Land Development and Planning Project Files_4326 Intracoastal Dr._20220310_Application No. 22-0002 PLANNING BOARD
STAFF REPORT
MEETING OF: MARCH 10, 2022
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY WILLIAM R. THOMAS, UNLIMITED PERMIT
SERVICES INC., FOR A SPECIAL EXCEPTION APPROVAL TO
INSTALL A 296 SQUARE FOOT DOCK, A 25,000 POUND
CAPACITY BOAT LIFT, AND A 7,000 POUND CAPACITY DUAL
JET-SKI LIFT FOR THE PROPERTY LOCATED AT 4326
INTRACOASTAL DRIVE (DO #22-0002).
Applicant (Property Owner): Anthony Delprete
4326 Intracoastal Drive
Highland Beach, Fl. 33487
Applicant’s Agent: William Thomas
Unlimited Permit Services, Inc.
902 Northeast 1 Street, Suite #2
Pompano Beach, Fl. 33060
Property Characteristics:
Comprehensive Plan Land Use: Single Family
Zoning District: Residential Single Family (RS)
Parcel PCN#: 2443-47-04-02-004-0140
Request and Analysis:
The Applicant is proposing to install a 296 square foot dock, a four (4)-post 25,000 pound capacity
boat lift, and a 7,000 pound capacity dual jet-ski lift for the property located at 4326 Intracoastal
Drive.
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 124
The Applicant has obtained both Florida Department of Environmental Protection (FDEP)
authorization and US Army Corps of Engineers (ACOE) authorization for the above-referenced
request. The corresponding file numbers for each agency are provided in the table below.
FDEP (FILE NO.) ACOE (FILE NO.)
50-041130-001-EE SAJ-2021-03577(GP-CGK)
According to the Applicant’s 25,000 pound capacity boat lift detail (sheet 5 of 6), the top of the
lift measures 5 feet 9 inches from the dock. The Applicant has indicated to staff that the
superstructure components of the boat have not been finalized and therefore are not superimposed
or dimensioned on the lift detail. That said and at the request of staff, the Applicant has provided
on sheet 5, the definition of “boat lift” as provided in Section 30-131 (and noted below) for
compliance purposes.
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.
The proposed 7,000 pound capacity dual jet-ski lift will provide perpendicular mooring of jet skis.
Section 30-68(g)(7)b. of the Town Code states that a boat moored in the Intracoastal Waterway may
be moored perpendicular to the property line, subject to approval by the U.S. Army Corps of
Engineers which, as noted above, the Applicant has received.
Pursuant to Section 30-68(g)(6)d.2. of the Town Code, accessory marine facilities (which includes
docks and boat lifts) located in Single-family zoning districts shall provide a 25-foot side yard
setback. The applicant’s request is compliant with this setback requirement.
Section 30-68(h)(1)a. of the Town Code, states that the installation of a dock and boat lift(s) shall
be subject to special exception approval by the Planning Board at an advertised public hearing.
Section 30-36(a) of the Town code states that if the Planning Board is the final authority on the
special exception, then it shall approve, approve with conditions, or deny the application.
Staff has reviewed the Applicant’s proposed request and finds that the project is consistent with the
Zoning Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable,
and the Town Comprehensive Plan.
Following an approval by the Planning Board and prior to initiation of construction, the Applicant
will be required to obtain a building permit from the Town of Highland Beach Building
Department. 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.
Page 125
Staff recommends approval to install a 296 square foot dock, a 25,000 pound capacity boat lift,
and a 7,000 pound capacity dual jet-ski lift for the property located at 4326 Intracoastal Drive
based on the plans date stamped received by the Building Department on February 4, 2022.
Plans meet Town of Highland Beach Zoning and other governmental agencies
requirements.
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
ACOE approval
Applicant Plans
II. Recommendation
Page 126
Page 127
Page 128
Page 129
4326 Intracoastal Drive03/09/2021SUBJECT PROPERTYPage 130
432 6 In tra coa sta l Drive
Palm Beach Cou ntyNoneFebruary 8, 202 2
0 0 .0 095 0.0 190.00 4 75 m i
0 0 .0 1 5 0.030.007 5 km
1:576
Page 131
www.floridadep.gov
F LORIDA 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
Shawn Hamilton
Secretary
November 4, 2021
Anthony Delprete
6 Wildwood Road
Saddle River, NJ 07458
Sent via e-mail: adel2407@gmail.com
Re: File No.: 50-041130-001-EE
File Name: Delprete Dock and Boatlift
Dear Mr. Delprete:
On October 20, 2021, we received your request for verification of exemption to install a 296 sq.
ft. marginal dock, one boatlift, and one dual jet-ski lift. The project is located in the Intracoastal
Waterway, Class III Waters, adjacent to 4326 Intracoastal Drive, Palm Beach (Section 04,
Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26°23'54.5271",
Longitude W -80°4'10.7036").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption,
(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the United States.
Your project did not qualify for the federal authorization of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that may be required for the activity. Please refer to the specific section(s) dealing
with that portion of the review below for advice on how to proceed.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Kayla Reid at the letterhead
address or at 561-681-6651, Kayla.Reid@FloridaDEP.gov .
1. Regulatory Review – VERIFIED
Page 132
Project No.: 50-0411430-001-EE
Project Name: Delprete Dock and Boatlift
Page 2 of 5
Based on the information submitted, the Department has verified that the activity as proposed is
exempt under Chapter 62-330.051(5)(b), 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 require further authorization under chapter 253 of the Florida Statutes, or
chapters 18-20 or 18-21 of the Florida Administrative Code.
