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Land Development and Planning Project Files_4206 Intracoastal Dr._20210610_Development Application No. 21-0002TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Applicant/Owner: NON Sibi LLC Date: June 10, 2021 Property Address: 4206 Intracoastal Drive, Highland Beach, FL 33487 Property Control Number: 24-43-47-04-02-004-0250 Application No. 21-0002 REVIEW GIVEN TO SUBJECT PROPETY D Preliminary Review: � Final Review: Seawall, Seawall Cap, Concrete & Wooden Dock D Amended Site Plan Review D Other AT THE JUNE 10, 2021, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PER THE REQUEST OF THE TOWN PLANNER DATED MAY 10, 2021, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: D Denied � 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, T SMIT TO T :wN COMMISSION, RETURN TO APPLICANT, ETC. '?!� IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD'S FINDINGS: MOTION: DeMoss/Brown -Moved to approve Development Order Application No. 21-0002 as presented by Town Planner Ingrid Allen. The motion passed on a 6 to O vote CLERK'S OFFICE USE ONLY: Transmitted to the Building Department: 06/10/2021 APPROVED BY: PLANNING BOARD 06.10.21 APPL. NO. 21-002 PLANNING BOARD STAFF REPORT MEETING OF: JUNE 10, 2021 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY DARRIN DUNLEA, SEADAR BUILDERS, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 704 SQUARE FOOT DOCK, A 305 LINEAR FOOT SEAWALL WITH CAP, A 309.5 LINEAR FOOT CONCRETE NOTCH, A 3,000 POUND CAPACITY BOAT (JET SKI) LIFT, AND A 33,000 POUND CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED AT 4206 INTRACOASTAL DRIVE. (APPLICATION NO. 21-0002) Applicant (Property Owner): Non Sibi LLC 4206 Intracoastal Drive Highland Beach, FL 33487 Applicant’s Agent: Darrin Dunlea Seadar Builders 3850 NW 2nd Avenue, Suite 23 Boca Raton, FL 33431 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Parcel PCN#: 24-43-47-04-02-004-0250 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 13 Background: On September 19, 2019, the Town Commission approved a Declaration of Unity of Title for the properties located at 4202 and 4206 Intracoastal Drive (Resolution No. 19-023). On June 11, 2020, the Planning Board approved a three-story, 10,857 square foot single family residence with pool and spa at the property (Development Order No. 20-0001). Request and Analysis: The Applicant is proposing to install a 704 square foot dock (includes a 140 square foot wood dock and a 564 square foot concrete dock), a 305 linear foot seawall within 18 inches waterward of an existing seawall, a 305 linear foot seawall cap, a 309.5 linear foot concrete notch, a 3,000 pound capacity boat (jet ski) lift, and a 33,000 pound capacity boat lift for the property located at 4206 Intracoastal Drive. According to the Applicant’s submitted plan set, four (4) lift piles are proposed for each boat lift. Pursuant to Section 6 -128 of the Town Code, no bulkhead, seawall, or retaining wall shall be erected or constructed in any water, canal or lake, or on land abutting thereon, within the limits of the town, unless plans and specifications have been submitted to and approved by all federal, state and county agencies with jurisdiction over such construction activities, the planning board and the town consulting engineer, with a copy of such plans and specifications being filed with the town . The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE) approval for the above-referenced items as follows: PROPOSED WORK FDEP (FILE NO.) ACOE (FILE NO.) Seawall and cap 50-0221786-003-004-EE SAJ-1995-02049(NWGP-JKA) Seawall notch, dock, jetski lift and boat lift 50-0221786-005-EI SAJ-1995-02049(NWGP-VEK) Pursuant to Section 30-68(g)(6)(d)1. of the Town Code, the Applicant’s request is in compliance with the required 25 foot side yard setback for accessory marine facilities located in a single - family zoning district . In addition, 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. Pursuant to Section 6-128(b) of the Town Code, all seawalls west of State Road A1A shall be at Base Flood Elevation (BFE) or higher as provided by the FEMA FIRM maps . The BFE for the property is currently at 6 feet. The Applicant’s proposed seawall with cap is 6.5 feet NAVD. Page 14 The Applicant’s request is consistent with the special exception provisions of Section 30-36 of the Town Code, were applicable, including consistency with the Town Comprehensive Plan and Code of Ordinances. Section 30-67(b) of the Town Code indicates that docks, seawalls, and boat lifts in the Residential Single Family (RS) zoning district require special exception approval by the Planning Board. Section 30-36(a) of the Town code states that the Planning Board may approve, approve with conditions, or deny a request for special exception relating to seawalls, bulkheads, retaining walls and accessory marine facilities. Staff recommends approval of the special exception request to install a 704 square foot dock, a 305 linear foot seawall with cap, a 309.5 linear foot concrete notch, a 3,000 pound capacity boat (jet ski) lift, and a 33,000 pound capacity boat lift subject to the following conditions and based on the plans date stamped received by the Building Department on May 6, 2021: 1. Following approval by the Planning Board 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 Planning Board. Completion of all conditions of approval shall occur within two (2) years following the date of approval by the Planning Board. 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 Beach 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 Plans II. Recommendation Page 15 Page 16 Page 17 420 6 In tra coa sta l Drive Palm Beach Cou ntyNoneMay 2 7, 20 21 0 0.0 15 0.030.007 5 m i 0 0.03 0 .060.0 1 5 km 1:1,12 8 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 95. 9 '146.1'3.5'4.8'41. 0 '15.8'13. 4 '24.0'21.3'28. 3 '60.9'AACCBBSheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2020PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys East Mc+a> /oadPompano eacD #lorida tel BaT $/,2P&+CSSStDecDappellgroupcomof :Date:Proj No.:EXISTING CONDITIONS1619-00508/24/20204206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04 ' NAVDNOTE: SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC. ELEVATIONS SHOWNAS NAVD88.LEGENDEXISTING CONCRETE SEAWALL TOREMAIN (±300.4 LN. FT.)EXISTING WOOD DOCK TO BE REMOVED(±197 SQ. FT)SUBJECT SITE (0.55 AC)EXISTING PADDLE GRASS (Halophiladecipiens; ±1% COVERAGE; ±288 SQ. FT.)Southeast DistrictPermit Number 50-0221786-005-EIPage 30 62.5' OFFSETFROM EAST EDGEOF ICWWPROPOSED 6" STEPS(BY OTHERS)3.5'146.1'10 0 . 3 '9.1'2.5'3.5'5.0'25. 0 '25.0'75.7'13.2'40.0'15.9' 17.0' 12.5'40.0'18.0'AACCPROPOSEDBOATLIFTBBSheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2020PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys East Mc+a> /oadPompano eacD #lorida tel BaT $/,2P&+CSSStDecDappellgroupcomof :Date:Proj No.:PROPOSED CONDITIONS2619-00508/24/20204206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04' NAVDLEGENDNOTES:1.SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.2.PROPOSED SEAWALL WAS PREVIOUSLYAUTHORIZED UNDER USACOE PERMIT No.SAJ-1995-02049(NWGP-JKA) AND FDEP ERPNo. 50-0221786-003-004-EE.3.TOTAL OVERWATER SQUARE FOOTAGE IS1,387 SQ. FT.EXISTING CONCRETE SEAWALL TOREMAIN (±300.4 LN. FT.)SUBJECT SITE (0.55 AC)PREVIOUSLY AUTHORIZED CONCRETESEAWALL W/ 3.0' CAP (±304.8 LN. FT.;±457.5 SQ. FT. OVERWATER)*PROPOSED CONCRETE DOCK (±564 SQ.FT.)PROPOSED ±1.0' CONCRETE NOTCHABOVE CAP/DOCK (±309.5 LN. FT.)PROPOSED JET SKI LIFT WITH 12 INCHEDSPACED DECK BOARDS (±225 SQ. FT.)PROPOSED WOOD DOCK (±140 SQ. FT.)EXISTING PADDLE GRASS (Halophiladecipiens; ±1% COVERAGE; ±288 SQ. FT.)Southeast DistrictPermit Number 50-0221786-005-EIPage 31 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALL±24.0'DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING BOATLIFT±21.3'DISTANCE FROM PL TO EDGE OF EXISTING BOATLIFTEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING ±4.8' WOODDOCK TO BE REMOVEDEXISTING BATTERPILE TO BE REMOVEDEXISTING WOODPILINGS TO BEREMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±9.1'DISTANCE FROM PROPOSED WETFACE TO EDGE OFPROPOSED DOCK±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 6.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESEXISTING BOATLIFT TOBE REMOVEDPROPOSED ±3.5' CONCRETE DOCK±6.5' NAVDTWENTY-TWO (22)PROPOSED CONCRETE12-INCH PILINGS±5.0'PROPOSED CONCRETE NOTCH 7.5' NAVDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILEDISTANCE FROM EDGE OF PROPOSED DOCK TO EAST EDGE OF ICWW±75.7'INTRACOASTAL WATERWAYDISTANCE FROM EDGE OF EXISTING BOATLIFT TO EASTEDGE OF ICWW±60.9'±1.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2020PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys East Mc+a> /oadPompano eacD #lorida tel BaT $/,2P&+CSSStDecDappellgroupcomof :Date:Proj No.:SECTIONS3619-00508/24/20204206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-005-EIPage 32 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING BATTERPILE TO BE REMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±8.4'DISTANCE FROM PROPOSED WETFACE TO EDGE OFPROPOSED DOCK±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDCANAL±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 6.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESPROPOSED ±3.5' WOOD DOCK±5.5' NAVDTWENTY-TWO (22)PROPOSED CONCRETE12-INCH PILINGS±5.0'PROPOSED CONCRETE NOTCH 7.5' NAVDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILECANALPROPOSED CONCRETE NOTCH 7.5' NAVDPROPOSED STEPS BY OTHERS±3.5'DISTANCEFROMEXISTINGWETFACETO EDGE OFEXISTINGCAP±1.5'DISTANCEFROM PL TOEDGE OFEXISTINGCAP±1.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2020PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys East Mc+a> /oadPompano eacD #lorida tel BaT $/,2P&+CSSStDecDappellgroupcomof :Date:Proj No.:SECTIONS4619-00508/24/20204206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-005-EIPage 33 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALL±3.1'DISTANCEFROMEXISTINGWETFACETO EDGE OFEXISTINGCAP±1.5'DISTANCEFROM PL TOEDGE OFEXISTINGCAPEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING BATTERPILE TO BE REMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±17.0'DISTANCE FROM PROPOSED WETFACE TO EDGE OFPROPOSED JET SKI LIFT±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED JET SKI LIFTEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDCANAL±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 6.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESEIGHT (8) PROPOSEDCONCRETE 12-INCH LIFTPILINGS±14.0'PROPOSED CONCRETE NOTCH 7.5' NAVDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILECANALPROPOSED 12.5' JET SKILIFT WITH 12 INCHEDSPACED DECK BOARDS±20.0'DISTANCE FROM EDGE OF EXISTING CAP TO EXISTINGPADDLE GRASS±6.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2020PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys East Mc+a> /oadPompano eacD #lorida tel BaT $/,2P&+CSSStDecDappellgroupcomof :Date:Proj No.:SECTIONS5619-00508/24/20204206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-005-EIPage 34 CONSTRUCTION BARGE(TYP.)30.0'90.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2020PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys East Mc+a> /oadPompano eacD #lorida tel BaT $/,2P&+CSSStDecDappellgroupcomof :Date:Proj No.:DETAILS6619-00508/24/20204206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-005-EIPage 35 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 January 13, 2020 Non Sibi LLC c/o Randi Stanley 4202 and 4206 Intracoastal Drive Highland Beach, Florida 33487 Re: File No.: 50-0221786-003-004-EE File Name: Non Sibi, LLC Seawall Dear Mr. Stanley: On December 20, 2019, we received your application for an Individual and Conceptual Approval Environmental Resource Permit and Authorization to Use State-Owned Submerged Lands, and with your permission downgraded the application to a request for verification of exemption to perform the following activities: (1) remove an existing 197 sq. ft. dock and boatlift, (2) remove 300 ln. ft. of an existing seawall footer, (3) install a 305 ln. ft. seawall within 18 inches waterward (wetface to wetface) on an existing seawall, (4) construct a seawall cap over-pour along an existing 305 ln. ft. seawall. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 4202 and 4206 Intracoastal Drive, Highland Beach (Section 24, Township 43 South, Range 47 East), in Palm Beach County (Latitude N 26 24’ 5.3368, Longitude W 80 4’ 6.8674). 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. Page 36 Project No.: 50-0221786-003-004-EE Project Name: Non Sibi, LLC Seawall Page 2 of 5 If you have any questions regarding this matter, please contact Dezarae’ Fagan at the letterhead address or at 561-681-6609, Dezarae.Fagan@FloridaDEP.gov . 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(12)(b), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. Based on the information submitted, the Department has determined that the removal of the existing 197 sq. ft. dock, boatlift, and 300 ln. ft. of an existing seawall footer is exempt, under Section 373.406(6) of the Florida Statutes, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This determination is made because the activity, in consideration of its type, size, nature, location, use, and operation, is expected to have only minimal or insignificant individual or cumulative adverse impacts on the water resources. 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. Page 37 Project No.: 50-0221786-003-004-EE Project Name: Non Sibi, LLC Seawall Page 3 of 5 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 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. Page 38 Project No.: 50-0221786-003-004-EE Project Name: Non Sibi, LLC Seawall Page 4 of 5 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 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 Page 39 Project No.: 50-0221786-003-004-EE Project Name: Non Sibi, LLC Seawall Page 5 of 5 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. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ Dezarae’ Fagan Environmental Specialist I Southeast District Enclosures: Attachment A- Specific Exemption Rule Project drawings, 5 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, Dezarae’ Fagan Tyler Chappell, The Chappell Group. Inc. tyler@thechappellgroup.com Jena Robbins, The Chappell Group, Inc. jena@thechappellgroup.com 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. January 13, 2020____________ Clerk Date Page 40 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. (12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap, and Ot her Shoreline Stabilization ‒ (b) The restoration of a seawall or riprap under section 403.813(1)(e), F.S., where: 1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event, such as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair and does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I for factors used to determine qualification under this provision; 2. Restoration shall be no more than 18 inches waterward of its previous location, as measured from the waterward face of the existing seawall to the face of the restored seawall, or from the waterward slope of the existing riprap to the waterward slope of the restored riprap; and 3. Applicable permits under chapter 161, F.S., are obtained. 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 Chapter 373.406 Exemptions.—The following exemptions shall apply: (6) Any district or the department may exempt from regulation under this part those activities that the district or department determines will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the district. The district and the department are authorized to determine, on a case-by-case basis, whether a specific activity comes within this exemption. Requests to qualify for this exemption shall be submitted in writing to the district or department, and such activities shall not be commenced without a written determination from the district or department confirming that the activity qualifies for the exemption Page 41 95. 9 ' 2 4 . 4 '34.0'146.1'3.5'4.8'41. 0 '15.8'13. 4 '24.0'A A 21.3'28. 3 '60.9'BBSheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:EXISTING CONDITIONS1519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04 ' NAVDNOTE: SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC. ELEVATIONS SHOWNAS NAVD88.LEGENDEXISTING CONCRETE SEAWALL TO5(0$,1/1)7EXISTING WOOD DOCK TO BE REMOVED64)7SUBJECT SITE (0.55 AC)Southeast DistrictPermit Number 50-0221786-003-004-EEPage 42 3.5'2 4 . 4 '34.0 '146.1'10 0 . 3 ' A A 3.0'79.2'BB5.6'4.2'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:PROPOSED CONDITIONS2519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04' NAVDLEGENDNOTE: SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.EXISTING CONCRETE SEAWALL TO5(0$,1/1)7SUBJECT SITE (0.55 AC)PROPOSED CONCRETE SEAWALL W/ 3.0'&$3/1)7Southeast DistrictPermit Number 50-0221786-003-004-EEPage 43 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALL±24.0'DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING DOCK±21.3'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING ±4.8' WOODDOCK TO BE REMOVEDEXISTING BATTERPILE TO BE REMOVEDEXISTING WOODPILINGS TO BEREMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±5.6'±1.5'DISTANCE FROMPL TO EDGE OFPROPOSED CAPEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 5.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESEXISTING BOATLIFT TOBE REMOVEDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILEDISTANCE FROM EDGE OF PROPOSED DOCK TO EAST EDGE OF ICWW±79.2'INTRACOASTAL WATERWAYDISTANCE FROM EDGE OF PROPOSED DOCK TO EASTEDGE OF ICWW±60.9'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:SECTIONS3519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEY'Southeast DistrictPermit Number 50-0221786-003-004-EEPage 44 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALL±24.0'DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING DOCK±21.3'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING ±4.8' WOODDOCK TO BE REMOVEDEXISTING BATTERPILE TO BE REMOVEDEXISTING WOODPILINGS TO BEREMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±4.2'±1.5'DISTANCE FROM PLTO EDGE OFPROPOSED CAPEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 5.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESEXISTING BOATLIFT TOBE REMOVEDPROPOSED CONCRETE NOTCH 6.5' NAVDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILEINTRACOASTAL WATERWAYDISTANCE FROM EDGE OF PROPOSED DOCK TO EASTEDGE OF ICWW±60.9'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:SECTIONS4 519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEY'300 ln. ft. of footer to be removed Southeast DistrictPermit Number 50-0221786-003-004-EEPage 45 CONSTRUCTION BARGE(TYP.)30.0'90.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:DETAILS5519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-003-004-EEPage 46 Regulatory Division South Branch Palm Beach Gardens Section SAJ-1995-02049(NWGP-VEK) Randy Stanley NON SIBI LLC 4206 Intracoastal Drive Highland Beach, FL 33487 Dear Mr. Stanley: Your application for a Department of the Army permit received on July 09, 2020, has been assigned number SAJ-1995-02049(NWGP-VEK). A review of the information and drawings provided shows the proposed work includes the following: • construction of a 564 ft2 concrete dock and a 140 ft2 wooden dock (RGP SAJ 20) • installation of an uncovered boat lift and an uncovered jet ski lift (RGP SAJ 20) • construction of a 309.5 ft x 1 ft concrete notch above a previously authorized seawall and cap (NWP 13) 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 adjacent to 4202 & 4206 Intracoastal Drive in Highland Beach, Section 04, Township 47 South, Range 43 East within navigable Waters of the United States in the Intracoastal Waterway and an unnamed canal, Palm Beach County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 13. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2022. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 82, dated January 6, 2017, specifically pages 1983 to 2008, and the table of Regional Conditions. The Internet page address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 October 28, 2020 Page 47 -2- Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on “Source Book”; and, then click on “Nationwide Permits.” These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 13. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required. Your project, as depicted on the enclosed drawings, is also authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on “Source Book”; and, then click on “General Permits.” Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project-specific conditions noted below, or you may be subject to enforcement action. The following project-specific conditions are included with this authorization: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to 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-1995-02049 (NWGP -VEK), on all submittals. 2. As-Built with X-Y Coordinates: Within 60 days of completion of the authorized work, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (Attachment 3) to the Corps. The drawings shall Page 48 -3- be signed and sealed by a surveyor licensed under Florida Statute 472 and include the following: a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) on 8½-inch by 11-inch paper. The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure and a point at the mean high water line (MHWL) or the face of the bulkhead/seawall, if present. The drawings shall include: 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 bottom edge of the channel. b. Listing 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 not e the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers. c. Placement of the Department of the Army Permit number on all shee ts submitted. 3. 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 30-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 Page 49 -4- 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 30 -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 p ermit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archaeologist and from 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 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. Jacksonville District Programmatic Biological Opinion (JAXBO), November 2017, Project Design Criteria (PDCs): Structures authorized under this permit must comply with all applicable PDCs, based on the permitted activity, as required by JAXBO. Please note that failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take, and noncompliance with this permit. The NMFS is the appropriate authority to enforce the terms and conditions of JAXBO. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division internet webpage in the Endangered Species section of the Sourcebook located at: http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx 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 4). 7. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 5). Page 50 -5- 8. Daylight Hours: All activities must be completed during daylight hours. 9. 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. 10. JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation: The maximum number of concrete piles installed via impact hammer per day is limited to no more than 5 piles per day. The maximum number of wooden piles installed via impact hammer per day is limited to no more than 10 piles per day. 11. 