Land Development and Planning Project Files_4304 Intracoastal Dr._20220512_Development Application No. 20-0015 PLANNING BOARD
STAFF REPORT
MEETING OF: May 12, 2022
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY MARK AND KIM KABBES FOR A SPECIAL
EXCEPTION APPROVAL TO INSTALL A 4,000 POUND
CAPACITY BOAT LIFT FOR A PROPERTY LOCATED AT 4304
INTRACOASTAL DRIVE (DO #20-0015).
Applicant (Property Owner): Mark and Kim Kabbes
4304 Intracoastal Drive
Highland Beach, Fl. 33487
Applicant’s Agent: Not applicable
Property Characteristics:
Comprehensive Plan Land Use: Single Family
Zoning District: RS, Residential Single Family
Parcel PCN#: 24-43-47-04-02-004-0190
Background:
On October 22, 2019, a Code Violation was issued to the property owner for installation of a boat
lift without a permit (Case No. CR-19-0058).
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 12
Request and Analysis:
The Applicant is proposing to install a 4,000 pound capacity elevator boat lift at the property located
at 4304 Intracoastal Drive.
The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US
Army Corps of Engineers (USACOE) approval for the proposed boat lift. The corresponding file
numbers for each agency are provided in the table below.
FDEP (FILE NO.) ACOE (FILE NO.)
50-344029-002-EE SAJ-2016-01427(GP-JKA)
Pursuant to Section 30-68(g)(6)d.2. of the Town Code, accessory marine facilities (which includes
boat lifts) located in Single-family zoning districts shall provide a 25-foot side yard setback.
According to the Applicant’s submitted plan set, the proposed boat lift is compliant with this setback
requirement.
The Applicant’s boat lift plan sheet (2 of 3) provides the height of the superstructure of the boat
along with the height of the boat lift pile ; however, it does not reflect the boat in a lifted position.
The plan sheet does provide the “maximum height of boat keel” and therefore at this maximum
height, the proposed request is in compliance with the below definition of “boat lift” as provided
in Section 30-131 of the Town Code.
Section 30-131 (“Definitions of terms”) 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.
Page 13
Staff recommends approval of the installation of a proposed 4,000 pound capacity boat lift at the
property located at 4304 Intracoastal Drive subject to the following condition and based on the
plans date stamped received by the Building Department on March 25, 2022:
1. Pursuant to Section 30-131 of the Town Code, the proposed boat lift shall comply with
the definition of “boat lifts” including that in no case shall the lift be higher than the
superstructure of the boat when lifted.
The Applicant’s proposed request:
Meets Town of Highland Beach Zoning and other governmental agencies
requirements.
Meets 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:
Does 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
Ingrid Allen
Town Planner
Attachments: Application
Aerials
FDEP approval
ACOE approval
Applicant Plans
II. Recommendation
Page 14
Page 15
Page 16
Page 17
4229
4313
1070
1088
4304
4312
4308
4302
1092
1084
4307
4230
1091
1083
1087
4221
Bel
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D
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Intracoastal DrIntracoastal DrSUBJECT PROPERTY
4304 Intracoastal Drive
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,
USGS, AeroGRID, IGN, and the GIS User Community
Highland Beach Address Points
Highland Beach Parcels
Streets Centerline
4/22/2022, 12:22:55 PM 0 0.01 0.030.01 mi
0 0.03 0.050.01 km
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
Page 18
Source: Palm Beach County Property Appraiser
4304 Intracoastal Drive
SUBJECT
PROPERTY
Page 19
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
June 5, 2020
Mark Kabbes
4304 Intracoastal Dr.,
Highland Beach FL 33487
Sent via e-mail: mkabbes@seakayconstruction.com
Re: File No.: 50-344029-002-EE
File Name: 4304 Intracoastal Dr.
Dear Mr. Kabbes:
On May 13, 2020, we received your request for verification of exemption to install a boatlift.
The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 4304
Intracoastal Dr., Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach
County (Latitude N 26° 23’ 59.63”, Longitude W -80° 4’ 10.00”).
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 Brianna Vindiola at the letterhead
address or at (561) 681-6678, Brianna.Vindiola@FloridaDEP.gov.
Page 20
Project No.: 50-344029-002-EE
Project Name: 4304 Intracoastal Dr.
Page 2 of 5
1. Regulatory Review – VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt, under Chapter 62-330.051 (5)(h), Florida Administrative Code, from the need to obtain
a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial
modifications to the project design should be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Review- NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands, and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. 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
Page 21
Project No.: 50-344029-002-EE
Project Name: 4304 Intracoastal Dr.
