Land Development and Planning Project Files_1118 Bel Air Dr._20211014_Development Order No. 21-0004TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Applicant/Owner: Albert & Jason Giachetti
Property Address: 1118 Bel Air Drive, Highland Beach, FL 33487
Property Control Number: 24-43-47-04-03-000-0100
Application No. 21-0004
Date: October 14, 2021
REVIEW GIVEN TO SUBJECT PROPETY
D Preliminary Review: C8J Final Review: Installation of Boat Lift D Amended Site Plan Review D Other
AT THE OCTOBER 140, 2021, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE
MATTER PER THE REQUEST OF THE TOWN PLANNER DATED MAY 06, 2021, AND HEREBY
CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
D Denied C8J Recommendation to Approve D Approved with Modifications ( as noted) D Other:
PLEASE TAKE
ISSUE PE
CTI ON IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E.,
0 TOWN C ISSION, RETURN TO APPLICANT, ETC.
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE
BOARD'S FINDINGS:
MOTION: Brown/Mendelson -Moved to approve Development Order Application No. 21-0004 as
presented by Town Planner Ingrid Allen.
The motion passed on a 7 to O vote
CLERK'S OFFICE USE ONLY: Transmitted to the Building Department: 10/14/2021 APPROVED BY:
PLANNING BOARD 10.14.21
APPL. NO. 21-0004
PLANNING BOARD
STAFF REPORT
MEETING OF: October 14, 2021
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY WILLIAM BRYANT, WATERFRONT AND
ENVIRONMENTAL BUILDING CONSULTANTS, LLC, FOR A
SPECIAL EXCEPTION APPROVAL TO INSTALL A 17,000 POUND
CAPACITY BOAT LIFT FOR A PROPERTY LOCATED AT 1118
BEL AIR DRIVE. (DO #21-0004)
Applicant (Property Owner): Albert and Jason Giachetti
1118 Bel Air Drive
Highland Beach, Fl. 33487
Applicant’s Agent: William Bryant
Waterfront & Environmental Building Consultants, LLC
9314 Forest Hill Boulevard #651
Wellington, Fl. 33411
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: RML, Residential Multiple Family Low Density
Site Location: 1118 Bel Air Drive
Parcel PCN#: 24-43-47-04-03-000-0100
I.GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Background:
On April 11, 2012, the Planning Board made a recommendation to the Town Commission to
approve a special exception application (No. 28425) to allow a neptune 7,000 pound elevator boat
lift at the property. On May 1, 2012, the Town Commission approved the special exception
application (No. 28425).
On February 9, 2021, a Code Violation was issued to the property owner (Case No. CC2021-02-
005) for boat lift and piling installation without a permit.
Request and Analysis:
The Applicant is proposing to install a 17,000 pound capacity elevator boat lift at the property located
at 1118 Bel Air Drive. The proposed boat lift is to be installed 42.5 feet east of the side (west)
property line. Pursuant to Section 30-68(g)(6)d. of the Town Code, accessary marine facilities
located within multifamily residential zoning districts are exempt from side yard set back
requirements. As noted above, a 7,000 pound capacity elevator boat lift was approved for the
property in 2012. Based on the Building Department’s records for Permit No. 28425, the 7,000
pound capacity boat lift was to be installed 20 feet east of the side (west) property line (see
Attachment No. 1). The Applicant indicates that the location of the boat lift was altered to 42.5 feet
east of the side (west) property line on the electrical permit paperwork associated with the primary
permit (see Attachment No. 2). While the electrical permit paperwork referenced by the Applicant
was not scaled/dimensioned, the property received a final inspection from the Town’s Building
Department on May 17, 2012 (see Attachment No. 3). Note that altering an electrical permit would
not be the proper protocol for requesting a change in the location of an approved boat lift.
The Applicant has obtained Florida Department of Environmental Protection (FDEP) approval for
the proposed boat lift (File No. 235272-004 EE). According to the FDEP approval, dated April 26,
2021, a separate permit or authorization will not be required from the US Army Corps of Engineers .
The proposed request is in compliance with the following definition of “boat lift” as provided in
Section 30-131:
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot
above the minimum seawall elevation. In no case shall the lift be higher than the
superstructure of the boat when lifted.
Section 30-68(h) of the Town Code of Ordinances provides the following provisions regarding
mooring facilities which includes boat lifts:
-Section 30-68(h)(1): Will not create a hazardous interference with navigation, endanger life
or property, or deny the public reasonable visual access to public waterways.
-Section 30-68(h)(4): Installation shall not cause a hazardous interference with navigation,
endanger life or property, or deny the adjacent property owners or public reasonable visual
access to the public waterway.
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-Section 30-68(h)(5): Installation shall not infringe upon standard navigational practices that
are or may be used by abutting property owners.
Pursuant to Section 30-68(h)(3) of the Town Code, evidence demonstrating the proposed mooring
facility will not be a hazard to navigation and will not deny reasonable visual access to public
waterways may be requested by a recognized marine expert. The proposed boat lift was reviewed
by Applied Technology & Management, Inc. (ATM), a coastal and marine engineering consultant
who has a Professional Services Agreement with the Town. Dr. Michael G. Jenkins, ATM’s Coastal
Engineering Principal, provided a technical review report (see attached) which includes the
following summarized findings:
The proposed lift does not unreasonably infringe on the navigation access to the adjacent
parcel, create a hazardous interference to navigation or endanger life or property. The
proposed lift does not represent a significant impediment to visual access to the waterway
for either the adjacent parcel or the public at large.
