Land Development and Planning Project Files_3833 S. Ocean Blvd._20210316_Application No. 20-0012 Approved by
Town Commission 03/16/2021
• TRANSMITTAL FORM Application No. 20-0012
REPORT OF REVIEW&
ACTION BY THE TOWN COMMISSION
Transmit to: Town Planner Ingrid Allen Date: March 16, 2021
Building Department
Applicant/Owner: Michael & Judith Rothberg
Property Address: 3833 S Ocean Blvd. Highland Beach, FL 33487
Property Control Number: 24-43-47-04-00-001-0160
Application No. 20-0012
REVIEW GIVEN TO SUBJECT PROPETY
❑ Preliminary Review:
® Final Review: Boatlift/Pilings
❑ Amended Site Plan Review
❑ Other
AT THE MARCH 16, 2021, MEETING, THE TOWN COMMISSION REVIEWED THE ABOVE
MATTER PER THE REQUEST OF THE TOWN PLANNER DATED FEBRUARY 18, 2021, AND
HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
❑ Denied
® Recommendation to Approve (as recommended by Staff)
❑ Approved with Modifications (as noted)
❑ Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E.,
ISSUE PERMIT, T AN TO TOWN COMMISSION, RETURN TO APPLICANT, ETC.
Douglas man, ayor
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE
BOARD'S FINDINGS:
MOTION: Commissioner Shoemaker made a motion to approve Development Order Application No. 20-
0012 by B&M Marine Construction, Inc. for a special exception approval, as
recommended by staff. Commissioner David seconded the motion. UPON ROLL CALL the
motion passed on a 4 to 0 vote.
...............................................................................................................................................................................................................................................................................................................................................................
CLERK'S OFFICE USE ONLY.-
Transmitted to the Building Department: 03/16/2021
TOWN COMMISSION
STAFF REPORT
MEETING OF: MARCH 16, 2021
TO: TOWN COMMISSION
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY B&M MARINE CONSTRUCTION, INC. FOR A
SPECIAL EXCEPTION APPROVAL TO INSTALL A FOUR (4) POST
24,000 POUND CAPACITY BOAT LIFT, A 7,000 POUND CAPACITY
PERSONAL WATERCRAFT BOAT LIFT, AND TWO (2) MOORING
PILE CLUSTERS FOR THE PROPERTY LOCATED AT 3833 SOUTH
OCEAN BOULEVARD. (APPLICATION NO. 20-0012)
Applicant (Property Owner): Michael Rothberg & Judith Fae Laikin Rothberg
3833 South Ocean Boulevard
Highland Beach, Fl. 33487
Applicant’s Agent: William Bryant
B&M Marine Construction, Inc.
3500 SW 14 Street
Deerfield Beach, Fl. 33442
Property Characteristics:
Comprehensive Plan Land Use: Single Family (east of A1A) and Multi Family Low Density
(west of A1A).
Zoning District: Residential Single Family - RS (east of A1A) and Residential
Multiple Family Low Density – RML (west of A1A).
Parcel PCN#: 24434704000010160
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Background:
On October 3, 2019, the Town Commission approved a special exception (Resolution No. 19-027)
allowing for an accessory use (dot lot and walkway) and a unity of title (Resolution No. 19-028)
for the properties located at 3833 South Ocean Boulevard and 3906 South Ocean Boulevard.
Request and Analysis:
The Applicant is proposing to install a four (4) post 24,000 pound capacity boat lift, a 7,000 pound
capacity personal watercraft boat lift, and two (2) mooring pile clusters (one 2-pile and one 3-pile)
for the property located at 3833 South Ocean boulevard. The property is noncontiguous (see attached
aerial) and the request applies to that portion of the property located adjacent to the Intracoastal
Waterway (ICW) on the westside of State Road A1A.
The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US
Army Corps of Engineers (ACOE) approval for the above-referenced items (File No. 50-0373292-
004-005-006-EE and SAJ-2019-04365(GP-PWB,) respectively). Note that both agency approvals
include the replacement of an existing 6,299 square foot dock (including access pier and terminal
platform) in the same location, configuration and dimensions as the existing dock. According to
Town records, a dock permit was approved in 1998 and in 2001 (BP-12137 and BP-15093,
respectively). A special exception approval is not required for the dock replacement g iven that it
is within the same footprint , configuration and dimensions of the previously permitted dock . A
building permit for the dock replacement has been issued by the Building Department (No. 20-
0344).
