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Land Development and Planning Project Files_1006 Grand Ct._20170219_Application No. 39412 pF� NO I :co o. n r !R -i FzoR�o • TRANSMITTAL FORM REPORT OF REVIEW& REQUESTED ACTION BY PLANNING BOARD To: Kenneth Bauer, Building Official Date: February 9,2017 Application No. 39412 Applicant/Owner: 1006 Grand Court LLC Property Address: 1006 Grant Court, Highland Beach, FL 33487 Property Control Number: 24-43-47-09-00-002-0090 REVIEW GIVEN TO SUBJECT PROPERTY El Preliminary Review: [Si Final Review: Application No.39412 -Installation of a 40,000 lb.,8 post platform boatlift at 1006 Grand Court,Highland Beach, Florida ❑ Amended Site Plan Review ❑ Other: THE PLANNING BOARD HAS REVIEWED THE ABOVE MA 1"l'ER PER THE REQUEST OF THE BUILDING OFFICIAL DATED December 7, 2016, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: ❑ Denied ® Recommendation to Approve based on plans dated November 1, 2016 from B &M Marine Construction Inc. ❑ Approved with Modifications (as noted): ❑ Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MA F1'E: .e., ISS r PERMIT, TRANSMIT TO TOWN COMMISSION,RETURN TO APPLI r STT, ET i! / .,� %, '� I , is / / �� � . _ 's Reidenbe g, hair V i IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS,PLEASE NOTE THE BOARD'S FINDINGS: At its February 8, 2017 Planning Board Meeting, Member Shane made a motion to approve Application No. 39412. The motion was seconded by Member Lewis,which passed on a 5-0 vote. CLERK'S OFFICE USE ONLY: Reviewed by Planning Board: February 8, 2017 Transmitted to Building Official:February 10,2017 NIGHig4HIGHLAND BEACH BUILDING DEPARTMENT • p�;Coltn 3614 S. Ocean Boulevard r� . Highland Beach, FL 33487 PLANNING BOARD Pc0ROs Ph: (561) 278-4548 STAFF REPORT DATE: January 31, 2017 TO: Planning Board MEETING OF: February 8, 2017 SUBJECT: 1006 Grand Court FROM: Kenneth Bauer, Building Official I. GENERAL INFORMATION: Applicant Richard Touchette Property Owner Name: 1006 Grand Court LLC/Touchette Address: 1001 Rue Lenoir Ste A501 Montreal QC H4C 276, Canada Property Characteristics Zoning District: RML, Residential Multiple-Family Low Density Site Location: 1006 Grand Court Parcel PCN#: 24-43-47-09-00-002-0090 Request The applicant is proposing the installation of a Platform Boat Lift. PLANNING BOARD 1006 Grand Court Property January 31, 2017 Application # 39412 Page 2 of 3 II. ZONING AND LAND USE: The table below lists the zoning district, existing land use for the subject site and surrounding area. Parcel Zoning District Existing Land Use Subject Site RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density Low Density North RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density Low Density South RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density Low Density East RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density Low Density West RML, Residential Multiple-Family RML, Residential Multiple-Family Low Density (Water) Low Density (Water) III. ANALYSIS: Existing Condition The subject property consists of Single Family Residence. Proposed Changes The applicant is proposing the installation of a 40,000 lb., eight-post platform boat lift. Development Standards Highland Beach Code of Ordinances, Property Development Regulations, Section 30-68(h). IV. RECOMMENDATIONS: The Town of Highland Beach Building Department has reviewed the construction documents submitted by the applicant and has found that the proposed Boatlift Installation does comply with the Highland Beach Code of Ordinances. PLANNING BOARD 1006 Grand Court Property January 31, 2017 Application # 39412 Page 3 of 3 V. OTHER MATTERS: The Building Official has reviewed the application and submitted documents on January 31, 2016, and hereby certifies the following action was taken: FiPlans meet Town of Highland Beach Zoning and other governmental agencies requirements. n Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending before the Town of Highland Beach will issue permits, with other governmental agencies as listed: n Plans do not meet Town of Highland Beach Zoning requirements. Should you have any further questions with regards to the matter please feel free to contact me at(561) 278-4540 or kbauer@highlandbeach.us Respectfully Submitted, Kenneth Bauer, Building Official Town of Highland Beach Transmit To: Valerie Oakes, Town Clerk Date: December 07, 2016 Application No: #39412 Applicant/Owner: Applicant-1006 Grand Court, LLC / Touchette, Owner— Mr. Richard Touchette Property Address: 1006 Grand Court, Highland Beach, FL 33487 Submit Application: PLANNING BOARD Application Type: Site review/Public hearing i R� EYiII'�fEN ' 4 � QPt ' Nd Description of Application: Applicant proposes installation of a 40,000 lb., 8 post platform boatlift, at