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Land Development and Planning Project Files_2727 S. Ocean Blvd._20220310_Application No. 21-0013 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 16,000 POUND CAPACITY BOAT LIFT ON DOCK NO. 9 FOR THE PROPERTY LOCATED AT 2727 SOUTH OCEAN BOULEVARD UNIT 701 (DO #21-0013). Applicant (Property Owner): Richard D. Colton 2727 South Ocean Boulevard, Unit 701 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 - west of State Road A1A Multi Family Medium Density - east of State Road A1A Zoning District: Residential Single Family (RS) – west of State Road A1A Residential Multiple Family Medium Density (RMM) – east of State Road A1A Parcel PCN#: 24-43-46-28-51-000-0701 Condominium Property Name: Villa Magna I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 11 Request and Analysis: The Applicant is proposing to replace an existing eight (8) post boat lift located in dock number nine (9) with a 16,000 pound capacity, four (4) post, boat lift in the same dock. The subject property (west of State Road A1A) currently contains nine (9) existing finger docks which allows for the mooring of boats perpendicular to the property line. 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.) 50-51096-007-EE SAJ-2021-01403(GP-SLR) According to the Applicant’s boat lift detail (sheet 3 of 3), the top of the lift measures 6 feet from the existing wood pier. 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 3, 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. Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a) of the Town code states that if the Planning Board is the final authority on the special exception, then it shall approve, approve with conditions, or deny the application. Staff has reviewed the Applicant’s proposed request and finds that the project is consistent with the Zoning Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable, and the Town Comprehensive Plan. 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. Staff recommends approval to install a proposed 16,000 pound capacity boat lift on dock no. 9 for the property located at 2727 South Ocean Boulevard unit 701 based on the plans date stamped received by the Building Department on February 4, 2022. II. Recommendation Page 12 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 HOA approval letter Applicant Plans Page 13 Page 14 Page 15 Page 16 www.floridadep.gov FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary May 20, 2021 Richard Colton 401 S Old Woodward Ave, Ste 333 Birmingham, MI 48009 rcolton2727@comcast.net Re: File No.: 50-51096-007-EE File Name: Colton Boatlift Dear Mr. Colton: On April 21, 2021, we received your request for verification of exemption to perform the following activities: 1. Install a boatlift. The project is located adjacent to the Intracoastal Waterway, Class III Waters, adjacent to 2727 S Ocean Blvd, Highland Beach (Section 28, Township 46 South, Range 43 East), in Palm Beach County (Latitude N 26 25' 30", Longitude W 80 3' 47"). 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 Jessica Bedsworth at the letterhead address or at 561-681-6605, Jessica.Bedsworth@FloridaDEP.gov . 1. Regulatory Review – VERIFIED Page 17 Project No.: 50-51096-007-EE Project Name: Colton 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)(h), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re-verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book. Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Page 18 Project No.: 50-51096-007-EE Project Name: Colton 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 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 Page 19 Project No.: 50-51096-007-EE Project Name: Colton Boatlift Page 4 of 5 presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Page 20 Project No.: 50-51096-007-EE Project Name: Colton Boatlift Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ Jeffrey Meyer Environmental Manager Southeast District Enclosures: Attachment A- Specific Exemption Rule Project drawings, 4 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: FDEP – Jeff Meyer, Jessica Bedsworth 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. ___________ ____________ Clerk Date 05-20-2021 Page 21 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 ‒ (h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, su ch as platforms, cat walks, and roofs. Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS. History –New 10-1-13, Amended 6-1-18 Page 22 Existing seawallto remainExistingwetface123456789PROPERTY LINE 324'-1"15'-5"22'-6"10'-6"Edge ofexisting riprapPROPERTY LINE Existing boat lift toremain (typ. of 7)Existing wood pierand wood pilings toremain (typ. of 9)Existing boat liftand boat lift pilesto be removedSheet 1 of 3Project:Proposed Boat LiftRichard Colton2727 South Ocean Blvd.Highland Beach, Florida 33487MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netSee attached survey supplied byowner for exact property information.