Section 30-36(a) of the Town code states that if the Planning Board is the final authority on the
special exception, then it shall approve, approve with conditions, or deny the application. In addition,
Section 30-68(g)(3) of the Town Code states that the Planning Board must find that the lifting device
will provide adequate protection of neighboring property and that there is no infringement of
standard navigational practices.
If the Planning Board should decide to approve the special exception request (including plans date
stamped received by the Building Department on September 10, 2021), the Applicant will be
required to obtain a building permit from the Town of Highland Beach Building Department prior
to initiation of construction. 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.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Ingrid Allen
Town Planner
Attachments: Application
Aerial
Photographs (dated 6-18-21)
Attachment No. 1 – 2012 Existing and Proposed Conditions (Permit No. 28425)
Attachment No. 2 – 2012 Electrical permit paperwork (Permit No. 28425)
Attachment No. 3 – 2012 Final Inspection (Permit No. 28425)
Marine Expert (ATM) report
FDEP approval
Public Comment
Applicant Plans
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Page 9
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1118 Be l Ai r D rive Palm Be ach Cou ntyNone
Sep temb er 29, 2021
0 0.008 5 0.0170.004 25 m i
0 0.01 0.020.005 km
1:57 6
Crea te d b y: P alm Beach Co untyµPage 12
Subject property
Photos taken
6-18-21
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Subject property
Page 14
Subject property
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Subject property
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Attachment No. 1Page 17
Attachment No. 2
Page 18
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ATTACHMENT
NO. 3
Page 20
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2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
August 30,2021
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Re: Technical Review of Proposed Boat Lift – 1118 Bel Air Drive
Town of Highland Beach
Ms. Allen,
This correspondence is provided as a formal response to your request for a technical review of
the proposed boat lift at 1118 Bel Air Drive, Highland Beach. The newly proposed lift is 17,000
lb. capacity standard lift and is located 42.5+/- from the west property line.
Basis of Review
The following documents were utilized as a basis for this review:
1.FDEP Exemption Letter; dated April 26, 2021
2.Plan Sheets (dated 3/16/2021)
3.Plan Sheets (Town submitted plans received on 7/1/21 and dated 6/9/2021)
4.Site Survey (dated 3/11/2021)
5.2012 7,000lb. Site Approval Plan View
6.Available Aerial Images, (Google)
This review was limited to the information as delineated above and was primarily focused on the
proposed structure relative to specific provisions of Town Code and standard practice as
discussed below. No additional investigations or studies were conducted.
Page 22
Ingrid Allen
August 30,2021
Page 2 of 3
2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
Review relative to Town Code
The newly proposed lift is 17,000 lb. capacity standard lift and is located 42.5+/- from the west
property line. Given the location of the property at the end of the canal opinion is provided as to
whether the installation will:
(i.) cause a hazardous interference with navigation, endanger life or property, or deny
the adjacent property owners or public reasonable visual access to the public
waterway as provided in Section 30-68(h)(4);
(ii.) infringe upon standard navigational practices that are or may be used by abutting
property owners (section 30-68(h)(5);
(iii.) create a hazardous interference with navigation, endanger life or property, or deny
the public reasonable visual access to public waterways (section 30-68(h)(1)c.;
(iv.) provide adequate protection of neighboring property and that there is no infringement
of standard navigational practices (sec 30-68(g)(3).
The subject property is located at the end of a straight canal of nominal width in excess of 100
feet. Sufficient fairway exists within the canal for navigation for all lots adjacent to the canal and
current use by other properties on the canal is consistent within the proposed use here. A
smaller, 7,000 lb. lift was previously approved for this property in 2012 which was oriented in a
similar manner to the proposed lift. As the subject property is located at the end of the canal,
the primary concern is relative to the adjacent parcel to the east. These two lots share an
approximately 90 degree (near right angle) corner, and as such have overlapping riparian
interests in the canal. It is noted that Town Code is not specific as to how such corner lots
should be addressed, and this review is provided based on the experience of the reviewer and
standard practice.
At present the adjacent property at the end of the canal is configured to allow perpendicular
mooring for a vessel that is located along the southern boundary of this parcel. The proposed
boat lift is offset from the property boundary (the corner) by approximately 32 feet +/- and is
parallel to the northern wall. .This orientation minimizes the extension of the lift into the canal
and orients the moored vessel in the same direction as the slip on the adjacent property. This
configuration allows for reasonable vessel access to both properties. It is unclear from the
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Ingrid Allen
August 30,2021
Page 3 of 3
2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
information provided what specific vessel will be tendered on the lift, but based on the lift
capacity of 17,000 pounds the vessel is unlikely to exceed 40 feet in length. This class of
vessel is consistent with the general use of this canal and is similar in dimension to the berth
dimensions on the adjacent property. Sufficient turning radius is retained for both slips within
the adjacent canal fairway and the resulting configuration is consistent with accepted standard
practice for complimentary vessel access for both parcels.
