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Land Development and Planning Project Files_4408 Intracoastal Dr._20210513_Application No. 21-0001TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Applicant/Owner: Karen & Allan Goldstein Date: May 13, 2021 Property Address: 4408 Intracoastal Drive, Highland Beach, FL 33487 Property Control Number: 24-43-47-04-02-004-0100 Application No. 21-0001 REVIEW GIVEN TO SUBJECT PROPETY D Preliminary Review: C8J Final Review: Boatlift D Amended Site Plan Review D Other AT THE MAY 13, 2021, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PER THE REQUEST OF THE TOWN PLANNER DATED MARCH 24, 2021, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: D Denied C8J Recommendation to Approve D Approved with Modifications ( as noted) D Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC. lfa////1 aretrolf david axelrod (May 13, 202115:45 EDT) David Axelrod, Chairperson IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD'S FINDINGS: MOTION: Mendelson/Brown - Moved to approve Development Order Application No. 21-0001 with standard conditions as presented by Town Planner Ingrid Allen. The motion passed on a 5 to O vote CLERK'S OFFICE USE ONLY: Transmitted to the Building Department: 05/13/2021 APPROVED BY: PLANNING BOARD 05.13.2021 APPL. NO. 21-0001 PLANNING BOARD STAFF REPORT MEETING OF: MAY 13, 2021 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY WILLIAM R. THOMAS, UNLIMITED PERMIT SERVICES INC., FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 17,000 POUND CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED AT 4408 INTRACOASTAL DRIVE. (APPLICATION NO. 21-0001) Applicant (Property Owner): Allan M. & Karen S. Goldstein 4408 Intracoastal Drive Highland Beach, Fl. 33487 Applicant’s Agent: William Thomas Unlimited Permit Services, Inc. 902 Northeast 1 Street, Suite #2 Pompano Beach, Fl. 33060 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: RS, Residential Single Family Site Location: 4408 Intracoastal Drive Parcel PCN#: 24-43-47-04-02-004-0100 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 12 Request and Analysis: The Applicant is proposing to install a 17,000 pound capacity elevator boat lift at the property located 4408 Intracoastal Drive. According to the Applicant’s survey, there are two existing boat lifts which will remain. The Applicant has obtained Florida Department of Environmental Protection (FDEP) authorization (File No. 305307-004 EE). According to the Applicant’s FDEP approval, the proposed request does require a separate permit or authorization from the US Army Corps of Engineers (ACOE). The Applicant did receive authorization from ACOE (File No. SAJ -2011-00913 GP-CGK); however, this authorization was for a 10,000 lb. capacity boat lift. The Applicant has provided additional correspondence from ACOE indicating that the change to boat lift capacity and water elevations can be documented on the Applicant’s self-certification (see attached). Pursuant to Section 30-68(g)(6)d.2. of the Town Code, accessory marine facilities (which includes boat lifts) located in Single-family zoning districts shall provide a 25-foot side yard setback. The applicant’s request is compliant with this setback requirement. The proposed request is in compliance with the following definition of “boat lift” as provided in Section 30-131: 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. Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a) of the Town code states that if the Planning Board is the final authority on the special exception, then it shall approve, approve with conditions, or deny the application. Staff has reviewed the Applicant’s proposed request and finds that the project is consistent with the Zoning Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable, and the Town Comprehensive Plan. Staff recommends approval of the installation of the proposed 17,000 pound capacity boat lift subject to the following conditions and based on the plans date stamped received by the Building Department on April 9, 2021: 1. Following approval by the Planning Board and prior to initiation of construction, the Applicant will be required to obtain the following: a. 