subject property, 1006 Grand Court, Highland Beach, Florida, in the RML (Residential Multi-Family Low Density) zoning district. THE BUILD OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED December 07, 2016, AND BY CERT-WI THAT THE FOLLOWING ACTION WAS TAKEN: Plans meet own of Highland Beach Zoning and other governmental agencies requirements. Plans m t Town of Highland Beach Zoning requirements; however, approvals are pending with other go - nmental agencies. res Plans do not meet Town of Highland Beach Zoning requirements. Recommendation: The Building Department has reviewed the submitted construction documents for the proposed installation of a 40,000 lb., 8 post platform boatlift, at subject property. The installation meets requirements of Highland Beach Code of Ordinances, Section 30-68(h). P ASE TA E W EVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., • DOA Ani , TRANSMIT TO QUASI-JUDICIAL BOARD, ETC. � v Leri Michael D_sorcy, B Using Official CLERK'S OFFICE USE ONLY:: Date Received: 12-"k1 1 I 1P Date of Hearing/Regular Meeting: / '// • RECENDD ........ 0 T Iv Lois O�NIGNLgNO �I - TOWN OF HIGHLAN ►► B .-- BEACH t �? :. LDING DEPARTMENT PLANNING BO W \ FIOP LORfN'T ORDER APPLICATION Application # 0 3 9 4 1 2 I request a hearing �}nP e t- III •f the Zoning Ordinances of the Town of Highland Beach. This request relates to the prope y �o�' " : :M. set forth in this application. PROPERTY INFORMATION ASSOCIATED WITH THIS APPLICATION Address: 1006 Grand Court PCN: 24-43-47-09-00-000-0090 Full Legal Description of the Property [as described in the deed]or reference to an attachment: 9-47-4Lot 6, Lo 7 Grand Cay Estates in N 1/2 of Govt Lot 2 Zoning District: What is the location of the installation? RMM - Multi Family Medium Density ❑ Intracoastal Waterway(ICW) 1i Interior Canal/Basin o N/A PROPERTY OWNER INFORMATION Name: 1006 Grand Court LLC/Touchette Phone: 514-944-6565 Fax: Mailing Address: 1001 Rue Lenoir Ste A501, Montreal QC H4C 276 Canada Email Address: APPLICANT INFORMATION Name: Richard Touchette Phone: 514-944-6565 Fax: Mailing Address: 1006 Grand Court, Highland Beach, FL 33487 Email Address: nutt3839@bellsouth.net(David Nutter @ B& M Marine Construction) 95—y _•:,...)4, /7d 0 ARCHITECT/DESIGNER INFORMATION Name: Phone: Fax: Mailing Address: Email Address: DEVEOPMENT ORDER REQUEST Rezoning: Special Exceptions: ❑ Rezoning by a Property Owner or Party Other than ❑ Boat Basins the Town Pt Boat Lifts ❑ Change of Nonconforming Use Site Plan: ❑ Dwelling, Single-Family, Zero Lot Line o Site Plan Multifamily and Non Residential o Essential Public Service Structures ❑ Site Plan Review,Major Modification o Houses of Worship o Site Plan Single-Family,Located on a Single Lot o Off-Premises Parking a Site Plan Single-Family, Located within a Larger ❑ Perpendicular Docking of Boats Project o Post Offices Other: ❑ Recreation Facilities,Public o Utility Facilities Provide a brief description of the project: &ML\ � L4-DJ JD lb S- .351) 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. With this application, I am submitting the necessary supporting materials listed. Applicant's Signature: " ' Date: 14 P 18 IAA O 16, Building Department Use: Date Application Receive• 41\ B P - : - • - '-w: Final Review: • ended Site Pla . ! r: Plans meet 'own of Highland Beach Zoning and other governmental agencies requirements. 0 Pl. eet Town of Highland Beach Zoning requirements, however, approvals are pending with other governmental agencies req.'rements. 0 Plans do not meet To 1, 1 ig4r• :t ch ning requirements. Building Official Signature � _ Date: Received by the Town Clerk's Office: jj1 fre Received By: Date: 1 2- 1 1 il (p Date Public Notices Mailed: Date Legal Advertisement Published: 2I REQUIRED ATTACHMENT TO THE DEVELOPMENT ORDER APPLICATION Before any Development Order shall be issued the Board shall make written findings certifying compliance with the specific rules governing individual Development Orders, and that satisfactory provisions and arrangements have been made concerning the following, where applicable: Information you provide will assist the Planning Board to determine whether your application meets the minimum criteria for obtaining a Development Order as described in Chapter 30 Zoning Code, Article 3 Development Review of the Code of Ordinances. Use additional pages if necessary. The Planning Board will not consider reference to a development order a complete response to the issue. Address the issues one at a time and be as detailed as possible. Attach additional sheets if necessary. A.Building orientation: Buildings shall be oriented to enhance the appearance of the streetscape. 