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. 12. Federal Channel Setback: The most waterward edge of the authorized project shall be constructed approximately 75.57 feet from the near edge of the federal channel. 13. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Authorization” form (Attachment 6) 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. 14. 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 7). 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 buildi ng 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 Page 51 -6- 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 Virginia King by telephone at 561-472-3515. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Sincerely, Virginia King Project Manager Enclosures Attachment 1: General Conditions Attachment 2: DA Permit Transfer Request Form Attachment 3: As-Built Certification Form Attachment 4: PDC’s for In-Water Activities Attachment 5: Standard Manatee Conditions for In-Water Work Attachment 6: Notice of Permit Form Attachment 7: Commencement Notification Form Attachment 8: Plan Drawings Page 52 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 the dates 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 53 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-1995-02049(NWGP-VEK) 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 transf eree 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 54 AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Within sixty (60) days of completion of the authorized work, submit this form and one set of as- built engineering drawings via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, but 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. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3697. 1.Department of the Army Permit Number: SAJ-1995-02049(NWGP-VEK) 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 55 -2- Dated 9/18/2019 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 56 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 57 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 58 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 59 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 60 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 61 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-1995-02049 (NWGP-VEK) to NON SIBI LLC (Permittee) on October 28, 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 4202 & 4206 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 the Intracoastal Waterway and an unnamed canal. 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 62 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-1995-02049 (NWGP-VEK) 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____________ Page 63 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-1995-02049(NWGP-VEK) 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 64 SUBJECT SITE INTRACOASTAL DRBE L L I D O D RINTRACOASTAL WATERWAYS OCEAN BLVDTHIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species SurveysGROUPINC.www.thechappellgroup.com Chappell 714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 INC.of :Date: Proj No.: Sheet : 1DAVE & RANDI STANLEY 4206 INTRACOASTAL DRIVE 7/29/2020 19-0050 1 APPENDIX A - LOCATION MAP NORTH N.T.S Page 65 95.9'146.1'3.5'4.8'41.0'15.8'13.4'24.0' 21.3 '28.3'60.9' A A C C B B Sheet : THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species Surveys714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 GROUP INC.www.thechappellgroup.com of :Date: Proj No.: EXISTING CONDITIONS 1619-0050 8/24/2020 4206 INTRACOASTAL DRIVE DAVE & RANDI STANLEY NORTH SCALE 1" = 30' M.H.W. = 0.35' NAVD M.L.W. = (-)2.04 ' NAVD NOTE: SURVEY INFORMATION PROVIDED BY BASELINE LAND SURVEY LLC. ELEVATIONS SHOWN AS NAVD88. LEGEND EXISTING CONCRETE SEAWALL TO REMAIN (±300.4 LN. FT.) EXISTING WOOD DOCK TO BE REMOVED (±197 SQ. FT) SUBJECT SITE (0.55 AC) EXISTING PADDLE GRASS (Halophila decipiens; ±1% COVERAGE; ±288 SQ. FT.) Page 66 62.5' OFFSET FROM EAST EDGE OF ICWW PROPOSED 6" STEPS (BY OTHERS)3.5'146.1'100.3'9.1'2.5'3.5' 5.0'25.0'25.0' 75.7 ' 13.2' 40.0'15.9'17.0'12.5'40.0'18.0' A A C C PROPOSED BOATLIFT B B Sheet : THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species Surveys714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 GROUP INC.www.thechappellgroup.com of :Date: Proj No.: PROPOSED CONDITIONS 2619-0050 8/24/2020 4206 INTRACOASTAL DRIVE DAVE & RANDI STANLEY NORTH SCALE 1" = 30' M.H.W. = 0.35' NAVD M.L.W. = (-)2.04' NAVD LEGEND NOTES: 1. SURVEY INFORMATION PROVIDED BY BASELINE LAND SURVEY LLC. 2. PROPOSED SEAWALL WAS PREVIOUSLY AUTHORIZED UNDER USACOE PERMIT No. SAJ-1995-02049(NWGP-JKA) AND FDEP ERP No. 50-0221786-003-004-EE. 3. TOTAL OVERWATER SQUARE FOOTAGE IS 1,387 SQ. FT. EXISTING CONCRETE SEAWALL TO REMAIN (±300.4 LN. FT.) SUBJECT SITE (0.55 AC) PREVIOUSLY AUTHORIZED CONCRETE SEAWALL W/ 3.0' CAP (±304.8 LN. FT.; ±457.5 SQ. FT. OVERWATER)* PROPOSED CONCRETE DOCK (±564 SQ. FT.) PROPOSED ±1.0' CONCRETE NOTCH ABOVE CAP/DOCK (±309.5 LN. FT.) PROPOSED JET SKI LIFT WITH 12 INCHED SPACED DECK BOARDS (±225 SQ. FT.) PROPOSED WOOD DOCK (±140 SQ. FT.) EXISTING PADDLE GRASS (Halophila decipiens; ±1% COVERAGE; ±288 SQ. FT.) Page 67 -5.0' -8.0' EXISTING WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL ±24.0' DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING BOATLIFT ±21.3' DISTANCE FROM PL TO EDGE OF EXISTING BOATLIFT EXISTING SEAWALL AND CAP TO REMAIN ±3.6' NAVD ±3.6' EXISTING ±4.8' WOOD DOCK TO BE REMOVED EXISTING BATTER PILE TO BE REMOVED EXISTING WOOD PILINGS TO BE REMOVED NOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE -5.0' -8.0' PROPOSED WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL ±9.1' DISTANCE FROM PROPOSED WETFACE TO EDGE OF PROPOSED DOCK ±1.5' DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTY VARIES EXISTING SEAWALL AND CAP TO REMAIN ±3.6' NAVD INTRACOASTAL WATERWAY ±2.5' THIRTY-TWO (32) PROPOSED CONCRETE BATTER PILES PL PROPOSED CONCRETE PANEL SEAWALL PROPOSED SEAWALL CAP 6.5' NAVD EXISTING KING PILE TO REMAIN PROPOSED KING PILE PLEXISTING UPLAND PROPERTY VARIES EXISTING BOATLIFT TO BE REMOVED PROPOSED ±3.5' CONCRETE DOCK ±6.5' NAVD TWENTY-TWO (22) PROPOSED CONCRETE 12-INCH PILINGS ±5.0' PROPOSED CONCRETE NOTCH 7.5' NAVD PROPOSED CLEAN BACKFILL EXISTING FOOTER TO BE REMOVED EXISTING KING PILE DISTANCE FROM EDGE OF PROPOSED DOCK TO EAST EDGE OF ICWW ±75.7' INTRACOASTAL WATERWAYDISTANCE FROM EDGE OF EXISTING BOATLIFT TO EAST EDGE OF ICWW ±60.9' ±1.0' Sheet : THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species Surveys714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 GROUP INC.www.thechappellgroup.com of :Date: Proj No.: SECTIONS 3619-0050 8/24/2020 4206 INTRACOASTAL DRIVE DAVE & RANDI STANLEY Page 68 -5.0' -8.0' EXISTING WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL EXISTING SEAWALL AND CAP TO REMAIN ±3.6' NAVD ±3.6' EXISTING BATTER PILE TO BE REMOVED NOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE -5.0' -8.0' PROPOSED WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL ±8.4' DISTANCE FROM PROPOSED WETFACE TO EDGE OF PROPOSED DOCK ±1.5' DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTY VARIES EXISTING SEAWALL AND CAP TO REMAIN ±3.6' NAVD CANAL ±2.5' THIRTY-TWO (32) PROPOSED CONCRETE BATTER PILES PL PROPOSED CONCRETE PANEL SEAWALL PROPOSED SEAWALL CAP 6.5' NAVD EXISTING KING PILE TO REMAIN PROPOSED KING PILE PLEXISTING UPLAND PROPERTY VARIES PROPOSED ±3.5' WOOD DOCK ±5.5' NAVD TWENTY-TWO (22) PROPOSED CONCRETE 12-INCH PILINGS ±5.0' PROPOSED CONCRETE NOTCH 7.5' NAVD PROPOSED CLEAN BACKFILL EXISTING FOOTER TO BE REMOVED EXISTING KING PILE CANAL PROPOSED CONCRETE NOTCH 7.5' NAVD PROPOSED STEPS BY OTHERS ±3.5' DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING CAP ±1.5' DISTANCE FROM PL TO EDGE OF EXISTING CAP ±1.0' Sheet : THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species Surveys714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 GROUP INC.www.thechappellgroup.com of :Date: Proj No.: SECTIONS 4619-0050 8/24/2020 4206 INTRACOASTAL DRIVE DAVE & RANDI STANLEY Page 69 -5.0' -8.0' EXISTING WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL ±3.1' DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING CAP ±1.5' DISTANCE FROM PL TO EDGE OF EXISTING CAP EXISTING SEAWALL AND CAP TO REMAIN ±3.6' NAVD ±3.6' EXISTING BATTER PILE TO BE REMOVED NOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE -5.0' -8.0' PROPOSED WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL ±17.0' DISTANCE FROM PROPOSED WETFACE TO EDGE OF PROPOSED JET SKI LIFT ±1.5' DISTANCE FROM PL TO EDGE OF PROPOSED JET SKI LIFTEXISTING UPLAND PROPERTY VARIES EXISTING SEAWALL AND CAP TO REMAIN ±3.6' NAVD CANAL ±2.5' THIRTY-TWO (32) PROPOSED CONCRETE BATTER PILES PL PROPOSED CONCRETE PANEL SEAWALL PROPOSED SEAWALL CAP 6.5' NAVD EXISTING KING PILE TO REMAIN PROPOSED KING PILE PLEXISTING UPLAND PROPERTY VARIES EIGHT (8) PROPOSED CONCRETE 12-INCH LIFT PILINGS ±14.0'PROPOSED CONCRETE NOTCH 7.5' NAVD PROPOSED CLEAN BACKFILL EXISTING FOOTER TO BE REMOVED EXISTING KING PILE CANAL PROPOSED 12.5' JET SKI LIFT WITH 12 INCHED SPACED DECK BOARDS ±20.0' DISTANCE FROM EDGE OF EXISTING CAP TO EXISTING PADDLE GRASS ±6.0' Sheet : THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species Surveys714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 GROUP INC.www.thechappellgroup.com of :Date: Proj No.: SECTIONS 5619-0050 8/24/2020 4206 INTRACOASTAL DRIVE DAVE & RANDI STANLEY Page 70 CONSTRUCTION BARGE (TYP.) 30.0'90.0'Sheet : THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. ©THE CHAPPELL GROUP, INC. 2020 PREPARED FOR: x Environmental Consultants x Marina & Wetland Permitting x Mitigation Design & Monitoring x T&E Species Surveys714 East McNab Road Pompano Beach, Florida 33060 tel. 954.782.1908 fax. 954.782.1108 GROUP INC.www.thechappellgroup.com of :Date: Proj No.: DETAILS 6619-0050 8/24/2020 4206 INTRACOASTAL DRIVE DAVE & RANDI STANLEY Page 71 Page 72 Page 73 Regulatory Division South Branch Palm Beach Gardens Permits Section SAJ-1995-02049(NW GP-JKA) Randi Stanley NON SIBI LLC 4206 Intracoastal Drive Highland Beach, Florida 33487 Dear Ms. Stanley: Your application for a Department of the Army permit received on December 20, 2019, has been assigned number SAJ-1995-02049. A review of the information and drawings provided shows the proposed work is to (1) remove an existing marginal dock, boat lift, and seawall footer; (2) install a new concrete 305 linear foot seawall within 18 inches waterward of the existing as measured from wet face to wet face from the existing wall; (3) install a 30-inch wide by 305 foot long concrete seawall cap, with 18 inches over the water; and (4) install thirty-two 12-inch concrete batter piles and thirty- two 12-inch concrete king piles adjacent to the proposed seawall. The applicant proposes to install wall and piling using a barge mounted impact hammer. 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), and Section 404 of the Clean Water Act (33 U.S.C. § 1344). The project is located within the Intracoastal Waterway, Waters of the United States, adjacent to 4206 Intracoastal Drive, Section 24, Township 43 South, Range 47 East, Highland Beach, Palm Beach County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 13. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2022. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 82, dated January 6, 2017, specifically pages 1983 to 2008, and the table of Regional Conditions. The Internet page address is: DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 March 11, 2020 Page 74 -2- http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on “Source Book”; and, then click on “Nationwide Permits.” These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the region al conditions, which apply specifically to this verification for NWP 13. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any pr oject specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required. Your project, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on “Source Book”; and, then click on “General Permits.” Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project-specific conditions noted below, or you may be subject to enforcement action. The following project-specific conditions are included with this authorization: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to 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, Florida 32232-0019. The Permittee shall reference this permit number, SAJ-1995-02049 (GP/NW - JKA), on all submittals. Page 75 -3- 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 2). 3. Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way for identify 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 904-232-3727. 4. As -Built Certification 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 3) 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 waterward point of the structure. The drawings shall include the dimensions of the structure, depth of water (at mean low water) at the waterward end of the structure, and the distance from the waterward end of the structure to the near design edge of the Federal channel. b. List 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 . Page 76 -4- c. The Department of the Army Permit number. 5. 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. 6. Notice of Permit: The Permittee shall complete and record the enclosed Notice of Department of the Army Permit (Attachment 4) 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 ef fective 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. 7. Federal Channel Setback: The most waterward edge authorized project shall be constructed no more than 78.9 feet from the near edge of the federal channel as shown in Attachment 1. 8. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 9. Work Vessel Anchoring: This permit does not authorize construction work vessels anchoring or spudding down in areas where submerged aquatic vegetation is present. 10. Staked Turbidity Barriers: Prior to the initiation of construction activities within the residential canal, adjacent to the existing Halophila decipiens seagrass bed, the applicant shall install a staked turbidity barrier, parallel to the work area to Page 77 -5- ensure sediments will not adversely affect the adjacent submerged aquatic vegetation. 11. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 5). 12. 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 6). 13. Daylight Hours: All activities must be completed during daylight hours. 14. Construction Location: Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited. 15. PDCs for In-Water Noise from Pile and Sheet Pile Installation: The maximum number of piles installed per day is limited to no more than 5 piles per day. 16. Cultural Resources: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground- disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the 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 Page 78 -6- 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. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP and RGP, please contact Jerilyn Ashworth by telephone at 561-472-3516. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Page 79 -7- Sincerely, Jerilyn Ashworth Project Manager Enclosures cc: CESAJ-RE CESAJ-RD-E Jena Robbins, The Chappell Group Page 80 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 81 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-1995-02049(NW/GP-JKA) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 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 82 ATTACHMENT 1: SAJ-1995-02049 Page 83 Page 84 CUT P-76 N 751923. 959(Y) E 960507. 458(><) McLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING * SURVEYING *PLATT/NG * LAND PLANNING 1700 N. W. 64th STREET #400, FORT LAUDERDALE, FLORIDA 33309 PHONE {954) 763-7611 * EMAIL : INFO@MEC0400.COM 100 1 CANAL LOT 24 N 752736.593(Y) E 961224.718(X)' LOT 29 GRAPHIC SCALE 60 0 30 60 ~ .... --I I ( IN FEET ) 1 inch = 60 ft. FIELD BOOK NO. _Ei_FB_&_P._'R._~N_T ______ _ JOB ORDER NO. _V-_4_8_1_1 -------- 120 I DRAWN BY: _JM._'M_'J_ir ________ _ CHECKED BY.· ----------- C: \JMMjr/2019/UV4811(XY) Page 85 95. 9 ' 2 4 . 4 '34.0'146.1'3.5'4.8'41. 0 '15.8'13. 4 '24.0'A A 21.3'28. 3 '60.9'BBSheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:EXISTING CONDITIONS1 519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30'M.H.W. = 0.35' NAVDM.L.W. = (-)2.04 ' NAVDNOTE: SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC. ELEVATIONS SHOWNAS NAVD88.LEGENDEXISTING CONCRETE SEAWALL TO5(0$,1/1)7EXISTING WOOD DOCK TO BE REMOVED64)7SUBJECT SITE (0.55 AC)Page 86 3.5'2 4 . 4 '34.0 '146.1'10 0 . 3 ' A A 3.0'79.2'BB5.6'4.2'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:PROPOSED CONDITIONS2 519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30'M.H.W. = 0.35' NAVDM.L.W. = (-)2.04' NAVDLEGENDNOTE: SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.EXISTING CONCRETE SEAWALL TO5(0$,1/1)7SUBJECT SITE (0.55 AC)PROPOSED CONCRETE SEAWALL W/ 3.0'&$3/1)7Page 87 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALL±24.0'DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING DOCK±21.3'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING ±4.8' WOODDOCK TO BE REMOVEDEXISTING BATTERPILE TO BE REMOVEDEXISTING WOODPILINGS TO BEREMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±5.6'±1.5'DISTANCE FROMPL TO EDGE OFPROPOSED CAPEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 5.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESEXISTING BOATLIFT TOBE REMOVEDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILEDISTANCE FROM EDGE OF PROPOSED DOCK TO EAST EDGE OF ICWW±79.2'INTRACOASTAL WATERWAYDISTANCE FROM EDGE OF PROPOSED DOCK TO EASTEDGE OF ICWW±60.9'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:SECTIONS3 519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEY'Page 88 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETE PANEL SEAWALL±24.0'DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING DOCK±21.3'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVD±3.6'EXISTING ±4.8' WOODDOCK TO BE REMOVEDEXISTING BATTERPILE TO BE REMOVEDEXISTING WOODPILINGS TO BEREMOVEDNOTE PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE-5.0'-8.0'PROPOSEDWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDEXISTING CONCRETEPANEL SEAWALL±4.2'±1.5'DISTANCE FROM PLTO EDGE OFPROPOSED CAPEXISTING UPLAND PROPERTYVARIESEXISTING SEAWALL AND CAPTO REMAIN ±3.6' NAVDINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) PROPOSEDCONCRETE BATTER PILESPLPROPOSED CONCRETE PANEL SEAWALLPROPOSED SEAWALL CAP 5.5' NAVDEXISTING KING PILETO REMAINPROPOSED KING PILEPLEXISTING UPLAND PROPERTYVARIESEXISTING BOATLIFT TOBE REMOVEDPROPOSED CONCRETE NOTCH 6.5' NAVDPROPOSED CLEAN BACKFILLEXISTING FOOTERTO BE REMOVEDEXISTING KING PILEINTRACOASTAL WATERWAYDISTANCE FROM EDGE OF PROPOSED DOCK TO EASTEDGE OF ICWW±60.9'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:SECTIONS4519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEY'Page 89 CONSTRUCTION BARGE(TYP.)30.0'90.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2019PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Phase I ESAs714 East McNab RoadPompano Beach, Florida 33060tel. 954.782.1908fax. 954.782.1108GROUPINC.www.thechappellgroup.comof :Date:Proj No.:DETAILS5 519-005012/17/20194206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYPage 90 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-1995-02049(GP/NW-JKA) 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 ATTACHMENT 2: SAJ-1995-02049 Page 91 AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Within sixty (60) days of completion of the authorized work, submit this form and one set of as- built engineering drawings via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, but 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. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3131. 1. Department of the Army Permit Number: SAJ-1995-02049(GP/NW-JKA) 2. Permittee Information: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ 3. Project Site Identification (physical location/address): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on-site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings. ________________________________ _______________________________________ Signature of Engineer Name (Please type) ________________________________ _______________________________________ (FL, PR, or VI) Reg. Number Company Name ________________________________ _____________________ ____________ City State ZIP (Affix Seal) ___________________________________ _______________________________________ ATTACHMENT 3: SAJ-1995-02049 Page 92 -2- Dated 9/18/2019 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 93 Prepared by: Permittee: ____________________________ Address: _____________________________ _____________________________________ Phone:_______________________________ NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE the United States Army Corps of Engineers (Corps) has issued a permit or verification SAJ-1995-02049 to Non Sibi LLC (Permittee) on March 11, 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: 24-43-47-04-02-004-0250 located at 4206 Intracoastal Drive, Section 24, Township 43 South, Range 47 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. ATTACHMENT 4: SAJ-1995-02049 Page 94 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-1995-02049 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____________ Page 95 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) f or 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. ATTACHMENT 5: SAJ-1995-02049 Page 96 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 97 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 ATTACHMENT 6: SAJ-1995-02049 Page 98 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 99 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 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Other Related Documentation for Development Approval Application # 20=0001 Property: 4206 Intracoastal Drive CHOEFF LEVY FISCHMAN ARCHITECTURE + DESIGN 03/06/2020 PLANNING COMMENTS: MAR ® 6 2020 HIGHLAND BEACH BUILDING DEPARTMENT 1.Provide one (1) hardcopy 24X36 plan set as well as electronic version of resubmitted plan set. r Will be submitted both hard copy and electronically. 4206 Intracoastal Drive Highland Beach, FL. 2.Pursuant to the definition of "building height" found in Section 30-131 of theJown Code, provide on all elevation sheets a finished floor elevation measurem t >. All elevations sheets provide finish floor elevation measurement. 3.Site Plan comments (sheet A-0.4): a. Provided front setback on tabular data indicates 26' 6"; however, site plan provides measurement of 26 1 . Revise accordingly and please be sure all tabular data matches dimensions noted on site plan. Tabular data revised. See sheet A-0.4 b. 'Provided rear pool setback on tabular data indicates 10'6"; however, site plan )' provides a different measurement (12'11" and 114" respectively). Tabular data revised. See sheet A-0.4 \c Remove landscape and floor plan layer. ,Landscape & floor plan layer turned off. See sheet A-0.4 d. `Line of overhang' is encroaching into front and rear setbacks at several locations. Pursuant to Section 30-68(p), overhangs may not project more than three (3) feet in required setbacks. Provide measurement of each encroachment on site plan. All overhands dimensions provided. See sheet A-0.4 Part of covered terrace is located within rear setback �rg� i MAR d 6 2020 HIGHLAND BEACH Revise accordingly.