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Land Development and Planning Project Files_2901 S. Ocean Blvd._20220113_Application No. 21-0011
TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Applicant/Owner: Highlands Place Condominium Association, Inc. Property Address: 2901 S. Ocean Blvd., Highland Beach, FL 33487 Property Control Number: 24-43-46-33-37-000-0000 Application No. 21-0011 Date: January 13, 2022 REVIEW GIVEN TO SUBJECT PROPETY D C8J D D Preliminary Review: Final Review: Install a 721 Square Foot Dock and 126 Linear Foot Seawall and Cap Amended Site Plan Review Other AT THE JANUARY 13, 2022, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: D Denied C8J Recommendation to Approve D Approved with Modifications ( as noted) D Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E., IS?�/RA /'} if TO TOWN COMMISSION, RETURN TO APPLICANT, ETC. .... _ -, Eric Goldenberg, Ch . rper on ----uate I / i ,.. i i IF THE ABOVE PLAN§/ WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD'S FINDINGS: MOTION: Axelrod/DeMoss -Moved to approve Development Order Application No. 21-0011 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: 01/13/2022 File Attachments for Item: A. Development Application No. 21-0011 / Highlands Place Condominium Association, Inc. Application by B&M Marine Construction, Inc. for a special exception approval to install a 721 square foot dock and a 126 linear foot seawall and cap for the property located at 2901 South Ocean Boulevard. Page 13 ADDENDUM TO 12-9-21 PLANNING BOARD STAFF REPORT MEETING OF: JANUARY 13, 2022 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY B&M MARINE CONSTRUCTION, INC. FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 721 SQUARE FOOT DOCK AND A 126 LINEAR FOOT SEAWALL AND CAP FOR THE PROPERTY LOCATED AT 2901 SOUTH OCEAN BOULEVARD (APPLICATION NO. 21-0011) At the December 9, 2021 Planning Board (“Board”) meeting, the Board made a motion to continue Development Order Application No. 21-0011 to the January 13, 2022 Board meeting (motion carried 5-1) so that the Board can hear from the Applicant (Highlands Place Condominium Association, Inc.). Discussion among the Board included why the Applicant is not extending the proposed seawall to the edge of the north property line. The Applicant’s authorized agent, David Nutter, indicated that the current seawall is “ready to fail” and that the Applicant’s request was to stay within the same footprint of the current seawall. Following the December 9, 2021 Board meeting, staff received correspondence from the Property Manager (Ms. Heather Rubin) of Highland Place Condominium (Attachment No. 1). Ms. Rubin indicates that she will attend the January 13, 2022 Board meeting. Note that Section 6-130 of the Town Code provides the following maintenance provision pertaining to seawalls: Sec. 6-130. Maintenance. All seawalls, bulkheads and retaining walls now existing or hereafter erected, constructed or built shall be maintained and kept in good repair by the owner thereof. Attachments: Attachment No. 1 – Correspondence from Highlands Place Condominium Property Manager. 12-9-21 Planning Board draft minutes. HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 14 From:Heather Rubin To:Ingrid Allen Cc:B & M MARINE CONSTRUCTION, INC. *; board@highlandsplace.org Subject:Highlands Place - Seawall Permit Date:Tuesday, December 14, 2021 2:41:30 PM Good afternoon Ingrid. I just left you a voicemail but thought it might be a good idea to follow up with an email. I understand that our permit’s review got pushed to next month bc the Town is wanting to ask questions about the Building extending the seawall. At this time the Building is undergoing a million dollar pipe lining project. At the same time we are preparing for a 1.5 million dollar roof replacement in April. At the same time we are also needing to replace our parking deck trellis. We just finished reinforcing our sundeck, replacing the garage exhaust fans, pool heater and spa heater, improving our pool room ventilation system – all within the past year. We are not a large building and the owners are looking for some relief from all these projects and assessments. When I started at this building a year ago I discovered a very large crack that extends down the length of the seawall. I saw this as an urgent matter that needs to be resolved immediately. I and the Board have done everything reasonably possible to expedite this to ensure the safety of anyone attempting to use that area. I have posted out of service signs, private property no trespassing signs and taped off the dock but pedestrians continue to pull their boats up to this area with no regard. Additionally, I