3. Federal Review - NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the
Corps using the Application for Department of the Army Permit (ENG 4345) or alternative as
allowed by Corps regulations. More information on Corps permitting may be found online in the
Jacksonville District Regulatory Division Sourcebook:
(https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).
Authority for review - an agreement with the USACOE entitled “Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection (or Duly Authorized Designee), State Programmatic General
Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a
petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S.,
before the deadline for filing a petition. On the filing of a timely and sufficient petition, this
action will not be final and effective until further order of the Department. Because the
administrative hearing process is designed to formulate final agency action, the hearing process
may result in a modification of the agency action or even denial of the application.
Page 133
Project No.: 50-0411430-001-EE
Project Name: Delprete Dock and Boatlift
Page 3 of 5
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules
28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the
following information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number
of the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner’s
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner’s substantial interests will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must
so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency’s proposed action, including an explanation of
how the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 21 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,
whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice
of this decision and the right of substantially affected persons to challenge this decision has been
duly published or otherwise provided to all persons substantially affected by the decision. While
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-
110.106(10)(a).
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
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
Page 134
Project No.: 50-0411430-001-EE
Project Name: Delprete Dock and Boatlift
Page 4 of 5
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
_________________________________
Danielle C. Sattelberger
Environmental Manager
Southeast District
Page 135
Project No.: 50-0411430-001-EE
Project Name: Delprete Dock and Boatlift
Page 5 of 5
Enclosures:
Attachment A: Specific Exemption Rule(s)
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, Kayla Reid
USACE, nmfs.ser.statewideprogrammatic@noaa.gov
USACE, spgp@usace.army.mil
Kathy Cartier, Unlimited Permit Services Inc., kathyc@unlimitedps.net
Additional mailings:
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
November 4, 2021
Clerk Date
Page 136
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, p iers, 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 associated
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 shorelin e,
in which case there may be one exempt dock allowed per parcel or lot.
Page 137
100'
Existing seawall
and cap to remain
Sheet 1 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
See attached survey supplied by
owner for exact property information.
Existing Site Plan
Scale: 1" = 20'
Location Map
Southeast District
Permit Number
50-411430-001-EE
Page 138
22'
15'
16'
3'5'
8'
21'
24' from
property line
37'
10'
12'
13'
25'
25'
100'
22'-6"
from wetface
13'-6"
from wetface
15' from
property line
8' from
property line
Existing seawall
and cap to remain
Proposed 25,000lb 4-post boat lift
on (4) 12" x 12" concrete piles
Proposed 7,000lb Dual
Waverunner boat lift
Proposed 37' x 8' (296sf)
wood dock on (4) 12" x 12"
concrete piles
(240sf from wetface)
8'
Sheet 2 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
See attached survey supplied by
owner for exact property information.
Proposed Site Plan
Scale: 1" = 20'
Location Map
Provide 2 ladders, 1 at or near end of dock
Southeast District
Permit Number
50-411430-001-EE
Page 139
1
22'15'
16'
3'
5'
8'
21'
24' from
property line
37'
10'
Proposed 7,000lb Dual
Waverunner boat lift
12'
1'-6"
22'-6"
from wetface
13'-6"
from
wetface
15' from
property line
Overall Plan View
Scale 1/4"= 1'-0"
2
3
4
5
6'-6"
from wetface
8' from
property line
Proposed 25,000lb 4-post boat lift
on (4) 12" x 12" concrete piles
6
1.1x6 wood HDPE decking with 2 34" captor s.s. deck screws (2) per stringer
2.2x8 stringers @ 16" max spacing with (2) 16d toe nails into substringers
3.2x8 substringers with (2)12embedment = 4"
4.4x12 drop hanger with (2)12minimum embedment = 4"
5.New 12" x 12" concrete piles
6.2x4 sleepers with 12minimum embedment = 4"
Sheet 3 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Southeast District
Permit Number
50-411430-001-EE
Page 140
MLW -1.9' NAVD
MHW +0.3' NAVD
Existing berm
to remain
Existing wetface
Existing seawall
and cap to remain
Dual Waverunner Boat Lift Section
Scale 1/4"= 1'-0"
12'3'
15' from property line
Proposed 7,000lb Dual
Waverunner boat lift
3'
(Max)
BOAT KEEL NOTE:
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.
(Per Town of Highland Beach Code Ordinances,
Section 30-131, - Definition of Terms)
See Boat
Keel Note
41"
Top of Lift to Top of
Superstructure
MLW -1.9' NAVD
MHW +0.3' NAVD
Existing berm
to remain
Existing wetface
Existing seawall
and cap to remain
Dock Section
Scale 1/4"= 1'-0"
6'-6"
from wetface
8' from property line
3 4
4'
5'3'
1 2
5
1x3 trim
boards
6
1.1x6 wood HDPE decking with 2 34" captor s.s. deck screws (2) per stringer
2.2x8 stringers @ 16" max spacing with (2) 16d toe nails into substringers
3.2x8 substringers with (2)12embedment = 4"
4.4x12 drop hanger with (2)12minimum embedment = 4"
5.New 12" x 12" concrete piles
6.2x4 sleepers with 12minimum embedment = 4"
Sheet 4 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Southeast District
Permit Number
50-411430-001-EE
Page 141
16'
4-post Boat Lift Section
Scale 1/4"= 1'-0"
MLW -1.9' NAVD
MHW +0.3' NAVD
Existing berm
to remain
Existing wetface
Existing seawall
and cap to remain
22'-6" from wetface
24' from property line
5'3'
Proposed 25,000lb 4-post boat lift
on (4) 12" x 12" concrete piles
BOAT KEEL NOTE:
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.