Page 3 of 5
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be
final and effective until a subsequent order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a modification of the
agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner’s
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner’s substantial interests will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency’s proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
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).
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Project No.: 50-344029-002-EE
Project Name: 4304 Intracoastal Dr.
Page 4 of 5
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for
filing a petition for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
Page 23
Project No.: 50-344029-002-EE
Project Name: 4304 Intracoastal Dr.
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, Brianna Vindiola
Mark Kabbes, Sea Kay Construction, mkabbes@seakayconstruction.com
Additional mailings:
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
June 5, 2020
Clerk Date
Page 24
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, such as platforms, cat walks, and roofs.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18
Page 25
MICHAEL BABER, FL PE# 52575MCR PROFESSIONALENGINEERING, INC.INITIAL DRAWINGS COMPLETEDDATE REVISIONSSHEET 1 OF 2CERTIFICATE OF AUTHORIZATION # 26967FIVEDMMARINE CONSTRUCTION2950 NW COMMERCE PK DRIVE, UNIT 4BOYNTON BEACH, FL 33426OF: (561)863-3393BOAT LIFTLOCATION MAPAERIALSITE PLAN10/29/19KABBES RESIDENCE4304 INTRACOASTAL DRIVEHIGHLAND BEACH, FL30'6'8'
ATTACHMENT 1: SAJ-2016-01427
Southeast District
Permit Number
50-344029-002-EE
Page 26
MICHAEL BABER, FL PE# 52575MCR PROFESSIONALENGINEERING, INC.INITIAL DRAWINGS COMPLETEDDATE REVISIONSSHEET 2 OF 2CERTIFICATE OF AUTHORIZATION # 26967FIVEDMMARINE CONSTRUCTION2950 NW COMMERCE PK DRIVE, UNIT 4BOYNTON BEACH, FL 33426OF: (561)863-3393BOAT LIFTSECTION AA10/29/19KABBES RESIDENCE4304 INTRACOASTAL DRIVEHIGHLAND BEACH, FL6'PLAN VIEW4'6'4'8'
Southeast District
Permit Number
50-344029-002-EE
Page 27
TERRAQUATIC, INC SITE OWNER / ADDRESSPREPARED BY:
ABBREVIATIONS:
BCR BROWARD COUNTY RECORDS
FND FOUND
EXST EXISTING
IRC IRON ROD & CAP
(M) MEASURED
NL/D NAIL & DISK
(P) PLAT
PB PLAT BOOK
PG PAGE
TYP TYPICAL
SPECIFIC PURPOSE SURVEY
LOT 19 BLOCK 4 of "BEL LIDO"
PLAT BOOK 25, PAGE 97
SECTION 4, TOWNSHIP 47 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA
DATE: 2/7/20
DRAWN BY: BL
SCALE: N/A CHECKED BY: KCJ
SHEET 1 OF 2REV:
SURVEY NOTES:
1. THIS IS A SPECIFIC PURPOSE SURVEY AS DEFINED IN THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.
2. THIS SURVEY IS CERTIFIED TO KIM & MARK KABBES.
3. THIS SURVEY IS INTENDED EXCLUSIVELY FOR THE USE BY THOSE TO WHOM IT IS CERTIFIED. IT IS NOT TO BE USED BY OTHERS FOR CONSTRUCTION, PERMITTING, DESIGN OR ANY
OTHER USE WITHOUT THE WRITTEN CONSENT OF TERRAQUATIC, INC.
4. THIS SURVEY, AND ANY REPRODUCTION THEREOF, IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITAL SIGNATURE AND SEAL OF A FLORIDA REGISTERED SURVEYOR.
ADDITIONALLY, THIS SURVEY IS NOT VALID IF PRINTED BEARING A DIGITAL SIGNATURE AND SEAL.
5. OTHER THAN THOSE SHOWN ON THE REFERENCED PLAT, NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR EASEMENTS, ENCUMBRANCES OR OTHER INSTRUMENTS OF
RECORD WHICH MAY AFFECT THIS PARCEL OF LAND.
6. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 INCH = 20 FEET OR SMALLER.
7. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.
8. BEARING AND DISTANCES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA DATUM OF 1983, FLORIDA STATE PLANE, ZONE 901, TRANSVERSE MERCATOR PROJECTION IN THE U.S.
SURVEY FOOT UNIT OF MEASUREMENT.
9. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N24°53'36"E ALONG EAST LINE OF BLOCK 4.
10. UNLESS OTHERWISE NOTED, FIELD BEARINGS AND DISTANCES ARE CONSISTENT WITH THE RECORD PLAT.
11. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE PROPOSED MARINE IMPROVEMENTS RELATIVE TO THE INTRACOASTAL WATERWAY CHANNEL.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SPECIFIC PURPOSE SURVEY OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF AS SURVEYED UNDER MY DIRECTION ON 11/26/19. I FURTHER CERTIFY THAT
THIS SPECIFIC PURPOSE SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH IN
CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS
PURSUANT TO FLORIDA STATUTE 472.027.
KENNETH C. JACKSON, PSM - FLORIDA REGISTRATION NUMBER 4549
VICINITY MAPS
NOT TO SCALE
INTRACOASTAL WATERWAYINTRACOASTAL DRIVEPROJECTLOCATION
SURVEY
SITE
SURVEY
SITE
KIM & MARK KABBES
DRAWING: KABBES BNDY.dwg
JOB No.: 19-914
Southeast District
Permit Number
50-344029-002-EE
Page 28
4304 INTRACOASTAL DRIVE
HIGHLAND BEACH, FL
IMPROVEMENTS NOT SHOWN
FND 5 8" IR @ PCNO ID
BASIS OF BEARING: EASTERLY LINE OF BLOCK 4
ASSUMED BEARING OF N24°53'36"E
CENTERLINE
INTRACOASTAL DRIVE (P)
50' RIGHT OF WAY (P)S65°06'24"E125.00'S24°53'36"W 95.00'N65°06'24"W125.00'N24°53'36"E 95.00'70.00'
N24°53'36"E
FND 5 8" IRNO ID FND 1 2" IRNO ID
FND DRILL HOLEFND DRILL HOLE
PROPOSED 4,000lb BOAT LIFT
KIM & MARK KABBESTERRAQUATIC, INC SITE OWNER / ADDRESSPREPARED BY:
DATE: 2/7/20
DRAWING: KABBES BNDY.dwg DRAWN BY: BL
SCALE: 1" = 20'JOB No.: 19-914 CHECKED BY: KCJ
SHEET 2 OF 2REV:
HORIZONTAL SCALE: 1" = 20'
20'10'0'
Southeast District
Permit Number
50-344029-002-EE
Page 29
Regulatory Division
South Branch
Palm Beach Gardens Permits Section
SAJ-2016-01427(GP-JKA)
Mark Kabbes
4304 Intracoastal Drive
Highland Beach, FL 33487
mkabbes@seakayconstruction.com
Dear Mr. Kabbes:
The U.S. Army Corps of Engineers (Corps) assigned your application for a
Department of the Army permit, which the Corps received on December 10, 2020, the
file number SAJ-2016-01427. A review of the information and drawings provided
indicates that the proposed work would result in install an 8 foot by 6 foot elevator lift
attached to the existing dock. 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 within the Intracoastal Waterway, Waters of the
United States, adjacent to 4304 Intracoastal Drive, Section 4, Township, 47 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:
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS JACKSONVILLE DISTRICT,
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
February 20, 2020
Page 30
-2-
1. Reporting Address: The Permittee shall submit all reports, notifications,
documentation and correspondence required by the general and special
conditions of this permit to either (not both) of the following addresses:
a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil
(not to exceed 15 MB).
b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019.
The Permittee shall reference this permit number, SAJ-2016-01427 (GP-JKA), on
all submittals.
2. Commencement Notification: Within 10 days from the date of initiating the
work authorized by this permit the Permittee shall submit a completed
“Commencement Notification” Form (Attachment 2).
3. Consent to Easement: A portion of the authorized work may be located within
the Federal right-of-way for identify Federal project and would require a
Department of the Army Consent to Easement. By copy of this permit, the
proposal is being forwarded to the Corps’ Real Estate Division for action on the
Consent to Easement. Failure to obtain the Consent to Easement or waiver
invalidates this authorization. The Real Estate Division is responsible for issuing
the Consent to Easement. Contact with Real Estate for questions or status
updates can done at Post Office Box 4970, Jacksonville, Florida 32232 -0019 or
by telephone at 904-232-3727.
4. As -Built Certification with X-Y Coordinates: Within 60 days of completion of
the authorized work or at the expiration of the construction window of this permit,
whichever occurs first, the Permittee shall submit as-built drawings of the
authorized work and complete the enclosed As-Built Certification Form to the
Corps. The drawings shall be signed and sealed by a Florida registered
professional engineer or a professional land surveyor registered in the state of
Florida confirming the actual location of all authorized work/structures with
respect to the Federal channel and within the Federal easement and include the
following:
a. A plan view drawing of the location of the authorized work footprint (as
shown on the permit drawings) with an overlay of the work as constructed
in the same scale as the attached permit drawings (8½-inch by 11-inch).