noticed just last week that the seawall is actually starting to break apart. I had hoped that by now this project would already be completed but I was misinformed as to how long this permit process takes. If extending the seawall and closing in the beach is not mandatory then I would ask that the Town not require it at this time and let us revisit it either at a later date or during the next time we do work to this area. Our money is already tied up in multiple large scale projects that cannot wait and time with the seawall is not our friend. To change up the plans at this point would cost not only more money but more time – both of which we just don’t have. I am asking for your help with this matter please. I would very much like to get the permit approved so that we can start this work immediately without any further delay. I am happy to attend next month’s meeting but I cannot even begin to express the frustration and anxiety that set over me when David told me that the Town had pushed our approval over items that to my understanding are not required. Please let me know if there is anything you can do to help me expedite this permit. Thank you, Heather Rubin, LCAM, CMCA Highlands Place Condominiums 2901 S. Ocean Blvd. ATTACHMENT NO. 1 Page 15 Highlands Beach, FL 33487 Phone: 561-276-4722 If you have been happy with my service and are willing, please leave a review mentioning my name at: Thankmycam.com. Page 16 Planning Board Regular Meeting Minutes Date: December 09, 2021 Page 5 of 7 C. Development Application No. 21-0010 / Bel Lido Property Owners Association, Inc. Application by Richard N. Mendelson for a special exception approval to install a 400 square foot dock for the property located at 1124 Highland Beach Drive. MOTION: Axelrod/DeMoss – Moved to approve the agenda with the deletion of Item 9C. The motion passed on a 6 to 0 vote. D. Development Application No. 21-0011 / Highlands Place Condominium Association, Inc. Application by B&M Marine Construction, Inc. for a special exception approval to install a 721 square foot dock and a 126 linear foot seawall and cap for the property located at 2901 South Ocean Boulevard. Chairperson Goldenberg read the title of Item 9D and asked the Board members if they had any ex parte communications to disclose? The Board members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present her recommendations regarding the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the site plans, the property, and the proposed wood dock and seawall cap. She advised that the new proposed dock will replace an existing dock and that the applicant has obtained approval from the Florida Department of Environmental Protection (FDEP). The request is consistent with the special exception provisions of Section 30-36 of the Town Code, were applicable and consistent with the Town Comprehensive Plan and Code of Ordinances. Staff recommends approval of the proposed special exception request to install a 721 square foot dock and a 126 linear foot seawall and cap based on the plans date stamped received by the Building Department on November 17, 2021. Ms. Allen advised that if the Planning Board approves the request, the applicant will be required to obtain a building permit from the Town of Highland Beach Building Department following such approval and prior to initiation of construction. According to Section 30-21(g) of the Town Code, the commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Chairperson Goldenberg asked the Board members if they had any questions. Afterward, there was a dialogue between the Board members and Town Attorney Rubin regarding an email included in the agenda packet related to the height of the seawall. Additionally, there was a dialogue between the Board members, Town Planner Allen, and Page 17 Planning Board Regular Meeting Minutes Date: December 09, 2021 Page 6 of 7 Mr. David Nutter (authorized agent for the applicant) about the location of the new seawall, the gap between the property and the neighbor's seawall, the reason the property owner was replacing the current seawall, and the height of the current seawall. Hearing no further comments, Chairperson Goldenberg closed the public hearing and asked for a motion. The Board members discussed delaying this item until the Board hears from the applicant. MOTION: DeMoss/Axelrod - Moved to continue Development Application No. 21-0011 until January 13, 2021, Planning Board Regular Meeting. Based upon the roll call, the motion passed on a 5 to 1 vote with Vice Chairperson Mendelson dissenting. E. Proposed Ordinance Pertaining to Rezoning Three (3) Parcels of Real Property to Correct Scrivener's Error An Ordinance of