(Per Town of Highland Beach Code Ordinances,
Section 30-131, - Definition of Terms)
Top of
Lift Beam
5'-9"
(Max)
9'-7"
Top of Decking to Top of
Superstructure
See Boat
Keel Note
5'
Maximum height of
boat lift support pile
Top of Lift
Equipment
Sheet 5 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Southeast District
Permit Number
50-411430-001-EE
Page 142
WOOD DOCK NOTES:
1.All materials to be pressure treated pine unless otherwise noted.
2.All frame work materials to be Southern Pine Grade #1
3.All Decking materials to be grade #1 unless otherwise noted.
4.All hardware to be Stainless Steel or Galvanized unless otherwise noted.
PILE NOTES:
1.Concrete piles shall attain 6000 psi compressive strength in 28 days.
2.Concrete piles shall be reinforced with four -716
3.Concrete piles shall be 12"x12" square, minimum length of 20'.
4.Concrete piles shall be cut to leave strands exposed a min. of 18" and tied to dock or cap steel
or drill and epoxy (2) #5 8"x12" hook bars 6" into pile.
PILE DRIVING:
1.Piles shall be driven using an approved cushion block consisting of material so arranged so as to
provide the transmission of hammer energy.
2.Piles shall be driven to required capacity (min. 10 tons) a minimum of 8' into berm or refusal.
3.Piles shall be driven with a drop hammer or gravity hammer provided the hammer shall weight no less
than 3,000 pounds, and the fall of the hammer shall not exceed 6'.
4.Piles shall be driven with a variation of not more than 14 inch per foot from the vertical, or from the batter
line indicated, with a maximum variation of the head of the pile from the position shown on the plans of
not more than three inches.
5.Where piling must penetrate strata offering high resistance to driving, the structural engineer of record
or special inspector may require that the piles be set in pre-drilled or punched holes. The piles shall
reach their final penetration by driving.
GENERAL NOTES:
1.Construction to follow the Florida Building Code 7th Edition (2020) and amendments as applicable and all
Local, State and Federal Laws.
2.Licensed contractor shall verify the existing conditions prior to the commencement of the work. Any conflicts
or omissions between existing conditions or the various elements of the working drawing shall be brought to
the attention of the Engineer prior to the commencement of the work. The Licensed Contractor and all
subcontractors are responsible for all lines, elevations, and measurements in connection with their work.
3.Do not scale drawings for dimensions.
4.Any deviation and/or substitution from the information provided herein shall be submitted to the Engineer for
approval prior to commencement of work.
5.All unanticipated or unforeseen demolition and/or new construction conditions which require deviation from
the plans and notes herein shall be reported to the Engineer prior to commencement of work.
6.All new work and/or materials shall conform to all requirements of each administrative body having jurisdiction
in each appertaining circumstance.
7.All new materials and/or patchwork shall be provided to match existing materials and/or adjoining work where
practical except as specifically noted herein.
8.Licensed Contractor to shall use all possible care to protect all existing materials, surfaces, and furnishings
from damage during all phases of construction.
9.Licensed Contractor to verify location of existing utilities prior to commencing work.
10.The Licensed contractor to install and remove all shoring and bracing as required for the proper execution of
the work.
11.Licensed Contractor to obtain all permits as necessary from all Local, State, and Federal agencies.
12.Turbidity barriers to be marked with site contractor's company name using permanent markings no smaller
than 3 inches in height on the top of the barrier.
CONCRETE NOTES:
1.Concrete shall conform to ACI 318-14 and shall be regular weight, sulfate resistant, with a design strength of 5000 psi at
28 days with a maximum water-cementitious materials ratio, by weight aggregate concrete of 0.40.
2.Owner shall employ and pay for testing services from an independent testing laboratory for concrete sampling and
testing in accordance with ASTM.
3.Licensed contractor is responsible for the adequacy of forms and shoring and for safe practice in their use and removal.
4.Concrete cover shall be 3" unless otherwise noted on the approved drawings.
5.Reinforcing steel shall be in conformance with the latest version of ASTM A615 Grade 60 specifications. All
reinforcement shall be placed in accordance with ACI 315 and ACI Manual of Standard Practice.
6.Splices in reinforcing bars shall be not be less than 48 bar diameters and reinforcing shall be continuous around all
corners and changes in direction. Continuity shall be provided at corners or changes in direction by bending the
longitudinal steel around the corner 48 bar diameters.
7.Defective, cracked or loose concrete areas must be cut out, the rebar must be cleaned, coated with zinc and repaired
with at least 3" of expoxy-concrete mix or gunnite concrete with sulfate-resistant cement.
Sheet 6 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Southeast District
Permit Number
50-411430-001-EE
Page 143
Regulatory Division
South Branch
Palm Beach Gardens Section
SAJ-2021-03577 (GP-CGK)
Anthony Delprete
6 Wildwood Road
Saddle River, NJ 07458
Adel12407@gmail.com
Dear Mr. Delprete:
The U.S. Army Corps of Engineers (Corps) has completed the review of your
application for a Department of the Army permit received on October 28th, 2021. Your
application was assigned file number SAJ-2021-03577 (GP-CGK). A review of the
information and drawings provided indicates that the project (1) constructing a new 37-
foot by 8-foot wood dock on 4 new concrete piles, (2) installing a new boatlift on 4
concrete piles, and (3) installing a new PWC lift. The activities subject to this permit are
authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of
1899 (33 U.S.C. § 403). The project is located at 4326 Intracoastal Drive, in Section 04,
Township 47 South, Range 43 East, in Highland Beach, Palm Beach County, Florida.