The drawings shall include the X & Y State Plane coordination points of
the most waterward point of the structure. The drawings shall include the
dimensions of the structure, depth of water (at mean low water) at the
Page 31
-3-
waterward end of the structure, and the distance from the waterward end
of the structure to the near design edge of the Federal channel.
b. List of any deviations between the work authorized by this permit and the
work as constructed. In the event the completed work deviates, in any
manner, from the authorized work, describe on the As-Built Certification
Form the deviations between the work authorized by this permit and the
work as constructed. Clearly indicate on the as-built drawings any
deviations that have been listed. Please note the depiction and/or
description of any deviations on the drawings and/or As-Built Certification
Form does not constitute approval of any deviations by the Corps.
c. The Department of the Army Permit number.
5. Assurance of Navigation and Maintenance: The Permittee understands and
agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structures or work herein authorized, or if, in
the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of
the navigable waters, the Permittee will be required, upon d ue notice from the
U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or
alteration.
6. Notice of Permit: The Permittee shall complete and record the enclosed Notice
of Department of the Army Permit (Attachment 4) with the Clerk of the Circuit
Court, Registrar of Deeds or other appropriate official charged with the
responsibility of maintaining records of title to or interest in real property within
the county of the authorized activity. Within 90 days from the 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.
7. Federal Channel Setback: The most waterward edge authorized project shall
be constructed no more than 72.7 feet from the near edge of the federal channel
as shown in Attachment 1.
8. Manatee Conditions: The Permittee shall comply with the “Standard Manatee
Conditions for In-Water Work – 2011” (Attachment 5).
Page 32
-4-
9. Project Design Criteria (PDCs) for In-Water Activities: The Permittee shall
comply with National Marine Fisheries Service’s “PDCs for In-Water Activities”
dated November 20, 2017 (Attachment 6).
10. Daylight Hours: All activities must be completed during daylight hours.
11. Construction Location: Project construction shall take place from uplands or
from floating equipment (e.g., barge); prop or wheel-washing is prohibited.
12. Cultural Resources:
a. No structure or work shall adversely affect impact or disturb properties
listed in the National Register of Historic Places (NRHP) or those eligible
for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the
permit area, there are archaeological/cultural materials encountered which
were not the subject of a previous cultural resources assessment survey
(and which shall include, but not be limited to: pottery, modified shell, flora,
fauna, human remains, ceramics, stone tools or metal implements, dugout
canoes, evidence of structures or any other physical remains that could be
associated with Native American cultures or early colonial or American
settlement), the Permittee shall immediately stop all work and ground-
disturbing activities within a 100-meter diameter of the discovery and
notify the Corps within the same business day (8 hours). The Corps shall
then notify the Florida State Historic Preservation Officer (SHPO) and the
appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the
significance of the discovery and devise appropriate actions.
c. Additional cultural resources assessments may be required of the permit
area in the case of unanticipated discoveries as referenced in accordance
with the above Special Condition ; and if deemed necessary by the
SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR
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
Page 33
-5-
Florida Statutes. All work and ground disturbing activities within a 100-
meter diameter of the unmarked human remains shall immediately cease
and the Permittee shall immediately notify the medical examiner, Corps,
and State Archaeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on
the circumstances of the discovery, equity to all parties, and
considerations of the public interest, the Corps may modify, suspend or
revoke the permit in accordance with 33 CFR Part 325.7. Such activity
shall not resume without written authorization from the State Archaeologist
and from the Corps.
This authorization does not 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.
Page 34
-6-
If you are unable to access the internet or require a hardcopy of any of the conditions,
limitations, or expiration date for the above RGP(s), please contact Jerilyn Ashworth by
telephone at 561-472-3516.
Thank you for your cooperation with our permit program. The Corps’ Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware
this Internet address is case sensitive; and, you will need to enter it exactly as it
appears above. Your input is appreciated – favorable or otherwise.
Sincerely,
Jerilyn Ashworth
Project Manager
Enclosures
Copies Furnished:
CESAJ-RE
CESAJ-RD-E
Page 35
GENERAL CONDITIONS
33 CFR PART 320-330
1. The time limit for completing the work authorized ends on the dates identified in the
letter.