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 Planning Board. II. Recommendation Page 13 The Applicant’s proposed request: Meets Town of Highland Beach Zoning and other governmental agencies requirements. Meets 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: Does 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 Ingrid Allen Town Planner Town of Highland Beach Attachments: Application Aerial FDEP approval ACOE email correspondence regarding changes to permit ACOE approval Plans Page 14 2 TOWN OF HIGHLAND BEACH DEVELOPMENT APPROVAL APPLICATION Application # I request a hearing regarding the terms of the Zoning Ordinances of the Town of Highland Beach. This request relates to the property and zoning requirements set forth in this application. PROPERTY INFORMATION ASSOCIATED WITH THIS APPLICATION Address: PCN: Full Legal Description of the Property [as described in the deed] or reference to an attachment: Zoning District:What is the location of the installation? Waterway (ICW)Interior Canal/Basin N/A PROPERTY OWNER (APPLICANT) INFORMATION Name:Phone: Fax: Mailing Address: Email Address: APPLICANT'S AGENT INFORMATION Name: Phone: Fax: Company Name: Mailing Address: Email Address: Provide a detailed description of the project application (use additional pages if necessary): 4408 Intracoastal Dr 24434704020040100 Bel Lido Lot 10-11 Blk 4 xRS Karen & Allan Goldstein 4408 Intracoastal Dr agoldstein@amgresources.com 412-551-0770 William Thomas Unlimited Permit Services, Inc. 902 NE 1 St # 2 Pompano Beach, Fl 33060 williamr@unlimitedps.net 954-532-0129 Install Boatlift Page 15 Page 16 440 8 In tra coa sta l Drive Palm Beach Cou ntyNoneApril 27 , 2 021 0 0.035 0.070.01 7 5 m i 0 0.06 0 .120.03 km 1:2,25 7 Page 17 www.floridadep.gov FLORIDA DEPARTMENT OF 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 April 13, 2021 Allan Goldstein 4408 Intracoastal Dr Highland Beach, FL 33487 agoldstein@amgresources.com File No.: 305307-004 EE, Palm Beach County Dear Allan Goldstein: On April 7, 2021, we received your request for verification of exemption to perform the following activities: Install a boatlift. The project is located in a canal, Class III Waters, adjacent to 4408 Intracoastal Dr, Highland Beach, FL 33487 (Section 4, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26 23’ 51, Longitude W 80 4’ 10). Your request has been reviewed to determine whether it qualifies for (1) a 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 portion 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 Jeff Meyer at 561-681-6645 or Jeffrey.L.Meyer@FloridaDEP.gov. 1. Regulatory Review – VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(h), Florida Administrative Code from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. Page 18 File Name: Allan Goldstein File No: 305307-004 EE Page 2 of 5 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. SPGP 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 in 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 further order of the Department. Because the administrative hearing 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. Page 19 File Name: Allan Goldstein File No: 305307-004 EE Page 3 of 5 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, 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; (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). Page 20 File Name: Allan Goldstein File No: 305307-004 EE Page 4 of 5 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. 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. Page 21 File Name: Allan Goldstein File No: 305307-004 EE Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ Jeffrey Meyer Environmental Manager Southeast District Enclosures: Attachment A- Specific Exemption Rule Special Conditions for Federal Authorization for SPGP V-R1 General Conditions for Federal Authorization for SPGP V-R1 Project drawings, 5 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments, including all copies, were sent to the addressee and to the following listed persons: FDEP – Jeff Meyer, Hailey Wilson Kathy Cartier - kathyc@unlimitedps.net Palm Beach County – Mmitchell@pbcgov.org FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. April 13, 2021 Clerk Date Page 22 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 ‒ (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. Page 23 Existing MooringPiles To RemainExisting MooringPiles To RemainExisting SteelBarrier Wall ToRemainExisting BoatliftsTo RemainExisting Dock andSeawall To RemainSee attached survey supplied by owner forexact property information.Sheet 1 of 4Project:Proposed Boat LiftAllan Goldstein4408 Intracoastal DriveHighland Beach, Florida 33487PREPARED FOR:MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netADMIRAL BOATLIFTS MARINECONSTRUCTION INC704 E Atlantic BlvdPompano Beach, Fl 33060(954) 968-4040Site Plan(Existing Conditions)C A N A LScale: 1" = 30'Location MapSoutheast DistrictPermit Number 50-305307-004-EEPage 24 Lots 10 & 11Blk 4 Lot 9Blk 4Lot 8Blk 4Lot 12Blk 