The project as depicted on the attached drawings, is authorized by Regional General
Permit (RGP) SAJ-20 and its subsequent modifications, if applicable. This RGP
authorization is valid until March 27, 2023. Please access the Corps' Jacksonville
District Regulatory Division Source Book webpage to view the special and general
conditions for SAJ-20, which apply specifically to this authorization. The Internet URL
address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. Please be aware
this Internet address is case sensitive; and, you will need to enter it exactly as it
appears above. Once there select “Source Book”; and, then select “General Permits.”
Then you will need to select the specific SAJ permit noted above.
You must comply with ALL the RGP general, special, and/or regional
Conditions, attached and/or incorporated by reference, and the Project Specific
Special Conditions and General Conditions, listed below, or you may be subject
to enforcement action.
General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 27, 2023.
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
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410 January 12th, 2022
Page 144
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy 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 a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
Project Specific Special Conditions:
The following project specific special conditions are included with this verification:
1. Reporting Address: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special
conditions of this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil
(not to exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.
c. The Permittee shall reference this permit number, SAJ-2021-03577 (GP-
CGK) on all submit
2. Commencement Notification: Within 10 days from the date of initiating the work
authorized by this permit the Permittee shall submit a completed
“Commencement Notification” Form (Attachment B).
3. Assurance of Navigation and Maintenance: The Permittee understands
and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structures or work herein authorized, or if, in
the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of
Page 145
the navigable waters, the Permittee will be required, upon due notice from the
U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or
alteration.
4. As-Builts with XYs: As-Built Certification By Professional Engineer form
(Attachment C) to the Corps. The as-built drawings shall be signed and sealed by
a registered professional engineer and include the following:
a. A plan view drawing of the location of the authorized work footprint (as
shown on the permit drawings) with an overlay of the work as constructed
in the same scale as the attached permit drawings (8½-inch by 11-inch).
The drawings shall include the X & Y State Plane coordination points of
the most waterward point of the structure and a point at the mean high
water line (MHWL) or the face of the bulkhead/seawall, if present. The
drawings shall include: (1) The dimensions of the structure, (2) depth of
water (at mean low water) at the waterward end of the structure, and (3)
the distance from the waterward end of the structure to the near bottom
edge of the channel.
b. A list of any deviations between the work authorized by this permit and the
work as constructed. In the event that the completed work deviates, in
any manner, from the authorized work, describe on the attached “As-Built
Certification By Professional Engineer” form the deviations between the
work authorized by this permit and the work as constructed. Clearly
indicate on the as-built drawings any deviations that have been listed.
Please note that the depiction and/or description of any deviations on the
drawings and/or “As-Built Certification By Professional Engineer” form
does not constitute approval of any deviations by the Corps.
c. Include the Department of the Army permit number on all sheets
submitted.
5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment
D) “Standard Manatee Conditions for In-Water Work – 2011.”
6. Project Design Criteria (PDCs) for In-Water Activities: The Permittee shall comply
with National Marine Fisheries Service’s “PDCs for In-Water Activities” dated
November 20, 2017 (Attachment E).
7. Daylight Hours: All activities must be completed during daylight hours
8. Consent to Easement: A portion of the authorized work may be located within the
Federal right-of-way for the Intracoastal Waterway and would require a
Page 146
Department of the Army Consent to Easement. By copy of this permit, the
proposal is being forwarded to the Corps’ Real Estate Division for action on the
Consent to Easement. Failure to obtain the Consent to Easement or waiver
invalidates this authorization. The Real Estate Division is responsible for issuing
the Consent to Easement. Contact with Real Estate for questions or status
updates can done at Post Office Box 4970, Jacksonville, Florida 32232-0019 or
by telephone at 904-232-3727.
9. Notice of Permit: The Permittee shall complete and record the enclosed Notice of
Department of the Army Permit (Attachment G) with the Clerk of the Circuit
Court, Registrar of Deeds or other appropriate official charged with the
responsibility of maintaining records of title to or interest in real property within
the county of the authorized activity. Within 90 days from the effective date of this
permit the Permittee shall provide a copy of the recorded Notice of Permit to the
Corps clearly showing a stamp from the appropriate official indicating the book
and page at which the Notice of Permit is recorded and the date of recording.
10. Setback from Federal Channel: The permit requires that no portion of the
authorized structure extend closer than 63.4 linear feet from the near bottom
edge of the Intracoastal Waterway.
11. PDCs for In-Water Noise from Pile and Sheet Pile Installation: The maximum
number of concrete piles installed per day via impact hammer is limited to no
more than 10 piles per day.
12. Special Aquatic Site Boundary Identification: Prior to the initiation of any
authorized work, the Permittee shall stake the edges of the existing seagrasses
to ensure special aquatic site boundary visibility to all construction personnel to
prevent encroachment and impacts to these sensitive areas.
13. Work Vessel Anchoring: This permit does not authorize construction work
vessels anchoring or spudding down in areas where seagrasses are present.
14. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties
listed in the National Register of Historic Places (NRHP) or those eligible
for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the
permit area, there are archaeological/cultural materials encountered which
were not the subject of a previous cultural resources assessment survey
(and which shall include, but not be limited to: pottery, modified shell, flora,
fauna, human remains, ceramics, stone tools or metal implements, dugout
canoes, evidence of structures or any other physical remains that could be
Page 147
associated with Native American cultures or early colonial or American
settlement), the Permittee shall immediately stop all work and ground-
disturbing activities within a 100-meter diameter of the discovery and
notify the Corps within the same business day (8 hours). The Corps shall
then notify the Florida State Historic Preservation Officer (SHPO) and the
appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the
significance of the discovery and devise appropriate actions.
c. Additional cultural resources assessments may be required of the permit
area in the case of unanticipated discoveries as referenced in accordance
with the above Special Condition ; and if deemed necessary by the SHPO,
THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325,
Appendix C (5). Based, on the circumstances of the discovery, equity to all
parties, and considerations of the public interest, the Corps may modify,
suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such
activity shall not resume on non-federal lands without written authorization
from the SHPO for finds under his or her jurisdiction, and from the Corps.
d. In the unlikely event that unmarked human remains are identified on non-
federal lands, they will be treated in accordance with Section 872.05
Florida Statutes. All work and ground disturbing activities within a 100-
meter diameter of the unmarked human remains shall immediately cease
and the Permittee shall immediately notify the medical examiner, Corps,
and State Archeologist within the same business day (8-hours). The Corps
shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity to all parties, and considerations of
the public interest, the Corps may modify, suspend or revoke the permit in
accordance with 33 CFR Part 325.7. Such activity shall not resume
without written authorization from the State Archeologist and from the
Corps.
15. Water Quality Certification and Coastal Zone Management: Prior to the initiation
of any construction, projects qualifying for this DA permit must qualify for an
exemption under section 403.813(1), Florida Statutes or 373.406, Florida
Statutes, or otherwise be authorized by the applicable permit required under Part
IV of Chapter 373, Florida Statutes, by the Department of Environmental
Protection, a water management district under section 373.069, Florida Statutes,
or a local government with delegated authority under section 373.441, Florida
Statutes, and receive Water Quality Certification and applicable Coastal Zone
Consistency Concurrence or waiver thereto, as well as any authorizations
required for the use of state‐owned submerged lands under Chapter 253, Florida
Statutes, and, as applicable, Chapter 258, Florida Statutes. You should check
State‐permitting requirements with the Florida Department of Environmental
Protection or the appropriate water management district.
Page 148
This letter of authorization does not give absolute Federal authority to perform the
work as specified on your application. The proposed work may be subject to local
building restrictions mandated by the National Flood Insurance Program. You should
contact your local office that issues building permits to determine if your site is located
in a flood-prone area, and if you must comply with the local building requirements
mandated by the National Flood Insurance Program.
This letter of authorization does not preclude the necessity to obtain any other
Federal, State, or local permits, which may be required.
Thank you for your cooperation with our permit program. The Corps’ Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this
Internet address is case sensitive; and, you will need to enter it exactly as it appears
above. Your input is appreciated – favorable or otherwise.
Should you have any questions related to this verification letter or have issues
accessing the documents reference in this letter, please contact Christian Karvounis at
the letterhead address above, via telephone at 561-472-3508, or via e-mail at
Christian.G.Karvounis@usace.army.mil.
Sincerely,
Christian Karvounis
Project Manager
Enclosures:
Attachment A: Drawings
Attachment B: Commencement Notice form
Attachment C: As Builts form
Attachment D: Manatee Conditions
Attachment E: PDC’s
Attachment F: Notice of Permit form
Page 149
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
DA PERMIT NUMBER: SAJ-2021-03577 (GP-CGK)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box
4970, Jacksonville, FL 32232-0019 or submit via electronic mail to:
SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).
___________________________________ ___________________________
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
___________________________________ _________ ____________
(DATE) (LOT) (BLOCK)
__________________________
___________________________________ (STREET ADDRESS)
(NAME-PRINTED)
___________________________________
___________________________________
(MAILING ADDRESS)
___________________________________
(CITY, STATE, ZIP CODE)
Page 150
100'
Existing seawall
and cap to remain
Sheet 1 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
See attached survey supplied by
owner for exact property information.
Existing Site Plan
Scale: 1" = 20'
Location Map
Page 151
22'
15'
16'
3'5'
8'
21'
24' from
property line
37'
10'
12'
13'
25'
25'
100'
22'-6"
from wetface
13'-6"
from wetface
15' from
property line
8' from
property line
Existing seawall
and cap to remain
Proposed 25,000lb 4-post boat lift
on (4) 12" x 12" concrete piles
Proposed 7,000lb Dual
Waverunner boat lift
Proposed 37' x 8' (296sf)
wood dock on (4) 12" x 12"
concrete piles
(240sf from wetface)
8'
Sheet 2 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
See attached survey supplied by
owner for exact property information.
Proposed Site Plan
Scale: 1" = 20'
Location Map
Provide 2 ladders, 1 at or near end of dock
Page 152
1
22'15'
16'
3'
5'
8'
21'
24' from
property line
37'
10'
Proposed 7,000lb Dual
Waverunner boat lift
12'
1'-6"
22'-6"
from wetface
13'-6"
from
wetface
15' from
property line
Overall Plan View
Scale 1/4"= 1'-0"
2
3
4
5
6'-6"
from wetface
8' from
property line
Proposed 25,000lb 4-post boat lift
on (4) 12" x 12" concrete piles
6
1.1x6 wood HDPE decking with 2 34" captor s.s. deck screws (2) per stringer
2.2x8 stringers @ 16" max spacing with (2) 16d toe nails into substringers
3.2x8 substringers with (2)12embedment = 4"
4.4x12 drop hanger with (2)12minimum embedment = 4"
5.New 12" x 12" concrete piles
6.2x4 sleepers with 12minimum embedment = 4"
Sheet 3 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Page 153
MLW -1.9' NAVD
MHW +0.3' NAVD
Existing berm
to remain
Existing wetface
Existing seawall
and cap to remain
Dual Waverunner Boat Lift Section
Scale 1/4"= 1'-0"
12'3'
15' from property line
Proposed 7,000lb Dual
Waverunner boat lift
3'
(Max)
BOAT KEEL NOTE:
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.
(Per Town of Highland Beach Code Ordinances,
Section 30-131, - Definition of Terms)
See Boat
Keel Note
41"
Top of Lift to Top of
Superstructure
MLW -1.9' NAVD
MHW +0.3' NAVD
Existing berm
to remain
Existing wetface
Existing seawall
and cap to remain
Dock Section
Scale 1/4"= 1'-0"
6'-6"
from wetface
8' from property line
3 4
4'
5'3'
1 2
5
1x3 trim
boards
6
1.1x6 wood HDPE decking with 2 34" captor s.s. deck screws (2) per stringer
2.2x8 stringers @ 16" max spacing with (2) 16d toe nails into substringers
3.2x8 substringers with (2)12embedment = 4"
4.4x12 drop hanger with (2)12minimum embedment = 4"
5.New 12" x 12" concrete piles
6.2x4 sleepers with 12minimum embedment = 4"
Sheet 4 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Page 154
16'
4-post Boat Lift Section
Scale 1/4"= 1'-0"
MLW -1.9' NAVD
MHW +0.3' NAVD
Existing berm
to remain
Existing wetface
Existing seawall
and cap to remain
22'-6" from wetface
24' from property line
5'3'
Proposed 25,000lb 4-post boat lift
on (4) 12" x 12" concrete piles
BOAT KEEL NOTE:
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.
(Per Town of Highland Beach Code Ordinances,
Section 30-131, - Definition of Terms)
Top of
Lift Beam
5'-9"
(Max)
9'-7"
Top of Decking to Top of
Superstructure
See Boat
Keel Note
5'
Maximum height of
boat lift support pile
Top of Lift
Equipment
Sheet 5 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Page 155
WOOD DOCK NOTES:
1.All materials to be pressure treated pine unless otherwise noted.
2.All frame work materials to be Southern Pine Grade #1
3.All Decking materials to be grade #1 unless otherwise noted.
4.All hardware to be Stainless Steel or Galvanized unless otherwise noted.
PILE NOTES:
1.Concrete piles shall attain 6000 psi compressive strength in 28 days.
2.Concrete piles shall be reinforced with four -716
3.Concrete piles shall be 12"x12" square, minimum length of 20'.
4.Concrete piles shall be cut to leave strands exposed a min. of 18" and tied to dock or cap steel
or drill and epoxy (2) #5 8"x12" hook bars 6" into pile.
PILE DRIVING:
1.Piles shall be driven using an approved cushion block consisting of material so arranged so as to
provide the transmission of hammer energy.
2.Piles shall be driven to required capacity (min. 10 tons) a minimum of 8' into berm or refusal.
3.Piles shall be driven with a drop hammer or gravity hammer provided the hammer shall weight no less
than 3,000 pounds, and the fall of the hammer shall not exceed 6'.
4.Piles shall be driven with a variation of not more than 14 inch per foot from the vertical, or from the batter
line indicated, with a maximum variation of the head of the pile from the position shown on the plans of
not more than three inches.
5.Where piling must penetrate strata offering high resistance to driving, the structural engineer of record
or special inspector may require that the piles be set in pre-drilled or punched holes. The piles shall
reach their final penetration by driving.
GENERAL NOTES:
1.Construction to follow the Florida Building Code 7th Edition (2020) and amendments as applicable and all
Local, State and Federal Laws.
2.Licensed contractor shall verify the existing conditions prior to the commencement of the work. Any conflicts
or omissions between existing conditions or the various elements of the working drawing shall be brought to
the attention of the Engineer prior to the commencement of the work. The Licensed Contractor and all
subcontractors are responsible for all lines, elevations, and measurements in connection with their work.
3.Do not scale drawings for dimensions.
4.Any deviation and/or substitution from the information provided herein shall be submitted to the Engineer for
approval prior to commencement of work.
5.All unanticipated or unforeseen demolition and/or new construction conditions which require deviation from
the plans and notes herein shall be reported to the Engineer prior to commencement of work.
6.All new work and/or materials shall conform to all requirements of each administrative body having jurisdiction
in each appertaining circumstance.
7.All new materials and/or patchwork shall be provided to match existing materials and/or adjoining work where
practical except as specifically noted herein.
8.Licensed Contractor to shall use all possible care to protect all existing materials, surfaces, and furnishings
from damage during all phases of construction.
9.Licensed Contractor to verify location of existing utilities prior to commencing work.
10.The Licensed contractor to install and remove all shoring and bracing as required for the proper execution of
the work.
11.Licensed Contractor to obtain all permits as necessary from all Local, State, and Federal agencies.
12.Turbidity barriers to be marked with site contractor's company name using permanent markings no smaller
than 3 inches in height on the top of the barrier.
CONCRETE NOTES:
1.Concrete shall conform to ACI 318-14 and shall be regular weight, sulfate resistant, with a design strength of 5000 psi at
28 days with a maximum water-cementitious materials ratio, by weight aggregate concrete of 0.40.
2.Owner shall employ and pay for testing services from an independent testing laboratory for concrete sampling and
testing in accordance with ASTM.
3.Licensed contractor is responsible for the adequacy of forms and shoring and for safe practice in their use and removal.