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 w ithout a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner 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 36
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SAJ-2016-01427(GP-JKA)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, P .O. Box 4970,
Jacksonville, FL 32232-0019 or by 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 37
MICHAEL BABER, FL PE# 52575MCR PROFESSIONALENGINEERING, INC.INITIAL DRAWINGS COMPLETEDDATE REVISIONSSHEET 1 OF 2CERTIFICATE OF AUTHORIZATION # 26967FIVEDMMARINE CONSTRUCTION2950 NW COMMERCE PK DRIVE, UNIT 4BOYNTON BEACH, FL 33426OF: (561)863-3393BOAT LIFTLOCATION MAPAERIALSITE PLAN10/29/19KABBES RESIDENCE4304 INTRACOASTAL DRIVEHIGHLAND BEACH, FL30'6'8'
ATTACHMENT 1: SAJ-2016-01427
Page 38
MICHAEL BABER, FL PE# 52575MCR PROFESSIONALENGINEERING, INC.INITIAL DRAWINGS COMPLETEDDATE REVISIONSSHEET 2 OF 2CERTIFICATE OF AUTHORIZATION # 26967FIVEDMMARINE CONSTRUCTION2950 NW COMMERCE PK DRIVE, UNIT 4BOYNTON BEACH, FL 33426OF: (561)863-3393BOAT LIFTSECTION AA10/29/19KABBES RESIDENCE4304 INTRACOASTAL DRIVEHIGHLAND BEACH, FL6'PLAN VIEW4'6'4'8'
Page 39
TERRAQUATIC, INC SITE OWNER / ADDRESSPREPARED BY:
ABBREVIATIONS:
BCR BROWARD COUNTY RECORDS
FND FOUND
EXST EXISTING
IRC IRON ROD & CAP
(M) MEASURED
NL/D NAIL & DISK
(P) PLAT
PB PLAT BOOK
PG PAGE
TYP TYPICAL
SPECIFIC PURPOSE SURVEY
LOT 19 BLOCK 4 of "BEL LIDO"
PLAT BOOK 25, PAGE 97
SECTION 4, TOWNSHIP 47 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA
DATE: 2/7/20
DRAWN BY: BL
SCALE: N/A CHECKED BY: KCJ
SHEET 1 OF 2REV:
SURVEY NOTES:
1. THIS IS A SPECIFIC PURPOSE SURVEY AS DEFINED IN THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.
2. THIS SURVEY IS CERTIFIED TO KIM & MARK KABBES.
3. THIS SURVEY IS INTENDED EXCLUSIVELY FOR THE USE BY THOSE TO WHOM IT IS CERTIFIED. IT IS NOT TO BE USED BY OTHERS FOR CONSTRUCTION, PERMITTING, DESIGN OR ANY
OTHER USE WITHOUT THE WRITTEN CONSENT OF TERRAQUATIC, INC.
4. THIS SURVEY, AND ANY REPRODUCTION THEREOF, IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITAL SIGNATURE AND SEAL OF A FLORIDA REGISTERED SURVEYOR.
ADDITIONALLY, THIS SURVEY IS NOT VALID IF PRINTED BEARING A DIGITAL SIGNATURE AND SEAL.
5. OTHER THAN THOSE SHOWN ON THE REFERENCED PLAT, NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR EASEMENTS, ENCUMBRANCES OR OTHER INSTRUMENTS OF
RECORD WHICH MAY AFFECT THIS PARCEL OF LAND.
6. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 INCH = 20 FEET OR SMALLER.
7. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.
8. BEARING AND DISTANCES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA DATUM OF 1983, FLORIDA STATE PLANE, ZONE 901, TRANSVERSE MERCATOR PROJECTION IN THE U.S.
SURVEY FOOT UNIT OF MEASUREMENT.
9. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N24°53'36"E ALONG EAST LINE OF BLOCK 4.
10. UNLESS OTHERWISE NOTED, FIELD BEARINGS AND DISTANCES ARE CONSISTENT WITH THE RECORD PLAT.
11. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE PROPOSED MARINE IMPROVEMENTS RELATIVE TO THE INTRACOASTAL WATERWAY CHANNEL.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SPECIFIC PURPOSE SURVEY OF THE HEREON
DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF AS SURVEYED UNDER MY DIRECTION ON 11/26/19. I FURTHER CERTIFY THAT
THIS SPECIFIC PURPOSE SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH IN
CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS
PURSUANT TO FLORIDA STATUTE 472.027.
