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Adjustment Hearing Case Files_2388 S. Ocean Blvd._20140121_30139 Transmit To: Valerie Oakes, Deputy Town Clerk Date: January 21, 2014 Application No: #30139 Applicant /Owner: J. H. Norman Construction Co. Inc. - Applicant /Mr. Stephen and Laura Lang- Owners Property Address: 2388 South Ocean Boulevard, Highland Beach, Florida 33487 Submit Application: TOWN COMMISSION REVIEW Description of Application: Remove and replace 100 linear feet of seawall and associated batter piles, adjacent to property at Intracoastal Waterway for new single family home, in the RS- Zoning District REVIEW GIVEN TO SUBJECT PROPERTY p reliminary Review Final Review: Amended Site Plan Review Other: THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED, JANUARY 21, 2014, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Plans meet Town of Highland Beach Zoning and other governmental agencies requirements. Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other governmental agencies. Plans do not meet Town of Highland Beach Zoning requirements. RECOMMENDATION: Applicant has submitted construction documents for review, to remove and replace 100 linear feet of seawall and associated batter piles. The Town of Highland Beach Building Department has reviewed the submitted plans and found that they comply with the requirements of the Highland Beach Code of Ordinances, Sec. 6 -127 and Sec. 6 -128. The Building Department recommends approving the permit subject to Highland Beach Commission review and approval. PLC ASE T' KE ,' A ER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., SC E' UL: imati 'l , r, TRANSMIT TO QUASI- JUDICIAL BOARD, ETC. WAIL Michael Desor. , Buil.(ng Official CLERK'S OFFICE USE ONLY: Date Received: 1 1 I — ) Date of Workshop Meeting: ►" ,4- Date of Hearing: 1 oti "`°'� TOWN OF HIGHLAND BEACH DEC 1 0 2013 o I. HIGHLAND BEACH P LANNING BOARD WILDING DEPARTMENT �(. ©RIOP DEVELOPMENT ORDER APPLICATIoN Application # �3 I request a hearing regarding the rms of the Zoning Ordinances of the Town of Highland Beach. This request relates to the property and zoning requirements set forth in this application. PROPERTY INFORMATION ASSOCIATED WITH THIS APPLICATION Address: 2388 S Ocean Blvd. Highland Beach, FL 33487 PCN: 24 43 46 28 - 09 - 000 - 0071 Full Legal Description of the Property [as described in the deed] or reference to an attachment: Lot 7A, "Plat of Byrd Beach ", According to the Plat thereof, as recorded in Plat Book 20 Page 1 of the Puhlic Records of Palm Reach Cot my, Florida. Zoning District: What is the locat of the installation? Residential X Intracoastal Waterway (ICW) ❑ Interior Canal/Basin ❑ N/A PROPERTY OWNER INFORMATION Name: Mr. Stephen and Laura Lang Phone: (617) 894 -3582 Fax: Mailing Address: 4040 S Ocean Blvd. Highland Beach, FL 33487 Email Address: swlang @mac.com APPLICANT INFORMATION Name: J.H. Norman Construction Co, Inc. Phone: (561) 953 -5040 Fax: (561) 953 - 5049 Mailing Address: 8000 N Federal Hwy. Suite 220 Boca Raton, FL 33487 Email Address: jhnormanconstruction @yahoo.com ARCHITECT/DESIGNER INFORMATION Name: Ray Qualmann Marine Construction Inc. Phone: (954) 941 -0132 Fax: (954) 943 -6430 Mailing Address: 2860 NE 16 Street, Pompano Beach, FL 33062 Email Address: QualmannMarine @bellsouth.net DEVEOPMENT ORDER REQUEST Rezoning: Special Exceptions: ❑ Rezoning by a Property Owner or Party Other than ❑ Boat Basins the Town ❑ Boat Lifts ❑ Change of Nonconforming Use Site Plan: ❑ Dwelling, Single - Family, Zero Lot Line ❑ Site Plan Multifamily and Non - Residential ❑ Essential Public Service Structures ❑ Site Plan Review, Major Modification ❑ Houses of Worship X Site Plan Single - Family, Located on a Single Lot ❑ Off - Premises Parking ❑ Site Plan Single - Family, Located within a Larger ❑ Perpendicular Docking of Boats Project ❑ Post Offices Other: ❑ Recreation Facilities, Public ❑ Utility Facilities Provide a brief description of the project: Remove 100 linear feet of existing concrete seawall, piers and boat lift. Install new 100 linear feet of seawall -awii-liweatia<86 and associated batter piles, a 5 foot by 50 foot concrete dock, I give permission to the members of the Planning Board and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information, and I understand that willful false statements and the like are misdemeanors of the second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the Board procedures and application requirements. ith this application, I am submitting the necessary supporting materials listed. ....,....iri Applicant's Signature: X ' Date: / Building Department Use: Date Application Received: By: Preliminary Review: Final Review: Amended Site Plan: Other: ❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements. ❑ Plans meet Town of Highland Beach Zoning requirements, however, approvals are pending with other governmental agencies requirements. ❑ Plans do not meet Town of Highland Beach Zoning requirements. Building Official Signature: Date: Received by the Town Clerk's Office: / - Received By: 1 g Lk h Kt-f. -(. C� it Date: 1-1 IV Date Public Notices Mailed: ( I 2-1 (2.0714 Date Legal Advertisement Published: lV \ A 2IPage O N1GHLgy DEC 1 02013 i HIGHLAND BEACH BUILDING DEPARTMENT 'LORIDA _ - - -- TOWN OF HIGHLAND BEACH 3616 South Ocean Boulevard Highland Beach, FL 33487 Building Department Telephone (561) 278- 4540/Fax (561) 278 -2606 APPLICATION FILING DEADLINE Complete applications will be accepted no later than 4:00 p.m. forty five (45) days prior to the Planning Board meeting date when the application will be considered. The regular meeting date for the Planning Board is the 2 " Wednesday of each month at 9:30 a.m. in the Town Commission Chambers. The exact dates of the meeting can be verified with the Deputy Town Clerk at (561) 278 -4548. If an application is determined to be incomplete, revisions are not accomplished, and the application is not resubmitted by the deadline, the hearing of the application will be postponed until the next regularly scheduled meeting of the Planning Board. DEVELOPMENT ORDER SUBMITTAL CHECKLIST Submittal Requirement Date Staff (Other requirements may apply, see Chapter 30, Article 111, § 3) Received V Development Order Application $200.00 Application Fee Affidavit of Authorized Agent (if applicant is not owner) J Deed or other Proof of Ownership IA Attachment to Application Form Addressing Site Plan /Special Exception Issues V Architectural elevations, dimensioned site plan, landscaping plan, drainage study, exterior lighting details, location of walk and driveways, location of pools site walls, etc. NA Drainage Provisions L t Landscape and Irrigation Plan N t , Sealed and Signed Plans Sealed and Signed Survey (one year old maximum) Separate Application Required for Construction Trailers and or Storage NA Containers. (May be processed with Site Plan review as one application if requested.) NIA Separate Application Required for Sales Trailers NA Separate Application Required for Signs NIA Site Lighting Plan NA Water Impact Study WA Written Description of Site Plan /Special Exception Other Support Information (if applicable) 111311111111111111111111111111 CFH 20130202135 OR BIC 25998 PG 0397 THIS INSTRUMENT PREPARED BY AND RETURN TO RECORDED 05/03/2013 14 :30:05 Jeffrey A. Levine, Esq. Po1• Bench County, Florida JEFFREY A. LEVINE, PA. , AMT 1,000,000,00 _. • OATH TON, FLORIDA Doc Stamp Bock, 11 , v r. L/ �� Be B1 = • TON, FLORIDA 33487 Sharon R. Beck,C� s': 'r " T� D Pg 0397) Ilpg) • .. :praisers Parcel Identificecon (Fo,'§ " rs: 24- 43-46- 28-09400 e DEC 1 0 2013 C j 0 SPACE AHOVE TRIS Ln1E EOA RELOitD1N0 DATA WARRANTY DEED i BUILDING DEPARTMENT THIS W DEED, made t he , day of May, 2013 by J. H. NORMAN ESTATE HOMES, INC,* Florida corparatlsO''ela called the grantor, to STEPHEN LANG nod LAURA LANG, husband and wife, whose post ogres address 40 S OCEAN BLVD, HIGHLAND BEACH, FLORIDA 33487, hereinafter called the ((07tenvrr vied hervin O "eras.: and "grantee^ Include all the panics lo this leurumenr and the heirs,. legal rrpmevaive., and aerlgne 14ydualr, and the mceerro, and =signs ofearporaHmu) �'‘) W 1 T N E S 9 E T H: a g tor, for snd la consideration of the sum of TEN AND 00 /100'S (S10.00) Dollars end other valuable 000016 ra 0- , S ipt whereof u hereby acknowledged, hereby grants, bargains, sells, aliens, 1 remises, releases, conveys and r, .