The Applicant’s request is consistent with the definition of boat lift provided in Section 30 -131 of
the Town code as follows:
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one
foot above the minimum seawall elevation. In no case shall the lift be higher than the
superstructure of the boat when lifted.
While the boat lifts proposed are moored perpendicular to the property, Section 30-68(g)(7) of the
Town code states that a boat moored in the ICW may be moored perpendicular to the property line,
subject to approval by the ACOE. As indicated above, the applicant has received ACOE approval.
Pursuant to Section 30-68(g)(6)d.2. of the Town Code, in multifamily residential zoning districts,
accessary marine facilities are exempt from side yard setback requirements. The Applicant’s request
is consistent with the special exception criteria of Section 30-36 of the Town Code (see attached),
were applicable, including consistency with the Town Comprehensive Plan and Code of Ordinances.
Section 30-68(c) of the Town Code states that if lots or portion of lots under the same ownership
are divided by a street, but are no more than 1000 feet from one another, measured from the
closest boundary points, the town commission may permit accessory uses or structures on such
noncontiguous lot or portion of lots . The distance between the two portions of the property divided
by State Road A1A is approximately 150 feet. That said, Section 30-36 of the Town Code states
that in such cases when the town commission is the final authority, the town commission,
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following an advisory recommendation by the planning board, may approve, ap prove with
conditions, or deny a request for special exception approval.
Staff recommends approval of the special exception request to install a four (4) post 24,000 pound
capacity boat lift, a 7,000 pound capacity personal watercraft boat lift, and two (2) mooring pile
clusters subject to the following conditions and based on the plans date stamped received by the
Building Department on February 18, 2021:
1. Following approval by the Town Commission and prior to initiation of construction, the
Applicant will be required to obtain a building permit from the Town of Highland Beach
Building Department.
2. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be
initiated within two (2) years following the date of approval by the Town Commission.
Completion of all conditions of approval shall occur within two (2) years following the date
of approval by the Town Commission.
Plans meet Town of Highland Beach Zoning and other governmental agencies
requirements, and are consistent with the Town Comprehensive Plan.
Plans meet Town of Highland Beach Zoning requirements; however, approvals are
pending before the Town of Highland Beah will issue permits, with other
governmental agencies as listed.
Plans do not meet Town of Highland Beach Zoning requirements.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Aerial
FDEP approval
ACOE approval
Special Exception criteria
Plans
II. Recommendation
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383 3 South Ocea n Boul eva rd Palm Be ach Cou ntyNone
Fe brua ry 18, 202 1
0 0.03 0.060.015 mi
0 0.055 0.110.027 5 km
1:2,25 7
Crea te d b y: P alm Beach Co untyµPage 18
F L O R I D A D E P A R T M E N T O F
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Noah Valenstein
Secretary
October 19, 2020
Michael Rothberg
7551 Isla Verde Way
Delray Beach, FL 33446
Re: File No.: 50-0373292-004-005-006-EE
File Name: Rothberg
Dear Michael Rothberg:
On August 19, 2019, we received your request for verification of exemption to perform the
following activities: (1) replace an existing 6,299 sq. ft. dock in the same location and
configuration and dimensions as the existing dock; (2) remove existing boatlift; (3) install
mooring piles; and, (4) install two boatlifts. The project is located in the Intracoastal Waterway,
Class III Waters, adjacent to 3921 S Ocean Blvd, Highland Beach (Section 4, Township 47
South, Range 43 East), in Palm Beach County (Latitude N 26° 24’ 20.68”, Longitude W -80° 4’
5.60”).
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 did not qualify for the federal authorization of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that may be required for the activity. Please refer to the specific section(s) dealing
with that portion of the review below for advice on how to proceed.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Kaitlyn Mallett at the letterhead
address or at 561-681-6658, Kaitlyn.Mallett@FloridaDEP.gov .