KENNETH C. JACKSON, PSM - FLORIDA REGISTRATION NUMBER 4549
VICINITY MAPS
NOT TO SCALE
INTRACOASTAL WATERWAYINTRACOASTAL DRIVEPROJECTLOCATION
SURVEY
SITE
SURVEY
SITE
KIM & MARK KABBES
DRAWING: KABBES BNDY.dwg
JOB No.: 19-914 Page 40
4304 INTRACOASTAL DRIVE
HIGHLAND BEACH, FL
IMPROVEMENTS NOT SHOWN
FND 5 8" IR @ PCNO ID
BASIS OF BEARING: EASTERLY LINE OF BLOCK 4
ASSUMED BEARING OF N24°53'36"E
CENTERLINE
INTRACOASTAL DRIVE (P)
50' RIGHT OF WAY (P)S65°06'24"E125.00'S24°53'36"W 95.00'N65°06'24"W125.00'N24°53'36"E 95.00'70.00'
N24°53'36"E
FND 5 8" IRNO ID FND 1 2" IRNO ID
FND DRILL HOLEFND DRILL HOLE
PROPOSED 4,000lb BOAT LIFT
KIM & MARK KABBESTERRAQUATIC, INC SITE OWNER / ADDRESSPREPARED BY:
DATE: 2/7/20
DRAWING: KABBES BNDY.dwg DRAWN BY: BL
SCALE: 1" = 20'JOB No.: 19-914 CHECKED BY: KCJ
SHEET 2 OF 2REV:
HORIZONTAL SCALE: 1" = 20'
20'10'0'
Page 41
Page 42
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-2016-01427(GP-JKA)
2.Permittee Information:
Name: __________________________________________
Email: __________________________________________
Address: __________________________________________
__________________________________________
Phone: __________________________________________
3.Construction Start Date: ______________________
4.Contact to Schedule Inspection:
Name: __________________________________________
Email: __________________________________________
Phone: __________________________________________
______________________________
Signature of Permittee
______________________________
Printed Name of Permittee
______________________________
Date
ATTACHMENT 2: SAJ-2016-01427
Page 43
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-2016-01427(GP-JKA)
2.Permittee Information:
Name: _____________________________________________
Address: _____________________________________________
_____________________________________________
3.Project Site Identification (physical location/address):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4.As-Built Certification: I hereby certify that the authorized work, including any mitigation required
by Special Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on-site
observation, scheduled and conducted by me or by a project representative under my direct
supervision. I have enclosed one set of as-built engineering drawings.
________________________________ _______________________________________
Signature of Engineer Name (Please type)
________________________________ _______________________________________
(FL, PR, or VI) Reg. Number Company Name
________________________________ _____________________ ____________
City State ZIP
(Affix Seal)
___________________________________ _______________________________________
ATTACHMENT 3: SAJ-2016-01427
Page 44
-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 45
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-2016-01427 to Mark Kabbes (Permittee) on February 20, 2020,
authorizing work in navigable waters of the United States in accordance with Section 10
of the Rivers and Harbors Act of 1899 (33 U.S.C 403) on a parcel of land known as
Folio/Parcel ID: 24-43-47-04-02-004-0190, located at 4304 Intracoastal Drive, Section
4, Township, 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida.
Within 30 days of any transfer of interest or control of said property, the Permittee must
notify the Corps in writing of the property transfer by submitting the completed permit
transfer page included with the issued permit or verification. The subject permit or
verification concerns only that portion of the property determined to fall within the
jurisdiction of the Corps and this notice is applicable only to those portions of the subject
property in, over, under, or affecting navigable waters of the United States.
Conditions of the Permit/Verification: The permit or verification is subject to General
Conditions and Special Conditions which may affect the use of the work authorized in
Intracoastal Waterway. Accordingly, interested parties should closely examine the
entire permit or verification, all associated applications, and any subsequent
modifications.
To obtain a copy of the authorization in its entirety submit a written request to:
U.S. Army Corps of Engineers
Regulatory Division - Special Projects & Enforcement Branch
Post Office Box 4970
Jacksonville, Florida 32232-0019
Questions regarding compliance with these conditions should be directed to:
U.S. Army Corps of Engineers
Enforcement Section
Post Office Box 4970
Jacksonville, Florida 32232-0019
Conflict Between Notice and Permit
This Notice of Authorization is not a complete summary of the issued permit or
verification. Provisions in this Notice of Permit shall not be used in interpreting the
permit or verification provisions. In the event of conflict between this Notice of Permit
and the permit or verification, the permit or verification shall control.
ATTACHMENT 4: SAJ-2016-01427
Page 46
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-2016-01427 issued by Corps.
Permittee:
_____________________________________
Address:
_____________________________________
_____________________________________
Phone:________________________________
STATE OF FLORIDA
COUNTY OF _____________
The foregoing instrument was acknowledged before me this ________day of
__________________, 20____, by _________________, who is personally known to
me or has produced __________________________ as identification.