`-��-�� 126�)ARTMENT Covered Terrace was revised and placed within setback. See sheet A-0.4 l \f, Site plan shows two (2) lounge chairs and a table with four (4) chairs on either side of pool, as well as other pool deck furniture, if these are not permanent structures, please remove from site plan. They have been removed from site plan. See sheet A-0.4 g'. Label area behind covered outdoor dining. Is this area part of pool deck? The area behind covered outdoor dining is a lawn planter with concrete stepping stones that lead into the pool deck. See sheet A-0.4 Pursuant to Section 30-680)(2) of the Town Code, dimension required 25 foot wide access to public or private right-of-way. Dimension for private right of way shown to comply with Town Code. See heet A-0.4 Remove reference and location of proposed dock location since not part of application request. Reference has been removed. See sheet A-0.4 Behind pool, there is a landscaping reference; however, the landscape plan does not provide any proposed landscaping. Clarify whether landscaping will be provided. It was representing lawn and to follow landscape plan. Landscape drawings show lawn only behind the pool. See sheet A-0.4 & L-1 CHOEFF LEVY FISCHMAN ARCHITECTURE + DESIGN 4206 Intracoastal Drive Highland Beach, FL. 03/06/2020 CIVIL COMMENTS: 0 2020 HIGHLANC) BEACH iJIL� G LPA- TMENT 1.Please revise Trench Drain Top elevation, proposed elevation at 4.10 is lower than S4 & S5 this will probably cause flooding in a rain event. The way this drainage system is supposed to work is as follows: The drainage regulations require the site to retain 0.72 acre inches of stormwater on site. - After the exfiltration trench reaches capacity (0.72 acre inches) the excess stormwater, if any, is allowed to discharge to the City's drainage system. The top elevation of the exfiltration trench is 4.00 and the grate elevation of the trench drain across the driveway is 4.10. Therefore, the exfiltration trench will be fully dosed before the excess stormwater can bubble up out of the trench drain and discharge to the City's drainage system �r-s A MAR 0 6 2020 HIGHLAND BEACH I BUIL�n..ING_DLEq, TMENT ! 1820 2nd Ave Nth Lake Worth, FL 33461 USA Telephone: 561-688-9996 Fax: 561-688-9688 E-Mai I: Idg0langdesigngroup.com LC 0000394 . LA 0001315 Date: 3/06/2020 Re: 4202/4206 Intracoastal Drive Highland Beach, Florida To: Planning and Zoning Plans Examiner Town of Highland Beach Below is a narrative of changes to the previously submitted plan, this list refers to the hardscape, landscape, landscape lighting, irrigation permit plans dated 3/6/2020 that we are re -submitting. Landscape: 4.a landscape provided behind the pool , 3 gallon ornamental native grasses on both ends and zoysia sod/turfgrass between pool and house 4.b tree note added per code section 28-5(a)(2)b required trees shall be minimum 14'oa ht, 3" caliper at planting Hardscape: 5.a noted pursuant to section 30-68(e) noted fences shall not to exceed six (6) feet Sincerely, John E. Lang ASLA, PLA, FNGA Lang Design Group, LLC ms 1 HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard w, Highland Beach, FL 33487 Ph: (561) 637-2012 SUBJECT: Non Sibi LLC — Development Approval No. 20-0001 ADDRESS: 4206 Intracoastal Drive ZONING DISTRICT: Residential Single -Family (RS) The Planning comments provided below are based on the Development Approval Application request (DO #20-0001) submitted to the Town on 2-11-20 for a proposed three (3) story single-family residence located at 4206 Intracoastal Drive. The property is zoned Residential Single -Family (RS) with a Future Land isesignation of Single Family. ide one (1)hardcopy 24X36 plan set as well as electronic version of resubmitted plan set. uant to the definition of "building height" found in Section 30-13D1 off the Town Code, provide on all eevaton sheets a finishe loor elevatio measurement. N Oft 3. Site Plan comments (sheet A-0.4 . Provided front setback on tabular data indicates 26' 6"; however, site plan provides measurement of 26'1". Revise accordingly and please be sure all tabular data matches dimensions noted on site plan. to/Provided rear pool setback on tabular data indicates 10'6"; how ver, site plan provides a different measurement (12 11 and 114"respectively). 15 ^nAA r�il� �""' N Oemove landscape and floor plan layer. d. 'Line of overhang' is encroaching into front and rear setbacks at several locations. Pursuant to Section 30-68(p), overhangs may not project more than three (3) feet in required setbacks. ;ride measurement of each encroachment on site plan. rt of covered terrace is located within rear setback. Revise accordingly. kf/Site plan shows two (2) lounge chairs and a table with four (4) chairs on either side of pool, as well as other pool deck furniture, if these are not permanent structures, please remove from site p. VZi�I area behind covered outdoor dining. Is this area part of pool deck? uant to Section 30-68(j)(2) of the Town Code, dimension required 25 foot -wide access to pu is or private right-of-way. ove reference and location of proposed dock location since not part of application request. ehind pool, there is a landscaping reference; however, the landscape plan does not provide any proposed landscaping. Clarify whether landscaping will be provided. 4. Land sc pe Plan comments (sheet 1-1-1-3):. See comment j above, landscape plan indicates landscaping behind pool; however, no landscaping material is proposed. Revise accordingly. jb.ursuant to Section 28-5(a)(2)b., immediately upon planting, trees shall be a minimum of 14 feet in height and shall have a minimum caliper of three inches. Several trees listed on Sheet L3 do not comply with this provision. Revise accordingly. 5. Hardscape Plan comments (sheet 1-11): a. Note that pursuant to Section 30-68(e), fences in residential districts shall not exceed six (6) feet. 6. As part of your resubmittal, provide a response document that addresses all comments. 7. Additional comments may be forthcoming. Should you have any questions regarding these comments, please feel free to contact me at (561) 637- 2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Date O TOWN OF HIGHLAND BEACH ta'D 3616 South Ocean Boulevard Highland Beach, FL 33487 Building Department Telephone (561) 278-4540/Fax (561) 278-2606 DEVLOPMENT APPROVAL SUBMITTAL CHECKLIST Submittal Requirement (Other requirements may apply, see Chapter 30 of the Highland Beach Code) SUBMIT EACH OF THE DOCUMENTS ON PAPER AND ON EITHER CD, E-MAIL, OR THUMB DRIVE • Development Approval Application $2,500.00 nonrefundable application fee I`�,ii=GMvED FEB 112020 HIGHLAND BEACH B<<I.LDING DEPARTMENT Date Staff Received - ,--------- - --------------------------------------------------_--------- .-------------------------------------------------- ------------------------------------------------- -- -- - - --- - - --- - -- - • Affidavit of Authorized Agent (if applicant is not owner) Deed or other Proof of Ownership _. • Architectural elevations, dimensioned site plan including required setbacks, location of walk and driveways, locationf pools etc. ONE LEDGER SIZE SET — oo _ ( >_ ___-WcVr _ r KW • Drainage Plans and drainage calculations (ONE LEDGER SIZE SET) G Landscape and Irrigation Plan (ONE LEDGER SIZE SET) Sealed and Signed Survey (one year old maximum) Separate application required for Construction Trailers, Sales Trailers and or Storage Containers, and signs, etc_ _ • One complete application I i • Site Lighting Plan dv" • Detailed written Description of Site Plan/Special Exception . 1 set of ledger size color renderings of each elevation of the house. Paper and digital. - 5 Ynttr�rr� . - - �e You will be required to submit 12 sets of ledger size plans when you are notified by staff that your project is scheduled for public hearing. 1 Ingrid Allen From: Ingrid Allen Sent: Wednesday, February 26, 2020 2:42 PM To: 'Javier Sanchez'; Paul Fischman Subject: 4206 Intracoastal Drive - Development Approval Application (#20-0001) Attachments: Cap_2-24-20.pdf; Building Off icial_2-26-20.pdf; Planner comments_2-26-20.pdf Javier/Paul: Please find attached staff comments based on your Development Approval application received on February 11, 2020. Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 P. (561) 637-2012 F. (561) 278-2606 www.highlandbeach.us PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 1 HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 ' • Ph: (561) 637-2012 SUBJECT: Non Sibi LLC — Development Approval No. 20-0001 ADDRESS: 4206 Intracoastal Drive ZONING DISTRICT: Residential Single -Family (RS) The Planning comments provided below are based on the Development Approval Application request (DO #20-0001) submitted to the Town on 2-11-20 for a proposed three (3) story single-family residence located at 4206 Intracoastal Drive. The property is zoned Residential Single -Family (RS) with a Future Land Use designation of Single Family. 1. Provide one (1) hardcopy 24X36 plan set as well as electronic version of resubmitted plan set. 2. Pursuant to the definition of "building height" found in Section 30-131 of the Town Code, provide on all elevation sheets a finished floor elevation measurement. 3. Site Plan comments (sheet A-0.4): a. Provided front setback on tabular data indicates 26' 6"; however, site plan provides measurement of 26'1". Revise accordingly and please be sure all tabular data matches dimensions noted on site plan. b. Provided rear pool setback on tabular data indicates 10'6"; however, site plan provides a different measurement (12'11" and 11'4" respectively). c. Remove landscape and floor plan layer. d. `Line of overhang' is encroaching into front and rear setbacks at several locations. Pursuant to Section 30-68(p), overhangs may not project more than three (3) feet in required setbacks. Provide measurement of each encroachment on site plan. e. Part of covered terrace is located within rear setback. Revise accordingly. f. Site plan shows two (2) lounge chairs and a table with four (4) chairs on either side of pool, as well as other pool deck furniture, if these are not permanent structures, please remove from site plan. g. Label area behind covered outdoor dining. Is this area part of pool deck? h. Pursuant to Section 30-68(j)(2) of the Town Code, dimension required 25 foot -wide access to public or private right-of-way. i. Remove reference and location of proposed dock location since not part of application request. j. Behind pool, there is a landscaping reference; however, the landscape plan does not provide any proposed landscaping. Clarify whether landscaping will be provided. 4. Landscape Plan comments (sheet 1-1-1-3): a. See comment j above, landscape plan indicates landscaping behind pool; however, no landscaping material is proposed. Revise accordingly. b. Pursuant to Section 28-5(a)(2)b., immediately upon planting, trees shall be a minimum of 14 feet in height and shall have a minimum caliper of three inches. Several trees listed on Sheet L3 do not comply with this provision. Revise accordingly. 5. Hardscape Plan comments (sheet 1-11): a. Note that pursuant to Section 30-68(e), fences in residential districts shall not exceed six (6) feet. 6. As part of your resubmittal, provide a response document that addresses all comments. 