•m the grantee all that certain land situate In PALM BEACH County, State of Florida, viz.: } O Lot 7 -A, BYRD BEACH, aced to the Plat thereof v retarded In Plat Book 20, Page 1, Public - ,;._y ,tier , Records of Palm Beach County, Fl •. ' : '� . ""`r: , 17 i irr ^� ILE n Subject to easements, restrictions end ervatIons of record and taxes for the year I013 and lherealtcs•, U • TOGETHER, With all the tenement; hereditam� appurtenances thereto belonging or in anywise appertaining. • .. :. _ i , gt/Vagiy ar TO HAVE AND TO HOLD, the same in fee simple forever, . AND, the grantor hereby covenants with said grantees that the grantor is lawfully Seized of said Land in fee simple; that . the grantor has good right and lawful authority to sell and convey said land and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31 ,2012, IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day end year fast above written. Signed, sealed and delivered In the presence of. J. H, NORMAN ESTATE H s , : ,INC,, e Florida corporatinn • „I 1 �� ►i. _ Wi• , ill By JEFFRE TS!T � ,P as lea- .9 Le4,4e 8000 FEDERAL HIGHWAY 6220 Witness 81 Name ID HOCA BATON, FLORA 33497 imess qi e. V'l0 &rsy k. Srev Witness k2 Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH SI- of Ma 2013 JEFFREY H. NORMAN, The foregoing Instrument was RMA 5 ESTATE H before me this / day y, by PItESmL'N'f ofJ. H. NON ETE HOMES, INC., a Florida corporation � idenhficatione corporation and who (.../ is personalty known to me or ( ) Produced SEAL /, .. 4: B818YK 81E71 My Commission Expires: Printed Notary Signature , , TM fit, FrOc. File No.: 1114002 r,.._,.n c nna rrD- .....'a 01 P0nn 1 of 1 RECEIVED DEC 1 0 2013 AUTHORIZED AGENT AFFIDAVIT HIGHLAND BEACH BUILDING DEPARTMENT I Jeffrey H. Norman, President of 1.H. Norman Construction Company, Inc. (Contractor) hereby grant authorization to Danielle Sneed (Authorized Agent) to act in my behalf with the Town of Highland Beach Building Department and Planning Board while conducting actfvities related to obtaining permits. These activities specifically include signing all documents requiring signature of "Contractor". Danielle Sneed (Authorized Agent) is to be considered an agent of my business and therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or associated with the signature as they may relate to my contracting business. I Jeffrey H. Norman, President of 1.H. Norman Construction Company, Inc. (Contractor) relieve the Town of Highland Beach Building Department and Planning Board of and agree to hold the Town of Highland Beach Building Department and Planning Board harmless from any and all responsibility, claims or other actions arising from or related to the Building Department or Planning Board's acceptance of the above agent's signature for permit - related activities. I further understand that it is my sole responsibility to grant and terminate any such authorization and to ensure that the Building Department and Planning Board receives timely notice of any such grant or termination. J.H. Norma IP r Com .any, Inc. Danielle Sneed Jeffrey H. Norman President CGCO20531 State of Florida County of Palm Beach State of Florida County of Palm Beach The was acknowledged before me this The foregoing was acknowledged before me ;L i da of December 2013, by Jeffrey H. Norman, this day of December 2013, by Danielle who is tonally known to r who produced Sneed, who i ersonally known to tTe .or who as identification. produced as r ation. D *M / Y ti ", LINDA L SCHMITT ; e::"v . JNDA L SCHMITT ..� MY COMMISSIONtFF 061520 +; `ri MY COMMISSIONYFF 061520 iu. 1 EXPIRES: November 16, 2017 ;1, - EXPIRES: November 16, 2017 '•�F„p Bonded Nu Notary Pubic Undemiten ka r Bonded Nu Notary Pubic UMerxr ten RECENED DEC 1 6 2013 AUTHORIZED AGENT AFFIDAVIT HIGHLAND BEACH BUILDING DEPARTMENT I, Steve Lang (Owner) hereby grant authorization to J.H. Norman Construction Co., Inc. (Jeffrey H. Norman - President - Authorized Agent) to act in my behalf with the Town of Highland Beach Building Department and Planning Board while conducting activities related to obtaining permits. These activities specifically include signing all documents requiring signature of "Contractor ". J.H. Norman Construction Co., Inc. (Jeffrey H. Norman - President - Authorized Agent) is to be considered an agent for my property and therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or associated with the signature as they may relate to my contracting business. I, Stephen Lang (Owner) relieve the Town of Highland Beach Building Department and Planning Board of and agree to hold the Town of Highland Beach Building Department and Planning Board harmless from any and all responsibility, claims or other actions arising from or related to the Building Department or Planning Board's acceptance of the above agent's signature for permit - related activities. I further understand that it is my sole responsibility to grant and terminate any such authorization and to ensure that the Building Department and Planning Board receives timely notice of any such grant or termination. teve Lang J.H. Norman C nstructio Co., Inc. Owner Jeffrey H. Norman - President Contractor #CGCO20531 State of Florida County of Palm Beach State of Florida County of Palm Beach The foregoing was acknowledged before me this The foregoing was acknowledged before me qth day of December 2013, by Steve Lang, who this day of De mber�lr Jeffrey H. I< a Wally knnwn ro m or who produced Norman, who is �et lily known to m , or as identification. who produced as 7kilie , identification. l aiii :j— / ,i / O'A '•'N ; UNDA L SCHMITT 1520 MYCOMMISSION #FF06 K " +�. UNDALSCFIM fa'•. EXPIRES: November 16, 2017 "! MY CAMMISSION a FF 061520 Bf,�h Bowled Thou Notary Public unaembrs EXPIRES: November 16, 2017 1 e Q,q''t Bonded ThtNOtery Pu�c undenwNers e DEPARTMENT OF THE ARMY NEC n JACKSONVILLE DISTRICT CORPS OF ENGINEERS v %:. a j 7 4400 PGA BOULEVARD, SUITE 500 Ql %'11111'' ) ,� PALM BEACH GARDENS, FLORIDA 33410 DEC 1 0 2013 STA7E5 ��F REPLY TO October 22, 2013 HIGHLAND BEACH ATTENTION OF BUILDING DEPARTMENT Regulatory Division Palm Beach Gardens Section SAJ-201 3 -013 42 (GP -LCK) Mr. and Mrs. Stephen Lang 4040 South Ocean Blvd. Highland Beach, FL 33487 JM Norman Estate Homes Inc. c/o Jeffrey Norman 8000 North Federal HWY, STE 230 Boca Raton, FL 33487 L1rrb Dear Mr. and Mrs. Lang: ,I� itt/5 /1 for st( Your application for a Department of the Army permit has been assigned number SAJ- 2013 -01342 (GP -LCK). A review of the information and drawings .rovided ows the proposed work is to install a 5 -foot by 50 -foot marginal concrete dock '• . d boatli `' ocated no closer than 66 linear feet from the near bottom edge of the federal channel. The proposed project is located on the Intracoastal Waterway at undeveloped Lot 7A (PCN: 24434628090000071), Highland Beach (Section 28, Township 46 S, Range 43 East), in Palm Beach County Florida. Latitude: 26.430213° Longitude: - 80. 