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Project No.: 50-0373292-004-005-006-EE
Project Name: Rothberg
Page 2 of 5
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), (5)(d), and (5)(h), 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 may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request 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.
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 - NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the
Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG
FORM 4345, or alternative as allowed by their regulations. More information on Corps
permitting may be found online in the Jacksonville District Regulatory Division Source Book at:
https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book.
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 ensure 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 a subsequent order of the Department. Because the administrative hearing
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Project No.: 50-0373292-004-005-006-EE
Project Name: Rothberg
Page 3 of 5
process is designed to formulate final agency action, the hearing process may result in a modification of the
agency action or even denial of the application.
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 Rules 28-
106.201 and 28-106.301, 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;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; 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 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;
(f) 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. 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 and persons entitled to written notice under Section 120.60(3), F.S., 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. You cannot justifiably rely on the finality of this decision unless notice
of this decision and the right of substantially affected persons to challenge this decision has been
duly published or otherwise provided to all persons substantially affected by the decision. While
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-
110.106(10)(a).
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
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Project No.: 50-0373292-004-005-006-EE
Project Name: Rothberg
Page 4 of 5
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. If you
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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.
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 this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, 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 Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
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Project No.: 50-0373292-004-005-006-EE
Project Name: Rothberg
Page 5 of 5
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Kaitlyn Mallett
Environmental Specialist II
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Project drawings, 8 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP – Jeff Meyer, Kaitlyn Mallett
David Nutter, DJN Permit Services nutt3839@bellsouth.net
Additional mailings:
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
October 19, 2020
Clerk Date
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Attachment A
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.,
as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating-
(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.;
(5) Dock, Pier, Boat Ramp and Other Boating-
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with section
403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-functional within the
last year by a discrete event, such as a storm, flood, accident, or fire.
(5) Dock, Pier, Boat Ramp and Other Boating-
(h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally
in existence, provided:
1. Such installation does not conflict with a condition of a permit issued thereunder;
2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18
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Regulatory Division
Palm Beach Gardens Section
SAJ-2019-04365(GP-PWB)
Michael Rothberg
7551 Isla Verde Way11 SE 7th Court
Delray Beach, Florida 33446
Dear Mr. Rothberg:
Your application for a Department of the Army permit received on November 27,
2019, has been assigned number SAJ-2019-04365(GP-PWB). A review of the
information and drawings provided shows the proposed work is to:
1.remove and replace the decking of an existing 6,299 square foot dock (including a
1029-foot by 6-foot wooden access pier and a 25-foot by 5-foot terminal platform) within
the same footprint on existing piles;
2.remove an existing uncovered boatlift and mooring piles;
3.install a new cradle type uncovered boatlift with 4 new piles;
4.install a PWC elevator type uncovered lift with 2 I-beams; and
5.install 2 new mooring pile clusters (one 2-pile and one 3-pile).
This permit supersedes permit SAJ-2019-04365 issued on April 28, 2020. The activities
subject to this permit are authorized pursuant to authorities under Section 10 of the
Rivers and Harbors Act of 1899(33 U.S.C § 403). The project is located in the
Intracoastal Waterway at 3906 S. Ocean Boulevard, in Section 4, 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
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
January 19, 2021
REPLY TO
ATTENTION OF
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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 either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to
exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
The Permittee shall reference this permit number, SAJ-2019-04365(GP-PWB), on all
submittals.
2. 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 B) 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 (8½-inch by 11-inch). The drawings shall include the X &
Y State Plane coordination points of the most water-ward 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 of 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 Form the deviations between the
work authorized by this permit and the work as constructed. Clearly indicate on the as-
built drawings any deviations that have been listed. Please note the depiction and/or
description of any deviations on the drawings and/or As-Built Certification Form does
not constitute approval of any deviations by the Corps.
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c. The Department of the Army Permit number.
3. 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.
4. Setback from Federal Channel: The permit requires that no portion of the
authorized structure shall extend closer than 109 linear feet from the near bottom edge
of the Intracoastal Waterway.
5. 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.
6. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment C)
“Standard Manatee Conditions for In-Water Work – 2011.”