The proposed lift does not unreasonably infringe on the navigation access to the adjacent
parcel, create a hazardous interference to navigation or endanger life or property. The
proposed lift does not represent a significant impediment to visual access to the waterway for
either the adjacent parcel or the public at large.
Recommendation
Based upon review of the information provided, the proposed lift is consistent with the specific
provisions of Town Code considered. It is noted that the site conditions of this lot are unique
given its location adjacent to a right angle corner of the canal and provisions of the Town Code
do not specifically address this condition. As proposed, the lift allows for reasonable access for
both this property and the adjacent lot. Given the unique circumstances at play and the mutual
riparian interests of the applicant and the adjacent property, proactive notice and consultation
with the adjacent property is strongly encouraged.
Sincerely,
Applied Technology & Management, Inc.
Michael G. Jenkins, Ph.D., P.E.
Coastal Engineering Principal
Printed copies of this document are not considered signed and sealed and the signature must be verified on any
electronic copies
Michael G Jenkins Digitally signed by Michael G Jenkins
DN: cn=Michael G Jenkins c=US o=APPLIED TECHNOLOGY AND
MANAGEMENT ou=A01410C0000016CBAB4B64100004844
Reason: I am the author of this document
Location:
Date: 2021-08-30 16:01-04:00
Page 24
www.floridadep.gov
FLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis Governor
Jeanette Nuñez
Lt. Governor
Noah Valenstein
Secretary
April 26, 2021
Jason Giachetti
1118 Bel Air Drive
Highland Beach, FL 33487
File No.: 235272-004 EE, Palm Beach County
Dear Jason Giachetti:
On April 13, 2021, we received your request for verification of exemption to perform the
following activities: Installation of a boatlift within an existing slip. The project is located in a
canal, Class III Waters, adjacent to 1118 Bel Air Drive, Highland Beach, FL 33487 (Township
47 South, Range 43 East), in Palm Beach County (Latitude N 26° 23’ 46.59, Longitude W 80° 4’
1.56).
Your request has been reviewed to determine whether it qualifies for (1) a regulatory exemption,
(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for
the activity
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Jeff Meyer at 561-681-6645 or
Jeffrey.L.Meyer@FloridaDEP.gov.
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File Name: Jason Giachetti
File No: 235272-004 EE
Page 2 of 5
1. Regulatory Review – VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt under Chapter 62-330.051(5)(h) Florida Administrative Code from the need to obtain a
regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial modifications
to the project design should be submitted to the Department for review, as changes may result in
a permit being required.
2.Proprietary Review - NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands, and does not require
further authorization under Chapter 253 of the Florida Statutes, or Chapters 18-20 or 18-21 of the
Florida Administrative Code.
3.SPGP Review - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit V-RI, and a
SEPARATE permit or authorization will not be required from the Corps. Please note that the
Federal authorization expires on July 26, 2021. However, your authorization may remain in
effect for up to 1 additional year, if provisions of Special Condition 20 of the SPGP V-R1 permit
instrument are met. You, as permittee, are required to adhere to all General Conditions and
Special Conditions that may apply to your project are attached. A copy of the SPGP V-R1 with
all terms and conditions and the General Conditions may be found at
https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/.
Authority for review in agreement with the USACOE entitled “Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection, or Duly Authorized Designee, State Programmatic General
Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
Page 26
File Name: Jason Giachetti
File No: 235272-004 EE
Page 3 of 5
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a
petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S.,
before the deadline for filing a petition. On the filing of a timely and sufficient petition, this
action will not be final and effective until further order of the Department. Because the
administrative hearing process is designed to formulate final agency action, the hearing process
may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules
28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the
following information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone
number of the petitioner’s representative, if any, which shall be the address for service purposes
during the course of the proceeding; and an explanation of how the petitioner’s substantial
interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d)A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency’s proposed action, including an explanation of how the alleged facts
relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
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File Name: Jason Giachetti
File No: 235272-004 EE
Page 4 of 5
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
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.
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File Name: Jason Giachetti
File No: 235272-004 EE
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Norva Blandin, MSEM
Permitting Program Administrator
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, including all copies, were sent to the addressee and to the following listed persons:
FDEP – Jeff Meyer, Hailey Wilson, Vanessa Osborne
William Bryant - webcon.us@gmail.com
Palm Beach County – Mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk,
receipt of which is hereby acknowledged.
April 27, 2021
Clerk Date
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62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒
(h) The installation of a pile-supported boat lift within an existing mooring area at a docking
facility that is legally in existence, provided:
1. Such installation does not conflict with a condition of a permit issued thereunder;
2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145,
373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18.
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Special Conditions for Federal Authorization for SPGP V-R1
Note: JAXBO (Jacksonville District’s Programmatic Biological Opinion), referenced
throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or
at http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577.
The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or
at https://www.saj.usace.army.mil/SPGP/
In addition to the conditions specified above, the following Special Conditions apply to all
projects reviewed and/or authorized under the SPGP V-R1.
Special Conditions for All Projects
1. Authorization, design and construction must adhere to the terms of the SPGP V-R1
instrument including the Procedure and Work Authorized sections.
2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6,
from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).
3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).
4. For all projects involving the installation of piles or sheet piles, the maximum number of
piles, sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is
limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact
hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise
from Pile and Sheet Pile Installation, page 86.).