064196 °. Your project, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ -20. This authorization is valid until March 22, 2018. Please access the Corps' Regulatory webpage to view the special and general conditions for SAJ -20, which apply specifically to this authorization. The website address is as follows: http: / /www.saj.usace. army .mil /Missions/Regulatory.aspx Please be aware this web address is case sensitive and should be entered as it appears above. Once there you will need to click on "Source Book "; and, then click on "General Permits." Then you can click on the specific SAJ permit. You must comply with all of the special and general conditions and any project - specific conditions of this authorization or you may be subject to enforcement action. The following project - specific conditions are included with this authorization: 1. As -Built with X -Y Coordinates: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as -built drawings of the authorized work and a completed As -Built Certification Form (Attachment A) to the Corps. Mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch Attn: Jose Rivera, 4400 PGA Boulevard STE 500, Palm Beach -2- Gardens, 33410, FL. The drawings shall be signed and sealed by a Florida registered professional engineer or a professional land surveyor registered in the state of Florida and include the following: a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (81/2-inch by 11- inch). The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure and a point at the mean high water line (MHWL) or the face of the bulkhead/seawall, if present. The drawings shall include: (1) The dimensions of the structure, (2) depth of water (at mean low water) at the waterward end of the structure, and (3) the distance from the waterward end of the structure to the near bottom edge of the channel. b. List any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the As -Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or As -Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers. c. The Department of the Army Permit number. d. Include pre- and post - construction aerial photographs of the project site, if available. 2. Consent to Easement: A portion of the proposed work is located within the Federal right -of- way and requires a Department of the Army Consent to Easement. By copy of this permit, the proposal is being forwarded to the Corps Real Estate Division for action on the Consent to Easement. Prior to commencement of construction the Permittee shall provide written verification to the Corps that the Consent to Easement has been approved. Failure to obtain the Consent to Easement invalidates this authorization. 3. The outermost extension of the structure shall be no closer than 66 linear feet from the near bottom edge of the channel. 4. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or -S- alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Prior to initiation of any work authorized by this permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. 6. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non - federal lands without written authorization from the SHPO and the Corps. d. In the unlikely event that unmarked human remains are identified on non - federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO and the Corps. -4- 7. The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work - 2013" provided as an Attachment of this permit. 8. The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006 and provided as an Attachment of this permit. 9. No installation of any type of piling greater than 24" in diameter, or installation of any size of metal piling or sheet piling by impact hammer is authorized by this permit. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. In Florida, projects qualifying for this RGP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F.S., or a local government with delegated authority under §. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereignty submerged lands. You should check State - permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district." Generally, authorization of activities that have commenced or are under contract to commence in reliance of the GP will remain in effect provided the activity is completed within 12 months of the date a GP expired or was revoked. In the event you have not completed construction of your project within the specified time limit, a separate application or re- verification will likely be required. If you are unable to access the intemet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced GP, please contact Linda C. Knoeck by telephone at 561- 472 -3537. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit http://per2.nwp.usace.army.mil/survey.html and complete our automated Customer Service Survey. -5— Your input is appreciated — favorable or otherwise. Again, please be aware this web address is case sensitive and should be entered as it appears above. Sincerely, Linda C. Knoeck Project Manager Enclosures: As -Built Certification Form Manatee Construction Conditions Sea turtles and Smalltooth Conditions Copy Furnished: CESAJ -RD -PE CESAJ -RE -M r SELF - CERTIFICATION STATEMENT OF COMPLIANCE General Permit Number: SAJ -20 Application Number: SAJ- 2013- 01341(GP -LCK) Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): * * * * * * * * * * * * * * * * * * ** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). 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'7 .• I 11- tant s ..,. i,_. nalittag ''' r• 1. ••• 0 I 1- ..;.'-.1 • ---/ •!-i 'J.:. 71 . ei cp , ..7 .1: .• *.■ -r . ; , -.1 .•;': ""I 0 1:;': TI X 1 nr ; ,-. .T. c:. f . " ) m r fil . A. - - a. •:!. Z 4 i 3P"'" -'; 7' • ..,. - - 1 - 1 '.' 'TT : -. ,..f. 2: -1 -' !I! j) ' .-"•-... . ■ \ ,. st-.1 < I I. .::!,. ..._ . .." •..n rn . • • . , 1 k_......_ . _-_-ki ......, . 0r: i ! , .„.....,, ... ; i - 1 4 < - ii ' m = r" ___ _ .. 4 i , .,...:• :1 a.: -1-, --, I ITT 1,i— 11 i, 1 ALL CCNNEG7 ::N6 .' RE �vE UNLESS +Y HER'fl,I_ ";;:'TE 2. ALL HARDWARE TO BE STAINLESS STEEL, 3. PILES SHALL HAVE MIN. 10' EMBEDMENT & 10 -ON [ T " BEARING CAPACflY, .. T;; 1 lug" �����mn 4, PULLEYS SHALL BE RATED FOR 5000 Ib LOADING (MIN.) ■111111111•111111101111/ 5, ELECTRIC BY OTHERS. ! 6. DESIGN BY RATIONAL ANALYSIS. r co 7, ALUM, SHALL BE T -6061 ALLOY, 3 1•! 3 8. PILES SHALL BE 2,50 CCA PRESSURE TREATED 13 Ti 3 m • 9, ALL WORK SHALL CONFORM WITH F,B.0 � i ' . \m 12 Dia, Wd/conc, Pile ** z) .14' L.�t ! �� 4 3 I , e,• .2 �...,!�; ar!arre _ j I L. O 10' x b' x 2; AIum I - Beam t1.1 ^ 1 _ — — its i 3Y CC �t ti links t 3 u333•10 ^;:�s�■iGs�eFi A �� !■� IMP 0 D Sch 80 Gal Pipe ii,. • d imply_ __ .■u ■MI/ .:: 1 p __ � ,' x 8" All.irr+ Flat Bar i ' l i i } i 8 )1 7 .? I , Lj ` ,.; 6 .• 3 2' L Cable Spool Winders 2 3' x1/2' AIun1 Angle 3/6 ' ,tom Fiat tsar 1'2:, Jica ;c 2 '.2 Boitinut : $l! ) i emu) 2.ti' 25 ,2' Alum Angle ! i I bib' 'd!a• X a, ioi! /11Ur'. �, 5 r >-41 . tY 4 S 1 / :_. /2' dia, x iarg /wedge achrl X1111► 3 r- T. w -- r Pulley Asst' (- . _ (1] 5/16' S.S. eabie I r (' l 1 * *CONTRACTOR HAS OPTION OF USING WOOD OR CONCRe1 _ 'd ! 1 FILES IN AREAS POLICY APPLIES i -- / - ---f -- - — I 3 - - r - - --- -_ .- --- —�-- i l l p- �f ormar WHERE REGULATORY POLI '(11 i N 2 388 Ocean 31 L i j F ana 9cr ^ tiP O M 0\ t y; .a i hR:' 400 N.F d AVENUE FORT LAUDERDALE. FLORIDA PHON : (954) 763 -7611 . FAX: (954) 763 - 7615 .--'-" SKETCH TO ACCOMPANY REQUEST THIS , F FOR OR ARMY CORPS OF ENGINEERS PERMIT SKETCHY _x DESCRIPTION OF UPLAND PROPERTY: M • o � BYRD BEACH, according to the plat L as recorded in at Book 20, Page 1. of lic records of Palm Beach County, Florida. cr nds situate, lying and being in Section 28, nom: • ip 46 South, Range 43 Eas;, Town of m d Beach, Palm Beach County, Florida. a a W Ir SCALE 1 — cn __ c " 50' 0 a m ketch reflects all easements and riohts-of-way. as ¢ • shown on above referenced record plat(s). The subject property o was not abstracted for other easements road reservations or ? 