7. Turbidity Barriers: Prior to the initiation of any of the work authorized by this
permit, the Permittee shall install floating turbidity barriers with weighted skirts that
extend to within one foot of the bottom around all work areas that are in, or adjacent to,
surface waters. The turbidity barriers shall remain in place and be maintained until the
authorized work has been completed and all erodible materials have been stabilized.
Turbidity barriers shall be removed upon stabilization of the work area.
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 D).
9. Daylight Hours: All activities must be completed during daylight hours.
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10. PDCs for In-Water Noise from Pile and Sheet Pile Installation: The maximum
number of concrete piles installed via impact hammer is limited to no more than 10 piles
per day.
11. Construction Location: Project construction shall take place from uplands or from
floating equipment (e.g., barge); prop or wheel-washing is prohibited.
12. Commencement Notification: Within 10 days from the date of initiating the work
authorized by this permit the Permittee shall submit a completed “Commencement
Notification” Form (Attachment E).
13. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties listed in the
National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the permit
area, there are archaeological/cultural materials encountered which were not the
subject of a previous cultural resources assessment survey (and which shall include,
but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics,
stone tools or metal implements, dugout canoes, evidence of structures or any other
physical remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all work 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 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
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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 Archaeologist 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 Archaeologist and from the Corps.
14. Notice of Permit: The Permittee shall complete and record the “Notice of
Department of the Army Permit” form (Attachment F) 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.
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
Paula Bratschi by email at paula.w.bratschi@usace.army.mil or by telephone at 561-
472-3532.
Page 37
-6-
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 o ur
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.
Sincerely,
Paula Bratschi
Project Manager
Enclosures
Attachment A: Drawings
Attachment B: As-Built Certification
Attachment C: Manatee Conditions
Attachment D: PDC’s for In-Water Activities
Attachment E: Commencement Notification
Attachment F: Notice of Permit
Copies Furnished:
David Nutter nutt3839@bellsouth.net
CESAJ-RD-PE
CESAJ-RE
Page 38
GENERAL CONDITIONS
33 CFR PART 320-330
PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986
1. The time limit for completing the work authorized ends on date identified in the
letter. If you find that you need more time to complete the authorized activity, submit
your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
Page 39
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2019-04365(GP-PWB)
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 or electronic mail at saj-rd-
enforcement@usace.army.mil.
___________________________________ ___________________________
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
___________________________________ ___________ ____________
(DATE) (LOT) (BLOCK)
__________________________
__________________________________ (STREET ADDRESS)
(NAME-PRINTED)
___________________________________
___________________________________
(MAILING ADDRESS)
___________________________________
(CITY, STATE, ZIP CODE)
Page 40
LEGEND:
NAVD-88 NORTH AMERICAN VERTICAL DATUM OF 1988
MLW MEAN LOW WATER
MLLW MEAN LOWER LOW WATER
COE CORPS OF ENGINEERS
PSM PROFESSIONAL SURVEYOR AND MAPPER
C/L CENTER LINE
STA STATION
TYP TYPICAL
LB LICENSED BUSINESS
PBCR PALM BEACH COUNTY RECORDS
SURVEY NOTES:
1. THIS IS NOT A BOUNDARY SURVEY.
2. THIS SURVEY REPRESENTS A SPECIFIC PURPOSE SURVEY AS DEFINED IN THE STANDARDS OF
PRACTICE FOR SURVEYING AND MAPPING IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.
3. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
4. THIS SURVEY IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A
FLORIDA REGISTERED SURVEYOR.
5. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR EASEMENTS, ENCUMBRANCES OR
OTHER INSTRUMENTS OF RECORD OTHER THAN THOSE SHOWN HEREON WHICH MAY AFFECT THIS
PARCEL OF LAND.
6. THIS SURVEY IS INTENDED TO BE DISPLAYED AT SCALE OF 1 INCH EQUALS 30 FEET OR SMALLER.
7. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.
8. GEOGRAPHIC AND PLANE COORDINATES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA
DATUM OF 1983, FLORIDA STATE PLANE, ZONE 901, TRANSVERSE MERCATOR PROJECTION IN THE
U.S. SURVEY FOOT UNIT OF MEASUREMENT.