5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require
prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).
6. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self-
Certifications, the Permittee shall provide the following notifications to the Corps:
a.Commencement Notification. Within 10 days before the date of initiating the work
authorized by this permit or for each phase of the authorized project, the Permittee
shall provide a written notification of the date of commencement of authorized work
to the Corps.
b.Corps Self-Certification Statement of Compliance form. Within 60 days of
completion of the work authorized by this permit, the Permittee shall complete the
“Self-Certification Statement of Compliance” form (Attachment 32) and submit it to
the Corps. In the event that the completed work deviates in any manner from the
authorized work, the Permittee shall describe the deviations between the work
authorized by this permit and the work as constructed on the “Self-Certification
Statement of Compliance” form. The description of any deviations on the “Self-
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Certification Statement of Compliance” form does not constitute approval of any
deviations by the Corps.
c.Permit Transfer. When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of this
permit will continue to be binding on the new owner(s) of the property. To validate
the transfer of this permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date the enclosed form
(Attachment 2).
d.Reporting Address. The Permittee shall submit all reports, notifications,
documentation, and correspondence required by the general and special conditions
of this permit to the following address.
(1)For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2)For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10
MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all
submittals.
7. The District Engineer reserves the right to require that any request for authorization under
this SPGP V-R1 be evaluated as an Individual Permit. Conformance with the terms and
conditions of the SPGP V-R1 does not automatically guarantee Federal authorization.
8.On a case-by-case basis, the Corps may impose additional Special Conditions which are
deemed necessary to minimize adverse environmental impacts.
9. Failure to comply with all conditions of the SPGP V-R1 constitutes a violation of the Federal
authorization.
10. No structure or work shall adversely affect or disturb properties listed in the National
Register of Historic Places or those eligible for inclusion in the National Register. Prior to the
start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall
conduct a search of known historical properties by contracting a professional archaeologist, and
contacting the Florida Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The
Applicant/Permittee can also research sites in the National Register Information System (NRIS).
Information can be found at http://www.cr.nps.gov/nr/research.
a.If, during the initial ground disturbing activities and construction work, there are
archaeological/cultural materials unearthed (which shall include, but not be limited to:
pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal
implements, dugout canoes 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 in the vicinity and notify the Compliance and Review staff of
the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project
Manager to assess the significance of the discovery and devise appropriate actions,
including salvage operations. Based on the circumstances of the discovery, equity to all
Page 32
parties, and considerations of the public interest, the Corps may modify, suspend, or
revoke the permit in accordance with 33 C.F.R. § 325.7.
b.In the unlikely event that human remains are identified, the remains will be treated in
accordance with Section 872.05, Florida Statutes; all work in the vicinity shall
immediately cease and the local law authority, and the State Archaeologist (850-245-
6444) and the Corps Regulatory Project Manager shall immediately be notified. Such
activity shall not resume unless specifically authorized by the State Archaeologist and the
Corps.
11. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish
and Wildlife Service’s regulations governing compliance with these laws. The Permittee should
contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such
“take” permits are required for a particular activity.
12. For Projects authorized under this SPGP V-R1 in navigable waters of the U.S., 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.
13.The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by
issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal
resource agencies, will conduct periodic reviews to ensure that continuation of the permit during
the period ending July 26, 2021, is not contrary to the public interest. The SPGP V-R1 will not
be extended beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all
future applications for activities covered by the SPGP V-R1 will be evaluated by the Corps.
14.If the SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized
work, authorization of activities which have commenced or are under contract to commence in
reliance upon the SPGP V-R1 will remain in effect provided the activity is completed within 12
months of the date the SPGP V-R1 expired or was revoked.
Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-
Supported Structures
1. For temporary structures associated with marine events. Upon completion of the event, these
structures must be removed and, to the maximum extent practical, the site must be restored to
pre-construction elevations. Water depths in the area of marine events must be deep enough to
support at least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and
Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas
(Reference: JAXBO PDC A2.1.4.).
Page 33
2. Educational Signs. For commercial, multi-family, or public facilities, and marine events,
signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and
A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported
Structures and Anchored Buoys, starting on page 112.):
a.(A2.2.) For commercial, multi-family, or public facilities, and marine events, signs must
be posted in a visible location(s), alerting users of listed species in the area susceptible to
vessel strikes and hook-and-line captures. The most current version of the signs that must
be downloaded and sign installation guidance are available at:
(http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_s
igns/index.html). The signs required to be posted by area are stated below:
(1)(A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine
mammal stranding networks and smalltooth sawfish encounter database.
(2)(A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall
post the Help Protect North Atlantic Right Whales sign.
(3)(A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and
those occurring north of the St. Johns River to the Florida-Georgia line shall post the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
Key, Florida north to the Florida-Alabama line.
3. Monofilament Recycling Bins. For commercial, multi-family, or public facilities,
monofilament recycling bins must be provided as described below (Reference: The below
replicates PDC A.2.3 within the table PDCs Specific to Activity 2 - Pile Supported Structures
and Anchored Buoys, the PDC itself on page 113 of the JAXBO.):
a.(A2.3.) For commercial, multi-family, or public facilities, monofilament recycling bins
must be provided at the docking facility to reduce the risk of turtle or sawfish
entanglement in, or ingestion of, marine debris. Monofilament recycling bins must:
(1)(A2.3.1.) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
(2)(A2.3.2.) Be maintained in working order and emptied frequently (according to
http://mrrp.myfwc.com standards) so that they do not overflow.