(330' R/W)VILLA MAGNA CONDUNIT 701Palm Beach CountyLegal DescriptionLocation MapGULF STREAM / ICWPREPARED FOR:EAST COAST BOATLIFT, INC1040 NE 44 Court Suite COakland Park, Fl 33334(954) 772-6810Existing Site PlanScale: 1" = 40'Southeast DistrictPermit Number 50-51096-007-EEPage 23 Existing seawallto remainExistingwetface123456789PROPERTY LINE 324'-1"15'-5"22'-6"10'-6"Edge ofexisting riprapPROPERTY LINE Existing boat lift toremain (typ. of 7)Existing wood pierand wood piles toremain (typ. of 9)14'4'-9"12'-6"Proposed East Coast Boat Lifts16,000lb 4-post on (4)10"Ø wood piles29'-6"17'19'from wetfaceSheet 2 of 3MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netSee attached survey supplied byowner for exact property information.VILLA MAGNA CONDUNIT 701Palm Beach CountyLegal DescriptionLocation MapGULF STREAM / ICW(330' R/W)PREPARED FOR:EAST COAST BOATLIFT, INC1040 NE 44 Court Suite COakland Park, Fl 33334(954) 772-6810Proposed Site PlanScale: 1" = 40'Project:Proposed Boat LiftRichard Colton2727 South Ocean Blvd.Highland Beach, Florida 33487Southeast DistrictPermit Number 50-51096-007-EEPage 24 PILE NOTES:1.Wood piles to be 2.5 lb. CCA treated in accordance with AWPA standard C18.2.Wood piles shall be a minimum diameter of 10", Miami Dade County requiresminimum diameter of 12".PILE DRIVING:1.Piles shall be driven using an approved cushion block consisting of material so arranged so as toprovide 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 lessthan 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 batterline indicated, with a maximum variation of the head of the pile from the position shown on the plans ofnot more than three inches.5.Where piling must penetrate strata offering high resistance to driving, the structural engineer of recordor special inspector may require that the piles be set in pre-drilled or punched holes. The piles shallreach their final penetration by driving.GENERAL NOTES:1.Construction to follow the Florida Building Code 7th Edition (2020) and amendments as applicable and allLocal, State and Federal Laws.2.Licensed contractor shall verify the existing conditions prior to the commencement of the work. Any conflictsor omissions between existing conditions or the various elements of the working drawing shall be brought tothe attention of the Engineer prior to the commencement of the work. The Licensed Contractor and allsubcontractors 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 forapproval prior to commencement of work.5.All unanticipated or unforeseen demolition and/or new construction conditions which require deviation fromthe 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 jurisdictionin each appertaining circumstance.7.All new materials and/or patchwork shall be provided to match existing materials and/or adjoining work wherepractical except as specifically noted herein.8.Licensed Contractor to shall use all possible care to protect all existing materials, surfaces, and furnishingsfrom 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 ofthe 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 smallerthan 3 inches in height on the top of the barrier.14'Boat Lift SectionScale 1/4"= 1'-0"Existing bermto remainMLW -1.9' NAVDMHW +0.3' NAVDExisting wood pier andwood pilings to remainProposed East Coast Boat Lifts16,000lb 4-post on (4)10"Ø wood piles10"Pier #95'Sheet 3 of 3MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netPREPARED FOR:EAST COAST BOATLIFT, INC1040 NE 44 Court Suite COakland Park, Fl 33334(954) 772-6810Project:Proposed Boat LiftRichard Colton2727 South Ocean Blvd.Highland Beach, Florida 33487Southeast DistrictPermit Number 50-51096-007-EEPage 25 Southeast District Permit Number 50-51096-007-EE Page 26 Regulatory Division Palm Beach Gardens Section SAJ-2021-01403(GP-SLR) Richard Colton 401 S Old Woodward Avenue Suite 333 Birmingham, MI 48009 Rcolton2727@comcast.net Dear Mr. Colton: Your application for a Department of the Army permit has been assigned number SAJ-2021-01403(GP-SLR). A review of the information and drawings provided shows the applicant request to improve water access by installing a 4-post boatlift. 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 would affect waters of the United States associated with the Intracoastal Waterway adjacent to 2727 S Ocean Boulevard, in Section 28, Township 46 South, Range 43 East, Highland Beach, Palm Beach County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Regional General Permit (GP) SAJ-20. This authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Internet page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there you will need to click on “Source Book”; and, then click on “General Permits.” Then you will need to click on the specific SAJ permit noted above. You must comply with all of the special and general conditions of the permit; and, any project-specific conditions noted below, or you may be subject to enforcement action. The following project-specific conditions are included with this authorization: 1. Reporting Address:The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 September 28, 2021 REPLY TO ATTENTION OF Page 27 -2- a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. The Permittee shall reference this permit number, SAJ-2021-01403(GP-SLR), on all submittals. 