9. LOCATIONS OF ALL IMPROVEMENTS WERE OBTAINED USING REAL TIME KINEMATIC GPS
METHODOLOGIES WITH BROADCAST CORRECTIONS FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION REFERENCE NETWORK AND ARE ACCURATE TO THIRD ORDER, CLASS II.
10. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION OF PROPOSED IMPROVEMENTS
RELATIVE TO THE INTRACOASTAL WATERWAY NAVIGATION CHANNEL.
11. HYDROGRAPHIC (BATHYMETRIC) DATA WERE COLLECTED UTILIZING AN ODOM CV100 SURVEY
GRADE SOUNDER WITH A 200KHZ TRANSDUCER IN CONJUNCTION WITH REAL TIME KINEMATIC GPS
METHODOLOGIES WITH BROADCAST CORRECTIONS FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION REFERENCE NETWORK AND ARE ACCURATE TO THIRD ORDER, CLASS II.
12. HYDROGRAPHIC DATA ARE IN FEET RELATIVE TO MEAN LOW WATER AND REFERENCED TO FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION TIDE STATION 872-2784 (PALM BEACH COUNTY).
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SPECIFIC PURPOSE SURVEY IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON 9/4/18.
I FURTHER CERTIFY THAT THIS SPECIFIC PURPOSE SURVEY MEETS THE STANDARDS OF PRACTICE AS SET
FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT
TO FLORIDA STATUTE 472.027.
KENNETH C. JACKSON, PSM - FLORIDA REGISTRATION NUMBER 4549
SPECIFIC PURPOSE SURVEY
SOUTH 100 FEET OF THE NORTH 1500 FEET of
SECTION 4, TOWNSHIP 47 SOUTH, RANGE 43 EAST,
PER O.R.B. 23790 PAGE 675
PALM BEACH COUNTY, FLORIDA
352-(&7/2&$7,21
)
/
2
5
,'$9,&,1,7<0$36
127726&$/(TERRAQUATIC, INC6,7(2:1(5$''5(6635(3$5('%< DATE: 2/18/20DRAWN BY: BPLSCALE: N/ACHECKED BY: KCJSHEET 1 OF 2SEAWALL WET FACE
CHANNEL CENTERLINE
CHANNEL TOE
LOT LINE
EXISTING LOT LINES JUDITH & MICHAELROTHBERGDRAWING No: SPIEGEL XY.dwgJOB No: 18-743Page 41
3921 S. OCEAN BLVD.
BOCA RATON, FL
THE SOUTH 100' OF THE NORTH 1500'
of SEC. 4, TWP. 47S, RNG. 43E
PER. O.R.B. 23790 PG 675 (PBCR)
IMPROVEMENTS NOT SHOWN
TERRAQUATIC, INC6,7(2:1(5$''5(6635(3$5('%< DATE: 2/18/20DRAWING No: SPIEGEL XY.dwgDRAWN BY: BPLSCALE: AS STATEDJOB No: 18-743CHECKED BY: KCJSHEET 2 OF 2+25,=217$/6&$/(
JUDITH & MICHAELROTHBERGOriginal Permit X-Y Coordinates
Showing Navigation Conditions: Existing 12-inch wood cluster to be removed and
Structures setback 109.0 feet from near edge of the federal channel
Page 42
⅊⅊⅊Edge of water1223Mangrove Line +/-Patches of Halophilia decipiensObserved August 21, 201923
34122334ABKEY PLANSCALE: (N.T.S.)ROTHBERG RESIDENCE
3906 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FLSEAGRASS CONDITIONSSCALE: 1" = 40'-0"Page 43
Existing wood pier to beremoved and replaced;Existing pilings to remainExisting mooringpilings to be removed(typ. of 4)Existing boat liftto be removedEXISTING CONDITIONSSCALE: N.T.S.ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 44
⅊⅊⅊Edge of waterProposed 7000lb PWC boat liftNew 12" dia.2-pile clusterNew 12" dia.3-pile clusterMangrove Line +/-1223Wood "L" pier (129' x 6' access and 25' x 5'platform, 899sf) over water to be rebuilt in samefootprint on (30) existing 10" wood pilings;Pier rebuild issued under Permit #20-0344Proposed 24000lb 4-post boat lift on (4) 12" dia. wood pilings;2 of the pilings to be installed in line with pier pilings;Wood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344Turbidity curtains in place during installation of new pilings2334Wood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344Wood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344122334ABKEY PLANSCALE: (N.T.S.)PROPOSED CONDITIONSSCALE: 1" = 40'-0"ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 45