4.North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal
regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will
attach this document to their authorizations for a dock project (new construction, repair, or
replacement) at a private residence located within 11 nautical miles of North Atlantic right whale
critical habitat as measured in a radius from the center of the nearest inlet to open ocean
described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from
Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).
Page 34
5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with
the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66,
Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference:
JAXBO PDC A2.5.).
6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary,
then turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples
are provided on the Florida Fish and Wildlife Conservation Commission website:
http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC
A2.8.).
7. Construction Location. Project construction shall take place from uplands or from floating
equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.).
8. Regarding submerged and emergent aquatic vegetation, the design and construction of a
Project must comply with the following:
a.A pile supported structure (i) that is located on a natural waterbody (i.e., outside an
artificial waterway that was excavated for boating access and is bordered by residential
properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal
counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet),
will be constructed to the following standards:
(1)Must comply with or provide a higher level of protection than, the protective criteria in
the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s
“Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” updated November 2017 (Attachment 5).
(2)In addition to (1), above, IF the project is within range of Johnson’s seagrass (the
range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central
Biscayne Bay in the lagoon systems on the east coast of Florida), THEN the design
and construction shall comply with, in some cases, the more restrictive requirements
within paragraph 8.c., below (Reference: JAXBO PDC A2.17).
b.For all other Projects,
(1)Within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as
Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the
east coast of Florida), the presence of submerged aquatic vegetation will be
determined utilizing the “Submerged Aquatic Vegetation Survey Guidelines”
(Attachment 7). If no survey performed, aquatic vegetation, including Johnson’s
seagrass, will be presumed to be present for purposes of this Special Condition.
(2)Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine
waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and
Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass
and tidal freshwater submerged aquatic vegetation will be determined using the
“Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit
Page 35
or aerial photography observes absence during the growing season (if water depth and
clarity allows) or aquatic vegetation has not been found in the vicinity in the past.
(3)Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal
freshwater submerged aquatic vegetation and emergent vegetation), THEN must
comply with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s
“Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” updated November 2017 (Attachment 5).
(4)In addition to (1) to (3) above, IF the proposed dock or proposed structure is within
range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey
Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast
of Florida), and IF the proposed dock or proposed structure falls within the following
scenarios, THEN the design and construction shall comply with, in some cases, the
more restrictive requirements within paragraph 8.c.,below. (Reference: The following
replicates “Scenario B” as defined within A2.17., PDCs for Docks or Other Minor
Structures of JAXBO.):
(i)Dock replacement in the exact footprint (i.e., same location/configuration/size) as
the previous dock and:
(a)within Johnson’s seagrass critical habitat with No current seagrass survey
(completed no earlier than 1 year before submitting the application); or,
Johnson’s seagrass under the dock; or, Native seagrass, other than Johnson’s
seagrass, under the dock; or,
(b)within the Range of Johnson’s seagrass (outside of critical habitat) with No
current seagrass survey or,Johnson’s seagrass under the dock,
(ii)New docks or dock expansions and:
(a)within Johnson’s seagrass critical habitat; or,
(b)within the Range of Johnson’s seagrass (outside of critical habitat) with: No
current seagrass survey (completed no earlier than 1 year before submitting the
application) or, Johnson’s seagrass within property limit.
c.The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4),
above (Reference: The following replicates the “Dock PDCs for Scenario B” within
A2.17. PDCs for Docks or Other Minor Structures of JAXBO.):
(1)To avoid and minimize impacts to Johnson’s seagrass and native, non-listed seagrasses
to the maximum extent practicable:
(i)The dock must be positioned to avoid and minimize effects to Johnson’s seagrass.
(ii)Over any area that contains Johnson’s seagrass or native, non- listed seagrasses,
the dock shall be oriented in a north-south orientation to the maximum extent that
is practicable to allow maximum sunlight under the structure.
(iii) If practicable, terminal platforms shall be placed in deep water, waterward of
Johnson’s seagrass beds or native, non-listed seagrasses beds or in an area devoid
of Johnson’s seagrass or native, non-listed seagrasses.
Page 36
(iv) Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson’s
seagrass to minimize direct impacts.
(v)Piles shall be installed in a manner that will not result in the formation of
sedimentary deposits (e.g., donuts or halos) around the newly installed pilings.
(vi) No covered boat lifts are allowed over any Johnson’s seagrass.
(2)Decking options: Deck surfaces (parallel with the water) that are located waterward of
the MHWL must be constructed of grated materials or plank construction or a
combination of the both methods (e.g. plank decking on the walkway and grated
decking on the terminal platform). These decking options are described below:
(i)For grated decking:
(a)Height requirement: The surface of the structure, including the dock walkway
(the over- water narrow portion connecting the terminal platform to the shore
and any over-water ramp required for access) and the dock, must be a
minimum of 3 ft above MHW when constructed with grated decking.
(b)Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 160 ft². Marginal docks are limited to a
width of 5 ft. The 5 ft width restriction is measured from wet side of the
seawall. For example, if a seawall cap is 3 feet overwater then the dock would
be limited to 2 feet.