the Town of Highland Beach, Florida, rezoning three (3) parcels of real property totaling approximately 1.03 acres located in the Boca Cove Development along South Ocean Boulevard approximately 300 feet south of Russell Drive, as more particularly described herein, from No Zoning Designation to the Residential Multiple-Family Low Density (RML) Zoning District to correct a scrivener’s error; providing for severability; providing for conflicts; and providing an effective date. Town Planner Allen presented a PowerPoint presentation. MOTION: DeMoss/Axelrod - To approve the Proposed Ordinance pertaining to rezoning three (3) parcels of real property to correct scrivener's errors. Based upon the roll call, the Proposed Ordinance passed on a 6 to 0 vote. F. Proposed Ordinance Pertaining to Future Land Use Map Amendment An Ordinance of the Town of Highland Beach, Florida, adopting a small-scale amendment to the Town Comprehensive Plan to amend the Future Land Use Designation of a 0.8315 acre parcel of land located in the Boca Cove Development along South Ocean Boulevard approximately 300 feet south of Russell Drive, as more particularly described herein, from No Future Land Use Classification to Multi Family Low Density to correct a scrivener’s error; providing for severability; providing for conflicts; and providing an effective date. Town Planner Allen presented a PowerPoint presentation. MOTION: Axelrod/DeMoss - To approve the Proposed Ordinance pertaining to Future Land Use Map Amendment. Page 18 PLANNING BOARD STAFF REPORT MEETING OF: DECEMBER 9, 2021 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY B&M MARINE CONSTRUCTION, INC. FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 721 SQUARE FOOT DOCK AND A 126 LINEAR FOOT SEAWALL AND CAP FOR THE PROPERTY LOCATED AT 2901 SOUTH OCEAN BOULEVARD (APPLICATION NO. 21-0011) Applicant (Property Owner): Highlands Place Condominium Association, Inc. 2901 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: David Nutter B & M Marine Construction, Inc. 1211 South Military Trail, #220 Deerfield Beach, FL 33442 Property Characteristics: Comprehensive Plan Land Use: Multi Family High Density Zoning District: Residential Multiple Family High Density (RMH) Request and Analysis: The Applicant is proposing to install a new 721 square foot wood dock and a 126 linear foot seawall and cap within 18 inches waterward of the existing seawall. The new proposed dock will replace an existing dock. Pursuant to Section 6-128 of the Town Code, n o 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 appr oved by all federal, state and county agencies with jurisdiction over such construction activities, the planning I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 19 board and the town consulting engineer, with a copy of such plans and specifications being filed with the town. The Applicant has obtained Flo rida Department of Environmental Protection (FDEP) approval for the above-referenced items (File No. 50-0406239-001,002-EE). According to the FDEP approval (dated July 23, 2021), a separate permit or authorization will not be required from the US Army Corps of Engineers (ACOE). 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 is 6.0 feet NAVD. While the plan set the Applicant submitted to FDEP indicates a proposed seawall and cap at +/- five (5) feet (NAVD), the Applicant has provided additional correspondence from FDEP indicating that the proposed seawall at six (6) feet (NAVD), as provided on the plan set submitted to the Town, would comply with FDEP regulations (see attached FDEP approval). The Applicant’s request is consistent with the special exception provisions of Section 30-36 of the Town Code, were applicable, and consistent 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 Multiple Family Low Density (RML) 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. If the Planning Board approves the request, the Applicant will be required to obtain a building permit from the Town of Highland Beach Building Department following such approval and 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. Staff recommends approval of the special exception request to install a 721 square foot dock and a 126 linear foot seawall and cap based on the plans date stamped received by the Building Department on November 17, 2021: Plans meet Town of Highland Beach Zoning and other governmental agencies requirements and are consistent with the Town Comprehensive Plan. II. Recommendation Page 20 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 Aerials FDEP approval HOA approval Applicant Plans Page 21 Page 22 Page 23 Page 24 2901 South Ocean Boulevard 03/24/2021 SUBJECT PROPERTY