4.Concrete cover shall be 3" unless otherwise noted on the approved drawings.
5.Reinforcing steel shall be in conformance with the latest version of ASTM A615 Grade 60 specifications. All
reinforcement shall be placed in accordance with ACI 315 and ACI Manual of Standard Practice.
6.Splices in reinforcing bars shall be not be less than 48 bar diameters and reinforcing shall be continuous around all
corners and changes in direction. Continuity shall be provided at corners or changes in direction by bending the
longitudinal steel around the corner 48 bar diameters.
7.Defective, cracked or loose concrete areas must be cut out, the rebar must be cleaned, coated with zinc and repaired
with at least 3" of expoxy-concrete mix or gunnite concrete with sulfate-resistant cement.
Sheet 6 of 6
MARK E. WEBER, P.E.
LICENSE #53895 | CA 30702
MW ENGINEERING, INC
902 NE 1 Street Suite #2
Pompano Beach, Florida 33060
Ofc: 754-333-0877
WWW.MwEngineering.net
PREPARED FOR:
Page 156
Dated 9/18/2019
COMMENCEMENT NOTIFICATION
Within 10 days of initiating the authorized work, submit this form via electronic mail to saj-
rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to
U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL
32232-0019.
1.Department of the Army Permit Number: .
2.Permittee Information:
Name: __________________________________________
Email: __________________________________________
Address: __________________________________________
__________________________________________
Phone: __________________________________________
3.Construction Start Date: ______________________
4.Contact to Schedule Inspection:
Name: __________________________________________
Email: __________________________________________
Phone: __________________________________________
______________________________
Signature of Permittee
______________________________
Printed Name of Permittee
______________________________
Date
Page 157
AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Within sixty (60) days of completion of the authorized work, submit this form and one set of as-
built engineering drawings via electronic mail to saj-rd-enforcement@usace.army.mil (preferred,
but not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement
Section, P.O. Box 4970, Jacksonville, FL 32232-0019. If you have questions regarding this
requirement, please contact the Enforcement Branch at 904-232-3697.
1. Department of the Army Permit Number: SAJ- - ( -CGK)
2. Permittee Information:
Name: _____________________________________________
Address: _____________________________________________
_____________________________________________
3. Project Site Identification (physical location/address):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required
by Special Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on-site
observation, scheduled and conducted by me or by a project representative under my direct
supervision. I have enclosed one set of as-built engineering drawings.
________________________________ _______________________________________
Signature of Engineer Name (Please type)
________________________________ _______________________________________
(FL, PR, or VI) Reg. Number Company Name
________________________________ _____________________ ____________
City State ZIP
(Affix Seal)
___________________________________ _______________________________________
Page 158
-2-
Dated 9/18/2019
Date Telephone Number
Date Work Started:____________________ Date Work Completed:______________________
Identify any deviations from the approved permit drawings and/or special conditions (attach
additional pages if necessary):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Page 159
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a. All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on-site project personnel are responsible for observing water-related activities for the presence
of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for
north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at
ImperiledSpecies@myFWC.com
f. Temporary signs concerning manatees shall be posted prior to and during all in-water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining
the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be
posted in a location prominently visible to all personnel engaged in water-related activities. These
signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to
the email address listed above.
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CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
1-888-404-FWCC (3922)
cell * FWC or #FWC
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U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological
Opinion (JaxBO) Project Design Criteria (PDCs) for In-Water Activities
November 20, 2017
1) (AP.7.) Education and Observation: The permittee must ensure that all personnel
associated with the project are instructed about the potential presence of species
protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site
project personnel are responsible for observing water-related activities for the
presence of protected species. All personnel shall be advised that there are civil and
criminal penalties for harming, harassing, or killing ESA-listed species or marine
mammals. To determine which species may be found in the project area, please
review the relevant Protected Species List at:
http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/in
dex.html
2) (AP.8.) Reporting of interactions with protected species:
a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon
occurring during the construction of a project, shall be reported immediately to
NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to
takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.
b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email
Sawfish@MyFWC.com
c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email
nmfs.ser.sturgeonnetwork@noaa.gov
d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-
877-WHALE HELP (1-877-942-5343).
e) North Atlantic right whale: Report injured, dead, or entangled right whales to the
USCG via VHF Channel 16.
3) (AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must
watch for and avoid collision with species protected under the ESA and MMPA.
Vessel operators must avoid potential interactions with protected species and
operate in accordance with the following protective measures:
a) Construction Equipment:
i) All vessels associated with the construction project shall operate at “Idle
Speed/No Wake” at all times while operating in water depths where the draft
of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in
all depths after a protected species has been observed in and has departed
the area.
ii) All vessels will follow marked channels and/or routes using the maximum
water depth whenever possible.
iii) Operation of any mechanical construction equipment, including vessels, shall
cease immediately if a listed species is observed within a 50-ft radius of
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construction equipment and shall not resume until the species has departed
the area of its own volition.
iv) If the detection of species is not possible during certain weather conditions
(e.g., fog, rain, wind), then in-water operations will cease until weather
conditions improve and detection is again feasible.
b) All Vessels:
i) Sea turtles: Maintain a minimum distance of 150 ft.
ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards).
iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike
Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10
knots or less in Seasonal Management Areas
(http://www.fisheries.noaa.gov/pr/shipstrike/).
iv) Mariners shall check various communication media for general information
regarding avoiding ship strikes and specific information regarding right whale
sightings in the area. These include NOAA weather radio, USCG NAVTEX
broadcasts, and Notices to Mariners.
v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right
whales], and porpoises): Maintain a minimum distance of 300 ft.
vi) When these animals are sighted while the vessel is underway (e.g., bow-
riding), attempt to remain parallel to the animal’s course. Avoid excessive
speed or abrupt changes in direction until they have left the area.
vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine
mammals are observed, when safety permits.