24A �x rights -of -way of record by McLaughlin Engineering Company. 250 2) Underground Improvements if any not located. 1 76A i 3 This drawing Is not valid unless sealed with an embossed 22A surveyors seal. 20A 4 1 ME Legol Description shown as furnished by client. 5051 OF 5 Bearings and coordinates shown refer to U.S. ARMY CORPS OF 5001014 2.0- +s -a3' ENGINEER 1 S Dft Project Control Ma Rs 88 -2 p, 4.258, Sheet ' 12of20. 6) The coordinates and dimensions as shown on this drawing meet BLOCK PLAN or exceed the one (1) foot tolerance requirements of the Corps NOT TO SCALE of Engineers. CUT P -69 N 763717.91(Y) E 806012.23(X) I f< r7m LOT 6A O ° U] 0 1TX ` n ' ° 55 '" 1 </ I L' , ey • 0 2.w -0 n � J 62.50' l 2. w r ^i 2. w 2. w N 763104.233(7) N 793506.058(Y) 0 W - - -.- — - 67.50' -+ ^ _ E 006161,58 (5) E 806335.942(X) Et Z 150.00' 189'56'51 "W 1/4, :9'23'19'E 175.28' } I- ~ Q I 1 - WETFA ' 1.B'W. , 'Q rn N 783064,363(7) N 7530fi4 o a' '- N 7. . 4. I- Y) U p E 806011.631(5) c 606074.. • E :, 60.26 X) i , ° 62.50' h. 'WALL & 3' CAP 10 REPLACED ( E 65.94' - ` N C N SAME FOOTPRINT OLD Q J N 128.44' I 189'56'51 "W PROPOSED . , . ( f o Er Q�t I J 1 O T 7A z V) - & CUT P-1-69 x B'50 `A l CONCRETE DOCK C] N r O LLI M - 0 ft ° a v1 n- S o I-, "' " U� - m o � I m n $ ° N 763004. 22( 8 O O O ° n z 0 < 0 n °o I Z 4l / - E 806155.776(X,5 to zw 62.50' - 87.50 _ 2 > > ^4 589 23'19 "W 169.0 ' Z 150.00' Z 0 N8 9.56'51"W � .1 N 763004.226(7) LIJ n E 806161.576(5) N 763006.010(7) or a ` n Q' E 806328.758(X) 0 Lo Dp \ rog In n W W n 111 o w zwl � Z LOT 2. w 0 F- m O Z O N O W Q Z Z V I I j U 2 1 w o 2 CUT P -70 CER11FlCATION P. N 806009.69(X) 760946 a ( CERTIFIED CORRECT. E W LEGEND Dated at 8 A Fort Lauderdale, Florida, This 3th day of April. 2013. A e CENTRAL ANGLE (DELTA) ELEV.= ELEVA 001 R. RADIUS c /s= OFFSET •cLAUGHLIN ENGI EERING COMPANY A Oft L. ARC LENGTH A/c- AIR CON0IMONINC CH.BRG.= CHORO BEARING Ii . CENIERLNE OF RIGHT-OF -WAY � TAN.BRO= TANGENT BEARING F.P.L. FLORIDA POWER AND LIGHT CO. N P IC P.O.C.- POINT OF COMMENCEMENT S.B.T.- SOUTHERN BELL TELEPHONE P.0.5.. POINT OF BEGINNING B.C.R.= BROWARD COUNTY RECORDS JAMES M. cLAUh JR. W/McL CAP WI154 MCLAUGHLN ENGINEERING CO. CAP 0.6.11.- DADE COUNTY RECOR05 P.R,M,- PERMANENT REFERENCE MONUMENT 0.R.= OFFICIAL RECORDS BOOK Registered Land Surveyor No. 4497 CONC.= CONCRETE G.= PAGE C.B.S.= CONCRETE, BLOCK AND STUCCO 5/19. RIGHT -OF -WAY State of Florida. FIELD BOOK NO. _ _ CHECKED 8Y: JAM J08 ORDER NO. U -8057 C: \JMM \2013 \U8057(XY) IMMF • AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as -built engineering drawings to the US. Army Corps of Engineers, Enforcement Section, 4400 PGA Boulevard STE 500, Palm Beach Gardens, FL 33410 Attn: Jose Rivera. 1 you have questions regarding this requirement, please contact the Enforcement Branch at 904- 232 -3131. 1. Department of the Army Permit Number: SAJ- 2013- 01342(GP -LCK) 2. Permittee Information: Name: Address: 3. Project Site Identification (physical location/address): 4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Anny permit with any deviations noted below. This determination is based upon on -site observation, scheduled, and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as -built engineering drawings. - Signature f E gn o Engineer g Name (Please type) (FL, PR, or VI) Reg. Number Company Name City State ZIP (Affix Seal) Date Telephone Number -2- Identify any deviations from the approved permit drawings and /or special conditions (attach additional pages if necessary): 414.41 • -,, tty Ail project vessels IDLE SPEED /NO WAKE When a manatee is within 50 feet of work all in-water activities must ‘,1 SHUT DOWN r,„ 4 1-888-404-FWCC (3922) . . STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed /N o Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement, d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessel s, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888- 404 -3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1 -904- 731 -3336) for north Florida or in Vero Beach ( - 772- 562 -3909) for south Florida, and emailed to FWC at '. f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8% " by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. These signs can be viewed at It conceming these signs can be forwarded to the email address listed above. Questions I . 460T OF UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration R R NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake /idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction /dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824- 5312) and the local authorized sea turtle stranding /rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O: \forms \Sea Turtle and Smalltooth Sawfish Construction Conditions.doc f10flq's; `r4 •s ��T?x oE• L A DEPARTMENT OF THE ARMY RECEIVED 4, JACKSONVILLE DISTRICT CORPS OF ENGINEERS V ' 4400 PGA BOULEVARD, SUITE 500 DEC 1 q PALM BEACH GARDENS, FL 33410 0 2013 o` - -- HIGHLAND BEACH r[so REPLY TO DEC 0 6 2013 BUILDING D ATTENTION OF Regulatory Division Regulatory Permits Branch Palm Beach Gardens Permits Section SAJ- 2013- 01342(N W -LCK) Mr. and Mrs. Stephen Lang 4040 South Ocean Blvd. Highland Beach, FL 33487 Dear: The U.S. Army Corps of Engineers (Corps) assigned your application for a Department of the Army permit, which the Corps received on April 26, 2013, the file number SAJ -2013- 01342(NW -LCK). A review of the information and drawings provided indicates that the proposed work is to (I) remove 100 linear feet of existing rock rubble seawall and (2) install a new 100 linear feet of seawall and associated batter piles no more than one foot waterward from the existing seawall. The proposed project is located on the Intracoastal Waterway at undeveloped Lot 7A (PCN: 24434628090000071), Highland Beach (Section 28, Township 46 S, Range 43 East), in Palm Beach County Florida. Latitude: 26.43021Y Longitude:- 80.064196 °. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 13. In addition, project specific conditions have been enclosed. This verification is valid until March 18 2017. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270 — 10290, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and the List of Regional Conditions. The Internet page address is: http: / /www.saj.usace. army .mil /Missions/Regulatory.aspx Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on "Source Book"; and, then click on "Nationwide Permits." These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 13. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re- verification may be required. -2- The following special conditions are included with this verification: 1. As -Built with X -Y Coordinates: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Pennittee shall submit as -built drawings of the authorized work and a completed As -Built Certification Form (Attachment A) to the Corps. Mail the completed form to the Regulatory Division, Special Projects and Enforcement Branch Attn: Jose Rivera, 4400 PGA Boulevard STE 500, Palm Beach Gardens, 33410, FL. The drawings shall be signed and sealed by a Florida registered professional engineer or a professional land surveyor registered in the state of Florida and include the following: a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (8'/ -inch by 11- inch). The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure and a point at the mean high water line (MHWL) or the face of the bulkhead /seawall, if present. The drawings shall include: (1) The dimensions of the structure, (2) depth of water (at mean low water) at the waterward end of the structure, and (3) the distance from the waterward end of the structure to the near bottom edge of the channel. b. List any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the As -Built Certification Fomi the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as -built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or As -Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers. c. The Department of the Army Permit number. d. Include pre- and post - construction aerial photographs of the project site, if available. 