4CondoCondoCondoIntracoastalCanal100'Sheet 2 of 4Project:Proposed Boat LiftAllan Goldstein4408 Intracoastal DriveHighland Beach, Florida 33487PREPARED FOR:MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netADMIRAL BOATLIFTS MARINECONSTRUCTION INC704 E Atlantic BlvdPompano Beach, Fl 33060(954) 968-4040Site PlanSoutheast DistrictPermit Number 50-305307-004-EEPage 25 Existing MooringPiles To RemainExisting Dock andSeawall To RemainExisting MooringPiles To RemainExisting SteelBarrier Wall ToRemain10'190'10'New 17,000 lb. HiTide Boatlift Attachedto Existing Dock8'145'Existing Boatlifts ToRemain18'8'12'12'12'12'Sheet 3 of 4Project:Proposed Boat LiftAllan Goldstein4408 Intracoastal DriveHighland Beach, Florida 33487PREPARED FOR:MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netADMIRAL BOATLIFTS MARINECONSTRUCTION INC704 E Atlantic BlvdPompano Beach, Fl 33060(954) 968-4040Site Plan(Proposed Conditions)C A N A LScale: 1" = 20'Southeast DistrictPermit Number 50-305307-004-EEPage 26 Scale: 1/4" = 1'-0"17,000# Boatlift SectionExistingBerm10'New boatlift to be attachedto existing concrete dockMHW 0.3' NAVDMLW (-) 1.9' NAVDBOAT KEEL NOTE:Boat keel to be a maximum ofone foot above minimumseawall elevation when lifted.See BoatKeel Note6'-6"Existing Elevation5.99' NAVD18'PropertyLineGeneral Notes:1.Licensed Contractor shall verify the existing conditions prior to commencement of the work. Anyconflicts or omissions between existing conditions or the various elements of the working drawings shallbe brought to the attention of the Engineer prior to the commencement of the work. The LicensedContractor and all subcontractors are responsible for all lines, elevations, and measurements2.Do not scale drawings for dimensions3.All unanticipated or unforeseen demolition and/or new construction conditions which require deviationfrom the plans and notes herein shall be reported to the Engineer prior to commencement of work4.Licensed Contractor to verify location of existing utilities prior to commencing work5.The Licensed contractor to install and remove all shoring and bracing as required for the properexecution of the work6.Licensed Contractor to obtain all permits as necessary from all Local, State, and Federal agencies7.Wood piling to be 10"Ø minimum 2.5 lb CCA treated in accordance with AWPA standard C188.Piles to be driven to required capacity (minimum 10 tons) a minimum of 8' into berm or refusal.9.Piles to be driven with a drop hammer or gravity hammer. The hammer weight shall not be less than3,000 lbs and the fall shall not exceed 6 feet10.All hardware to be galvanized or stainless steel unless otherwise noted11.Design in accordance with Florida Building Code 7th Edition (2020)Sheet 4 of 4Project:Proposed Boat LiftAllan Goldstein4408 Intracoastal DriveHighland Beach, Florida 33487PREPARED FOR:MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netADMIRAL BOATLIFTS MARINECONSTRUCTION INC704 E Atlantic BlvdPompano Beach, Fl 33060(954) 968-4040Southeast DistrictPermit Number 50-305307-004-EEPage 27 Southeast DistrictPermit Number 50-305307-004-EEPage 28 1 Kathy Cartier From:Pempek, Jonathan C CIV (USA) <Jonathan.C.Pempek@usace.army.mil> Sent:Tuesday, April 13, 2021 12:53 PM To:Kathy Cartier Subject:RE: SAJ-2011-00913-CGK (Goldstein, Karen/ 4408 Intracoastal Drive, Highland Beach/ Palm Beach Co) FW: [Non-DoD Source] Allan Goldstein - 4408 Intracoastal Dr - Highland Beach - FL Kathy, Yes. Please just document the referenced changes on the self cert. V/r Jonahtan -----Original Message----- From: Kathy Cartier [mailto:kathyc@unlimitedps.net] Sent: Tuesday, April 13, 2021 9:33 AM To: Pempek, Jonathan C CIV (USA) <Jonathan.C.Pempek@usace.army.mil> Subject: RE: SAJ-2011-00913-CGK (Goldstein, Karen/ 4408 Intracoastal Drive, Highland Beach/ Palm Beach Co) FW: [Non- DoD Source] Allan Goldstein - 4408 Intracoastal Dr - Highland Beach - FL Hi Jonathan, Have you had the opportunity to review the new drawings against the permit? To reiterate, the only change is to the water elevations and the boatlift capacity. Please confirm that the permit applies and the changes can be documented on the self-certification. Thank you for your help in this matter, Kathy Cartier Unlimited Permit Services, Inc 902 NE 1 Street, Suite #2 Pompano Beach, Florida 33060 Office (954) 532-0129 -----Original Message----- From: Kathy Cartier Sent: Thursday, April 8, 2021 8:27 AM To: 'Pempek, Jonathan C CIV (USA)' <Jonathan.C.Pempek@usace.army.mil> Subject: RE: SAJ-2011-00913-CGK (Goldstein, Karen/ 4408 Intracoastal Drive, Highland Beach/ Palm Beach Co) FW: [Non- DoD Source] Allan Goldstein - 4408 