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Land Development and Planning Project Files_4018 S. Ocean Blvd._20230209_DO Application # 22-0016TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: February 09, 2023 Applicant/Owner: Akbar Mondal Nunez Property Address: 4018 S. Ocean Blvd, Highland Beach, FL 33487 Property Control Number: 24-43-47-04-55-000-0090 Application No. 22-0016 Preliminary Review: Final Review: Install A 10,000-Pound capacity boat lift in Slip No. 22 for a property located at 4018 South Ocean Boulevard. Amended Site Plan Review Other AT THE FEBRUARY 09, 2023, MEETIN G, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Denied Recommendation to Approve Approved with Modifications (as noted) Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC. IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD’S FINDINGS: MOTION: Adwar/Powell - Moved to approve (Development Order No. 22-0016). Based upon roll call: Member Adwar (Yes), Member Powell (Yes), Member DeMoss (Yes), Member Brown (Yes), Member Chudnofsky (Yes), Vice Chairperson Mendelson (Yes)and Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 02/10/2023 REVIEW GIVEN TO SUBJECT PROPERTY PLANNING BOARD STAFF REPORT MEETING OF: February 9, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY AKBAR MONDAL NUNEZ, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION APPROVAL TO INSTALL A 10,000 POUND CAPACITY BOAT LIFT IN SLIP NO. 22 FOR A PROPERTY LOCATED AT 4018 SOUTH OCEAN BOULEVARD. (DO #22-0016) Applicant (Property Owner): Nancy F. Politzer 4018 South Ocean Blvd. Highland Beach, Fl. 33487 Applicant’s Agent: Akbar Mondal Nunez Boat Lifts & Docks of South Florida 989 Northwest 31 Avenue Pompano Beach, Fl. 33060 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: RML, Residential Multiple Family Low Density Site Location: 4018 South Ocean Blvd, slip number 22 Parcel PCN#: 24-43-47-04-55-000-0090 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 install a four (4) post, 10,000 pound capacity boat lift in slip number 22 of the boat dock located at the Ocean Cove development. To the west of the Ocean Cove residences, there is a walkway that leads to the dock which runs parallel to the Intracoastal Waterway. The existing dock slips only accommodate perpendicular docking. The Applicant has obtained South Florida Water Management District (SFWMD) (Application No. 220916-35977) and US Army Corps of Engineers (File No. SAJ -2022-02908(GP-PRC) authorizations for the proposed boat lift . Note that the Florida Department of Environmental Protection (FDEP) delegated the review of the request to the SFWMD (see attached FDEP email correspondence). FDEP determined that because the Boca Cove development initially received an Environmental Resource Permit from SFWMD, the proposed boat lift should be reviewed by SFWMD given the permitting history. It is worth noting that a previous boat lift request (DO# 21 - 0006 – 4036 S. Ocean Blvd.) located within the same Boca Cove development was approved in 2021 by FDEP not SFWMD. FDEP indicated to staff that they inadvertently processed such approval; however, it is considered a valid authorization. According to the Applicant’s boat lift detail (sheet DET 1), the top of the lift measures 6 feet 11 inches from the existing pier. The Applicant has not dimensioned the superstructure components of the boat on the lift detail (this is not a requirement of the Town Code). That said and at the request of staff, the Applicant has included on sheet DET 1, a note referencing the boat lift definition found in Section 30 -131 of the Town Code which is as follows: 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. II. Recommendation Page 12 Staff recommends approval to install a proposed 10,000 pound capacity boat lift in slip number 22 based on the plans date stamped received by the Building Department on January 6, 2023: 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 HOA approval FDEP correspondence SFWMD authorization ACOE authorization Applicant Plans Page 13 Page 14 Page 15 Page 16 3908 110711051103 3921 1113 4102 4018 4001 40444042 4011 4101 4026 4020 4040 4006 4111 4015 4023 4014 4004 4019 4002 4005 4024 4104 4022 4032 4028 1101-A 4036 4108 4034 40104016 4030 1101-B 4038 4008 1119-4 4012 1119-2 1123-3 1123-1 1115 1119-1 1100-B 1101-D 4105 1109 1111 S Ocean Blvd S Ocean BlvdHighland Beach Dr 4018 South Ocean Blvd. State of Florida, Maxar, Microsoft Highland Beach Boundary Highland Beach Address Points Highland Beach Parcels Streets Centerline 1/26/2023, 10:26:55 AM 0 0.03 0.060.01 mi 0 0.05 0.10.03 km 1:2,257 Town of Highland Beach State of Florida, Maxar, Microsoft | Subject property Ocean Cove dock Page 17 Source: Palm Beach County Property Appraiser Ocean Cove Slip No. 22 Ocean Cove Residences Page 18 Page 19 1 Ingrid Allen From:Meyer, Jeffrey L <Jeffrey.L.Meyer@FloridaDEP.gov> Sent:Thursday, January 5, 2023 9:32 AM To:Ingrid Allen Cc:Sattelberger, Danielle; Osborne, Vanessa Subject:RE: 426221-001 Polizer, Nancy (4018 S Ocean Blvd) