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Land Development and Planning Project Files_2727 S. Ocean Blvd._20191212_Application No. 19-0003APPROVED BY PLANNING BOARD 12/12/19 APPLICATION 19-0003 MEETING OF: TO: FROM: SUBJECT: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 DECEMBER 12, 2019 PLANNING BOARD MARY MCKINNEY, AICP TOWN PLANNER PLANNING BOARD STAFF REPORT APPLICATION BY JOHN DYKINGA OF OCEAN ONE MARINE, REPRESENTING JOSEPH GALLITTO AND DAVID DRETTMAN, FOR APPROVAL OF A 14.55 FOOT LONG BY 5 FEET WIDE EXTENSION TO SLIP #5 AND A 20,000 LB CAPACITY BOAT LIFT IN SLIP #SA AND A 20,000 LB CAPACITY BOATLIFT IN SLIP #SB WITHIN THE VILLA MAGNA CONDOMINIUM DEVELOPMENT LOCATED AT 2727 SOUTH OCEAN BOULEVARD. ' ' I.GENERAL INFORMATION: Applicant Property Owners Property Characteristics John Dykinga, Ocean One Marine 1330 South Killian Drive Lake Park, Fl. 33403 Joseph Gallitto and David Drettman 2727 South Ocean Boulevard, Unit 405 and Unit 503 respectively Highland Beach, Fl. 33487 Comprehensive Plan Land Use: Multi Family Medium Density (6 to 12 du/acre) Zoning District: RMM, Residential Multiple Family Medium Density AGENDA ITEM 9C JROJECT LOCATION LINTON BLVD -r1ir,nfH\>:..i LOCATION MAP PROJECT SITE SCOPE OF 'w'ORK: \ A1.EXTEND EXISTING DD�2.INSTALL 2 BOAT LIFT: \ � flJU] (Ll) \rrsu1 ·©s NE\./ 20K BOAT l6'xl6 1 14,55 1 LONG x 5' \./IDE EXTENSION TO EXISTING DRETTMANN-GALLITTO 2727 SOUTH OCEAN BLVD HIGHLAND BEACH, FL NE\./ 20K BOAT l$1 xl6 1 c::::> c--J l.-0 ,-..\ I-­ (_) C) I 'b I -.,. Seo.le 0 Feet 60 SITE PLAN 1" = 60' SHEET 1 OF 3 AGENDA ITEM 9C1 N _O A iUi";:;:..fir F - - - 61,Y1 i4<F:d uof).F re r; tL1 v CL CJ t-_5t,". '+"..'"` voy„y"' ! & v sy b s -a 'ill I,5g;i z r i.3 :;; - iaF• rl _ 1 b: `h ':' �+F A F . 'N i ' S ..INt'ih gb.:v �� 4 ^Gri:r 1'- "r G]. r; +'�.s (f' =3x '�'�R'"v0.; r, fi •�i� .4�t �t. ',s�u�" 'iY�'7v V' ,M, '�'T45tYa�w, yk1 {,�,j 'i-'�,jl- �s GIB �at r a �s # i�� k "pigs �' • k.a� F ..7 f yi1,.. 'c"r L`ar-' icgt,.7.;7i'�rv� L 'f rn xY 'AM . 3' .- - `' "a '� J 3 c •��'�`�c .� _?'"`� �' a a•- i' k .,.�ti.3d '�".Gbe/n{'.RIRtv}�53�"-FF} 1x`F'M-i�5a'�-{'+ `�• p Evve- 3tal age (Ci El �� x -91 OW CD IN- F° S FORM#: 62-343.900(1) JV FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: October 3, 1995 PART 8: A. By signing this application form. I am applying, or I am applying on behalf of the applicant, for the permit and any proprietary authorizations identified above. according to the supporting data and other incidental information filed with this application. I am familiar with the information contained it, this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, and that work prior to approval is a violation. I understand that this application and any permit issued or proprietary authorization issued pursuant thereto, does not relive me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, or 1 agree on behalf of the applicant, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F. and 18 U.S.C. Section 1001. Y#4 d/Printe - ' ame o Applicant no Age �isused) or Agent (If one is so authorized below) f Ignat e of Applicant/Age %' Date (Corporate Title if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated above; and to furnish, on request, supplemental information in support of the application. In addition, I authorize the above -listed agent to bind me, or my corporation, to perform any requirements which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. ection 001. �_... ped/Printe ante of Applicant (Corporate Title if applicable) I icant Date Please note The `►nnlieant's original signature (not a cotes) is required above. PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. 1 either own the property described in this application or I have legal authority to allow access to the property, and I consent. after receiving prior notification, to am site visit on the property by agents or personnel from the Department of E;nvironnlental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. 1 authorize these agents or personnel to enter the property as many times , ay ecessary to make such review and inspection. Further, I agree to provide entry to the project site for such a nts or personne to monitor permitted work if a permit is granted. yped/Printed ante ol'Applicant Si atul'e of scant (Corporate Title itsapplicable) Date r ���D�i� � F0 OCT 15 2019 HIGHLAND BEACH BUILDING DEPARTMENT vx 0 hy7 T m 0 cn o D Z 0 T m w 2 0 i G) C17 I cn �o �m �z ;o ,z '0 j < �o m 7 m z -I m' ;L7 �m C mm5 00 O -4- z m0 j O co 00 K C mm O � O O 00?i 0 K m 0 G) m O 0 EDGE OF CHAN—EL SCALE:1"=20' INTERCOASTAL WATERWAY 000 D x m m O 0 mzo -{ CD rnrn;� m0 ..� r mzE: "-00 �irn0� �z0 P CD v.Z�7 n Z N 5-!-�O�JJp 2%88 Am 0 0 c�' § Z "X 0 - A— CO-4 ..... -nNor mz NC)o....... ocn0-0 160'.. 15 070 C o -n Z O -S _..A N amD X p 1-1 0 I< /x vo \\ ..0 n Z N o Z 1I G) �.�I i o m x �flvL 0 o 0 Z 0 mz O mz m D O(n c�DAw0 w�zEn rnrn �x N—C700 n,rnmo n�io x r am: wZ m�0 .........----- cn o 16 0' A� ib v O9 AO "Q'! -A n�'0 0 p <1 z - o WEST LINE OF LOT 26-A Z D C M� r mz* iD-4O ,,, z m Y rl Z� O mz'� cDr,O 0 rnrn CD co O A N CIv O N410 NV Nmp Af0 mN p•AAANm "rN l o GC�f QN,JD ...41 z�0A ... c�V. C1, > c D V `? J is C/) j,l A o m a EAST LINE OF LOT 26-A <m m� z b� c 4 �•' d � tey O �d> z t7l td o Z O n z *v--i=cn Zi cz m c M m O O Z O n mmm�� 0w0�� 00UmDD v �m�=.. c/) 0 -- cn 0 Z!0 z O o D 0D 0 cn r 7, Cn OOD� z c< c <E2 A �D m „ rn- WALK f � �rE7--�vvv�vvOZZZzz�rr-�tm oo� m 0zn�vvvvvvozzzzzKrrp„m x ocmm Dmxr„DOO�O c�Zmzm N z r.zK.