Intracoastal Dr - Highland Beach - FL Good morning Jonathan, No it has not, please see attached permit. Thank you! Page 29 2 Kathy Cartier Unlimited Permit Services, Inc 902 NE 1 Street, Suite #2 Pompano Beach, Florida 33060 Office (954) 532-0129 -----Original Message----- From: Pempek, Jonathan C CIV (USA) <Jonathan.C.Pempek@usace.army.mil> Sent: Thursday, April 8, 2021 8:08 AM To: Kathy Cartier <kathyc@unlimitedps.net> Subject: RE: SAJ-2011-00913-CGK (Goldstein, Karen/ 4408 Intracoastal Drive, Highland Beach/ Palm Beach Co) FW: [Non- DoD Source] Allan Goldstein - 4408 Intracoastal Dr - Highland Beach - FL Kathy, Has the permit construction window expired for this project? V/r Jonathan -----Original Message----- From: Kathy Cartier [mailto:kathyc@unlimitedps.net] Sent: Wednesday, April 7, 2021 1:38 PM To: Pempek, Jonathan C CIV (USA) <Jonathan.C.Pempek@usace.army.mil> Subject: RE: SAJ-2011-00913-CGK (Goldstein, Karen/ 4408 Intracoastal Drive, Highland Beach/ Palm Beach Co) FW: [Non- DoD Source] Allan Goldstein - 4408 Intracoastal Dr - Highland Beach - FL Good afternoon Jonathan, To be quite clear on the referenced project, I would like you to review the attached drawings. There are only two changes: the capacity of the boatlift and the water elevation information. The boatlift will be 17,000 lbs as opposed to 10,000 lbs and the water elevations have been more accurately surveyed as opposed to estimates used previously. All other dimensions, scope, and scale of the project remain the same. I really appreciate your time and input on this matter! Thank you, Kathy Cartier Unlimited Permit Services, Inc 902 NE 1 Street, Suite #2 Pompano Beach, Florida 33060 Office (954) 532-0129 -----Original Message----- From: Pempek, Jonathan C CIV (USA) <Jonathan.C.Pempek@usace.army.mil> Sent: Monday, April 5, 2021 1:36 PM To: Farmer, Carolyn H CIV USARMY CESAJ (USA) <Carolyn.H.Farmer@usace.army.mil>; Kathy Cartier <kathyc@unlimitedps.net> Page 30 3 Subject: RE: SAJ-2011-00913-CGK (Goldstein, Karen/ 4408 Intracoastal Drive, Highland Beach/ Palm Beach Co) FW: [Non- DoD Source] Allan Goldstein - 4408 Intracoastal Dr - Highland Beach - FL Kathy, If the dimensions of the boatlift and pile spacing are going to remain the same just document the deviation on the self cert. V/r Jonathan Pempek Page 31 Page 32 -2- 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-2011-00913 (GP- CGK) on all submittals. 2. 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 B). 3. Self-Certification Statement of Compliance: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attachment C) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment D) “Standard Manatee Conditions for In-Water Work – 2011.” Page 33 -3- 6. 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 E). 7. Daylight Hours: All activities must be completed during daylight hours. 8. Construction Location: Project construction shall take place from uplands or from floating equipment (e.g., barge) with clearance to access the site; prop or wheel-washing is prohibited. 9. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Authorization” form (Attachment G) 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. 10. Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way for the Intracoastal Waterway 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. 11. 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. Page 34 -4- 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 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. Page 35 -5- This authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this NWP/RGP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state- owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. You should check State-permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This authorization does not include conditions that would prevent the ‘take’ of a state- listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above RGP(s), please contact Christian Karvounis by e-mail at Christian.G.Karvounis@usace.army/mil or by telephone at 561-472-3508. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware Page 36 -6- 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, Christian Karvounis Project Manager Enclosures: Attachment A: Drawings Attachment B: Commencement Notice Form Attachment C: Self Certification Form Attachment D: Manatee Conditions Attachment E: PDC’s Attachment F: Notice of Permit Form Page 37 GENERAL CONDITIONS 33 CFR PART 320-330 1. The time limit for completing the work authorized ends on the dates identified in the letter. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Page 38 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2011-00913 (GP-CGK) 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, P.O. Box 4970, Jacksonville, FL 32232-0019 or by 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 39 Page 40 Page 41 Page 42 Page 43 Dated 9/18/2019 COMMENCEMENT NOTIFICATION Within 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-2011-00913 (GP-CGK) 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 Page 44 Dated 9/18/2019 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Within 60 days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15MB) 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-2011-00913 (GP-CGK) 2. Permittee Information: Name: ____________________________________________ Email: ____________________________________________ Address: __________________________________________ __________________________________________ Phone: ___________________________________________ 3. Date Authorized Work Started: _________________ Completed: _______________ 4. Contact to Schedule Inspection: Name: ____________________________________ Email: ____________________________________ Phone: ___________________________________ 5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 6. Acreage or Square Feet of Impacts to Waters of the United States: _________________ 7. Describe Mitigation completed (if applicable): __________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date Page 45 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 46 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 47 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 48 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 49 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 50 Prepared by: Permittee: ____________________________ Address: _____________________________ _____________________________________ Phone:_______________________________ NOTICE OF DEPARTMENT OF THE ARMY AUTHORIZATION TAKE NOTICE the United States Army Corps of Engineers (Corps) has issued a permit or verification SAJ-2011-00913 (GP-CGK) to Karen and Alan Goldstein (Permittee) on March 1, 20201, 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 4408 Intracoastal Drive, in Section 04, 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 (ICW). 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 Page 51 permit or verification provisions. In the event of conflict between this Notice of Permit and the permit or verification, the permit or verification shall control. This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the Corps. This Notice of Authorization is executed on this ________ day of _____________________, _______. This document is being submitted for recordation in the Public Records of Palm Beach County, Florida as part of the requirement imposed by the authorization SAJ-2011-00913 (GP-CGK) 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 Page 52 My Commission Expires____________ Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Gates, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Town of Highland Beach Was published in said newspaper in the issues of; May 03, 2021 Affiant further says that the said SUN-SENTINEL is a newspaper published in said BROWARD/PALM BEACH/MIAMI-DADE County, Florida, and that the said newspaper has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County, Florida, each day and has been entered as second class matter at the post office in BROWARD County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm or corporation, any discount, rebate, commission or refund, for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn to and subscribed before me this: May 04, 2021. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: bwright@highlandbeach.us 6930056 SUN-SENTINEL Page 62 SUN-SENTINEL Page 63 Page 64 PUBLIC NOTICE APPLICATION NO. 21-0001 500 Ft Public Notification Boundary April 28, 2021 Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, May 13, 2021 at 9:30 AM in the Commission Chambers at Town Hall, 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY WILLIAM R. THOMAS, UNLIMITED PERMIT SERVICES INC., FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 17,000 POUND CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED AT 4408 INTRACOASTAL DRIVE. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Any person that decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record of the proceeding is made, which includes the testimony and evidence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 278-4540. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 65