2. As-Built with X-Y Coordinates: Within 60 days of completion of the authorized work, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (Attachment B) to the Corps. The drawings shall be signed and sealed by a surveyor licensed under Florida Statute 472 and include the following: a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) on 8½-inch by 11-inch paper. The drawings shall include the X & Y State Plane coordination points of the most water-ward point of the structure and a point at the mean high-water line (MHWL) or the face of the bulkhead/seawall, if present. The drawings shall include: the dimensions of the structure, depth of water (at mean low water) at the water-ward end of the structure, and the distance from the water-ward end of the structure to the near bottom edge of the channel. b. Listing of any deviations between the work authorized by this permit and the work as constructed. In the event the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as- built drawings any deviations that have been listed. Please note the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers. c. Placement of the Department of the Army Permit number on all sheets submitted. 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 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 Page 28 -3- expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 4. Setback from Federal Channel: The permit requires that no portion of the authorized structure extend closer than 91.0 linear feet from the near bottom edge of the Intracoastal Waterway. 5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment C) “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 D). 7. Daylight Hours: All activities must be completed during daylight hours. 8. PDCs for In-Water Noise from Pile and Sheet Pile Installation: The maximum number of concrete piles installed via impact hammer is limited to no more than 10 piles per day. 9. Construction Location: Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited. 10. 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 E). 11. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida Page 29 -4- State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archaeologist and from the Corps. 12. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Permit” form (Attachment F) 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. 13. Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way for identify Federal project and would require a Department of the Army Consent to Easement. By copy of this permit, the proposal is being forwarded to the Corps’ Real Estate Division for action on the Consent to Easement. Failure to obtain the Consent to Easement or waiver invalidates this authorization. The Real Estate Division is responsible for issuing the Consent to Easement. Contact with Real Estate for questions or status updates can done at Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-232-3727. Page 30 -5- This authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this NWP/RGP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state- owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. You should check State-permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This authorization does not include conditions that would prevent the ‘take’ of a state- listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/ ) also maintains updated lists, by county, of documented occurrences of those species. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP and RGP, please contact Samantha Rice by email at Samantha.L.Rice@usace.army.mil or by telephone at 561- 472-3536. Page 31 -6- Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Sincerely, Samantha L. Rice Project Manager Enclosures Attachment A: Drawings Attachment B: As-Built Statement of Compliance Attachment C: Manatee Conditions for In-Water Work Attachment D: JAXBO PDC’s for In-Water Activities Attachment E: Commencement Notification Attachment F: Notice of Permit Copies Furnished: Kathy W, kathyw@unlimitedps.net CESAJ-RD-PE Page 32 GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Page 33 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2021-01403(GP-SLR) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or electronic mail at saj-rd- enforcement@usace.army.mil. ___________________________________ ___________________________ (TRANSFEREE-SIGNATURE) (SUBDIVISION) ___________________________________ ___________ ____________ (DATE) (LOT) (BLOCK) __________________________ __________________________________ (STREET ADDRESS) (NAME-PRINTED) ___________________________________ ___________________________________ (MAILING ADDRESS) ___________________________________ (CITY, STATE, ZIP CODE) Page 34 123 4567 89PROPERTY LINEPROPERTY LINEMARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netSee attached survey supplied byowner for exact property information.(330' R/W)Legal DescriptionLocation MapGULF STREAM / ICWPREPARED FOR:Existing Site PlanScale: 1" = 40'Page 35 Existing seawallto remainExistingwetface123 4567 89PROPERTY LINE324'-1"15'-5"22'-6"10'-6"Edge ofexisting riprapPROPERTY LINEExisting boat lift toremain (typ. of 7)Existing wood pierand wood piles toremain (typ. of 9)14'4'-9"12'-6"Proposed East Coast Boat Lifts16,000lb 4-post on (4)29'-6"17'19'from wetfaceMARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netSee attached survey supplied byowner for exact property information.Legal DescriptionLocation MapGULF STREAM / ICW(330' R/W)PREPARED FOR:Proposed Site PlanScale: 1" = 40'Page 36 PILE NOTES:1. Wood piles to be 2.5 lb. CCA treated in accordance with AWPA standard C18.2. Wood piles shall be a minimum diameter of 10", Miami Dade County requiresminimum diameter of 12".PILE DRIVING:1. Piles shall be driven using an approved cushion block consisting of material so arranged so as toprovide 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 lessthan 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 batterline indicated, with a maximum variation of the head of the pile from the position shown on the plans ofnot more than three inches.5. Where piling must penetrate strata offering high resistance to driving, the structural engineer of recordor special inspector may require that the piles be set in pre-drilled or punched holes. The piles shallreach their final penetration by driving.GENERAL NOTES:1. Construction to follow the Florida Building Code 7th Edition (2020) and amendments as applicable and allLocal, State and Federal Laws.2. Licensed contractor shall verify the existing conditions prior to the commencement of the work. Any conflictsor omissions between existing conditions or the various elements of the working drawing shall be brought tothe attention of the Engineer prior to the commencement of the work. The Licensed Contractor and allsubcontractors 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 forapproval prior to commencement of work.5. All unanticipated or unforeseen demolition and/or new construction conditions which require deviation fromthe 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 jurisdictionin each appertaining circumstance.7. All new materials and/or patchwork shall be provided to match existing materials and/or adjoining work wherepractical except as specifically noted herein.8. Licensed Contractor to shall use all possible care to protect all existing materials, surfaces, and furnishingsfrom 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 ofthe 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 smallerthan 3 inches in height on the top of the barrier.14'Boat Lift SectionScale 1/4"= 1'-0"Existing bermto remainMLW -1.9' NAVDMHW +0.3' NAVDExisting wood pier andwood pilings to remainProposed East Coast Boat Lifts16,000lb 4-post on (4)10"Pier #95'Sheet 3 of 3MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netPREPARED FOR:Page 37 Page 38 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 39 Page 40 U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JaxBO) Project Design Criteria (PDCs) for In-Water Activities November 20, 2017 1)(AP.7.) Education and Observation: The permittee must ensure that all personnel associated with the project are instructed about the potential presence of species protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals. To determine which species may be found in the project area, please review the relevant Protected Species List at: http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/in dex.html 2)(AP.8.) Reporting of interactions with protected species: a) Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil. b) Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email Sawfish@MyFWC.com c) Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email nmfs.ser.sturgeonnetwork@noaa.gov d) Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1- 877-WHALE HELP (1-877-942-5343). e) North Atlantic right whale: Report injured, dead, or entangled right whales to the USCG via VHF Channel 16. 3)(AP.9.) Vessel Traffic and Construction Equipment: All vessel operators must watch for and avoid collision with species protected under the ESA and MMPA. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures: a)Construction Equipment: i) All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed in and has departed the area. ii) All vessels will follow marked channels and/or routes using the maximum water depth whenever possible. iii) Operation of any mechanical construction equipment, including vessels, shall cease immediately if a listed species is observed within a 50-ft radius of Page 41 construction equipment and shall not resume until the species has departed the area of its own volition. iv) If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible. b)All Vessels: i) Sea turtles: Maintain a minimum distance of 150 ft. ii) North Atlantic right whale: Maintain a minimum 1,500-ft distance (500 yards). iii) Vessels 65 ft in length or longer must comply with the Right Whale Ship Strike Reduction Rule (50 CFR 224.105) which includes reducing speeds to 10 knots or less in Seasonal Management Areas (http://www.fisheries.noaa.gov/pr/shipstrike/). iv) Mariners shall check various communication media for general information regarding avoiding ship strikes and specific information regarding right whale sightings in the area. These include NOAA weather radio, USCG NAVTEX broadcasts, and Notices to Mariners. v) Marine mammals (i.e., dolphins, whales [other than North Atlantic right whales], and porpoises): Maintain a minimum distance of 300 ft. vi) When these animals are sighted while the vessel is underway (e.g., bow- riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area. vii) Reduce speed to 10 knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits. 4)(AP.10.) Turbidity Control Measures during Construction: Turbidity must be monitored and controlled. Prior to initiating any of the work covered under this Opinion, the Permittee shall install turbidity curtains as described below. In some instances, the use of turbidity curtains may be waived by the USACE project manager if the project is deemed too minimal to generate turbidity (e.g., certain ATON installation, scientific survey device placement, marine debris removal) or if the current is too strong for the curtains to stay in place. Turbidity curtains specifications: a) Install floating turbidity barriers with weighted skirts that extend to within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. b) Use these turbidity barriers throughout construction to control erosion and siltation and ensure that turbidity levels within the project area do not exceed background conditions. c) Position turbidity barriers in a way that does not block species’ entry to or exit from designated critical habitat. d) Monitor and maintain turbidity barriers in place until the authorized work has been completed and the water quality in the project area has returned to background conditions. e) In the range of ESA-listed corals (St. Lucie Inlet, Martin County south to the Dry Tortugas and the U.S. Caribbean) and Johnson’s seagrass (Turkey Creek/Palm Page 42 Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida): i) Projects that include upland earth moving (e.g., grading to install a building or parking lot associated with a dock and seawall project), must install sediment control barriers to prevent any upland sediments from reaching estuarine or marine waters. ii) The turbidity curtain requirement cannot be waived for any project that moves or removes sediment (e.g., dredging, auger to create a pile, trenching to install a cableline). If turbidity curtains are not feasible in an area based on site conditions such as water current, high wave action, or stormy conditions, the project must undergo individual Section 7 consultation and is not covered under this Programmatic Opinion. 5)(AP.11.) Entanglement: All turbidity curtains and other in-water equipment must be properly secured with materials that reduce the risk of entanglement of marine species (described below). Turbidity curtains likewise must be made of materials that reduce the risk of entanglement of marine species. a) In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in- water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. b) Turbidity curtains and other in-water equipment must be placed in a manner that does not entrap species within the construction area or block access for them to navigate around the construction area. Page 43 Dated 9/18/2019 COMMENCEMENT NOTIFICATION Within ten (10) days of initiating the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB)or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ- - ( - ) 2. Permittee Information: Name: __________________________________________ Email: __________________________________________ Address: __________________________________________ __________________________________________ Phone: __________________________________________ 3. Construction Start Date: ______________________ 4. Contact to Schedule Inspection: Name: __________________________________________ Email: __________________________________________ Phone: __________________________________________ ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date Page 44 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- - ( - ) 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 45 -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 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Palm Beach CountyNoneMarch 7, 2022 0 0.035 0.070.0175 mi 0 0.06 0.120.03 km 1:2,257 Additional Information from Town Planner Allen Item 9A2727 South Ocean Blvd. Proposed boat lift location N Additional Information from Town Planner Allen Item 9A