SITE PLANSCALE: 1" = 20'-0"⅊⅊⅊Edge of waterProposed 7000lb PWC boat liftCCNew 12" dia.2-piling clusterNew 12" dia.3-piling cluster12EAAEProposed 24000lb 4-post boat lift on (4)12" dia. wood pilings; 2 of the pilings tobe installed in line with pier pilings;Wood "L" pier (129' x 6' access and 25' x 5'platform, 899sf) over water to be rebuilt in samefootprint on (30) existing 10" wood pilings;Pier rebuild issued under Permit #20-0344Wood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344BBDD122334ABKEY PLANSCALE: (N.T.S.)ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Mark E. Weber, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.netPage 46
Mangrove Line +/-1223AAWood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344Existing 8" dia wood pilingswith 10" dia PVC sleeve (typ.)122334ABKEY PLANSCALE: (N.T.S.)2334AAWood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344Existing 8" dia wood pilingswith 10" dia PVC sleeve (typ.)122334ABKEY PLANSCALE: (N.T.S.)Mark E. Weber, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 47
34AAWood access pier (900' +/- x 6', 5400sf) over land to berebuilt in same footprint on (174) existing wood pilings;Pier rebuild issued under Permit #20-0344Existing 8" dia wood pilingswith 10" dia PVC sleeve (typ.)1112Existing gradeto remain151314671112PIER DETAIL "A"SCALE: 3/8" = 1'-0"Elev = +4.0' NAVDPier rebuildissued underPermit #20-0344122334ABKEY PLANSCALE: (N.T.S.)PIER DETAIL "B"SCALE: 3/8" = 1'-0"6171MLW -2.15' NAVDMHW +0.32' NAVDExisting bermto remain945Elev = +4.0' NAVDPier rebuildissued underPermit #20-0344Mark E. Weber, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 48
MLW -2.15' NAVDMHW +0.32' NAVDExisting bermto remain945617Non-structural finishper owners selectionProposed 24000lb boat lift; See typicalmanufacturer plans for detailsElev = +4.0' NAVDTop of vessel superstructureSee Dock NoteIdentification liston SP-3(4) new 12" dia.wood pilingsPier rebuildissued underPermit #20-0344LIFT DETAIL "C"SCALE: 3/8" = 1'-0"Mark E. Weber, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 49
MLW -2.15' NAVDMHW +0.32' NAVDExisting bermto remain945617Proposed 7000lb PWC lift; See typicalmanufacturer plans for detailsNon-structural finishper owners selectionElev = +4.0' NAVDTop of vessel superstructureSee Dock NoteIdentification liston SP-3Pier rebuildissued underPermit #20-0344LIFT DETAIL "D"SCALE: 3/8" = 1'-0"Mark E. Weber, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 50
New 2-piling mooring clusterwith 12" dia. wood pilingsNew 3-piling mooring clusterwith 12" dia. wood pilings617145Non-structural finishper owners selectionElev = +4.0' NAVDSee Dock NoteIdentification liston SP-345,6711MLW -2.15' NAVDMHW +0.32' NAVDExisting bermto remainPier rebuildissued underPermit #20-0344MOORING PILING DETAIL "E"SCALE: 3/8" = 1'-0"Reflective tape per local municipal code;Max 2" from top of piling; Min. 4" in width forfull circumference (typ for all mooring pilings)Mark E. Weber, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
ROTHBERG RESIDENCE
3833 SOUTH OCEAN BLVD.
HIGHLAND BEACH, FL
Page 51
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, Florida,
33410. For electronic mail saj-rd-enforcement@usace.army.mil (not to exceed 10 MB). If you
have questions regarding this requirement, please contact the Enforcement Branch at 904-232-
3131.