Page 25 2901 S. Ocean Blvd. 03/05/2021 SUBJECT PROPERTY Page 26 ATTACHMENT NO. 1 Page 27 Page 28 Page 29 www.floridadep.gov FLORIDA DEPARTMENT O F Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Interim Secretary July 23, 2021 Highlands Place Condominium Association, Inc. 2901 S. Ocean Blvd. Highland Beach, FL 33487 Sent via agent’s email; jena@thechappellgroup.com Re: File No.: 50-0406239-001,002-EE File Name: Highlands Place Condominium Association, Inc To Whom It May Concern: On June 24, 2021, we received your request for verification of exemption to perform the following activities: 1) construct a new 721 sq. ft. dock in the same location as the existing dock; 2) install 126 ln. ft. of seawall within 18 inches waterward (wetface to wetface) of the existing seawall; and 3) install king and batter piles. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 2901 S. Ocean Blvd., Highland Beach (Section 33, Township 46 South, Range 43 East), in Palm Beach County (Latitude N 26.423144º, Longitude W - 80.064418º). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project qualifies for all three. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. 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 John Tracey at the letterhead address or at 561-681-6717, John.Tracey@FloridaDEP.gov . Page 30 Project No.: 50-0406239-001,002-EE Project Name: Highlands Place Condominium Association, Inc Page 2 of 5 1. Regulatory Review – VERIFIED Based on the information submitted, the Department has verified that the activities as proposed are exempt, under Chapter 62-330.051(5)(b) and (12)(b and d), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re-verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - APPROVED Your proposed activity as outlined in your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V-R1, 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 19 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. Special conditions required for 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 - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be Page 31 Project No.: 50-0406239-001,002-EE Project Name: Highlands Place Condominium Association, Inc Page 3 of 5 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. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62- 110.106(10)(a). Page 32 Project No.: 50-0406239-001,002-EE Project Name: Highlands Place Condominium Association, Inc Page 4 of 5 The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Page 33 Project No.: 50-0406239-001,002-EE Project Name: Highlands Place Condominium Association, Inc Page 5 of 5 _________________________________ Danielle C. Sattelberger Environmental Manager Southeast District Enclosures: Attachment A- Specific Exemption Rule Special Conditions for Federal Authorization for SPGP V-R1 General Conditions for Federal Authorization for SPGP V-R1 Project drawings, 6 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 – Danielle Sattelberger, John Tracey Jena Robbins, The Chappell Group LLC, 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. July 23, 2021 Clerk Date Page 34 Attachment A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒ (b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This includes associate d structures such as boat shelters, boat lifts, and roofs, provided: 1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.; 2. No structure is enclosed on more than three sides with walls and doors; 3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. (12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other 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. (d) Installation of batter piles, king piles, or a seawall cap, used exclusively to stabilize and repair seawalls, provided they do not impede navigation. Page 35 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- 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 Page 36 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 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. Page 37 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 Shoreline Stabilization Activities 1. Shoreline stabilization materials must be placed by hand around red mangrove prop roots (Reference: JAXBO PDC A1.3.). 2. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic habitat enhancement. Native plants can be placed along the shoreline or between the shoreline and the living shoreline structure (Reference: JAXBO PDC A7.4.). 