2. Consent to Easement: A portion of the proposed work is Located within the Federal right -of- way and requires a Department of the Army Consent to Easement. By copy of this permit, the proposal is being forwarded to the Corps Real Estate Division for action on the Consent to Easement. Prior to commencement of construction the Permittee shall provide written verification to the Corps that the Consent to Easement has been approved. Failure to obtain the Consent to Easement invalidates this authorization. 3. Setback criteria: the seawall in conjunction with the dock is not allowed closer than 66 feet from the near bottom edge of the federal channel. 3 4. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. 6. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work — 2013" provided in Attachment B. 7. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006 and provided in Attachment C of this permit. 8. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the pennit in accordance with 33 CFR 4- Part 325.7. Such activity shall not resume on non - federal lands without written authorization from the SHPO and the Corps. d. In the unlikely event that unmarked human remains are identified on non - federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO. and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO and the Corps. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this Nationwide permit must qualify for an exemption under section 403.813(1), Florida Statutes or 373.406, Florida Statutes, or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, Florida Statutes, by the Department of Environmental Protection, a water management district under section 373.069, Florida Statutes, or a local government with delegated authority under section 373.441, Florida Statutes, and receive Water Quality Certification and applicable Coastal Zone Consistency Concurrence or waiver thereto, as well as any authorizations required for the use of state -owned submerged lands under Chapter 253, Florida Statutes, and, as applicable, Chapter 258, Florida Statutes. You should check State- permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter of authorization does not include conditions that would prevent the `take' of a state - listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A -27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage ( http:// www.myfwc.com/license/wildlifet) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http: / /www.fnai.orp/) also maintains updated Lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. 5 If you are unable to access the intemet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Ms. Linda C. Knoeck by telephone at 561 -472 -3527. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to visit http: // pert .nwp.usace.anny.mil /survey.html and complete our automated Customer Service Survey. Your input is appreciated — favorable or otherwise. Again, please be aware this Internet address is case sensitive and should be entered as it appears above. Sincerely, • Linda C. Knoeck Project Manager Enclosures: Self Certification Form Manatee Conditions Sea turtle and Smalitooth Conditions Copies Furnished: CESAJ -RD -PE CESAJ -RE -M Danielle Sneed (via email: dsneed@jhnormanconstruction.com) i 1 ' '' " GIRD 1 c pROc p -- o ,, �' 4 p ;. . I i ; �• .HYA�CINTIi Y DR 2 O' 5 1- Fig,'' ,- � -, ... a R. a t i, �, _ of - R1S --2---ii-R-.777. F' a n: z o f �i O AV +� o s • :� up . . .gt RD A � � r r SC LL _`_______ ( _ e y , p� " •,, jr _ c �, }"S �, ' , ' '' _ jELVD !PAM ..P.1„ rr �:G. . Z fG , i r: _ OREGB_ N ' _..,� rt i -A � , � 4 j f @ f r,,,,':,,..._ a' -- ✓� , N CQU �y C '�y� ev. , i' . _7R PEC iS -+ -= ;L+ -> a NO H, • IGAN t s..,-& 1 � r O 7 ° R l --, y.. T f iosple � . , $ 2HUSUN -� „G ° . r�O a ri '� > +s�toLe 1` 5� 4 BOSUN! Isla ar�BORcrQ LA A Z LE i # ' N! " g 2 H l .. 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NOczZcPti g g ig �\ to t c O a i E ni o n vi C:7 5 r m O m r 2 I Z s R o o 0a t -e pG �.. m 2'. m It Z Or , ____J 11.1:01.....21..1.31.40146. pisasaftweamegreasnalberremusmawrascommasaim NEW 12" X 12" BATTER PILES 10' O.C. STD. HOOK IN W/ MIN. LENGTH OF 22' & DR TO VERT. BAR. W--10" A MIN. BEARING CAPACITY OF 15 TONS SEAWALL CAP #5 REBAR 12" d.C. --1 — ( SEE CAP CROSS SECTION VERT. 12" o.C, HpR.TZ, NGVD FOR REBAR LAYOUT) SIDE OVER 6" ,-��■ TOP / BOTTOM 4". ■.■11111111111 6-0 AIGAV 11, ONE 3" WEEPHOLE, IIII� N I ,�af ,) PLACED 2' -0" ■■. t ,--- INSIDE PANEL EDGE, 0 v � 4 2'-10" BELOW TOP, a■. 12� • 1 w PROVIDE TWO 3/4" > 259 NGVD Q LIFTING HOOKS IN TOP OF 111 0 PANEL OR 1/4" S.S. ■.■ ' 0 , CABLE FOR LIFTING. 0.17 NGVD O � O • I \ 0 0 • EX. ROCK RUBBLE SEAWALL P 8" THICK SEAWALL PANEL -3.25 NGVD O • TO BE REMOVED N.T.S. 1/2" EXP. MATERIAL W/ ..�U1 r 3/4" DOWEL, 3' LONG, (4). EACH CORNER OF CAP REBAR BACKER ROD (CONT, _ ._._.......________t:f. —7"-- CAGE. GREASED TO ALLOW EXPANSION. /'— AROUND JOINT) I \ NEW 12" X 12" KING PILES 10' O.C. I \A (( MIN.. BEARING CAP OF O 15 T N 1"--"( ) 1 CONCRETE SEAWALL SECTION N.T.S. NOTE: PLACE DU). JOINT DETAIL GENERAL NOTES: .1T. C MIDWAY APPROX. EVERY 90 t, F. +/- N.T.S. 1. ALL CONCRETE TO BE 5000 psi. 28 DAY COMP. STRENGTH. 2. ALL STEEL REBAR TO BE GRADE 60 Norman 2388 S. Ocean Blvd Highland Bch., FL 3, CONCRETE SHALL BE PROPERLY CURED, 4. CONTRACTOR TO OBTAIN UTILITY CLEARANCE PRIOR TO PILE DRIVING. CALL 1 - 800- 432 -4770. 5. ASSUMES GOOD BEARING SOIL, IF SILTS OR MUCK • IS ENCOUNTERED, INCREASE PANEL DEPTH TO THE POINT OF p�� • REFUSAL AND CONTACT ENGINEER. ' �! U ; LMANN Lit N.r �'CONSI a tiot' ALAN GARC A, P. , ESTABLISHED IN 1948 LFCENSE #42564 GENERAL CONDITIONS 33 CFR PART 320 -330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on March 18, 2017. If you find that you need more time to complete the authorized activity, submit your request for a tithe extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. DEPARTMENT OF TIIE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ- 2013- 01342(NW -LCK) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232 -0019. (TRANSFEREE - SIGNATURE) (SUBDIVISION) (DATE) (LOT) (BLOCK) (NAME - PRINTED) (STREET ADDRESS) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) CAUTION: MANATEE HABITAT All project vessels IDLE SPEED NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: , 1-888-404-FWCC(3922) cell *FWC or #FWC STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed /No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1- 888 -404 -3922. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 - 731 - 3336) for north Florida or Vero Beach (1- 772 -562 -3909) for south Florida, and to FWC at ImperiledSpecies(c imyFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'A" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. These signs can be viewed at MyFWC.com /manatee. Questions concerning these signs can be sent to the email address listed above. ,re .0 4\ UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE oF Southeast Regional Office 263 13th Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake /idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Revised: March 23, 2006 O: \forms \Sea Turtle and Smalltooth Sawfish Construction Conditions.doc ,,„., ,N„owa,4 AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as -built engineering drawings to the US. Army Corps of Engineers, Enforcement Section, 4400 PGA Boulevard, STE 500 Palm Beach Gardens, FL 33410 Attn: Jose Rivera.. If you have questions regarding this requirement, please contact the Enforcement Branch at 904 - 232 -3131. 1. Department of the Army Permit Number: SAJ- 2013- 01342(NW -LCK) 2. Permjttee Information: Name: Address: 3. Project Site Identification (physical location /address): 4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on -site observation, scheduled, and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings. Signature of Engineer Name (Please type) (FL, PR, or VI) Reg. Number Company Name City State ZIP (Affix Seal) Date Telephone Number -2- Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): ME �; EINTED DEC 1 0 2013 949A Clint Moore Road Tel: (561) 241 -9988 Boca Raton, Florida 33487 S R V E Y I N G & MAPPING Fax (561) 241 -5182 Certificate of Authorization No. LB7264 HIGHLAND BEACH BUILDING DEPARTMENT BOUNDARY AND TOPOGRAPHIC SURVEY LOT 7A BYRD BEACH LEGAL DESCRIPTION LOT 7A, "PLAT OF BYRD BEACH ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, AT PAGE 1 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE TOWN OF HIGHLAND BEACH, FLORIDA, AND CONTAIN 17,053 SQUARE FEET, MORE OR LESS. NOTES I. REPRODUCTIONS OF THIS SURVEY ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED LINTON BLVD SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Mr 2. EASEMENTS AND RIGHTS -OF -WAY LISTED IN TITLE COMMITMENT NUMBER 2710609 - 71626221, AS PREPARED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, EFFECTIVE DATE 01/09/2006 AT 9:02 AM, ARE SHOWN HEREON. 3. ELEVATIONS SHOWN HEREON ARE BASED ON PALM BEACH COUNTY BENCHMARK M310, HAVING AN ELEVATION OF 5.233 (NAVD 1988). ALL ELEVATIONS SHOWN ARE RELATIVE TO NGVD 1929. NAVD 1988 • 1.54' = NGVD 1929. 4. UNDERGROUND IMPROVEMENTS NOT LOCATED. LOCATION MAP 5. FLOOD INFORMATION IS AS FOLLOWS: NOT TO SCALE COMMUNITY NUMBER 125111 PANEL NUMBER 1 SUFFIX C DATE OF FIRM INDEX : SEPTEMBER 30, 1982 ZONE : A5 BASE FLOOD ELEVATION • 7.00' 6. THIS SURVEY IS CERTIFIED T0: A. J H NORMAN ESTATE HOMES, INC., A FLORIDA CORPORATION B. OASIS TITLE COMPANY C. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ABBREVIATIONS O.R.B. • OFFICIAL RECORDS BOOK L = ARCLENGTH P.O.B. POINT OF BEGINNING CONC. CONCRETE P.O.C. POINT OF COMMENCEMENT COR. CORNER P.B. PLAT BOOK D = DELTA (CENTRAL ANGLE) P.B.C.R. • PALM BEACH COUNTY RECORDS D.E. DRAINAGE EASEMENT PG. • PAGE I.R. = IRON ROD P.S.M. PROFESSIONAL SURVEYOR I.R.C. IRON ROD AND CAP 8 MAPPER L.B. LICENSED BUSINESS R/W • RIGHT -OF -WAY L.S. = LICENSED SURVEYOR U.E. • UTILITY EASEMENT MON. = MONUMENT CERTIFICATION !HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF DAPP S YOR AND MAPPER FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK: 07/25/2013 Prolect Nome: BYRD BEACH BOUNDARY /TOPO SURVEY DATE: 11/30/2011 JOB NO. 11209 DWG BY JSH UPDATE 7 CK'D By JSH SHEET 1 0F 2 INTRACOASTAL 12" DIA. WATERWAY ° MOORING J BOAT PILES LIFT IP (POOR X CONDITION) 6 6. co 0 0 100.00' (P) &(M) 9, -.W. )... / 's 1 V. 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' 6' in A .:9' _ D O DO - 0 �J� 6" \4. . , 0', 8 lb` is • 7 sr, - , ,q , v im, STATE ROAD A -1 -A — . — - — . +s.- 1-------- f6._------ .--- - - - - -- '8,i .9� 30' ASPHALT PAVEMENT 0 . 4 ,...... -rsn-. +_•. vh• mwae+AMw, R n Y A LP. � A .�j, 1 4 A� � `D. CTS 0 r _V _ JOB NO. 11209 Project Name: BYRD BEACH DWG BY: JSH SCALE: 1 "•30' CK'D By JSH DATE: 11/30/2011 SHEET 2 OF 2 I TOWN of HIGHLAND BEACH 0 4 ` 0 3614 South Ocean Boulevard Highland Beach, FL 33487 -3325 1, "" %` or 561 278 -4540 Fax 561 278 -2606 Receipt Record Page :1 Receipt Number: RCPT2013 -2353 Date Printed: 12/16/2013 Received From: JH NORMAN CONSTRUCTION Date: 12/16/2013 Reference #: BP -30139 Received By: Sue A. Amount: $200.00 Comments: Fees: FEE2013 -5404 Planning Board Fee $200.00 $200.00 Accounts: 001-310 000-341 91 Board Application Fees $200.00 $200.00 Other Fields: C - I U J. H. Norman Construction Co., Inc. 17 VE Developer, General Contractor 2013 8000 North Federal Highway, Suite 220 Boca Raton, Florida, 33487 EACH RTMENT I Phone (561) 953 -5040 Fax (561) 953 -5049 LETTER OF TRANSMITTAL To: Town of Highland Beach Building Department Date: December 13, 2013 Address: 3616 South Ocean Blvd. Address: Project: Lang Residence City: Highland Beach Re: Seawall, Dock and Boat Lift State: Florida Location: 2388 South Ocean Blvd. Zip: 33487 Highland Beach, FL 33487 Phone: (561) 278 -4540 Fax: (561) 278 -2606 Attn: Michael Desorcy We are submitting the following items via: Delivery Copy(s): 1 Document: Palm Beach County Property Appraiser's Website map of properties within 300 ft of proposed project property corners Copy(s): 1 Document: Palm Beach County Property Appraiser's Website Report containing property owner's names, addresses, and mailing addresses of properties within 300 ft of proposed project property corners Copy(s): 1 Document: 3 sets of mailing lables for properties within 300 ft of proposed project property corners These are being sent for: use for mailing public notices for proposed new seawall, dock and boatlift project Remarks: Please call if there are any issues or questions. Thanks! Cell (954) 410 -3691 Copies to: File Danielle Sneed Project Manager J.H. Norman Construction Co., Inc. O N O O N o8 u _. - • tp O _ O O Z N N CO t O O O O O O , 5k ; e ,.. ._ 04 0. • , ,,,, . ,- -.,- • .... , 0 v . . ., 04, ,. • Os .!! - ..' ki _1 . .t: r 7. fy i f p��e use, ` � ' i o M -y f _ f9_uea3p N , 1 riii I i /C-11111 " -Itt illilr A 1110 •.• . . IP „if . tI . . , . , , . i...,' .." k lir ,. : - r ...,:..,, „t g ,),„ . 4: li •.,. ? _ ,, . , ,_,� i LI - - ' '`f' , t tut • aas> \ m The Palm Beach Post ADVERTISIN INVOICE NEAL IDS ,MAR, ME BILLED ACCOUNT NUMBER BILLING DATE T OTAL AMOUNT DUE DOCUMENT G1333 01/21/2014 $161.68 I 116987 Palm Beach Daily News BILLING PERIOD TERMS OF PAYMENT PAYMENT DUE PAGE # 01/21/2014 - 01/21/2014 Upon Receipt 01/21/2014 1 /1 ADVERTISER CLIENT # ADVERTISER CLIENT NAME G1333 TOWN OF HIGHLAND BEACH TOWN OF HIGHLAND BEACH RECEIVED 3614 S OCEAN BLVD HIGHLAND BEACH FL 33487 -3393 FEB 0 3 2014 'Ilan ich F' For questions concerning this bill call 855 - 333 -2676 DATE I RE ENCE I DESCRIPTION DM ED U ITS TIMESTEUN (GROSS AMOUNT{ NET AMOUNT 01/21/2014 187598 TOWN OF HIGHLAND BEACH TOWN 161.68 161.68 COMMISSION 01/21/2014 PB Post, PB Post Web P0: PUBLIC HEARING 01/21/2014 Total Amount Due $161.68 PLEASE DETACH AND INCLUDE WITH YOUR PAYMENT PAYMENT COUPON DOCUMFNT 8111 INC. DATE TFOMS OF PAYMFNT AYMFNT DUE ADVFRTISFR CI IFNT M ,9pVFRTISFR CI IFNT NAME 116987 01/21/2014 Upon Receipt 01/21/2014 G1333 TOWN OF HIGHLAND BEACH Please send your payment to 67333 TOWN OF HIGHLAND BEACH 3614 S OCEAN BLVD CMG - PB Remittance Address HIGHLAND BEACH FL 33487 -3393 PO Box 645098 Cincinnati, OH 45264 -5098 TOTAL AMOUNT AMOUNT ENCLOSED= $161.68 0050011698700000161685 • The Palm Beach Post REAL NEWS STARTS HERE Palm Beach Daily News TOWN OF HIGHLAND BEACH TOWN TOWN OF HIGHLAND BEACH COMMISSION NOTICE OF PUBLIC HEARING The Town Commission of the Town of Highland Beach will conduct a Public PROOF OF PUBLICATION Hearing in the Town Commission Chambers located at 3614 5. Ocean Blvd., Highland Beach, FL 33487 on Tuesday, February 4, 2014 at 1:30 p.m. STATE OF FLORIDA to consider