7. Additional comments may be forthcoming. Should you have any questions regarding these comments, please feel free to contact me at (561) 637- 2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Date Ingrid Allen From: Building Code Official Sent: Wednesday, February 26, 2020 9:21 AM To: Ingrid Allen Subject: 4206 Intracoastal Ingrid, I have performed a preliminary review of the drawings submitted for development in reference to the floodplain ordinance and have no comments at this time. The home is proposed for an elevation of 8.0' NAVD which exceeds the FEMA BFE by 2' and the FBC requirement of 7' for the AE flood zone that they are in. The home does not appear to be in a floodway. Sincerely, Jeff Remas Building Official Town Of Highland Beach httl2://www.highlandbeach.us Be Counted, Highland Beach! Visit http://highlandbeach.us/census-2020/ for more information. PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Miami -Dade (Corporate) Office Broward Office Palm Beach Office RCap343 Almeria Avenue 100 SE 12th Street 1910 North Florida Mango Road Coral Gables, FL 33134 Fort Lauderdale, FL 33316 West Palm Beach, FL 33409 cap govemment Phone:305.448.1711 Phone:954.888.9882 Phone:561.508.0615 4206 Intracoastal Drive Highland Beach Electronic Plan Review Results Project Information Phase Submittal: 100% Construction Documents A/E: Choeff Levy Fischman Facility Name: 4206 Intracoastal Drive Highland Plans Dated: 12/20/2019 Beach Project Name: 4206 Intracoastal Drive Highland Plans Received: 2/18/20 Beach Project No: 4206 Intracoastal Drive Highland Review2/24/20 Beach Completed: Building Code: FBC2017 Review Status: Review Cycle Closed Out - Awaiting administrative approval ProjectCIVIL Dainage Description: Plan Review Summary Discipline Status Reviewer Email Phone License 06) Civil Disapproved Wilfredo Negron wnegron@capfla.com 3054481711 PE84744 Plans and specifications review is performed in accordance with the Florida Building Code, Florida Statuses and all applicable codes. Created with idtPlans Review 4206 Intracoastal Drive Highland Beach Page 1 of 2 2/24/20 2CVZC),02. -10 - PB SET.pdf [0 redlines] 7, Stormwater System Mandatory CAP GOVERNMENT, Please revise Trench Drain Top elevation, proposed elevation at 4.10 is lower than S4 INC. & S5 this will probably cause flooding in a rain event. VVilfredo Negron 2/2-3/20 12:23 PM Highland Beach-1 No closed Issues Found Created with idtPlans Review 4206 Intracoastal Drive Highland Beach 2/24/20 Page 2 of 2 DEVELOPMENT ORORR # fbdaww 001b I TOWN OF HIGHLAND BEACH----(� Fp:3 ------�-- -0DD PLANNING BOARD • . DEVELOPMENT ORDER APPLICATIOP FEB 112020 HIGHLAND BEACH Application # BUILDING DEPARTMENT I request a hearing regarding the terms of the Zoning Ordinances of the Town of Highland each�is request relates to the property and zoning requirements set forth in this application. PROPERTY INFORMATION ASSOCIATED WITH THIS APPLICATION Address: PCN: 24-43-47-04-02-004-0260 / 4206 Intracoastal Drive, Hiqhland Beach, FL 33487 24-43-47-04-02-004-0250 Full Legal Description of the Property [as described in the deed] or reference to an attachment: Zg Di oninstrict: What is the location of the installation? RS ❑ Intracoastal Waterway (ICW) ❑ Interior Canal/Basin ❑ N/A ARCHITECT/DESIGNER INFORMATION Name: Choeff Levy Fischman Architecture + Design Phone: 305-434-8338 Fax: Mailing Address:8425 Biscayne Blvd. Ste. 201, Miami, FL. 33138 Email Address: pfischman@clfarchitects.com javier@clfarchitects.com DEVEOPMENT ORDER REQUEST Rezoning: Special Exceptions: ❑ Rezoning by a Property Owner or Party Other than ❑ Boat Basins the Town ❑ Boat Lifts ❑ ❑ Change of Nonconforming Use Dwelling, Single -Family, Zero Lot Line Site Plan: ❑ Site Plan Multifamily and Non -Residential ❑ Essential Public Service Structures ❑ Site Plan Review, Major Modification ❑ Houses of Worship ❑ Site Plan Single -Family, Located on a Single Lot ❑ Off -Premises Parking ® Site Plan Single -Family, Located within a Larger ❑perpendicular Docking of Boats Project ❑ ❑ Post Offices Recreation Facilities, Public Other: PLANNING BOARD APPROVAL ❑ Utility Facilities DEVELOPMENT ORDER FEEM �C/'C';li3i Provide a brief description of the project:;tow Pro p P _l Request to construct a new, three-story, single-family residence in an RS zoning district to replace an existing one-story residence. FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT I give permission to the members of the Planning Board and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information, and I understand that willful false statements and the like are misdemeanors of the second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the Board procedures and application requirements. With this application, I am submitting the necessary supporting materials listed. Applicant's- Signature: op10/03/2019 ------------------------------ J -------------------------------------------- Building Department `� Use: � �. J Ci s.} I( �a� w�� Date Application Received: B y: ffK5 Preliminary Review: Final Review: Amended Site Plan: Other: ❑ Plans meet Town of Highland Beach Zoning and other governmental agencies requirements. ❑ Plans meet Town of Highland Beach Zoning requirements, however, approvals are pending with other governmental agencies requirements. ❑ Plans do not meet Town of Highland Beach Zoning requirements. Building Official Signature: Received by the Town Clerk's Office: Received By: Date Public Notices Mailed: Date Legal Advertisement Published: Date: Date: 2 1 P a g e [ [ FE[11W[P-5-11Ire b� Town o Hiahlan%each 1 1 2020 HIGHLAND BEACH BUILDING DEPARTMENT Building Department • 3616 South Ocean Blvd., Highland Beach, Florida 33487 Website: www.highlandbeach.us *Phone: 561-278-4540 • Fax: 561-278-2606 AUTHORIZED AGENT AFFIDAVIT I, 00 DA-M STi4rVthe Contractor, hereby grant authorization to RAW4 c0trFAuthorized Agent, to act in my behalf with the Town of Highland Beach Building Department while conducting activities related to obtaining permits. These activities specifically include signing all documents requiring signature of "contractor". TA Gk57=7:� -,Authorized Agent, is to be considered an agent of my business and therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or associated with the signature as they may relate to my contracting business. I RAW DM S-1/My , Contractor, relieve the Town of Highland Beach of, and agree to hold the Town of Highland Beach Building Department harmless from, any and all responsibility, claims or other actions arising from or related to the Department's acceptance of the above agent's signature for permit -related activities. I further undew4and that it is my sole responsibility to grant and terminate any such authorization and to ensureIf at e Department receives timely notice of any such rent or termi qtion. Signature of Contractor -`' SigiAure of Agen State Certification or Registration Number County Certification Number (if applicable) ***PLEASE NOTE: BOTH SIGNATURES MUST BE NOTARIZED*** Notary for Contractor's Signature: State of County of; is✓,��I� �� The foregoing was acknowledged before me this t,v1 day of by,C>C lU C)1T I I� y who is personally known to me,,,,or who produced as identification. r ary Pu "c—TIgnature <►1`1P JASON S. WEISS • MY COMMISSION # GG 165M 2, 2022 Print, Type, or Stamp N e.� ; ;, P�Wffided Thm Notary Pubric Undervirtiters Notary for Agent's Signature: State of o o r ( L County of d 1 t1dl _ Q A O The�1 aswledged before me this day of by gn I DAM"., who is personally known to me, or who produced ARIADNA GAO as identification. - MMISSION # FF974137 �4'��.' EXPIRES March 22, 2020 A10 {407 39B-0f 53 . FloddallotaryService.com otary P nt, Type, or Stamp Nape of Notary c The Building Department, may require a contractor or license -holder to personally apply for or obtain a building permit notwithstanding any authorization allowing another person to apply for or obtain any permit on behalf of a contractor, qualifier, or license. 02/2018 1111 �n fl V r1f, ao- C)C)C) I Town of Highland Beach 11 2020 HIGHLAND BEACH BUILDING DEPARTMENT Building Department •3616 South Ocean Blvd., Highland Beach, Florida 33487 Website: www.highlondbeach.us • Phone: 561-278-4540 • Fax: 561-278-2606 AUTHORIZED AGENT AFFIDAVIT I, RAW 2 Wk -STM the Contractor, hereby grant authorization to VAUL T:I 1k MA&) , Authorized Agent, to act in my behalf with the Town of Highland Beach Building Department while conducting activities related to obtaining permits. These activities specifically include signing all documents requiring signature of "contractor". VISOk , Authorized Agent, is to be considered an agent of my business and therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or associated with the signature as they may relate to my contracting business. I RAltlU � DOE $'TaIVV(,�� , Contractor, relieve the Town of Highland Beach of, and agree to hold the Town of Highland Beach Building Department harmless from, any and all responsibility, claims or other actions arising from or related to the Department's acceptance of the above agent's signature for permit -related activities. I further understand that it is my sole responsibility to grant and terminate any such authorization and 4suret the De rtment receives timely notice of any such gram or termir%ation. Signature of Contractor -F� e of Agent State Certification or Registration Number County Certification Number (if applicable) ***PLEASE NOTE: BOTH SIGNATURES MUST BE NOTARIZED*** Notary for Contractor's Signature: State of�`�� County ofj,411 The foregoing was acknowledged before me this day of -7 -is-persorrilaffy nocf wn to me; r who produced as identification. e a ub{ic Signature Notary for Agent's Signature: State of �, I _L' (( d 6 County of iA i A-W I �,�_�� d' The -foregoing wapc{powledged before me thei/� day c ,2 by Sj= ��l . , who is personally known to me, or who produced d as identific, do .` 1 1-1 ►A / Signature : • ''• ARIADNA CAO MY COMMISSION # FF974137 EXPIRES March 22, 2020 153 WEISS +J 1 ci v 1 Print, Type, or S ria; d�"fU�1SSI0M #GG 165363 rint, Type, or Stamp Name of Notary o. EXPIRES: Apra 2, 2022 Bonded ihru Notary Pubric underwriters_ The Building Department, may require a contractor or license -holder to personally apply for or obtain a building permit notwithstanding any authorization allowing another person to apply for or obtain any permit on behalf of a contractor, qualifier, or license. 02/2018 1) L09MF"qT ORIDER # ot)o I 2�0'v This Instrument Prepared By: Mark 1. Aronson Esq. Holland & Knight 701 Brickell Avenue Miami, Florida 33131 FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT DECLARATION OF UNITY OF TITLE CFN 20190364711 OR BK 30932 PG 1857 RECORDED 10/04/2019 12.08.30 Palm Beach County, Florida AMT Sharon R. Bock CLERK & COMPTROLLER Pgs 1857-1858; (2Pgs) KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the Town of Highland Beach pertaining to the issuance of building permits and regulating building construction activities, the undersigned, NON SIBI LLC, a Florida limited liability company, being the fee owner of all of the following described real property situated in the Town of Highland Beach, County of Palm Beach and State of Florida: Lots 25 and 26, Block 41 Bel Lido, to the Plat thereof as recorded in Plat Book 25 at page 97 of the Public Records of Palm Beach County, Florida. does hereby make the following declarations of condition, limitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: a. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof shall hereinafter be regarded and is hereby declared to be unified under one title as an indivisible building site. b. That all said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately. C. Any sale, assignment, transfer or conveyance of the property shall be in its entirety as one parcel of land. d. The Unity of Title Declaration shall constitute a covenant to run with the land in perpetuity. e. That the Unity of Title Declaration will not be in effect until approved by the Town Commission of the Town of Highland Beach. f. That the Unity of Title shall be binding upon the Declarer, heirs, successors and assigns, until such time as the Unity of Title Declaration may be released with the approval of the Town Commission of Highland Beach. The undersigned also agrees that this instrument shall be placed of record in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida. DEV€I.oaMENT ORDER # 01000 C&O I CFN 20190364711 BOOK 30932 PAGE 1858 2OF2 1 Signed, sealed, witnessed and acknowledged this 3 f" day of, 2019. S: NON SIBI, LLC, a Florida limited liability company r i It, By: Name: . C v �L Name: RAwo 5 A}� Ltii Its: A�tiZ� D Mai R Name:�� Qlr SEAL] STATE OF FLORIDA COUNTY OF PALM BEACH [CORPORATE + ��C,= wf� 110 FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT The foregoing instnunenit was acknowledged before me this 36 lday of July, 2019, by �44 5iw ke , as .4 0yri Zed fl)�4&- of Non Sibi LLC., a Florida limited liability company, who exec ted the foregoing on behalf of the company for the purposes stated herein. He/She is personally known o me or has produced as identification. My Commission Expires: otary Public —State of Florida _ =YCOMMISS!ON#GG E1SS /3t0'L/ S GcJQi�- *. *GG1&r363Name: `� ', 204 Undenrr�em o Zelniker, or Town of Highlan Beac Attest: 6 K�YL-'LL Lanelda Gaskins, Town CIer #69185577 v2 i/,�/ This Document Prepared By: E FEB 112020 HIUHLAND BEACH BUILDING DEPARTMENT Gary S. Dunay, sq. Dunay, Miskel and Backman, LLP 14 S.E. 4th Street, #36 Boca Raton, FL 33432 Parcel ID Number: 24-43-47-04-02-004-02 60 DEVELOPMENT ORDER # ;)0=0 C)C)01 E-RECORDED simNliIil(" County:pah ee'(ICA . k Warranty Deed This Indenture, Made this Aby" day of November, 2018 A.D., Between JMW Florida Properties III, LLC, a Florida limited liability company of the County of Woodford, State of Illinois, grantor, and Non Sibi LLC, a Florida limited liability company whose address is: 4202 Intracoastal Drive, Highland Beach, FL 33487 of the County of Palm Beach, State of Florida, grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)-----------------------DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Palm Beach State of Florida to wit: Lot 26, Block 4, Bel Lido, according to the plat thereof as recorded in Plat Book 25, Page 97 of the Public Records of Palm Beach County, Florida Subject to comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, public utilities, easements of record and all other matters of public record none of which are intended to be reimposed by this conveyance. Subject to taxes for 2019 and all subsequent years which are not yet due and payable. Togegther with all rights of way, tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold the same unto Grantee in fee simple forever. And Grantor hereby convenants with Grantee that Grantor is lawfully seized of the Property in fee simple, that Grantor has good right and lawful authority to sell and convey the Property, that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. WIDMER-4202 00() Iao� MORDER # E C E III V, E FFB 112020 HIGHLAND BEACH BUILDING DEPARTMENT This Document mcpared By. Gary S. Dunay, Esq. Dunay, Miskel and Backman, LLP 14 S.E. 4th Street, #36 Boca Raton, FL 33432 Parcel ID Number: 24-43-47-04-02-004-0260 Warranty Deed CFN 20180445679 OR BK 30270 PG 735 RECORDED 11/28/2018 10:43:04 Palm Beach County, Florida AMT 2,500,000.00 DEED DOC 17,500.00 Sharon R. Bock CLERK & COMPTROLLER Pgs 0735-0736; (2Pgs) This indenture, Made this Aob day of November, 2018 A.D., Between jmw Florida Properties III, LLC, a Florida limited liability company of the County of Woodford, State of Illinois, grantor, and Non Sibi LLC, a Florida limited liability company whose address is: 4202 Intracoastal Drive, Highland Beach, FL 33487 of the County of Palm Beach, State of Florida, grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of w----------------------TEN DOLLARS ($10) ----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Palm Beach State ofFlorida to wit: Lot 26, Black 4, Bel Lido, according to the plat thereof as recorded in Plat Book 25, Page 97 of the Public Records of Palm Beach County, Florida Subject to comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, public utilities, easements of record and all other matters of public record none of which are intended to be reimposed by this conveyance. Subject to taxes for 2019 and all subsequent years which are not yet due and payable. Togegther with all rights of way, tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold the same unto Grantee in fee simple forever. And Grantor hereby convenants with Grantee that Grantor is lawfully seized of the Property in fee simple, that Grantor has good right and lawful authority to sell and convey the Property, that Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever. W [DMER-4202 1151ECEffEo FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT DEVELop MgNT- ()ROjR a 01111111111111110 000 i In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: JMW Florida Properties III, LLC, a Florida limited liability company Printed Name: W�-ti s Printed Name :(".V-t-\S ' NsL % -A M Witness (Seal) Ma idmer, Authorized Member P.O. Address: 1 North Hickory Hills RoadGermantown, IL 61548 STATE OF Illinois COUNTY OF 00 (:b The foregoing instrument was acknowledged before me this �04-VA day of November, 2 018 by Mary E . Widmer, Authorized Member of JMW Florida Properties III, LLC, a Florida limited liability company who is personally known to me or who has produced her driver' s ]license as identification. ()IkV�n(�AA-K Printed Name: -".(67k V ra V • 0-r 4 V% Notary Public My Commission Expires: / i / / 2U 2-1 "OFFICIAL SEAL" 1� TAiVIARA K WATERWORTH Notary Public - State of Illinois My Cornnj . sion Expires Novombsr 2Q, 20 .. WIDMER-4202 This instrument prepared by: Ted R. Tamargo, Esquire Buchanan Ingersoll & Rooney PC 401 E. Jackson Street, Suite 2400 Tampa, Florida 33602 D VELOP E Tf"RDERY_L-RECORDED �iml�lijilc• FEB 112020 io: �V Z 'Q P '1� 7W County: HIGHLAND BEACH D�ite: ! �g Time: ' BUILDING DEPARTMENT [Space Above This Line for Recording Data SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this day of November, 2018, by CRAIG L. STEMMER, a single man ("Grantor"), whose address is 2900 N. Military Trail, Suite 195, Boca Raton, FL 33431, and delivered to NON SIBI LLC, a Florida limited liability company ("Grantee"), whose address is 6705 NW 122nd Avenue, Parkland, FL 33076. (Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations and other entities.) WITNESSETH: That Grantor, for and in consideration of the sum of Ten and no/ 100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, remise, transfer and convey unto Grantee forever, the following described land in Palm Beach County, Florida (the "Property"): Lot 25, Block 4, of Bel Lido, according to plat thereof as recorded in Plat Book 25, Page 97, of the Public Records of Palm Beach County, Florida. Tax Parcel/Folio No: 24-43-47-04-02-004-0250. TOGETHER WITH all the tenements, hereditaments, and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. This conveyance is made subject to those matters described in Exhibit "A" attached hereto and incorporated herein by reference (the "Permitted Exceptions"), reference to which shall not operate to re -impose the same. Page 1 of 3 DEVE LOP MMT 0 RQER lo4op ON) This instrument prepared by: Ted R. Tamargo, Esquire Buchanan Ingersoll & Rooney PC 401 E. Jackson Street, Suite 2400 Tampa, Florida 33602 FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT [Space Above This Line for Recording Data] SPECIAL WARRANTY DEED CFN 20180445682 OR BK 30270 PG 744 RECORDED 11/28/2018 10-43:13 Palm Beach County, Florida AMT 3,100,000.00 DEED DOC 21,700.00 Sharon R. Bock CLERK & COMPTROLLER Pgs 0744-0746: (3Pgs) THIS SPECIAL WARRANTY DEED is made this day of November, 2018, by CRAIG L. STEMMER, a single man ("Grantor"), whose address is 2900 N. Military Trail, Suite 195, Boca Raton, FL 33431, and delivered to NON SIBI LLC, a Florida limited liability company ("Grantee"), whose address is 6705 NW I22°d Avenue, Parkland, FL 33076. (Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations and other entities.) WITNESSETH: That Grantor, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, remise, transfer and convey unto Grantee forever, the following described land in Palm Beach County, Florida (the "Property"): Lot 25, BIock 4, of Bel Lido, according to plat thereof as recorded in Plat Book 25, Page 97, of the Public Records of Palm Beach County, Florida. Tax Parcel/Folio No: 24-43-47-04-02-004-0250. TOGETHER WITH all the tenements, hereditaments, and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. This conveyance is made subject to those matters described in Exhibit "A" attached hereto and incorporated herein by reference (the "Permitted Exceptions"), reference to which shall not operate to re -impose the same. Page 1 of 3 lE (Q; L J �v� l_. , D �� 4-�F-1V1r� FEB 1120200104WRODOI HIGHLAND BEACH BUILDING DEPARTMENT Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property, and, that, except for the Permitted Exceptions, Grantor will warrant and defend the title to the Property against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has executed this deed on the day and year first above written. WITNESSES: STATE OF FLORIDA COUNTY OF-_ckgd_ Craig L. Stemmer tl� I A, The foregoing instrument was acknowledged before me this ay of November, b Craig L. Stemmer. He is personally known to me or [] has produced 2018, y g [ l f:::::I- Ur i, 1__.i Geld C as identification. Prin , e o Stamp Notary Public, State of Florida Serial No., if any: ,,. ;►PY :7y MW461E BURGOS : MY COMMISSION M FF 234940 A..'j? EXPIRES: September 9,2019 �, Bonded Thru Notary Public Underwriters Page 2 of 3 DEVELOPMENT ORDER # 0106P 0C)o I EXHIBIT "A" E W E-�` ' I FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT 1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 2. Dedications and Easements shown on the Plat of Bel Lido, as recorded in Plat Book 25, Page 97, of the Public Records of Palm Beach County, Florida. 3. Easements contained in the Declaration of Protective Covenants recorded in Official Records Book 110, Page 511, of the Public Records of Palm Beach County, Florida. 4. Easement recorded in Official Records Book 198, Page 142, of the Public Records of Palm Beach County, Florida. 5. Easement in favor of Florida Power & Light Company, as recorded in Official Records Book 5562, Page 985, of the Public Records of Palm Beach County, Florida. Page 3 of 3 McLeod • McCarthy & Associates, P.A. Civil Engineers The Forum III 1655 Palm Beach Lakes Blvd., Ste. 901 West Palm Beach, FL 33401 T 561 689 9500 C 561 309 4931 tom@mcleodmccarthy.com • www.mcleodmccarthy.com DRAINAGE CALCULATIONS �'Y E F-D) FEB 112020 HIGHLAND BEACH BUILDING DEPARTMENT DEVELOPMENT ORDER # DATE: January 17, 2020 a D ab () () O' PROJECT: Stanley Residence, 4202/4206 Intracoastal Drive, Highland Beach PROJECT AREA = 0.554 ACRES IMPERVIOUS AREA = 0.279 acres PERVIOUS AREA = 0.275 acre REQUUIRED TRENCHGTH (SFWMD Formula)- 1" over entire site or 2.5 X impervious area REQUIRED RETENTION 1 " X 0.554 acres" = 0.554 acre inches. 