________________________________
___
Notary Public
(seal)
___________________________________
Print
My Commission Expires____________
Page 47
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct project
effects:
a.All personnel associated with the project shall be instructed about the presence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection
Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b.All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all
times while in the immediate area and while in water where the draft of the vessel provides less
than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
c.Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d.All on-site project personnel are responsible for observing water-related activities for the presence
of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s)
comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved
beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s)
has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed
into leaving.
e.Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) f or
north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at
ImperiledSpecies@myFWC.com
f.Temporary signs concerning manatees shall be posted prior to and during all in-water project
activities. All signs are to be removed by the permittee upon completion of the project. Temporary
signs that have already been approved for this use by the FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining
the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be
posted in a location prominently visible to all personnel engaged in water-related activities. These
signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to
the email address listed above.
ATTACHMENT 5: SAJ-2016-01427
Page 48
CAUTION: MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
1-888-404-FWCC (3922)
cell * FWC or #FWC
Page 49
U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological
Opinion (JaxBO) Project Design Criteria (PDCs) for In-Water Activities
November 20, 2017
1)(AP .7.) Education and Observation: The permittee must ensure that all personnel
associated with the project are instructed about the potential presence of species
protected under the ESA and the Marine Mammal Protection Act (MMPA). All on-site
project personnel are responsible for observing water-related activities for the
presence of protected species. All personnel shall be advised that there are civil and
criminal penalties for harming, harassing, or killing ESA-listed species or marine
mammals. To determine which species may be found in the project area, please
review the relevant Protected Species List at:
http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/in
dex.html
2)(AP .8.) Reporting of interactions with protected species:
a)Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon
occurring during the construction of a project, shall be reported immediately to
NMFS’s Protected Resources Division (PRD) at (1-727-824-5312) or by email to
takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.
b)Smalltooth sawfish: Report sightings to 1-844-SAWFISH or email
Sawfish@MyFWC.com
c)Sturgeon: Report dead sturgeon to 1-844-STURG 911 (1-844-788-7491) or email
nmfs.ser.sturgeonnetwork@noaa.gov
d)Sea turtles and marine mammals: Report stranded, injured, or dead animals to 1-
877-WHALE HELP (1-877-942-5343).
e)North Atlantic right whale: Report injured, dead, or entangled right whales to the
USCG via VHF Channel 16.
3)(AP .9.) Vessel Traffic and Construction Equipment: All vessel operators must
watch for and avoid collision with species protected under the ESA and MMPA.
Vessel operators must avoid potential interactions with protected species and
operate in accordance with the following protective measures:
a)Construction Equipment:
i)All vessels associated with the construction project shall operate at “Idle
Speed/No Wake” at all times while operating in water depths where the draft
of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in
all depths after a protected species has been observed in and has departed
the area.
ii)All vessels will follow marked channels and/or routes using the maximum
water depth whenever possible.
iii)Operation of any mechanical construction equipment, including vessels, shall
cease immediately if a listed species is observed within a 50-ft radius of
ATTACHMENT 6: SAJ-2016-01427
Page 50
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 51
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 52