�v�G)XoDT���r-i m z- Z 0 m IOm�mDm-Io ZG)�cnG G7 m � �2 ;10 zgn 9z>> gOmo n00 M-<r- �O mommnO�W �rZ z nm�z 9 c O z TW x-�D m z z� z r me WnmD cn nz <�-� � 54c, � oomc �O K� o�g Z C m 1-0 C m A Wmom m � D cn o=rd X�0� ch 0 > O�m�J -' a v �0m0 mXG) O r- m o O 0 Z N Z _D W TI W r D � 2 -4 n D 0 00 m� O G-) n m: m X O to Z cn 0Zcf)Z 0o G7 cn 00 D 0O C D r � -< WO �it _ C v,cnZ �zo> =ocn< =ort� cnm�� 00 X = m 0 0 M . v o0a= Zmm m O NOZ-T:) �0cn m tiJ c u� O� �., p DD- 21 -J 1 H - GHL DING +D SEA 1 EMRTMLN 6250 N. MILITARY TRAIL t f SUITE 102 sr 9SPECIFIC PURPOSE'DOCK LOCATION" SURVEY OF ,�� { WEST PALM BEACH, FL 33407 N = DOCK #5 OF 2727 SOUTH OCEAN BOULEVARD "'''ASS www.compasssurveying.net c2 HIGHLAND BEACH, FL. 33487 ,. 31 PREPARED FOR \SURVEYING 101.00EAN ONE MARINE, INC. LB. 7463 ' PHONE: 561.640.4800 FAX: 561.640.0576 � c D G z t G) t r C cn Z � or 0 = m m _'_ Z f s mF r m �o N m ;o ,z ''0 o m i C) 7 m z m' Z1 mm Ln 000 m0� W O cn 00 -n rn mm O r- O O m O n�!; D O ZO n o r N 0 to cn -a o r -n m O ?<�co m CD 0 to z (o m z D c m 4 CO X N EDGE OF CHANEL SCALE:1"=20' � ii wInIt -n MTERCOASTAL WATERWAY m 0 O m 0 n 0 2 co 0 n D m zC'm 0o 0op z ;a mzC wn)00m rnrnAA :L7Z 0) X Oo CIO N -- C) 0 D N�o -t�,, - zcj) &Vmm p- 6z -v Om co c�D7 pN Z1, oOo mb <J- ZO ro- C-)00 0 (O a fZn O lv C7)X 0 N O Z7 D 0 r� D o��p zrN Z rn H M-no cn O mzC G) iD c .......D m z o t^„ 0 0v o 16.0' ) 16.0' i0 O n a z m �O,o .ra - '�,p v N o k'; �o rn 9��s I �,B�Op �{ nQ'ia'n0p z r- o WEST LINE OF LOT 26 A ncn �'iAii m ,m z .2 z O N N O , m N aar _...x ... ro111 8N Y D Urn9D mm -i .. � m � ,m z•� �0 C m0 C)gX i�Y?�NN 00 Arm 9 ��.�_,Rr�mZ N _'. - t _..-4 A z.. 2v , cVo �B. c) V G) iq cn jf1 A N EAST LINE OF LOT 26•A ...«..... .. ,x ,� 5 WALK EDGE OF ASPHALT x��l--:..,.. d x ZSOUTH OCEAN_ Bp UL_E_ VARD N o 100 `RIGHT OF WAY IMPR ( OVER) -- z v �, G) -a --A _ m-iI,cmA 0>DD;�m f � �rE?-�vvvvv�Ozzzzz��r--nm 3 m<<o cn 0 7 CZ17 D 0 0 m� c 0 m 0 z C�-I�v�v�vozzz zzKrr 0-nm L O c mm DrnX,>oog0 c�zmzm N z63--A-0 Q�O�:,��xr-i�mOz�n< -0 �J f�J, z= y to m o c) m --A C)O��fw�Nz 1=isD z m � Oro �zm zs o0xms„m_, ~ Cm) D �O KK C)Ocoo Doz Z O C cn K -< z n a, 0 m A D z0 ;a m m� m �p -Az nmmmm 9 c �0 m cn O O t] �� r�, p U)M w cn D zz -n ;00> z zw �� me O ►-� m -, o_ms O z z O o ��zz cn z r z< O<�-DI L7 O �% z m7, z z z o m oo Cm)C77� o �ooD 0 G O -< 3Do -_+ o Ozz �OT m o D m KK Dc zD (n�� c < u m ^� Gn D m v r c�om0m cr, o=r— Xm0 ch C) > O ?' m z T cn D cn n 2 C) m X G)Z = Q O C) Z N 9" z _D W -n co X r- D 0 D D n G7 0 m� O G-) -4 =0 m m 0 _ m cn zc=in 0 Z CA z cn 0 DD r -< 0 _ C CTI N Z =I z d > = o U a=0� rnm:�E� 0X=m 0 0 m a)00= Zmc�m D o � -u 0c,f `Qi9 HIG�L ND B ACH BIJILDIPG DEf A TME.NT Q,wiml:: lin';) 1 A 6250 N. MILITARY TRAIL E F 11 . SUITE 102 P SPECIFIC PURPOSE "DOCK LOCATION" SURVEY OF WEST PALM BEACH, FL 33407 0 DOCK #5 OF 2727 SOUTH OCEAN BOULEVARD AS S www.compasssurveying.net HIGHLAND BEACH, FL. 33487 j t SURVEYING o PREPARED FOR OCEAN ONE MARINE, INC. LB. 7463 .7463 PHONE:561.640.4800 FAX:561.640.0576 10/9/2019 PAPA Maps DOROTHYJACKS - CFA AAS Palm Beach County Property Appraiser �"trer*t� W. , .,tiuf fho,' 4 r C' Proposal and Contract tD��Imffl OCEANONEMARINE OCT 15 2019 0,0M QA e rdAr wil- qo OW3 - Proposal y ENr Date: April 1, 2019 Customer: Dave Drettmann and Joe Gallitto (jointly referred to as "Customer") 2727 S Ocean Blvd Highland Beach, FL Contractor: Ocean One Marine, Inc. ("Contractor") License Number CGC-009202 Job: Pier Extension. Add approximately 4'x20' to existing pier including (4) dock pilings. Installation of dock framing and decking to match existing wood framing and composite decking. Sale and installation of (2) DECO 20K Boat Lifts, including Wireless Remote, Limit Switch, Direct Drive Gearbox and Stainless -Steel Motors, piling mount. Includes freight, tax and installation Pricing: Pier Extension $ 3,200.00 Dock Pilings $ 4,000.00 Deco Boat Lifts $ 44,476.00 Total $ 51,676.00 Commencement: To commence the process please sign and return a copy of this Proposal and Contract and return with any required deposits and or payments. 1330 S Killian Drive, No 2, West Palm Beach, FL 33462 1 Tel: 561.846.0048 NOTE: ALL WORK TO BE COMPLETED IN A TIMELY MANNER USING INDUSTRY STANDARD METHOD3AND PRACTICES. CONTRACTOR IS NOT LIABLE FOR ANY DELAYS DUE TO WEATHER OR ACTS OF OTHERS, INCLUDING NECESSARY SUB -CONTRACTORS. ANY CHANGES OR ADDITIONS, WHETHER ORAL OR WRITTEN SHALL INCLUDE ADDITIONAL COST(S) ADJUSTMENTS. A DEPOSIT(S), OR PAYMENT(S), IS/ARE REQUIRED UPON ACCEPTANCE OF PROPOSAL, OR FROM TIME TO TIME, TO COVER MATERIAL COSTS AND OTHER EXPENSES. ALL PERMITTING, AND ELECTRICAL WORK REQUIRED OR REQUESTED WILL BE MANAGED BY CONTRACTOR, UNLESS OTHERWISE AGREED. PRICE DOES NOT INCLUDE DOCK ACCESSORIES, SUCH AS LADDERS, CLEATS, BUMPERS, ETC., UNLESS SPECIFIED. ALL ENGINEERING, PLANS, PERMITS, PILE LOGS AND ASSOCIATED COSTS APPLIED OR OBTAINED BY CONTRACTOR WILL BE BILLED TO, AND PAID FOR, BY CUSTOMER AS AN ADDITIONAL EXPENSE. PUNCHING OF ROCK FOR PILING INSTALLATIONS, IF NECESSARY, WILL BE BILLED AT AN ADDITIONAL COST OF $S00 PER PILING. CONTRACTOR IS NOT RESPONSIBLE FOR DREDGING WHICH MAY BE REQUIRED FOR USE OF A BOAT LIFT OR BOAT SLIP. STANDBY TIME, WHEN A BARGE AND CREW HAVE BEEN STOPPED DUE TO CHANGES BY THE CUSTOMER, IF ENDURED, IS $550.00/HOUR AND WILL BE BILLED ADDITIONALLY TO THE CUSTOMER. BACKFILLING, IF NECESSARY, WILL BE FURNISHED AT $150.00 PER CUBIC YARD. IF PERMITTING REQUIRES RIP RAP TO BE PLACED AT THE TOE OF THE SEAWALL, AN ADDITIONAL COST OF $155.00/TON WILL BE BILLED TO THE CUSTOMER. IF PUNCHING OF ROCK IS NECESSARY TO EXCAVATE OR DREDGE, AN ADDITIONAL CHARGE OF $550.00/HOUR FOR PUNCHING TIME WILL BE BILLED TO THE CUSTOMER. CONTRACTOR IS NOT RESPONSIBLE FOR ANY ADDITIONAL COST WHICH MAY BE RELATED TO DISPOSAL OF ANY