3. Living shoreline structures and permanent wave attenuation structures can only be constructed out of the following materials: oyster breakwaters, clean limestone boulders or stone (sometimes contained in metal baskets or cages to contain the material), small mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth sawfish, or sturgeon (Reference: JAXBO PDC A7.5.). a. Reef balls or similar structures are authorized if are not open on the bottom, open-bottom structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre- fabricated structures are designed in a manner so that they do not trap sea turtles. b. Oyster reef materials shall be placed and constructed in a manner that ensures that materials will remain stable and that prevents movement of materials to surrounding areas (e.g., oysters will be contained in bags or attached to mats and loose cultch must be Page 38 surrounded by contained bagged oysters or another stabilizing feature) (Reference: JAXBO PDC A7.2.). c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall not be indiscriminately dumped or allowed to spread outside of the reef structure) (Reference: JAXBO PDC A7.3.). d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). e. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). f. Other materials are not authorized by this SPGP V-R1 (Reference: JAXBO PDC A7.5.). 4. For living shorelines, only native plant species can be planted (Reference: JAXBO PDC A7.1.). 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.). 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 Page 39 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.). 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 Page 40 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 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 b y 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.): Page 41 (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. (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 Page 42 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 43 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 44 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 45 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. 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 46 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 47 Page 48 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 49 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 50 PROJECT LOCATION 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. 2021 PREPARED FOR: ·Environmental Consultants ·Marina & Wetland Permitting ·Mitigation Design & Monitoring ·T&E Species Surveys ·Tree Surveys/Appraisals KEH East Mca$ oad Pompano eac*X lorida GGNJN telT MIHTKLFTEMNL (a:T MIHTKLFTEENL P C T 999Tt*ec*appellgroupTcom of :Date: Proj No.: COVER 1 6 21-0039 6/22/2021 HIGHLANDS PLACE CONDO B&M MARINE CONSTRUCTION LOCATION MAP (N.T.S.)VICINITY AERIAL (N.T.S.) DRAWING INDEX SHEET 1: COVER SHEET 2: EXISTING CONDITIONS SHEET 3: PROPOSED CONDITIONS SHEET 4: SECTION A SHEET 5: SECTION B SHEET 6: DETAILS PROJECT LOCATION HIGHLANDS PLACE CONDO PLAN SETSoutheast District Permit Number 50-406239-001,002-EE Page 51 101.6' 153.2' 5. 1 ' 2 1 . 9 ' A A B B PROPERTY LINE EXISTING WOOD MOORING PILE TO BE REMOVED (1) 29 . 9 ' 33 . 0 ' EAST EDGE OF CHANNEL 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. 2021 PREPARED FOR: ·Environmental Consultants ·Marina & Wetland Permitting ·Mitigation Design & Monitoring ·T&E Species Surveys ·Tree Surveys/Appraisals KEH East Mca$ oad Pompano eac*X lorida GGNJN telT MIHTKLFTEMNL (a:T MIHTKLFTEENL P C T 999Tt*ec*appellgroupTcom of :Date: Proj No.: EXISTING CONDITIONS 2 6 21-0039 6/22/2021 HIGHLANDS PLACE CONDO B&M MARINE CONSTRUCTION NORTH SCALE 1" = 30' NOTE: SURVEY INFORMATION PROVIDED BY COUSINS SURVEYORS & ASSOCIATES, INC. ELEVATIONS SHOWN AS NAVD88. LEGEND EXISTING WOOD DOCK TO BE REMOVED (±693 SQ. FT.) SUBJECT SITE (1.7 AC) M.H.W. = 0.35' NAVD88 M.L.W. = (-)2.04' NAVD88 EXISTING CONCRETE PANEL SEAWALL TO BE REMOVED DUE TO WALL FAILURE (±123.5 LN. FT.) EXISTING RIP RAP TO REMAIN (±817 SQ. FT.) Southeast District Permit Number 50-406239-001,002-EE Page 52 103.0' 155.0' 5. 0 ' 6. 5 ' 7. 4 ' 5. 1 ' 2 3 . 0 ' A A B B PROPERTY LINE PROPOSED WETFACE 29 . 9 ' 33 . 0 ' EAST EDGE OF CHANNEL 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. 