TERRAQUATIC, INCSITE OWNER / ADDRESSPREPARED BY:ABBREVIATIONS:BCR BROWARD COUNTY RECORDSFND FOUNDEXST EXISTINGIRC IRON ROD & CAP(M) MEASUREDNL/D NAIL & DISK(P) PLATPB PLAT BOOKPG PAGETYP TYPICALBOUNDARY SURVEYLOT 19 BLOCK 4 of "BEL LIDO"PLAT BOOK 25, PAGE 97SECTION 4, TOWNSHIP 47 SOUTH, RANGE 43 EAST,PALM BEACH COUNTY, FLORIDADATE: 11/27/19DRAWN BY: BLSCALE: N/A CHECKED BY: KCJSHEET 1 OF 2REV:SURVEY NOTES:1. THIS IS A BOUNDARY SURVEY AS DEFINED IN THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.2. THIS SURVEY IS CERTIFIED TO KIM & MARK KABBES.3. THIS SURVEY IS INTENDED EXCLUSIVELY FOR THE USE BY THOSE TO WHOM IT IS CERTIFIED. IT IS NOT TO BE USED BY OTHERS FOR CONSTRUCTION, PERMITTING, DESIGN OR ANY OTHER USE WITHOUT THE WRITTEN CONSENT OF TERRAQUATIC, INC.4. THIS SURVEY, AND ANY REPRODUCTION THEREOF, IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITAL SIGNATURE AND SEAL OF A FLORIDA REGISTERED SURVEYOR. ADDITIONALLY, THIS SURVEY IS NOT VALID IF PRINTED BEARING A DIGITAL SIGNATURE AND SEAL.5. OTHER THAN THOSE SHOWN ON THE REFERENCED PLAT, NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR EASEMENTS, ENCUMBRANCES OR OTHER INSTRUMENTS OFRECORD WHICH MAY AFFECT THIS PARCEL OF LAND.6. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 INCH = 20 FEET OR SMALLER.7. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.8. BEARING AND DISTANCES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA DATUM OF 1983, FLORIDA STATE PLANE, ZONE 901, TRANSVERSE MERCATOR PROJECTION IN THE U.S.SURVEY FOOT UNIT OF MEASUREMENT.9. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N24°53'36"E ALONG EAST LINE OF BLOCK 4.10. UNLESS OTHERWISE NOTED, FIELD BEARINGS AND DISTANCES ARE CONSISTENT WITH THE RECORD PLAT.CERTIFICATION:I HEREBY CERTIFY THAT THE ATTACHED BOUNDARY SURVEY OF THE HEREONDESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ANDBELIEF AS SURVEYED UNDER MY DIRECTION ON 11/26/19. I FURTHER CERTIFY THATTHIS BOUNDARY SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH INCHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERSPURSUANT TO FLORIDA STATUTE 472.027.KENNETH C. JACKSON, PSM - FLORIDA REGISTRATION NUMBER 4549VICINITY MAPSNOT TO SCALEINTRACOASTAL WATERWAYINTRACOASTAL DRIVEPROJECTLOCATIONSURVEYSITESURVEYSITEKIM & MARK KABBESDRAWING: KABBES BNDY.dwgJOB No.: 19-914Digitally signed by Kenneth C. Jackson, PSM 4549 Date: 2019.11.27 16:09:59 -05'00'Page 53
4304 INTRACOASTAL DRIVEHIGHLAND BEACH, FLIMPROVEMENTS NOT SHOWNFND 58" IR @ PCNO IDBASIS OF BEARING: EASTERLY LINE OF BLOCK 4ASSUMED BEARING OF N24°53'36"ECENTERLINEINTRACOASTAL DRIVE (P)50' RIGHT OF WAY (P)S65°06'24"E125.00'S24°53'36"W95.00'N65°06'24"W125.00'N24°53'36"E95.00'70.00'N24°53'36"EFND 58" IRNO IDFND 12" IRNO IDFND DRILL HOLEFND DRILL HOLEPROPOSED 4,000lb BOAT LIFTKIM & MARK KABBESTERRAQUATIC, INCSITE OWNER / ADDRESSPREPARED BY:DATE: 11/27/19DRAWING: KABBES BNDY.dwgDRAWN BY: BLSCALE: 1" = 20'JOB No.: 19-914CHECKED BY: KCJSHEET 2 OF 2REV:HORIZONTAL SCALE: 1" = 20'20'10'0'Page 54
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PUBLIC NOTICE
APPLICATION NO. 20-0015
500 Ft Public Notification Boundary
April 12, 2022
Dear Property Owner:
This is to notify you that the PLANNING BOARD of the Town of Highland Beach
will conduct a public hearing on Thursday, May 12, 2022, at 9:30 AM in the
Commission Chambers at Town Hall, 3614 South Ocean Boulevard, Highland Beach,
Florida to consider the following application.
APPLICATION BY MARK AND KIM KABBES FOR A SPECIAL EXCEPTION
APPROVAL TO INSTALL A 4,000-POUND CAPACITY BOAT LIFT FOR A
PROPERTY LOCATED AT 4304 INTRACOASTAL DRIVE.
The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday
through Friday during normal business hours of 8:30 a.m. to 4:30 p.m.
Public participation will be in the forms of in-person, Zoom, or telephone calls. Persons desiring
to participate in the meeting must preregister by contacting the Town Clerk’s Office at the email
address; publiccomments@highlandbeach.us or by submitting a public comment to the Town of
Highland Beach’s Agendas and Meetings webpage https://mmportal6.teammunicode.com//. At
the top of the webpage, click on “Public Comments” complete the electronic form and click
submit. The submitted comment will be read into the record during the corresponding portion of
the meeting. All requests will be accepted up until 9:30 A.M. on Wednesday, May 11, 2022.
Any person that decides to appeal any decision made by the Planning Board with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record of the
proceeding is made, which includes the testimony and evidence upon which the appeal is based.
The Town of Highland Beach does not provide such a record.
In accordance with the Americans with Disabilities Act, persons who need special accommodation
to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548
at least 48 hours prior to the meeting. If you are hearing or speech impaired, please con tact the
Florida Relay Service at 1-800-955-8770 or 1-800-955-8771.
For additional information, please contact the Town Planner at (561) 278-4540.
TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT
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Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11745-Other Legal Notices ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on May 04, 2022
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: May 05, 2022.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: gthompson@highlandbeach.us
7203652
SUN-SENTINEL
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Order # - 7203652
SUN-SENTINEL
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