CONTAMINATED MATERIAL THAT MAY BE REMOVED FROM THE JOB SITE. CONTRACTOR IS NOT RESPONSIBLE FOR POOL OR PATIO DAMAGE DUE TO VIBRATION OR UNDERMINING DURING CONSTRUCTION. FAILURE TO PAY FOR JOB IN FULL SHALL RESULT IN LOSS OF WARRANTY, INTER ALIA. THIS PROPOSAL SHALL BE DEEMED VOID IF NOT ACCEPTED WITHIN 30 DAYS. ALL PERMITTING IS THE RESPONSIBILITY OF THE CUSTOMER AND CUSTOMER SHALL BEAR ALL COSTS WHATSOEVER DUE TO PERMIT OR ANY OTHER REGULATORY VIOLATIONS. FLORIDA REQUIRED NOTICE TO PROPERTY OWNER: ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. Page 2 of 3 �fT- Contract This Contract ("Contract") is entered into by and between Customer and Contractor. Whereas, Customer is seeking work to be performed by Contractor and Contractor is willing to perform work for Customer as provided in this Contract. Now, therefore, in consideration of the provisions and covenants contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Proposal. The above Proposal ("Proposal") is accepted by Customer and Contractor, and is hereby incorporated into, and made a part of, this Contract. The provisions contained in this Contract shall supersede any conflicting provisions contained in the Proposal. 2. Payment. Full payment or an initial deposit, as indicated in the Proposal, is required to commence the project. Additional deposit(s), payment(s) and/or draw(s), if so indicated in the Proposal, are due as indicated in the Proposal. Any costs for work or items added to the job as agreed by the parties that are not included in the Proposal shall be immediately due and payable. 3. Exclusions. The following additional items ("Adds"), inter alia, are specifically excluded in the Proposal and Contract, unless otherwise provided herein: a. Permit issuance costs (any charge for permitting in the Proposal is strictly for processing); b. Surveys and/or engineered drawings - sealed or otherwise; c. Home Owner Association approvals; d. Plumbing service and/or installation; e. Electrical service and/or installation; f. Dredging, backfill, demolition, vibration monitoring, piling logs, sod, sprinklers or underground utilities; g. Any work related to patios, sidewalks, landscaping, fences or rails. Customer shall be solely responsible for the above excluded items unless otherwise agreed in writing by the parties. 4. Design, Drawing and Permitting. All work that requires a permit is subject to approval by applicable federal, state and local government agencies. Customer shall indemnify Contractor for any and all costs or other liabilities associated with a job permit, or lack thereof, including but not limited to submission fees, issuance fees, surveys, drawings, delay or shut down costs, and fines. 5. Mobilization. In order to commence project, access to the property, dock, boat lift and/or sea wall ("Job Site") is required for delivery of building materials, installation and/or repair work. Contractor shall have unrestricted access to Job Site from the hours of 7:00 AM until 7:00 PM from Mondays through Saturdays. 6. Disclosures and Other Conditions: a. All materials are guaranteed to be as specified and the above work to be performed in accordance with the drawings and specifications submitted. Changes in government regulations and/or requirements that require additional or alternative materials will result in an adjustment in this Contract. b. Contractor shall use its' best efforts, subject to the timeliness of required sub -contractors not under the control of Contractor, to commence the work before the later of 30 days from the date hereof or from permit issuance. c. If rock or other obstacles or conditions unknown to the Contractor are encountered, this Contract may be deemed null and void at the sole discretion of Contractor, with any non -used monies paid by Customer being returned. d. Any alterations or deviations from the above specifications that involve extra cost will be executed by a written change order. However, if the pace of work so dictates, a verbal change order by the Customer may be executed. The Customer will be responsible for any extra charge(s) over and above the proposal amount. e. This Contract is subject to weather, strikes, accidents, acts of God, or delays beyond Contractor's control. f. In case payment is not made as specified, a service charge of 1.5% per month on the past due balance shall be added to the amount due. g. In the event it becomes necessary to place the account with an attorney for collection, customer agrees to pay all costs of collection including attorneys fees. 7. FLORIDA HOMEOWNER'S CONSTRUCTION RECOVERY FUND. PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND I FYOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIEC VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR.FOR INFORMATION ABOUTTHE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CILB, 1940 N. MONROE ST., TALLAHASSEE, FL 32399, 859-487- 1396. IN WITNESS WHEREOF, this Contract has been executed and entered jlao as o t ` y and year first above written. Ocean One Marin nc. - Contractor Joe a,t B. ott, President D "v rettmann, Customer Page 3 of 3 �QunIoPMalit ord,� -aOs DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FL 33410 August 16, 2019 REPLY TO ATTENTION OF Regulatory Division South Permits Branch Palm Beach Gardens Permits Section SAJ-2019-01544(RG P-J KA) Joe Gallitto 2727 South Ocean Boulevard, Unit 405 Highland Beach, Florida 33487 Dear Mr. Gallitto: LIZ�uf`�L�al1 0CT 15 2919 HIGHLAND BEACH BUILDING DEPARTMENT Your application for a Department of the Army permit received on April 26, 2019, has been assigned number SAJ-2019-01544. A review of the information and drawings provided shows the proposed work is to construct a 14.55 foot long by 5 foot wide dock extension to the existing finger pier #5 at the Villa Magna multi -family residential docking facility and install two boatlifts, one within Slip # 5A and one in Slip #513. The project would affect waters of the United States associated with Intracoastal Waterway at 2727 South Ocean Boulevard, Unit 405, Section 9, Township 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on "Source Book"; and, then click on "General Permits". Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project -specific conditions noted below, or you may be subject to enforcement action. The following project -specific conditions are included with this authorization: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address: -2- a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410. b. For electronic mail SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2019-01544 (GP-JKA), on all submittals. 2. Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way for an identified Federal project and would require 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. Failure to obtain the Consent to Easement or waiver invalidates this authorization. The Real Estate Division is responsible for issuing the Consent to Easement. Contact with Real Estate for questions or status updates can done at Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-570-4514. 3. 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 complete the enclosed As -Built Certification Form (Attachment 2) to the Corps. The drawings shall be signed and sealed by a Florida registered professional engineer or a professional land surveyor registered in the state of Florida confirming the actual location of all authorized work/structures with respect to the Federal channel and within the Federal easement 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�/2-inch by 11-inch). The drawings shall include the X-Y State Plane coordination points of the most waterward point of the structure. The drawings shall include the dimensions of the structure, depth of water (at mean low water) at the waterward end of the structure, and the distance from the waterward end of the structure to the near design edge of the Federal channel. b. List any deviations between the work authorized by this permit and the work as constructed. In the event the completed work deviates, in any manner, from the authorized work, describe on the As -Built Certification -3- Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the asbuilt 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 do not constitute approval of any deviations by the Corps. c. The Department of the Army Permit number. 4. Assurance of Navigation and Maintenance: 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. Notice of Permit: The Permittee shall complete and record the enclosed Notice of Department of the Army Permit (Attachment 3) with the Clerk of the Circuit Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. Within 90 days from the effective date of this permit the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded and the date of recording. 6. Federal Channel Setback: The most waterward edge authorized project shall be constructed no more than 79.0 feet from the near edge of the federal channel as shown in Attachment 1. 7. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work — 2011" (Attachment 4). 8. Project Design Criteria (PDCs) for In -Water Activities: The Permittee shall comply with National Marine Fisheries Service's "PDCs for In -Water Activities" dated November 20, 2017 (Attachment 5). 9. Daylight Hours: All activities must be completed during daylight hours. In 10. Construction Location: Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel -washing is prohibited. 11. Educational Signs: signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook -and -line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (http://sero.nmfs.noaa.gov/r)rotected resources/section 7/protected species ed ucational signs/index.html). The signs required to be posted by area are stated below: • All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. 12. Monofilament Recycling Bins: monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: • Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. • Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow. 13. Cultural Resources: 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 and ground - disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the -5- appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and 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 for finds under his or her jurisdiction, and from 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 and ground disturbing activities within a 100- meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). 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 and from the Corps. This 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 NWP/RGP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state- owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. You should check State -permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This 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 002 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/wildlife/) 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.org/) also maintains updated lists, by county, of documented occurrences of those species. This 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. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP and RGP, please contact Jerilyn Ashworth by telephone at 561-472-3516. 