(c)Material description: Decking materials shaped in the form of grids, grates,
lattices, etc., to allow the passage of light through the open spaces. These
materials must provide a minimum of 43% open space.
(ii)For plank decking:
(a)Height requirement: The surface of the structure, including the dock walkway
(the over- water narrow portion connecting the terminal platform to the shore
and any over-water ramp required for access) and the dock, must be a
minimum of 5 ft above MHW when constructed of plank decking.
(b)Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 120 ft². Marginal docks are limited to a
width of 5 ft.
(c)Material description: Deck boards may be constructed of any material. Deck
Boards must be installed to provide a minimum of a 0.5-in gap between
individual deck boards.
d.Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation
(ATONs) to ESA-listed corals and Acropora critical habitat shall ensure there are no
impacts to the corals or the essential feature of Acropora critical habitat from the
movement of buoys and tackle. The appropriate distance shall be based on the size of the
anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly
when the design of the ATON does not prohibit the contact of tackle with the marine
bottom. In all cases, buoy tackle will include flotation to ensure there is no contact
between the anchor chain or line and the marine bottom (Reference: JAXBO PDC
A2.10.).
Page 37
General Conditions for Federal Authorization for SPGP V-R1
1.The time limit for completing the work authorized ends on July 26, 2021.
2.You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3.If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office
of what you have found. We will initiate the Federal and State coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the
National Register of Historic Places.
4.If you sell the property associated with this permit, you must obtain the signature of the new
owner on the enclosed form and forward a copy of the permit to this office to validate the
transfer of this authorization.
5.If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this permit.
6.You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished in accordance with
the terms and conditions of your permit.
Further Information:
1.Limits of this authorization.
a.This permit does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c.This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed
Federal projects.
2.Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a.Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
Page 38
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e.Damage claims associated with any future modification, suspension, or
revocation of this permit.
3. Reliance on Applicant’s Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include,
but are not limited to, the following:
a.You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 3 above).
c.Significant new information surfaces which this office did not consider in reaching
the original public interest decision.
5.Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you
comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measures ordered by this
office, and if you fail to comply with such directive, this office may in certain situations (such
as those specified in 33 CER 209.170) accomplish the corrective measures by contract or
otherwise and bill you for the cost.
6.When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee will be required, upon due notice from the
U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal, relocation or alteration.
Page 39
Department of the Army Permit Transfer for SPGP V-R1
PERMITEE: _________________________________________________
PERMIT NUMBER: ___________________________________ DATE: ___________
ADDRESS/LOCATION OF PROJECT:
______________________________________________________________________
______________________________________________________________________
(Subdivision) (Lot) (Block)
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.
Page 40
To validate the transfer of this permit and the associated responsibilities associated with
compliance with its terms and conditions, have the transferee sign and date below and mail to the
U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL
32232-0019.
___________________________________________ _____________________
(Transferee Signature) (Date)
_____________________________________________________________________
(Name Printed)
_____________________________________________________________________
(Street address)
______________________________________________________________________
(Mailing address)
______________________________________________________________________
(City, State, Zip Code)
Page 41
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a.All personnel associated with the project shall be instructed about the presence of manatees
and manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties
for harming, harassing, or killing manatees which are protected under the Marine Mammal
Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b.All vessels associated with the construction project shall operate at "Idle Speed/No Wake”
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c.Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d.All on-site project personnel are responsible for observing water-related activities for the
presence of manatee(s). All in-water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
e.Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-
562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com
f.Temporary signs concerning manatees shall be posted prior to and during all in-water
project activities. All signs are to be removed by the permittee upon completion of the
project. Temporary signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of
in-water operations must be posted in a location prominently visible to all personnel
engaged in water-related activities. Questions concerning these signs can be sent to the
email address listed above.
Page 42
Page 43
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a.The permittee shall instruct all personnel associated with the project of the potential
presence of these species and the need to avoid collisions with sea turtles and smalltooth
sawfish. All construction personnel are responsible for observing water-related activities
for the presence of these species.
b.The permittee shall advise all construction personnel that there are civil and criminal
penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are
protected under the Endangered Species Act of 1973.
c.Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish
cannot become entangled, be properly secured, and be regularly monitored to avoid
protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the National Marine
Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.
d.All vessels associated with the construction project shall operate at “no wake/idle” speeds
at all times while in the construction area and while in water depths where the draft of the
vessel provides less than a four-foot clearance from the bottom. All vessels will
preferentially follow deep-water routes (e.g., marked channels) whenever possible.
e.If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of
operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish.
Operation of any mechanical construction equipment shall cease immediately if a sea turtle
or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not
resume until the protected species has departed the project area of its own volition.
f.Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service’s Protected Resources Division
(727-824-5312) and the local authorized sea turtle stranding/rescue organization.
Page 44
g.Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
h.Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the
construction of a project, shall be reported immediately to NMFS’s Protected Resources
Division (PRD) at (727-824-5312).
i.Reports to NMFS’s Protected Resources Division (PRD) may be made by email to
takereport.nmfsser@noaa.gov.
j.Sea turtle and marine stranding/rescue organizations’ contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
l.All work must occur during daylight hours.