1. Building orientation shall ensure that service areas are placed out of view from public rights-of-way, parking areas, and adjacent properties. Where,because of site constraints service areas can not be so located,such areas shall be screened from view by vegetative or structural means. Any structural screening shall be architecturally compatible with the principal building in terms of style,colors,construction materials,and finish. 2. Mass,bulk, and scale of all structures shall be compatible with other structures and uses both in the same zoning district and in the neighborhood. NA-installation of boatlift-no change to building B. Refuse service areas: 1. Refuse service areas shall be located in a manner that minimizes impacts to adjacent residential properties. 2. Refuse service areas shall be screened from adjacent properties and rights-of-way by an enclosure that is constructed of durable building materials such as concrete,stone,or brick. The enclosure shall be faced with the same style as the façade of the primary structure on the site. The gate to the enclosure shall have a similar appearance as the façade of the building. The enclosure shall be the same color as the primary structure. 3. Enclosures shall be large enough and located in a manner that service vehicles can access the dumpster while it is in the enclosure. NA-installation of boatlift- no change to upland areas C. Mechanical equipment operation and location: 1. Mechanical equipment shall be located in a manner that minimizes impacts to adjacent residential properties. 2. Mechanical equipment, including equipment located on roofs shall be screened from view of adjacent residential properties and rights-of-way. Screening shall be of a material that is consistent with the architecture of the building. NA-installation of boatlift-no change to building accessories or equipment D.Liehtina: 1. Outdoor lighting shall be arranged so that the light source is shielded from adjacent residential properties and rights-of-way. Light fixtures shall a type that directs the light downward. 2. Outdoor lighting shall be arranged so that no portions of adjacent residential properties are covered by the light shadow. There shall be no glare or spillover effect of lighting from the property on which a development order is approved to adjacent properties, and all lighting shall comply with the Palm Beach County Code, relating to safeguarding nesting female and hatchling marine turtles from sources of artificial light. 31Pag NA- installation of boatlift- no change to lighting E. Landscaping and trees: Please refer to Chapter 28 Xeriscape-Landscape Requirements,Installation and Maintenance in the Town of Highland Beach Code of Ordinances. NA- installation of boatlift- no change to landscaping F. Signs: Please refer to Chapter 23 Signs and Advertisement in the Town of Highland Beach Code of Ordinances. NA-installation of boatlift- no change to signage G. Walls and Fences: Please refer to Chapter 6 Building and Structures; Article 5 Seawalls;Bulkheads;Retaining Walls in the Town of Highland Beach Code of Ordinances. NA- installation of boatlift- no change to or installation of wall s or fences Additional Notes: Request is for installation of an 8-post boatlift -no other changes to the upland property are expected or included in this request 41 Depart, Florida Department of Rick Scott p Governor ° f Environmental Protection Carlos Lopez-Cantera .k, SOUTHEAST DISTRICT OFFICE Lt. Governor x{ 3301 GUN CLUB ROAD, MSC 7210-1 WEST PALM BEACH, FL 33406 Jonathan P. Steverson ''entat P` 561-681-6600 Secretary Richard Touchette 1006 Grand Court Highland Beach,FL 33487 Sent via e-mail: nutt3839@bellsouth.net Re: File No.: 50-0345492-002,003-EE File Name: Touchette Dear Mr. Touchette: On July 5, 2016, we received your application for an exemption to (1) install a boatlift; and (2) install two mooring piles. The project is located in a man-made canal, Class III Waters, adjacent to 1006 Grand Court,Highland Beach,FL 33487(Section 09,Township 47 South,Range 25 East), in Palm Beach County(Latitude N 26° 23' 37.52", Longitude W 80° 04' 07.02"). Your request has been reviewed to determine whether it qualifies for(1)regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project qualifies for all three. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. 1. Regulatory Review—VERIFIED Based on the information submitted, the Department has verified that the activities as proposed are exempt, under Chapter 62-330.051(5)(a) and (5)(b), Florida Administrative Code, from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification, provided: 1) the project design does not change; 2)site conditions do not materially change; and 3)there are no changes to the statutes or rules governing the exempt activity. In the event you need to re-verify the exempt status for the www.dep.state.fl.us - �•.