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 complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. l Enclosures Copies Furnished: Sincerely, Jerilyn Ashworth Project Manager -2- John Dykinga, john(cr�oceanonemarine.com CESAJ-RD-PE GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on the dates identified in the letter. 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 or 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 THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2019-01544(RGP-JKA) 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. 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LB. 7461 PHONE: 561.640.4800 FAX: 561.640.0576 C) IT C U10 � tj 0 w01>-ifU!'' Z D D ^7' �y� �� ��- pfTlDnm dDtjp�tj O r- m 0 I-1 b O3fUC)z:Kr-F r nrv�mD(-) 0 W Q Z M w Ln -A m t)J m 7C � 3 H Ti + rl m N -q (� Z7 lid zJ Vl H D 1��I -D�7f ZZ7M Z-T1mZD�G) C -J O w 0 D D n o CDonn�or z`''� mX.�t�z F- W rd-9 t:dr Gl^D Zp(��Dm F, Z � Z w Z Z #r7 d�z ZamEl C .. D� D r r � NJ n m Z Dr MnCd �Qtjm w Vi�X H �QDMD mn0 m cnZco N ��7 maw C C7D mZ 0 =C U m = Dm m-9 D 1 �', - N m tj -I X Z d�-� 1-iL7 z am z�rj m mmz Z -I D X Z o=Z 1, m0Z ° n>� = Z r W � y m r r<O 0 MIN. 8 FEET OF VARIES -� 3'-6" -{ PENETRATION (9 FEET MAX) 0 D_. _._ .. _.- _ .... _. _ .. _ - - - s m BE - Z i}S m O D � w C7 i� O 0 ( k cn z o n 4 O Tip m N X N Zu n ��m =m Q, Z T ��m ^' �� 0 � mD D?co x Dy m �7� rm= o =z -I �m M D = m r � m Z oo� Z �,�, m U) cn -i -i UD O m m o D O > > Z Q M Dz� O O= D O z m m w O m c� ATTACHMENT 2 AJ-2 1 -01 ).4 AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as -built engineering drawings to the U. S. Army Corps of Engineers, Enforcement Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL, 33410. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3131. 1. Department of the Army Permit Number: SAJ-2019-01544(GP-JKA) 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 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 C ity State ZIP (Affix Seal) Date Telephone Number -2- Date Work Started: Date Work Completed: Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): Prepared by: Permittee: Address- Phone - NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE the United States Army Corps of Engineers (Corps) has issued a permit or verification SAJ-2019-01544 to Joe Gallitto (Permittee) on August 16, 2019, authorizing work in navigable waters of the United States in accordance with Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.0 403) on a parcel of land known as Folio/Parcel ID: 24-43-47-09-51-000-0000 located at 2727 South Ocean Boulevard, Unit 405, Section 9, Township 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida. Within 30 days of any transfer of interest or control of said property, the Permittee must notify the Corps in writing of the property transfer by submitting the completed permit transfer page included with the issued permit or verification. The subject permit or verification concerns only that portion of the property determined to fall within the jurisdiction of the Corps and this notice is applicable only to those portions of the subject property in, over, under, or affecting navigable waters of the United States. Conditions of the Perm it/Verification: The permit or verification is subject to General Conditions and Special Conditions which may affect the use of the work authorized in Intracoastal Waterway. Accordingly, interested parties should closely examine the entire permit or verification, all associated applications, and any subsequent modifications. To obtain a copy of the authorization in its entirety submit a written request to.- U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019 Questions regarding compliance with these conditions should be directed to: U.S. Army Corps of Engineers Enforcement Section Post Office Box 4970 Jacksonville, Florida 32232-0019 Conflict Between Notice and Permit This Notice of Authorization is not a complete summary of the issued permit or verification. Provisions in this Notice of Permit shall not be used in interpreting the permit or verification provisions. In the event of conflict between this Notice of Permit and the permit or verification, the permit or verification shall control. This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the Corps. This Notice of Authorization is executed on this day of This document is being submitted for recordation in the Public Records of Palm Beach County, Florida as part of the requirement imposed by the authorization SAJ-2019-01544 issued by Corps. Permittee: Address: Phone: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or has produced (seal) My Commission Expires as identification. Notary Public Print ATTACHMENT ., SAJ-20-O'"1544 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 I mperiledSpecies(a)-myFWC.com 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 1/2" 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. ATTACHMENT 5: SAJ-201 -t `i �44. U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In -Water Activities November 20, 2017 1) (AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on -site project personnel are responsible for observing water -related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA -listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero nmfs tioaa qov/protected resources/section 7/threatened endangered/in dex.html 2) (AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1- 877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. 