the following: COUNTY OF PALM BEACH DEVELOPMENT ORDER APPLICATION TO APPROVE THE INSTALLATION OF Before the undersigned authority personally A NEW 100 LINEAR FEET OF SEAWALL appeared Tiffany Everett, who on oath says that AND ASSOCIATED BATTER PILES, A K FOOT BY S 50 FOOT CONCRETE ED OCK s he is Call Center Leg al Advertisin g Representative resentative DOCK TO THE PROPERTY LOCATED AT 2388 of The Palm Beach Post, a daily and Sunday SOUTH OCEAN BLVD. newspaper, published at West Palm Beach in Palm APPLICANT: Beach County, Florida; that the attached copy of J.H. NORMAN CONSTRUCTION CO., advertising for a Notice INC. Application is available for public was published in said newspaper on inspection at the Town Clerk's Office, 3614 5. Ocean Blvd.; Highland Beach, First date of Publication 01/21/2014 and last date of Florida during normal business hours Publication 01/21/2014 - Monday - Friday from 8:30 AM to 4:30 PM. Affiant further says that the said The Post is a Any person who decides to appeal newspaper published at West Palm Beach, in said the decision made by the Town Palm Beach County, Florida, and that the said Commission at this meeting with newspaper has heretofore been continuously respect to any matter considered, you will need a record of the proceedings published in said Palm Beach County, Florida, daily and, for such purposes, you may need and Sunday and has been entered as second class to ensure that a verbatim record of mail matter at the post office in West Palm Beach, the proceedings is made, which record in said Palm Beach County, Florida, for a period of includes the testimony and evidence one year next preceding the first publication of the upon which the appeal is based. attached copy of advertisement; and affiant further Beverly Brown, MMC says that she /he has neither paid nor promised any Town Clerk person, firm or corporation any discount rebate, PUB: The Palm Beach Post p p y 1- 21/2014 # 87598 commission or refund for the purpose of securing this advertisement for publication in the said S .n >. i/ � • _ _ .1 newspaper. Also published in Martin and St. Lucie j Counties. or to and subscrl•e• before 01/27/2014. o is personally known to me. PUBLIC HEARING Ad ID: 388881 Ad Cost: 161.68 0 go.• . • TOWN OF HIGHLAND BEACH 3614 South Ocean Boulevard Highland Beach, FL 33487 Town Clerk's Office Telephone (561) 278 -4548 / Fax (561) 265 -3582 INVOICE JH Norman Construction Co., Inc. 8000 North Federal Highway, Suite 220 Boca Raton, FL 33487 561 - 953 -5044 RE: Application No. 30139 - 2388 S. Ocean Blvd. Description Unit/Hour Rate Amount Legal Advertisement 0 $ - Postage (Certified Mail /Return Receipt Requested) 18 $6.11 $ 109.98 Administrative Fee 0 $ - $ Total $ 109.98 Make all checks payable to the Town of Highland Beach in the Finance Department located in Town Hall. Total payment is due prior to setting a hearing date. Thank you for your business. Date Paid: 1 - - \ �} Received By: gEACH, F( ?014 CPO KO 01 -21 —1 4 18 9 6a?1 @ 02 *109.98 *109:7)80 001 —01 07 * 2 -57 Tuesday, January 21, 2014 CERTIFICATE OF MAILING This is to certify that on 01/21/2014, the Town of Highland Beach mailed a copy of the attached Notice of Public Hearing for the property located at 2388 S. Ocean Blvd., Highland Beach, Florida, to the attached list. This mailing consisted of 18 notices. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 21 day of January 2014. , � V • erie Oakes, Deputy Town Clerk Town of Highland Beach * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** sss****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** STATE OF FLORIDA COUNTY OF PALM BEACH Before me this 21 day of January 2014 personally appeared Valerie Oakes, Deputy Town Clerk for the Town of Highland Beach, who is known to be the person described and who executed the foregoing instrument and acknowledged to and before me that she executed said instrument for the purposes therein expressed. Notary Seal: Notary Public State of Florida '; "" ;;• BEVERLY M. BROWN , . Notary Public - State of Florida < i ` F O . My Comm. Expires Mar 2.2015 Commission # EE 69364 :. mcm.+ah ° i o : �fTx ' n • ' 4 t ' : y' ft __ii ii 0" TOWN OF HIGHLAND BEACH TOWN COMMISSION NOTICE OF PUBLIC HEARING The Town Commission of the Town of Highland Beach will conduct a Public Hearing in the Town Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Tuesday, February 4, 2014 at 1:30 p.m. to consider the following: CONSIDERATION OF APPROVAL FOR THE INSTALLATION OF ANEW 100 LINEAR FEET OF SEAWALL AND ASSOCIATED BATTER PILES, A 5 FOOT BY 50 FOOT CONCRETE DOCK TO THE PROPERTY LOCATED AT 2388 SOUTH OCEAN BLVD. APPLICANT: J.H. NORMAN CONSTRUCTION CO., INC. Application is available for public inspection at the Town Clerk's Office, 3614 S. Ocean Blvd.; Highland Beach, Florida during normal business hours — Monday — Friday from 8:30 AM to 4:30 PM. Any person who decides to appeal the decision made by the Town Commission at this meeting with respect to any matter considered, you will need a record of the proceedings and, for such purposes, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Beverly Brown, MMC Town Clerk Written notice to be provided by certified mail, return receipt requested on Tuesday, January 21, 2014 to all property owners abutting the proposed wall within 1,000 feet on the ocean or on the waterway. If a condominium with an association or homeowner's association or property owner's association is to be included, written notice may be provided only to the association president and the condominium's resident or property manager which would include the condominium or homeowners, resident or property manager and who shall post the notice on the association's bulletin board or other places of public notification, as per code sections 30-46 and 6- 128(a). 1/15/2014 Municode Sec. 6 -127. Construction. , (a) Generally. Whenever any property owner, including persons, firms, partnerships, corporations or combinations thereof who has legal or equitable title in and to real property situated within the town abutting or adjacent to any natural or artificial canal, stream or other body of water desires to construct and /or erect seawalls, bulkheads, retaining walls, revetments, rubble mound structures, groins or other aggregate materials, the town manager shall, after receiving the application, notify the town commission. The petitioner shall submit plans to the building department. The town commission shall either approve or deny the petition, after receiving proof of mailing that the property owner has notified the owner of the adjacent property on either side. (b) Location on Intracoastal Waterway. The bulkhead line along all shores of the Intracoastal Waterway within the town shall be coincident with the right -of -way lines established for the Intracoastal Waterway, now of record in Plat Book 17, of the county records, except in locations where existing walls or bulkheads are located landward of such lines. In the latter case, the existing bulkheads shall be deemed to be the bulkhead line or the extension thereof up to but not beyond the right -of -way line of the Intracoastal Waterway in such manner as to produce the greater advantage to the lands affected; provided, however, that in relating height planes to bulkhead lines, the right -of -way line of the Intracoastal Waterway shall determine. (c) Approval required for groins and breakwaters. No groin, breakwater or other similar obstruction shall be erected or constructed in the waters of the Atlantic Ocean unless approved by the town commission as being consistent with the peace, health, safety and welfare of the town, its inhabitants, and the owners of property abutting