-' : : .4:os Town of Highland Beach `o, ,400" ::.. ;,.... n• 3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEA - •'IDA 33487 41 4 BUILDING DEPARTMEN RO V �D ' .1.1. PERMIT v ���zFt ORtD�.- '``�� OCT 19 2016 a � - ./` ' - 039412 Permit# / ! /.-- BUILDING DEPART HIGHLAND BECE You are hereby directed, as stated in State of Florida Statu e�t�o . - E 3 79.5(a an. .'. .- -: NT necessary by the Town of Highland Beach Building Depa , i 6 'K°AS•- engineer or architect as a Special Inspector for the following inspection checked below: ❑ 1. Verify that all soil conditions have been certified/soil treatment certification. ❑ 2. Verify that all setbacks and elevations have been certified. ❑ 3. Make a visual inspection of all components which cannot be inspected after fabrication. ❑ 4. Inspect all steel for size and placement prior to concrete placement. ❑ 5. Verify that all shoring and re-shoring has been certified and to check that shoring is safe. ❑ 6. To be present and monitor all concrete placements. )(7. . inspect all structural components of building such as, but not limited to: 1110 Footer and/or pilings b. Slabs-on grade,above or below grade. c. Beams and Columns d. All structural and non-structural walls. e. Fire resistive ratings for f. Floor and Roof Trusses g. Sheathing. ❑ 8. Special Inspector is required to make weekly written reports to Building Department. ❑ 9. Copies of all Concrete Test reports are required to be sent to Building Department. ❑ 10. Other: The Special Inspector shall be responsible for compliance with all applicable Building and Fire Codes and shall submit progress and inspection reports, including concrete test reports to the Building Department. The assignment of a Special Inspector does not relieve the permit holders responsibility for inspections and approval from the Town's Building Department prior to proceeding with the work. At completion of the work preformed by the Special Inspector,the Special Inspector shall submit a Certificate of Compliance to the Building Department, stating that the work was done in complia I e ' 'licable Building and Fire Codes and the s. approved plans and specifications. Final Inspection sha- --- e Building Department before a Certificate of Occupancy is issued. A signed and sealed rnpy ^fthis document must be submitted to the Building De.;rtment prior to issuance of a building permit. _ :uilding Depa ment Title Dat- ��If C �'• G/11�6:;_^ 0/, ...,. ,, ,,,„..: ° S e al Inspector JA �i�F4 �c Date 7.7. i = . ,1 w -' C:\Documents and Settin s\zbur ess\Local Settin s\Tem ora Internet t.s I0 NN‘.-..os‘ g g g P ry %!dt.ULltii140. Files\Content.Outlook\GRODI2UC\Special Inspector Form.doc 4/22/02 Revised: Page 1 of 1 File No.:50-0345492-002,003-EE File Name:Touchette P;ge 2 of 5 activity after the one-year expiration of this verification,a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review,as changes may result in a permit being required.Conditions of compliance with the regulatory exemption are contained in Attachment A. 2. Proprietary Review—NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review—SPGP APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V, and a separate permit or authorization will not be required from the Corps.Please note that the Federal authorization expires on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special conditions that may apply to your project." A copy of the SPGP V with all terms and conditions and the General Conditions may be found at http://www.saj.usace.army.mil/Divisions/Regulatorv/sourcebook.htm. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers(Jacksonville District)and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to insure compliance with appropriate statutes and administrative codes. If the activities are not in compliance,you may be subject to penalties under Chapter 373,F.S.,and Chapter 18-14,F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding(hearing)under Sections 120.569 and 120.57,F.S. Pursuant to Rule 28- 106.201,F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; dile No.:50-0345492-002,003-EE File Name:Touchette Page 3 of 5 (b) The name,address,any email address,any facsimile number,and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any,which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (1) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3),F.S.must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S.,however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under Sections 120.569 and 120.57,F.S.,or to intervene in this proceeding and participate as a party to it. Any subsequent intervention(in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205,F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. ,File No.:50-0345492-002,003-EE File Name:Touchette Page 4 of 5 Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,M.S. 35,Tallahassee,Florida 32399-3000;and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter,please contact Michael Rittenhouse at the letterhead address or at(561) 681-6602 or by email at Michael.Rittenhouse@dep.state.fl.us Executed in Palm Beach County,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Monica Sovacool Environmental Manager Southeast District Enclosures: Attachment A- Specific Exemption Rule Attachment B-Newspaper Publication General Conditions for use of the Federal SPGP V Project Drawings, 8 pages Copies furnished to: FDEP—Michael Rittenhouse, Monica Sovacool ',File No.:50-0345492-002,003-EE File Name:Touchette P,age5of5 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this determination, including all copies,was mailed before the close of business on August 2,2016,to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date,pursuant to 120.52(9), Florida Statutes,with the designated Department Clerk,receipt of which is hereby acknowledged. August 2, 2016 Clerk Date Attachment A Chapter 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable. (5) Dock,Pier,Boat Ramp and Other Boating-related Work— (a)Installation or repair of pilings and dolphins associated with private docking facilities or piers that are exempt under Section 403.813(1)(b),F.S.; (b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities,in accordance with Section 403.813(1)(b),F.S. This includes associated structures such as boat shelters,boat lifts, and roofs,provided: 1.The cumulative square footage of all structures located over wetlands and other surface waters does not exceed the limitations in Section 403.813(1)(b), F.S.; 2.No structure is enclosed on more than three sides with walls and doors; 3.Structures are not used for residential habitation or commercial purposes,or storage of materials other than those associated with water dependent recreational use; and 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet,unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. Attachment B File No.: 50-0345492-002,003-EE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice that the projects to(1)install a boatlift;and(2)install two mooring piles has been determined to be exempt from requirements to obtain an Environmental Resource Permit. The project is located in a man-made canal,Class III Waters,adjacent to 1006 Grand Court,Highland Beach,FL 33487(Section 09,Township 47 South,Range 25 East),in Palm Beach County(Latitude N 26°23'37.52",Longitude W 80°04'07.02"). A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing)under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed(received by the clerk)in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. Mediation is not available. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice,whichever occurs first. Under rule 62-110.106(4)of the Florida Administrative Code,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing.The Department may,for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee, Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect,the Department may also grant the requested extension of time. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding;and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (0 A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action;and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above,as required by rule 28-106.301. Under sections 120.569(2)(c)and(d)of the Florida Statutes,a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours,8:00 a.m.to 5:00 p.m.,Monday through Friday,at the Southeast District office, 3301 Gun Club Road,MSC 7210-1,West Palm Beach,Florida 33406. General Conditions for Federal Authorization for SPGP V 1. The time limit for completing the work authorized ends on July 26, 2021. 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 on the enclosed form 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. 6. You must allow representatives 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. Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. • b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. 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. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. 7. 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, relocation or alteration. Department of the Army Permit Transfer for SPGP V PERMITEE: PERMIT NUMBER: DATE: ADDRESS/LOCATION OF PROJECT: 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 Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. (Transferee Signature) (Date) (Name Printed) (Street address) (Mailing address) (City, State, Zip Code) 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 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@myFWC.