Page 45
LOT 10LOT 9LOT 11CANALBEL-AIR DRIVELOT 12WrightPSM, LLC
PROFESSIONAL SURVEYING AND MAPPING
1248 SE 12TH AVE DEERFIELD BEACH, FL 33441
(772) 538-1858 www.wrightpsm.com
CERTIFICATE OF AUTHORIZATION NO. L.B.8186
BOUNDARY SURVEY FOR
BLANCHE & GIACHETTISoutheast DistrictPermit Number50-235272-004-EEPage 46
ee
WMXXXXXX
X
LOT 10
PB 25, PG 154
2-STORY TRIPLEX RESIDENCE
1118 BEL AIR DRIVE
LOT 9
PB 25, PG 154 5.4'9.2'21.0'21.4'48.6'31.1'8.7'17.9'8.7'21.3'42.2'21.6'14.6'9.1'5.4'9.0'N00°37'04"W 110.00'S89°22'56"W 98.53'S06°24'53"W 110.83'N89°22'56"E 112.10'
LOT 11
PB 25, PG 154
CANAL
155' WIDE R/W WIDTH
(PB 25, PG 154)
ATT BOX(2)
ELECTRIC BOXWATER METER
FND IR4 ILLEGIBLE
6' CBS WALL 0.5'S
FND IR4
FND NAIL
IN CONC
4'CLF 1.5'E
6' CBS WALL
0.1' E
4' CLF
1.8'E
5' WOOD DOCK
10'X10' BOAT LIFT
4' ALUM FNC
POOL SPA
A/C
A/C
A/C PUMP4' ALUM
FNC
2' CONC. BULKHEAD
BRICK DECK
BRICK DECK
PAVED DRIVE
BEL-AIR DRIVE
PRM
NOT FND
LOT 12
PB 25, PG 154
CANAL R/W LINE
CANAL
R/W LINE
R/W LINE
℄ OF R/W
CB
EOP
CONC STAIRS
CONC
STAIRS
COVERED
ENTRY
COVERED
ENTRY
COVERED
PORCH
EXISTING SITE CONDITIONS
SCALE: 1' = 20'
EXISTING ELEVATOR
LIFT TO BE REPLACED
IN EXACT FOOTPRINT
MARK WEBER, P.E.
LICENSE #53895 CA30702
MW ENGINEERING, INC.
902 NE 1ST STREET SUITE #2
POMPANO BEACH, FLORIDA 33060
OFFICE: (754) 333 - 0877
WEBSITE: MWENGINEERING.NET
SHEET 1 OF 4
PREPARED FOR:
B&M MARINE CONSTRUCTION, INC.
1121 S. MILITARY TRAIL SUITE #200
DEERFIELD BEACH, FL 33442
O: (954) 421 - 1700
PROJECT:
PROPOSED ELEVATOR LIFT FOR:
JASON GIACHETTI
1118 BEL AIR DRIVE
HIGHLAND BEACH, FL 33487
Southeast District
Permit Number
50-235272-004-EE
Page 47
ee
WMXXXXXX
X
LOT 10
PB 25, PG 154
2-STORY TRIPLEX RESIDENCE
1118 BEL AIR DRIVE
LOT 9
PB 25, PG 154 5.4'9.2'21.0'21.4'48.6'31.1'8.7'17.9'8.7'21.3'42.2'21.6'14.6'9.1'5.4'9.0'N00°37'04"W 110.00'S89°22'56"W 98.53'S06°24'53"W 110.83'N89°22'56"E 112.10'
LOT 11
PB 25, PG 154
CANAL
155' WIDE R/W WIDTH
(PB 25, PG 154)
ATT BOX(2)
ELECTRIC BOXWATER METER
FND IR4 ILLEGIBLE
6' CBS WALL 0.5'S
FND IR4
FND NAIL
IN CONC
4'CLF 1.5'E
6' CBS WALL
0.1' E
4' CLF
1.8'E
5' WOOD DOCK
4' ALUM FNC
POOL SPA
A/C
A/C
A/C PUMP4' ALUM
FNC
2' CONC. BULKHEAD
BRICK DECK
BRICK DECK
PAVED DRIVE
BEL-AIR DRIVE
PRM
NOT FND
LOT 12
PB 25, PG 154
CANAL R/W LINE
CANAL
R/W LINE
R/W LINE
℄ OF R/W
CB
EOP
CONC STAIRS
CONC
STAIRS
COVERED
ENTRY
COVERED
ENTRY
COVERED
PORCH
PROPOSED SITE CONDITIONS
SCALE: 1' = 20'
PROPOSED 17,000LB
ELEVATOR LIFT WITHIN
EXACT FOOTPRINT
10'
10'
MARK WEBER, P.E.
LICENSE #53895 CA30702
MW ENGINEERING, INC.
902 NE 1ST STREET SUITE #2
POMPANO BEACH, FLORIDA 33060
OFFICE: (754) 333 - 0877
WEBSITE: MWENGINEERING.NET
SHEET 2 OF 4
PREPARED FOR:
B&M MARINE CONSTRUCTION, INC.