3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a) Construction Equipment: i) All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in -water operations will cease until weather conditions improve and detection is again feasible. b) All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www fisheries.noaa.gov/pr/shipstrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow - riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species' entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA -listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson's seagrass (Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. 5) (APA 1.) Entanglement: All turbidity curtains and other in -water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. a) In -water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non -looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in - water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in -water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area. 10/9/2019 Gmail - FDEP ERP Self -Certification Rec e ai John Dykinga <johndykinga@gmail.com> k*T FDEP ERP Se*-Certif�icaqtifn Receipt 1 message no-reply@dep.state.fl.us <no-reply@dep.state.fl.us> Wed, Jul 3, 2019 at 11:02 AM To: johndykinga@gmail.com Cc: SPGP@usace.army.mil, ERP.SELFCERTS@dep.state.fl.us, NMFS.SER.PROGRAMMATICREVIEW@noaa.gov, FDEP- SP@usace.army.mil DEP Logo FLORIDA DEPARTMENT OF Ron Desantis f Environmental Protection Governor Jeanette Nunez Bob Martinez Center 2600 Blair Stone Road Lt. Governor Tallahassee, Florida 32399-2400 Noah Valenstein I Secretary I Receipt for Submission I 1 SELF -CERTIFICATION FOR A PROJECT AT A PRIVATE, RESIDENTIAL SINGLE-FAMILY 07/03/2019 d Self -Certification File No.: 0377854001 EE l File Name: 2727 S Ocean Blvd Highland Beach, FL 33487 - Self -Certification Modify With Boat Lift (General) Dear John Dykinga: On 07/03/2019 you used the Florida Department of Environmental Protection's electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State Programmatic General Permit (SPGP) Self Certification Process for a project at private, single-family residence located at: LAT - Degrees: 26 Minutes: 25 Seconds: 29.9119 �� L� l Degrees. - LONG - 80 Minutes: Seconds: SITE ADDRESS: 2727 S Ocean Blvd highland Beach, FL 33487 COUNTY: Palm Beach OCT 1 5 2019 For: HIGHLAND BEACH Joesph Gallitto BUILDING DEPARTMEN 12727 S Ocean Blvd Boca Raton, FL 33487 1 You have certified that the project you propose to construct at the above location meets all the conditions of the Self - Certification Process. A project that is built in conformance to those conditions (attached for reference) will: 1. Qualify for a regulatory exemption under Section 403.813(1)(b) of the Florida Statutes (F.S.) and Chapter 62- 330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain a DEP Environmental Resource Permit.; 2. Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and Chapter 18-21, F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the project is located on submerged lands owned by the State of Florida. f https://mai1.google.com/mail/u/0?ik=a7d051fb74&view=pt&search=all&permthid=thread-f%3A 1638050397167979806%7Cmsg-f%3A 1638050518081824973&sim... 1 /2 10/9/2019 Gmail - FDEP ERP Self -Certification Receipt Your Self -Certification is based solely on the information you provided under this process, and applies only to the statutes and rules in effect when your certification was completed. The certification is effective only for the specific project proposed, and only if the project is constructed, operated, and maintained in conformance with all the terms, conditions, and limitations stated in the Self -Certification Process. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. You have acknowledged that this Self Certification will automatically expire if: 1. Construction of the project is not completed within one year from the self -certification date; 2. site conditions materially change; 3. the terms, conditions, and limitations of the Self Certification are not followed; or 4. the governing statutes or rules are amended before construction of the project. Completion of the Self Certification constitutes your authorization for Department or Corps personnel to enter the property for purposes of inspecting for compliance. Receipt of this Self -Certification constitutes authorization to use sovereignty/state-owned submerged lands, as required by rule 18-21.005, F.A.C. The authorization must be visibly posted during all construction activities. In waters that are accessible to manatees, obtain information on your mandatory Manatee Protection sign by clicking here. FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP) Your project does not qualify for Federal Authorization under the State Programmatic General Permit. In addition to the Self -Certification process, you need to apply for federal authorization. Please contact the U.S. Army Corps of Engineers at http://www.saj.usace.army.mil/Missions/Regulatory.aspx for further information about how to receive authorization in order to proceed with your project. ADDITIONAL INFORMATION This Self -Certification Process does not relieve you from the responsibility of obtaining other permits or authorizations from other agencies (federal, state, Water Management District, or local) that may be required for the project. Failure to obtain all applicable authorizations prior to construction of the project may result in enforcement. If you have any problems with the attached documents, please call the ERP Coordinator at (850) 245-8495 or by e- mailing us at ERP—eApps a@dep.state.fl.us. Sincerely, Florida Department of Environmental Protection Attachments: FDEP Terms and Conditions Customer Survey 2 attachments 38365922cfa07feb91237167c3d5b910.pdf 50K noname 50K https://mail .google.com/mail/u/0?ik=a7dO5lfb74&view=pt&search=all&permthid=thread-f%3A 1638050397167979806%7Cmsg-f%3A 1638050518081824973&sim... 2/2 `qP pEPART,�� Q FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 TERMS AND CONDITIONS Self Certification File No.: 0377854001EE Construction Conditions: Ron DeSantis Governor Jeanette Nunez Lt. Governor Noah Valenstein Secretary Private residential single family docks are subject to the following criteria in accordance with Section 403.813(1)(b), F.S. The dock to be constructed: 1. Has 1,000 square feet or less over water surface (includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; 2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard;. 4. Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; 5. Is the sole dock on the parcel; and 6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. Boat lifts are subject to the following additional conditions: 1. Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock; 2. With other mooring will not result in the mooring of more than two vessels (including jet skis); 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; 4. Will not be located in areas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the applicant and are enforceable under Chapters 253, F.S. or 258, F.S. 1. Sovereignty/state-owned submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund (Board). 2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. 3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. 4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. 5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C.; 6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. 10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/state-owned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. 12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 13. All costs incurred by the Board in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board in writing of any change of address at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. Manatee Conditions: The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. 2. All vessels associated with the construction project will 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. 3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 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. 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. 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. 6. Temporary signs concerning manatees will 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2" 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. Self -Certification Requirements: The user agrees to the following: 1. The information provided herein is true and accurate. 2. Construction of the project must be completed within one year from the self -certification date. If the project cannot be completed within that time frame, or the project is to be modified, the Department must be contacted for authorization requirements. 3. Any substantial modifications in the plans for this project must be submitted to the Department for review, as changes may result in a permit being required. 4. This self -certification will automatically expire if site conditions materially change; if the terms, conditions, and limitations of the self -certification are not followed; or if the governing statutes or rules are amended before the project is completed. 5. Department personnel will be allowed to enter the property for purposes of inspecting the project for compliance with the terms and conditions of this self -certification. O� �1GHL,gtiO 3z �� o Y 1949 '20RIOP Building Department 3614 South Ocean Blvd. Receipt Number: RCPT2019-1214 Highland Beach, FI 33487 561-278-4540 Payer/Payee: JOSEPH GALITTO 2727 S. OCEAN BLVD 405 HIGHLAND BEACH FL 00000 Cashier: Carol Holland Date: 10/25/2019 Fee Description Fee Amount Amount Paid Fee Balance Planning Board Fee $1,500.00 $1,500.00 $0.00 ATTORNEY CONSULTATION FEE $500.00 $500.00 $0.00 ENGINEERING REVIEW FEE $500.00 $500.00 $0.00 $2,500.00 $2,500.00 $0.00 CHECK 2734 Total Paid: $2,500.00 $2,500.00 Printed 10/25/2019 14:29:00 by Carol Page 1 of 1 SUN-SENTINEL TOWN OF HIGHLAND BEACH PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the Plan- ning Board of the Town of Highland Beach will conduct a public hearing on Thursday. December 12..2019 at 9:30 AM in the Commission Chambers at Town Hall. 3614 South Ocean Boulevard:Highland Beach,.Florida to consider the following application: APPLICATION NO. 19-0003-CONSIDER- ATION FOR APPROVAL TO EXTEND A 19'8' DOCK BY 14'55'FOR ATOTAL OF 34'35" AND INSTALL TWO(2)2Q000 LB BOAT- LIFTS ON DOCK#5 IN THE VILLA MAGNA DEVELOPMENT LOCATED AT 2727 SOUTH OCEAN BOULEVARD. APPLICANT:JOHN DYKINGA.OCEAN ONE MARINE The application is available for inspection in the Town Clerks Office at Town Hall,. Monday through Friday during normal business hours of 8:30 a.m.to 4:30 p.m. Any person that decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting.Such pei sun Will need to ensure that averbatim record of the proceeding is made;which includes the testimony and el.idence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act:persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk's Office at(561)278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired;please con- tact the Florida Relay Service at 1-800- 955-8770 or 1-800-955-8771. For additional information; please contact the Town Planner at(561)637-2012. TOWN OF HIGHLAND BEACH,. BUILDING DEPARTMENT 1210219 6516166 Order#-6516166 Town of Highland Beach Town Commission Development Order Application No. 19-0003 Applicant: Property Address: John Dykinga, Ocean One Marine 2727 South Ocean Blvd. Highland Beach, Florida 33487 CERTIFICATE OF MAILING I hereby certify that the Town Clerk's Office mailed a copy of the Notice of Public Hearing (Exhibit A) for Application No. 19-0003 for the property located at 227 South Ocean Blvd., Highland Beach, Florida 33487, by U.S. first class and international mail to: All property owners and to properties owned by, a condominium association president and the association's registered agent within 500 feet of the property located at 227 South Ocean Blvd., Highland Beach, Florida 33487. The mailings consisted of 175 notices that were sent first class mail and 11 notices that were sent international mail. This 27 day of November 2019. Highland Beach Town Clerk's Office ���Wi+ Deputy Town Clerk PUBLIC NOTICE APPLICATION NO. 19-0003 500 Ft Public Notification Boundary November 27, 2019 Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, December 12, 2019 at 9:30 AM in the Commission Chambers at Town Hall, 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY JOHN DYKINGA, OCEAN ONE MARINE, FOR APPROVAL TO EXTEND A 19’8” DOCK BY 14’55’ FOR A TOTAL OF 34’35” AND INSTALL TWO (2) 20,000 LB BOATLIFTS ON DOCK #5 IN THE VILLA MAGNA DEVELOPMENT LOCATED AT 2727 SOUTH OCEAN BOULEVARD. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Any person that decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record of the proceeding is made, which includes the testimony and evidence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 637-2012. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Other Related Documentation for Development Approval Application # 19-0003 Property: 2727 S. Ocean Blvd. 'DQuelooNont o rdA, 4 /9•0043 DATE 0110712018 - 9. r ii NOTES/REVISIONS Changed FBC Note Plan View Scale: 3/8" = 1'-0" NOT VALID UNLESS SIGNED WITH ORIGINAL ENGINEER'S SIGNATURE AND AISED EMBOSSED SEAL MARK E. WEBER, P.E. LICENSE #53895 1 CA 30702 OCT 15 2019 HIGHLAND BEACH BUILDING DEPARTMENT General Notes: • Design in accordance with Florida Building Code, 6th Edition (2017). 0 This lifting structure has been' designed to withstand wind loads associated with speeds of V (ult) = 180 MPH, (3 Second Gust) Exposure 'D' without a boat on the lift per ASCE 7-10 using above ground sign/wall method. The lifting structure including boat has been designed to withstand wind speeds of V (ult) = 73 MPH in Exposure V. • Boats shall not be stored on lift during high wind events. • Do not scale drawings for dimensions. • Licensed Contractor to verify location of existing utilities prior to commencing work. • The Licensed contractor to install and remove all shoring and bracing as required for the proper installation of the work. Licensed Contractor to obtain all permits as necessary from all Local, State, and Federal agencies. • Aluminum: Material 6061 T6 Aluminum, all welds are min. J" full. fillet weld using 555.6 filler . alloy, all welding must conform to AiSC steel construction manual 14th ED as inspected and verified by others. The contractor is responsible to insulate aluminum members from dissimilar metals to present electrolysis. • Aluminum members in contact with concrete and wood shall be protected by "Koppers Bituminous Paint" or Polyethylene Tape UHMW (ultra high molecular weight). 11.7 mils (0.30 mm) min. total thickness in accordance with current Florida Building Code. • All anchors to be Hilti Brand or Approved Equal. All bolts shall be hot dipped galvanized or stainless steel & meet the requirements of ASTM A304 with hardened washers and hex nuts. Washers shall be usgd between wood & bolt head & between wood & nut. Where generic fasteners are labeled in details, capacities shall be equal to or greater than Hilti Kwik Bolt Il or Red Head thru bolts SAE Grade 5 or better. Embedment depths specified herein are depths into solid substrate and do not included thickness of other finishes. • MW Engineering has no control of, the manufacturing, performance or installation of this product. These generic plans were engineered in accordance with accepted engineering practices and data provided by the manufacturer. Piles shall be driven to refusal and sufficiently penetrated into sand or rock strata to support lift capacity, weight and loads. • Each pile to carry commensurate load I.E. 1/4th lift capacity for 4—post lift (Factor of Safety of 1.5) 0 Allowable minimum compression pile capacity of 5 tons. 0 The contractor of record shall verify pile type, installation and driving in compliance with FBC 6th ED (2017) • Sub —surface conditions can vary greatly. MW, ENGINEERING, INC 902 NE 1 Street Suite #2 Pompano Beach, Florida 33060 Ofc: 754-333-0877 WWW. MwEngineering.net Proposed 4 - Post Boat Lifts NEPTUNE BOAT LIFTS 4,500 Ib 228 SW 21 Terrace to Fort Lauderdale, Florida 33312 24,000 I b Phone: 954-524-3616 Fax: 954-524-3604 SCALE: 32 DAM 05.12,2015 DRAWN BY: WRT CHECKED BY: WM JOB No: Elevator 32.dwg Sheet 1 of 3 .- x July 3, 2019 RE: Dock Approval Dear Mr. David Drettmann: f -1 OCT 15 2019 HIGHLAND BEACH BUILDING L7`PA TMEN"l- This letter from the Villa Magna Condominium Association, Inc. (PCN 24-43-46-28-51-000-0503) will serve as your approval to extend finger pier #5 and install two (2) boat lifts per the plans by MCR Professional Engineering, Inc., dated June 13, 2019. Compliance and adherence with all permits, rules and regulations is a condition upon which this approval is granted. Sincerely, �f •ter John Sims General Manager CC: Unit File 503 John Dykinga Monica Albano 2727 South Ocean Boulevard, Highland Beach, FL 33487 (561) 272-1576 Fax (561) 274-4858 villamagna@comcast.net