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 Florida Fish and Wildlife Conservation Commission(FWC)must be used (see MyFWC.com/manatee). One sign which reads Caution:Boaters must be posted. A second sign measuring at least 81/2" 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. Questions concerning these signs can be sent to the email address listed above. CAUTION : MANATEE HABITAT All project vessels f 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) 4 weii * RiVC or #FWC UNITED STATES DEPARTMENT OF COMMERCE ts.µTOr ea. National Oceanic and Atmospheric Administration Qe ♦ NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office • : _ 263 13th Avenue South St. Petersburg,FL 33701 re0 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 smalitooth 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 smalitooth 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 smalitooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalitooth 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 smalitooth 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 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. f. 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 noRn X s �� Page 1 of 1 , GO ge1006 Grand Ct l - 21 ifrAeittwyr,,Zg.-nriZral A3:2,1114. Y f:.�4 s pfa 1?,'--iktigt4IX,MWVitti.Wh-474.,AW,i-:...igi"'_-. a •, rt s « 11 —41:4 iiII 1,--1,-,,k-,� � � -.--, ,' .rs xi�Non y 001., ,'' '` ,,a1'a.,_sh,' ass. 14"- .14 ,,... ) 1 ,�`� i "fid �' '° r -�i *" ; f O N yl Map data©2016 Google 200 ft Google Maps 4. �4.�� ' o4, Permit Number 4 ,� ( : 1 50-0345492-002,003-EE r 4t4" southeast District y y �4' roti 4t aLVI9 4/11/1/114 ,..,90., ,.„ ity„, ar ,4::,,,,- - ''',...,,, , 'Al;t!,,,,,t— ' i,--.4'-',-;;;;T' - • F '#� t i 9 t '1g '. �• 6 moi' p'f, i y •4:: ''.. �! ! Q t f . r Atli. ‘-'a 9 " .. ' ' : ...--"'W'v t';'-. '`k-..- y. 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Bock'CLERK & COMPTROLLER 1's 0318' (.1P3 NOTICE OF COMMENCEMENT The undersigned hereby gives notice that improvement will be made to certain real property,and in accordance with Chapter 713, Florida Statutes,the following information is provided in this Notice of Commencement. a y{ )4 3_ 4.1 7.,no_ -bo _cC f I. DESCRIPTION OF PROPERTY(Legal desccnpttiionnJoff the property&street address,if available)TAX FOLIO NO.: SUBDIVISION 6•`pp--'�ca/ �7`-`+5BLOCK TRACT LOT BLDG UNIT QC) Geo CSF t 1--i 5fr land �!, FL— 334g f g 7 \1r i 2.GENERAL DESCRIPTION OF IMPROVEMENT: N ` f/'\c) 11 W ECON NOV -6 2018 et- 3. OWNER INFORMATION �O,,R�LESSEE INFORMATION IF THE LESSEE CONTRACTE FO4R/THE�IbIPROVEMENT: a.Name and address. I C.r Ci-It^C� , / (00 i�,,,J 'cJ v' t J- b.Interest in property: (OOb ahA G+r 1,-tH1ard �G•1I FL 33 '/--g7 HIGHLAND BEACH i'? .DI`4G DEPARTMENT c.Name and address of fee simple titleholder(if different born Owner listed above) '• .... — .......W. 4. a.CONTRACTOR'S NAME: B&M MARINE CONSTRUCTION, INC. Contractor's address:3500 SW 14TH STREET,DEERFIELD BEACH,FL 33442 b.Phone number 954421-1700 5. SURETY(if applicable,a copy of the payment bond is attached): a.Name and address: b Phone number c Amount of bond.I 6.a.LENDER'S NAME: Lender's address. b.Phone number. 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(I)(a)7.,Florida Statutes: a Name and address. b.Phone numbers of designated persons. 8.a In addition to himself or herself,Owner designates of to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes. b.Phone number of person or entity designated by Owner. _ 9. Expiration date of notice of commencement(the expiration date will be I year from the date of recording unless a different date is specified): 20 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713,PART L SECTION 713.13 FLORIDA STATUTES.AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING.CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RE •RDIN YOUR NOTICE OF COMMENCEMENT. ,o - - _ - Qctt 0 tl cue +C Pres, State of r L Pain, County of r c.I n, {� ma�y,��pp p The fore oing instrument was acknowledged before me this ' ' 1" day of (�GI Ob'C' 20 l g by t C.- eC LCA , `,ouck-. 't2 as (name of person) (type of authority,..,e.g.officer,trustee,attorney in fact) for (name of partyon'behalf of whom instrument was executed) ` Personally Known `I- or Produced Identification Type of Identifica'� ion Produced '_ '•' CHRISTIN E BICHLER `MY COMFHs R FF8191tte"" EXPIRES September 15,2019 (Signature Co misf Notary Public)N (Print,Type,or Stamp Commissioned Name of Notary Public) 110/1396-0133 FlondallouYSoes.Ca Corr Rev 10-15-12 ;TATE OF FLORIDP • PALM 13EACt14UUNTr c pT9O< I hereby certify that the foregoing is a -f-1. • IDA r roc. :Opy of the record in my office with eadactions if any as required by law t_ HiS2. 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