on the Atlantic Ocean, and with the approval of all federal, state and county agencies with jurisdiction over such construction activities. (d) Protection of ocean ridge. ( No quantity of soil, sand or rock shall for any purpose be removed or moved from the natural ocean ridge within one hundred twenty (120) feet of the easterly survey line or the vegetation line (as established in subsection (d)(3) below), whichever lies the furthest west, in such manner or extent as to result in the lowering of the elevation of any portion of an east -to -west profile of such ocean ridge below elevation plus eighteen ( +18.00) feet above mean sea level except for the purposes of constructing a seawall with elevation of not less than sixteen (16) feet or a swimming pool with deck elevation of not less than plus eighteen ( +18.00) feet above mean sea level. Such seawall or swimming pool shall be constructed a minimum of fifty (50) feet west of the easterly survey line or the vegetation line, whichever lies the furthest west. ( The exterior wall of any structure aboveground shall be constructed not less than fifty (50) feet west of the easterly survey line or the vegetation line, whichever line lies the furthest west. The foundations of such structures shall not be commenced until the contemplated seawall has been completed east of the proposed structure and approved by the building official. When such seawall has been completed, sand, soil and rock can be moved and removed below elevation plus eighteen ( +18.00) feet above mean sea level; however, as a prerequisite to the issuance of a certificate of occupancy for a structure located on a plot where excavation has been accomplished below elevation plus eighteen ( +18.00) feet above mean sea level and east of State Road A1A, the final grade must be restored in the area of the ridge to a minimum of plus eighteen ( +18.00) feet above mean sea level. ( The vegetation line referred to in this article shall be determined by visual inspection httplA ibrarymunicode .conindexaspX?clientld=10919 1/3 1/192014 Municode and set by the town engineer or other duly authorized individual at the time site or building plans are presented for preliminary or final approval, and such line shall be the eastward edge of a sustained, living and continuous beach vegetation line running in a straight line and approximately parallel to the easterly survey line. ( There shall be no removal of any soil, sand, rock or vegetation from any lot east of State Road A1A, except: a. A permit shall have been issued for construction of a reinforced concreteseawall with a finished elevation of sixteen (16) feet above mean sea level. b. This permit shall require drawings by an engineer licensed by the state and approved by the town engineer. C. This permit shall be issued only upon a concurrent building permit for a permanent building west of the wall having been approved. d The wall shall be located at least fifty (50) feet west of the easterly survey line or the vegetation line, whichever lies furthest west along the entire width of the property. e. In addition, no building permit for either a seawall or a building to be built on the ocean ridge between State Road A1A and the ocean shall be issued until the plans for such construction have been approved by the appropriate agencies of both the state and county. f. When a seawall or any structure is to be erected, sheet piling must be driven to maintain the dune and the protective vegetation. Erection of theseawall must be to the west of the sheet piling. (5) The foundation of the building shall not be commenced until the seawall has been completed and no part of the completed building shall extend above or easterly of the seawall. ( The ground floor (containing apartments and /or public living areas) of all buildings and the final grade between buildings and between a building and the side property line shall in no case be less than eighteen (18) feet, and if the elevation of adjoining properties is higher than eighteen (18) feet the final grade shall be sloped up to such level or an adequately strong wall constructed to retain the higher grade of the adjoining property. ( Where alignment of existing seawalls or structures makes it impractical to comply with the setback established by Chapter 30 of this Code, the town commission, upon advice of the planning board, may authorize an adjustment of the wall to meet existing conditions, but in no event shall any part of the building extend east of the state coastal construction control line. ( Basements for structures will be permitted west of the seawall as part of a structure for which seawall and building permits shall have been issued. ( In the event of the construction of a building on the top of the ridge without first having erected a seawall, basements will be permitted only if they are at least one hundred twenty (120) feet west of the easterly survey line or vegetation line, whichever lies furthest west. The structure may follow the slope of the dune, but no excavating shall be permitted below eighteen (18) feet above mean sea level within one hundred twenty (120) feet west of the easterly survey line, or the vegetation line, whichever lies furthest west. (10) None or any of the above work shall be done or any permit for a seawall be issued without prior approval of the town commission. http://library. municode.conVindexascoOclientld =10919 2/3 1/15/2014 Municode (11) Beach cleaning vehicles shall be allowed on the beaches between low tide and mean high water vegetation line (littoral zone). Such vehicles shall be allowed west of the littoral zone only upon written consent of the owners. The written consent shall be on file in the town hall and a copy retained by the driver of the vehicle. Except for beach cleaning vehicles, no motorized or trailer equipment of any kind shall be permitted to operate on the beach east of a seawall in place or under construction without town commission approval. In an emergency threatening life or property, the town manager or designee may give immediate approval for the use of emergency vehicles on the beach, to be followed up by other appropriate approvals within five (5) business days. (12) The terms and conditions of subsection (d), where in conflict with the provisions of any other chapter of this Code, shall take precedence. Sec. 6 -128. Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners. (a) No bulkhead, seawall or retaining wall shall be erected or constructed in any water, canal or lake, or on land abutting thereon, within the limits of the town, unless plans and specifications have been submitted to and approved by all federal, state and county agencies with jurisdiction over such construction activities, the town commission and the town consulting engineer, with a copy of such plans and specifications being filed with the town. All property owners abutting the proposed wall within one thousand (1,000) feet on the ocean or on the waterway shall be notified by the town at the applicant's expense. Motorized equipment used to install any of the above walls must stay in the littoral zone or obtain written consent of the owners of each private property whose property will be traversed, consents must be submitted to the town manager prior to the commencement of such work. (b) All seawalls west of State Road A1A shall be in excess of plus six ( +6.00) feet elevation above mean sea level. All seawalls on the Intracoastal Waterway and the Atlantic Ocean shall, at the discretion of the town engineer, have rip rap at the base to dissipate the wave energy and to protect the berm. i http: // library .municode.comfindexaspx?clientld =10919 3/3