1. Department of the Army Permit Number: SAJ-2019-04365(GP-PWB)
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
________________________________ _____________________ ____________
City State ZIP
(Affix Seal)
___________________________________ _______________________________________
Page 52
-2-
Date Telephone Number
Date Work Started:____________________ Date Work Completed:______________________
Identify any deviations from the approved permit drawings and/or special conditions (attach
additional pages if necessary):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Page 53
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on-site project personnel are responsible for observing water-related activities for the presence
of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for
north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at
ImperiledSpecies@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 FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” 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.
Page 54
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
1-888-404-FWCC (3922)
cell * FWC or #FWC
Page 55
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.noaa.gov/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
Page 56
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
Page 57
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)(AP.11.) 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.
Page 58
Dated 9/18/2019
COMMENCEMENT NOTIFICATION
Within ten (10) days of initiating the authorized work, submit this form via electronic mail to
saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail
to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1.Department of the Army Permit Number: SAJ-2019-04365(GP-PWB)
2.Permittee Information:
Name: __________________________________________
Email: __________________________________________
Address: __________________________________________
__________________________________________
Phone: __________________________________________
3.Construction Start Date: ______________________
4.Contact to Schedule Inspection:
Name: __________________________________________
Email: __________________________________________
Phone: __________________________________________
______________________________
Signature of Permittee
______________________________
Printed Name of Permittee
______________________________
Date
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436Prepared 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-2019-04365 to Michael Rothberg (Permittee) on January 8, 2020,
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.C 403) on a parcel of land known as
Folio/Parcel ID: _______________located at 3906 South Ocean Boulevard, in Section
4, 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 Permit/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.
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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-2019-04365 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 __________________________ as identification.
________________________________
___
Notary Public
(seal)
___________________________________
Print
My Commission Expires____________
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Pursuant to Section 30-36(d)(2) of the Town Code, final approval of an application for special exception shall be
based on a determination the request is consistent with the criteria listed below:
a. Comprehensive plan. The proposed use is consistent with the town's comprehensive plan.
b. Code requirements. The proposed use is consistent with all applicable requirements of this Code.
c. Permitted and conditional use standards. The proposed use is consistent with the permitted and
conditional use standards as provided in section 30-63.
d. Public welfare. As applicable, the proposed use provides for the public health, safety, and welfare
by:
1. Providing for a safe and effective means of pedestrian access;
2. Providing for a safe and effective means of vehicular ingress and egress;
3. Providing for an adequate roadway system adjacent to and in front of the site;
4. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and
5. Providing adequate access for public safety purposes, including fire and police protection.
e. Screening and buffering. The proposed use utilizes such techniques as landscaping, screening,
buffering, site or building design, or business operation procedures to mitigate impacts on
surrounding properties, including such impacts as:
1. Noise;
2. Glare;
3. Odor;
4. Perimeter, interior, and security lighting;
5. Signs;
6. Waste disposal and recycling;
7. Outdoor storage of merchandise and vehicles;
8. Visual impact; and
9. Hours of operation.
f. Utilities. The proposed use minimizes or eliminates the impact of utility installation, including
underground and overhead utilities, on adjacent properties.
g. Dimensional standards. The proposed use meets or exceeds all dimensional requirements required
by the Code.
h. Compatibility. The overall compatibility of the proposed development with adjacent and area uses,
character of area development, and density and intensity of adjacent uses, inc luding such items as
the following:
1. Off-street parking and loading areas;
2. Location of refuse collection, recycling, and related service areas;
3. Signs;
4. Proposed lighting;
5. Ingress and egress to the property and structures;
6. Pedestrian circulation, safety and convenience;
7. Overall traffic flow; and
8. Public safety access in case of fire or catastrophe.
i. Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this
Code and the goals, objectives, and policies of the town.
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j. Adverse impact. The design of the proposed use and structures will minimize any adverse visual
impacts or impacts caused by the intensity of the use.
k. Environmental impact. The design of the proposed use minimizes any adverse impacts that may be
created, including impacts on environmental and natural resources including air, water, stormwater
management, wildlife, vegetation, and wetlands.
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