2.5 X 0.279 acres = 0.7 acre inches. Governing Criteria, V = 0.7 acre inches V = 0.7 acre inches K = 0.00002 L = 283.2 LF (see attached calculations) MIN. FIN. GRADE H = 2 Du= Ds GWT = INV. SFWMD TRENCH LENGTH FORMULA L=V/[K(H2W+2H2Du=DuXDu+2H2Ds)]+(0.000139WDu) 2/3/2020 , Highland Beach Stanley Residence 4202 Intracoastal Drive V (Volume ACRE- INCHES) K (Hydraulic Conductivit y) W (TRENCH WIDTH, FT.) H2 (DEPTH TO WATER TABLE, FT.) D„ (UNSATURATED TRENCH DEPTH, FT.) Ds (SATURATED TRENCH DEPTH, FT. (H2W + 21-12D„ - Du + 2H2DS) K (H2W+2H2D„- Dug+2H2DS) (0.000139 WDJ L=V/[K(H2W+2H2D„- D„XDu+2H2DS)]+(0.000139W D„) 0.7000000 0.0000204 6.0 2.1 2.50 0.50 19.0 0.0 0.0 283.2 0.0 0.0 0.0 #DIV/Ol McLeod •McCarthy & Associates, P.A. The Forum III O 1655 Palm Beach Lakes Blvd. Suite 901 , West Palm Beach , FL 33401 (� T 561 689 9500 C 561 309 4931 tom@mcleodmccarthy.com :M i Cp M C '-� _ fl I � s m C D M _ C=) ifs; 3866 PROSPECT AVENUE • SUITE 9 • WEST PALM BEACH, FLORIDA 33404 • (561) 881-1939 REPORT OF FALLING -HEAD OPEN -HOLE TEST JOB NO. 19-469 PROJECT Bel Lido - 4202/4206 INTRACOASTAL DRIVE - Stanley Residence - Highland Beach, FI CLIENT Euro Construction Services NUMBER OF SAMPLES 1 SOURCE In Place Material TESTED BY DB/JH/RC DATE 11/19/19 REPORTED TO Client INTENDED USE Hydraulic Conductivity SPECIFICATIONS GOVERNING South Florida Water Management District LOCATION DEPTH DESCRIPTION K-1 (Approximate) 0'-2' Brown and Grey Fine Sand, and roots 2'-3.5' Grey Fine Sand, some silt 3.5'-4.5' Peat _ �lj� F E B 11 2020 DEVELOPMENT ORDER # HIGHLAND BEACH 0 - o BUILDING DEPARTMENT WATER TABLE TIME INTERVAL DROP (in seconds) in inches 2' (Estimated for Calculation Purposes) 15 1/2" DEPTH OF HOLE 30 2 3/4" 45 4" 4.5' 1100 611 1 ' 15 7 1/2" DIAMETER x LENGTH OF CASING 1'30 8 1/2" 1'45 9 3/4" 2'00 10 1/2" 2'15 11" HYDRAULIC CONDUCTIVITY 2'30 11 3/4" 2'45 12" K = 2.04 X 10-5 CFS/FT.2 - FT. HEAD 3'00 12 1/2" 3'15 13" 3'30 13" Respectfully Submitted, 3'45 13 1/4" ALLTERRA ENGINEERING TES''ING 4'00 13 1/2" 4' 15 13 3/4" 4' 30 14" 4, 45 14 1/2" 5'00 14 3/4 E ELL`K��RC)DG�R'S P.E. W r Principal Engineer � WKR/cge These tests are representative of and apply only to the location and depth as shown above. Authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. N%GHt4A, '- - i '��ORIOP Building Department 3614 South Ocean Blvd. Receipt Number: RCPT2020-186 Highland Beach, FI 33487 561-278-4540 Payer/Payee: NON SIBI LLC 4206 INTRACOASTAL DR. HIGHLAND BEACH FL 33487 Cashier: Lindsay Winters Date: 02/11/2020 Fee Description Fee Amount Amount Paid Fee Balance Planning Board Fee $1,500.00 $1,500.00 $0.00 ATTORNEY CONSULTATION FEE $500.00 $500.00 $0.00 ENGINEERING REVIEW FEE $500.00 $500.00 $0.00 $2,500.00 $2,500.00 $0.00 CHECK 1012 $2,500.00 Total Paid: $21500.00 Printed 02/11 /2020 11:42:00 by Lindsay Page 1 of 1 From: Building Code Official To: Ingrid Allen Subject: 4206 Intracoastal Date: Wednesday, February 26, 2020 9:21:04 AM Attachments: image001.ioa Ingrid, I have performed a preliminary_ review of the drawings submitted for development in reference to the floodplain Qrrl.iazince and have no comments at this time. The home is proposed for an elevation of 8.0' NAVD which exceeds the FEMA BFE by 2' and the FBC requirement of 7' for the AE flood zone that they are in. The home does not appear to be in afloodway. Sincerely, Logo Jeff Remas - m Building Official ®` Town Of Highland Beach http:://www.highlandbeach.us Be Counted, Highland Beach! IS Visit http://highlandbeach.us/census-2020/ for more information. PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Miami -Dade (Corporate) Office Broward Office Palm Beach Office CW 343 Almeria Avenue 100 SE 1 2th Street 1910 North Florida Mango Road Coral Gables, FL 33134 Fo� Lauderdale, FL 33316 West Palm Beach, FL 33409 Phone: 305.44c"). 1,71 Phone: 954.888.9882 Phone: 5051 -50&0615 4206 Intracoastal Drive Highland Beach Electronic Plan Review Results .................. . ...... Project Inforamfion . ... ..... ..... ... Phase Submittal: 100% Construction Documents A/E: Choeff Levy Fischman Facility Nam: 4206 Intracoastal Drive Highland Plans Dated: 12120/2019 Beach Project Narm: 4206 Intracoastal Drive Highland Plans Received: 2118/20 Beach Project No: 4206 Intracoastal Drive Highland Review2/24/20 Beach Completed: Building Code: FBC2017 Review Status: Review Cycle Closed Out ® Awaiting administrative approval ProjectCIVIL Dainage Description: .......... Plan Review Summry Discipline Status Reviewer Email Phone License 06) civil Disapproved Wilfredo Negron �,,,negron@Gapfla.com 3054481711 PE84744 Plans and specilications review is performed in accordance with the Florida BUlding Code, Florida Statuses and all applicable codes. Page I of 2 2 202OA2.1 0 - PS SET43df 10 redin"I 1. StommaterSystem Mandatory r'APGOVERNMIENT. Please revise Trench Drain Top elevation, proposed elevation at 4.10 is lower than S4 INC& S5 this will probably cause flooding in a rain event. Wilfredo Negron 2/23/20 12:23 PM Highland Beach - 1 I CrkW�ad Page 2 of 2 2i2 HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 637-2012 SUBJECT: Non Sibi LLC — Development Approval No. 20-0001 ADDRESS: 4206 Intracoastal Drive ZONING DISTRICT: Residential Single -Family (IRS) Planning coomments: The Planning comments provided below are based on the Development Approval Application request (DO #20-0001) submitted to the Town on 2-11-20 for a proposed three (3) story single-family residence located at 4206 Intracoastal Drive. The property is zoned Residential Single -Family (RS) with a Future Land Use designation of Single Family. 1. Provide one (1) hardcopy 24X36 plan set as well as electronic version of resubmitted plan set. 2. Pursuant to the definition of "building height" found in Section 30-131 of the Town Code, provide on all elevation sheets a finished floor elevation measurement. 3. Site Plan comments (sheet A-0.4): a. Provided front setback on tabular data indicates 26' 6"; however, site plan provides measurement of 26'1". Revise accordingly and please be sure all tabular data matches dimensions noted on site plan. b. Provided rear pool setback on tabular data indicates 10'6"; however, site plan provides a different measurement (12'11" and 11'4" respectively). c. Remove landscape and floor plan layer. d. 'Line of overhang' is encroaching into front and rear setbacks at several locations. Pursuant to Section 30-68(p), overhangs may not project more than three (3) feet in required setbacks. Provide measurement of each encroachment on site plan. e. Part of covered terrace is located within rear setback. Revise accordingly. f. Site plan shows two (2) lounge chairs and a table with four (4) chairs on either side of pool, as well as other pool deck furniture, if these are not permanent structures, please remove from site plan. g. Label area behind covered outdoor dining. Is this area part of pool deck? h. Pursuant to Section 30-68(j)(2) of the Town Code, dimension required 25 foot -wide access to public or private right-of-way. i. Remove reference and location of proposed dock location since not part of application request. j. Behind pool, there is a landscaping reference; however, the landscape plan does not provide any proposed landscaping. Clarify whether landscaping will be provided. 4. Landscape Plan comments (sheet Li-L3): a. See comment j above, landscape plan indicates landscaping behind pool; however, no landscaping material is proposed. Revise accordingly. b. Pursuant to Section 28-5(a)(2)b., immediately upon planting, trees shall be a minimum of 14 feet in height and shall have a minimum caliper of three inches. Several trees listed on Sheet L3 do not comply with this provision. Revise accordingly. 5. Hardscape Plan comments (sheet H1): a. Note that pursuant to Section 30-68(e), fences in residential districts shall not exceed six (6) feet. 6. As part of your resubmittal, provide a response document that addresses all comments. 7. Additional comments may be forthcoming. Should you have any questions regarding these comments, please feel free to contact me at (561) 637- 2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Date From: Building Code Official To: Inorid Allen Subject: FW: Review Approved - 4206 Intracoastal Drive Highland Beach Date: Wednesday, March 18, 2020 4:28:27 PM Attachments: Approval+Letter 01.odf The civil for drainage was approved by the CAP PE for this project. Sincerely, Jeff Remas 'h Building Official Town Of Highland Beach 1 http:://www,highlandbeach.us From: CAP <info@idtplans.com> Sent: Wednesday, March 18, 2020 1:20 PM To: Building Code Official <bco@highlandbeach.us> Subject: Review Approved - 4206 Intracoastal Drive Highland Beach M Hello Judson Dulany, OCA:1nkv Thank you for submitting your project to Highland Beach. This review has been approved. Application Type: Express Review Workflow: Highland Beach Project: 4206 Intracoastal Drive Highland Beach Logo 1. . • OYA R • - • - • �•• Be Counted, Highland Beach! A Visit http://hicihlandbeach.us/census-2020/ for more information. PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Logo Be Counted, Highland Beach! Visit http://highlandbeach.us/census-2020/ for more information. PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding town business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Miami -Dade (Corporate) Office Broward Office Palm Beach Office WP 343 Almeria Avenue 100 SE 12th Street 1910 North Florida Mango Road Coral Gables, FL 33134 Fort Lauderdale, FL 33316 West Palm Beach, FL 33409 cap,rTreflt Phone:305.448.1711 Phone:954.888.9882 Phone:561.508.0615 4206 Intracoastal Drive Highland Beach Electronic Plan Review Results LP®sect Inf® tson i Phase Submittal: 100% Construction Documents Facility Name: 4206 Intracoastal Drive Highland Beach Project Name: 4206 Intracoastal Drive Highland Beach Project No: 4206 Intracoastal Drive Highland Beach •0 1 P i L= 1 ProjectCIVIL Dainage Description: A/E: Choeff Levy Fischman Plans Dated: 12/20/2019 PlansReceived: 3/13/20 Review3/18/20 Completed: Review Status: Review Cycle Closed Out - Awaiting administrative approval .. ........................._..................................._............_.....___............_............_........._................_..............................._......................._........_..._........................................_.........._......................................................................................................_...._.__.......................................................... _......_............_...._._.................................._......................................_.._..................__..................._.......... Plan Review Summary Discipline Status Reviewer Email Phone License 06) Civil Approved Wilfredo Negron wnegron@capfla.com 3054481711 PE84744 Plans and specifications review is performed in accordance with the Florida Building Code, Florida Statuses and all applicable codes. Created with idtGlans Review 4206 Intracoastal Drive Highland Beach Gage 1 of 2 3/18/20 No open Issues- Found BN - , 1. Stommummter System Mandatory CApGOVERNMENT Please revise Trench DnainTopolevation.prop000delevatnnsd4.1Oialovwarthon84 INC. &85this will probably cause flooding inorain event. VWlfrednNegron 2/23/2012:23PM Highland Beach -1 CAP GOVERNMENT, neoubmiUta| INC. Francisco Rodriguez 3/13/2012:38PyW Highland Beach '1 CAP GOVERNMENT, Issue Closed. See attached explanation letterfrorn EOR. INC' Tom McCart�/�m�m��dmc��mm' ��) VWK�doNegron p�zmmazmoo�oA� �� o 3/17/205:37 PM wx/*e= ueo=".nc; Javier Sanchez <J"/"mm/fa,=ha�=�`o"`~1°m",`' Highland Beach -2 �� 19'e4sms'01'16-2020.pu' @2_910 `wo VNlfredo Attached for your convenience isthe drainage plan. The way this drainage system is supposed to work is as follows; " The drainage regulations require the site toretain Q.72acre inches ofutornnvvataron site. " After the exfi|trodontrench reaches capacity (O.72acre inches) the excess e1ormvvater, if any, is a|>ovvod to discharge to the City'm drainage system. " The top elevation ofthe axfi|tmadon trench is 4.00 and the grate elevation of the 1r000h drain across the driveway is 4.10. Therefore, theexfi|1rotion trench will befully dosed before the excess storrnwatercan bubble upout ofthe trench drain and discharge 1othe City'odrainage system. P|0000 let me know/ if you agree with this design. Thanks. Created with 4dtoonsuReview ^zoo ,"u==sta/ o""° v/vm=« oe°=x pao° a of 3/,8/zn