2021 PREPARED FOR: ·Environmental Consultants ·Marina & Wetland Permitting ·Mitigation Design & Monitoring ·T&E Species Surveys ·Tree Surveys/Appraisals KEH East Mca$ oad Pompano eac*X lorida GGNJN telT MIHTKLFTEMNL (a:T MIHTKLFTEENL P C T 999Tt*ec*appellgroupTcom of :Date: Proj No.: PROPOSED CONDITIONS 3 6 21-0039 6/22/2021 HIGHLANDS PLACE CONDO B&M MARINE CONSTRUCTION NORTH SCALE 1" = 30' NOTE: SURVEY INFORMATION PROVIDED BY COUSINS SURVEYORS & ASSOCIATES, INC. ELEVATIONS SHOWN AS NAVD88. LEGEND PROPOSED CONCRETE PANEL SEAWALL W/ KING & BATTER PILES (±126 LN. FT.) SUBJECT SITE (1.7 AC) M.H.W. = 0.35' NAVD88 M.L.W. = (-)2.04' NAVD88 EXISTING RIP RAP TO REMAIN (±817 SQ. FT.) PROPOSED WOOD DOCK (±721 SQ. FT.) Southeast District Permit Number 50-406239-001,002-EE Page 53 -6.0' -10.0' EXISTING WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING CONCRETE PANEL SEAWALL TO BE REMOVED EXISTING UPLAND PROPERTY VARIES EXISTING SEAWALL AND CAP TO BE REMOVED ±3.6' NAVD INTRACOASTAL WATERWAYPL EXISTING KING PILE TO BE REMOVED ±2.1' DISTANCE FROM PROPERTY LINE TO EXISTING WETFACE DISTANCE FROM EXISTING WETFACE TO EDGE OF EXISTING DOCK ±5.3' EAST EDGE OF ICWW EXISTING BATTER PILE TO BE REMOVED ±3.0' EXISTING 3.8' WOOD DOCK TO BE REMOVED ±3.4' NAVD -6.0' -10.0' PROPOSED WETFACE -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING UPLAND PROPERTY VARIES INTRACOASTAL WATERWAYPL ±1.2' DISTANCE FROM PROPERTY LINE TO PROPOSED WETFACE DISTANCE FROM PROPOSED WETFACE TO EDGE OF PROPOSED DOCK ±6.5' EAST EDGE OF ICWW PROPOSED ±5.0' WOOD DOCK ±5.0' NAVD ±3.0' PROPOSED CONCRETE SEAWALL AND CAP ±5.0' NAVD ±1.5' PROPOSED CONCRETE PANEL SEAWALL PROPOSED KING PILES (14)PROPOSED CONCRETE 12-INCH BATTER PILES (14) PROPOSED WOOD 12-INCH DOCK PILES (27) PROPOSED WETFACE TO BE NO GREATER THAN 18" WATERWARD OF EXISTING WETFACE PROPOSED CLEAN BACKFILL DISTANCE FROM EDGE OF EXISTING DOCK TO EAST EDGE OF ICWW ±29.9' DISTANCE FROM EDGE OF PROPOSED DOCK TO EAST EDGE OF ICWW ±29.9' 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. 2021 PREPARED FOR: ·Environmental Consultants ·Marina & Wetland Permitting ·Mitigation Design & Monitoring ·T&E Species Surveys ·Tree Surveys/Appraisals KEH East Mca$ oad Pompano eac*X lorida GGNJN telT MIHTKLFTEMNL (a:T MIHTKLFTEENL P C T 999Tt*ec*appellgroupTcom of :Date: Proj No.: SECTION A 4 6 21-0039 6/22/2021 HIGHLANDS PLACE CONDO B&M MARINE CONSTRUCTION Southeast District Permit Number 50-406239-001,002-EE Page 54 -6.0' -10.0' -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING UPLAND PROPERTY VARIES INTRACOASTAL WATERWAYPL ±5.0' DISTANCE FROM WATER'S EDGE TO PROPERTY LINE ±12.3' EAST EDGE OF ICWW EXISTING RIP RAP TO REMAIN EXISTING 5.1' WOOD DOCK TO BE REMOVED ±3.3' NAVD DISTANCE FROM PROPERTY LINE TO EDGE OF EXISTING DOCK -6.0' -10.0' -2.04' M.L.W. 0.35' M.H.W. NAVD EXISTING UPLAND PROPERTY VARIES INTRACOASTAL WATERWAYPL DISTANCE FROM WATER'S EDGE TO PROPERTY LINE ±15.5' EAST EDGE OF ICWW EXISTING RIP RAP TO REMAIN PROPOSED 5.0' WOOD DOCK ±5.0' NAVD DISTANCE FROM PROPERTY LINE TO EDGE OF PROPOSED DOCK ±3.5' PROPOSED WOOD 12-INCH DOCK PILES (27) DISTANCE FROM EDGE OF EXISTING DOCK TO EAST EDGE OF ICWW ±33.0' DISTANCE FROM EDGE OF PROPOSED DOCK TO EAST EDGE OF ICWW ±33.0' 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. 2021 PREPARED FOR: ·Environmental Consultants ·Marina & Wetland Permitting ·Mitigation Design & Monitoring ·T&E Species Surveys ·Tree Surveys/Appraisals KEH East Mca$ oad Pompano eac*X lorida GGNJN telT MIHTKLFTEMNL (a:T MIHTKLFTEENL P C T 999Tt*ec*appellgroupTcom of :Date: Proj No.: SECTION B 5 6 21-0039 4/21/2021 HIGHLANDS PLACE CONDO B&M MARINE CONSTRUCTION Southeast District Permit Number 50-406239-001,002-EE Page 55 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. 2021 PREPARED FOR: ·Environmental Consultants ·Marina & Wetland Permitting ·Mitigation Design & Monitoring ·T&E Species Surveys ·Tree Surveys/Appraisals KEH East Mca$ oad Pompano eac*X lorida GGNJN telT MIHTKLFTEMNL (a:T MIHTKLFTEENL P C T 999Tt*ec*appellgroupTcom of :Date: Proj No.: DETAILS 6 6 21-0039 4/21/2021 HIGHLANDS PLACE CONDO B&M MARINE CONSTRUCTION Southeast District Permit Number 50-406239-001,002-EE Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Sold To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Bill To: Town of Highland Beach Florida - CU00661788 3614 S Ocean Blvd Highland Beach FL 33487,FL 33487-3393 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Town of Highland Beach Florida Was published in said newspaper in the issues of; Nov 29, 2021 Affiant further says that the said SUN-SENTINEL is a newspaper published in said BROWARD/PALM BEACH/MIAMI-DADE County, Florida, and that the said newspaper has heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County, Florida, each day and has been entered as second class matter at the post office in BROWARD County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm or corporation, any discount, rebate, commission or refund, for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn to and subscribed before me this: November 30, 2021. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: gthompson@highlandbeach.us 7090639 SUN-SENTINEL Page 67 SUN-SENTINEL Page 68 Order # - 7090639 SUN-SENTINEL Page 69 Page 70 Page 71