1121 S. MILITARY TRAIL SUITE #200
DEERFIELD BEACH, FL 33442
O: (954) 421 - 1700
PROJECT:
PROPOSED ELEVATOR LIFT FOR:
JASON GIACHETTI
1118 BEL AIR DRIVE
HIGHLAND BEACH, FL 33487
Southeast District
Permit Number
50-235272-004-EE
Page 48
10'
PROPOSED 17,000LB
ALUMINUM ELEVATOR
LIFT. MOUNTED TO
EXISTING PILING
5'
EXISTING
SEAWALL & CAP
SYSTEM TO
REMAIN
EXISTING WOOD
DOCK SYSTEM
TO REMAIN
EXISTING BERM
TO REMAIN
MHWL: 0.31' NAVD 88
MLWL: -2.16' NAVD 88
PER FL-DEP PDC GUIDELINES:
- VESSEL TO BE STORED AS HIGH ABOVE MHW AS
POSSIBLE
- LIFT TO BE UNCOVERED
- LIFT TO BE INSTALLED IN EXACT FOOTPRINT AS
EXISTING
CROSS SECTION
SCALE: 1 4" = 1'-0"
MARK WEBER, P.E.
LICENSE #53895 CA30702
MW ENGINEERING, INC.
902 NE 1ST STREET SUITE #2
POMPANO BEACH, FLORIDA 33060
OFFICE: (754) 333 - 0877
WEBSITE: MWENGINEERING.NET
SHEET 3 OF 4
PREPARED FOR:
B&M MARINE CONSTRUCTION, INC.
1121 S. MILITARY TRAIL SUITE #200
DEERFIELD BEACH, FL 33442
O: (954) 421 - 1700
PROJECT:
PROPOSED ELEVATOR LIFT FOR:
JASON GIACHETTI
1118 BEL AIR DRIVE
HIGHLAND BEACH, FL 33487
Southeast District
Permit Number
50-235272-004-EE
Page 49
CONSTRUCTION BARGE
(TYP.)
30.0'
90.0'
MARK WEBER, P.E.
LICENSE #53895 CA30702
MW ENGINEERING, INC.
902 NE 1ST STREET SUITE #2
POMPANO BEACH, FLORIDA 33060
OFFICE: (754) 333 - 0877
WEBSITE: MWENGINEERING.NET
SHEET 4 OF 4
PREPARED FOR:
B&M MARINE CONSTRUCTION, INC.
1121 S. MILITARY TRAIL SUITE #200
DEERFIELD BEACH, FL 33442
O: (954) 421 - 1700
PROJECT:
PROPOSED ELEVATOR LIFT FOR:
JASON GIACHETTI
1118 BEL AIR DRIVE
HIGHLAND BEACH, FL 33487
Southeast District
Permit Number
50-235272-004-EE
Page 50
PUBLIC COMMENT
Page 51
4500 S Ocean Blvd
Highland Beach
Ingrid Allen
Town Planner
Highland Beach
12th May 2021
Dear Ingrid
Proposal for Boatlift at 1118 Bel Air Drive
Development Order application (No. DO21-004)
We have spoken a few times about this proposal and I am now writing to express our objections to the
proposal to install a new larger boat lift.
To recap some facts:
•The proposal is to replace a smaller boatlift, suitable for storing jet skis or small boats with a
larger lift capable of 17000 lbs.
•Based on the position of the new wood pilings and angled steel already inserted (prior to the
cease work order), it is located further East (ie closer to us) than the previous lift.
•This section of Camino Cove’s dock (in the “corner” of the canal) is used by some residents to
launch kayaks
I am attaching some photographs of the area taken before the project was attempted, and also today,
showing the potential impact of the proposal.
One can see that if this huge structure with a 17,000 lb boat stored high enough to clear high water is
located in the proposed position, so close to the Camino Cove dock, the result will be:
•An eyesore, blocking views of the canal
•A potential obstruction to users of our dock
•A potential safety hazard
It is not clear at all to us why a boat lift is necessary in the first place, and secondly, why it has to be
positioned so close to us.
I would add that in our subdivision of Camino Cove, there is a bye-law prohibiting the construction of
boat lifts, in force since the 1980s, demonstrating that collectively, we care about maintaining the
beauty of our area.
We want everyone to enjoy their boating as much as we do. However, in this instance the proposal
seems to have a complete disregard for the impact on their neighbors, and the environment.
In light of this, and the disregard shown by attempting work without a permit or neighborly
consultation, we urge the Town to reject this application completely.
Our neighbors will still be able to use the dock to moor their boats – without a lift, it will be more in
harmony with the environment in our locality.
Sincerely
Julian Veitch
Page 52
This is the structure that is
proposed to be located (even
closer to the end of the canal
than the small lift.
Notice how large and how
high it is.
This is the previous small lift
(now removed)
This is the dock of our
community at Camino Cove
Locating such a huge structure so close to the
corner of the canal creates:
1. An eyesore, blocking views of the canal
2. Potential obstruction to users of our dock
3. Potential Safety Issue
View Prior to Construction Work
(Halted by Town Planning Enforcement)
Page 53
This is the current view looking
west from our living room
The wood pilings and angled steel
for the lift have already been
installed (without a permit from
the town)
This is a simulation of what it
would look like with the new lift
loaded with a boat.
Current View (May 2021)
Page 54
This is the dock of our
community at Camino Cove
This area is used by some to
launch their kayaks
West Property line 1118
Proposed location of
17000 lb boat lift
View in other
photos
Aerial View
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