4) (AP.10.) Turbidity Control Measures during Construction: Turbidity must be
monitored and controlled. Prior to initiating any of the work covered under this
Opinion, the Permittee shall install turbidity curtains as described below. In some
instances, the use of turbidity curtains may be waived by the USACE project
manager if the project is deemed too minimal to generate turbidity (e.g., certain
ATON installation, scientific survey device placement, marine debris removal) or if
the current is too strong for the curtains to stay in place. Turbidity curtains
specifications:
a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of
the bottom around all work areas that are in, or adjacent to, surface waters.
b) Use these turbidity barriers throughout construction to control erosion and
siltation and ensure that turbidity levels within the project area do not exceed
background conditions.
c) Position turbidity barriers in a way that does not block species’ entry to or exit
from designated critical habitat.
d) Monitor and maintain turbidity barriers in place until the authorized work has
been completed and the water quality in the project area has returned to
background conditions.
e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry
Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm
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Bay south to central Biscayne Bay in the lagoon systems on the east coast of
Florida):
i) Projects that include upland earth moving (e.g., grading to install a building or
parking lot associated with a dock and seawall project), must install sediment
control barriers to prevent any upland sediments from reaching estuarine or
marine waters.
ii) The turbidity curtain requirement cannot be waived for any project that moves
or removes sediment (e.g., dredging, auger to create a pile, trenching to
install a cableline). If turbidity curtains are not feasible in an area based on
site conditions such as water current, high wave action, or stormy conditions,
the project must undergo individual Section 7 consultation and is not covered
under this Programmatic Opinion.
5) (AP.11.) Entanglement: All turbidity curtains and other in-water equipment must be
properly secured with materials that reduce the risk of entanglement of marine
species (described below). Turbidity curtains likewise must be made of materials
that reduce the risk of entanglement of marine species.
a) In-water lines (rope, chain, and cable, including the lines to secure turbidity
curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy
metal chains or heavy cables that do not readily loop and tangle. Flexible in-
water lines, such as nylon rope or any lines that could loop or tangle, must be
enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line
from looping and tangling. In all instances, no excess line is allowed in the water.
b) Turbidity curtains and other in-water equipment must be placed in a manner that
does not entrap species within the construction area or block access for them to
navigate around the construction area.
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Prepared by:
Permittee: ____________________________
Address: _____________________________
_____________________________________
Phone:_______________________________
NOTICE OF DEPARTMENT OF THE ARMY PERMIT
TAKE NOTICE the United States Army Corps of Engineers (Corps) has issued a permit
or verification SAJ-2021-03577 (GP-CGK) to Anthony Delprete (Permittee) on January
12th, 2022 authorizing work in navigable waters of the United States in accordance with
Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) on a parcel of land
known as Folio/Parcel ID:
_______________________________________________________ located at 4326
Intracoastal Drive, in Section 04, Township 47 South, Range 43 East, in Highland
Beach, Palm Beach County, Florida.
Within 30 days of any transfer of interest or control of said property, the Permittee must
notify the Corps in writing of the property transfer by submitting the completed permit
transfer page included with the issued permit or verification. Notification of the transfer
does not by itself constitute a permit transfer. Therefore, purchasers of that portion of
the premises containing the area authorized to be filled (or any portion thereof) are
notified that it is unlawful for any person to construct, alter, operate, maintain, remove or
abandon any works, including dredging or filling, or any other work within, over, or under
waters of the United States (including wetlands) without first having obtained a permit
from the Corps in the purchaser’s name.
Conditions of the Permit/Verification: The permit or verification is subject to General
Conditions and Special Conditions which may affect the use of the work authorized in
the Intracoastal Waterway. Accordingly, interested parties should closely examine the
entire permit or verification, all associated applications, and any subsequent
modifications.
To obtain a copy of the authorization in its entirety submit a written request to:
U.S. Army Corps of Engineers
Regulatory Division - Special Projects & Enforcement Branch
Post Office Box 4970
Jacksonville, Florida 32232-0019
Questions regarding compliance with these conditions should be directed to:
U.S. Army Corps of Engineers
Enforcement Section
Post Office Box 4970
Jacksonville, Florida 32232-0019
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Conflict Between Notice and Permit
This Notice of Authorization is not a complete summary of the issued permit or
verification. Provisions in this Notice of Permit shall not be used in interpreting the
permit or verification provisions. In the event of conflict between this Notice of Permit
and the permit or verification, the permit or verification shall control.
This Notice is Not an Encumbrance
This Notice is for informational purposes only. It is not intended to be a lien,
encumbrance, or cloud on the title of the premises.
Release
This Notice may not be released or removed from the public records without the prior
written consent of the Corps.
This Notice of Authorization is executed on this ________ day of
_____________________, _______. This document is being submitted for recordation
in the Public Records of Palm Beach County, Florida as part of the requirement
imposed by the authorization SAJ-2021-03577 issued by Corps.
Permittee:
_____________________________________
Address:
_____________________________________
_____________________________________
Phone:________________________________
STATE OF FLORIDA
COUNTY OF _____________
The foregoing instrument was acknowledged before me this ________day of
__________________, 20____, by _________________, who is personally known to
me or has produced __________________________ as identification.
________________________________
Notary Public
(seal)
___________________________________
Print
My Commission Expires____________
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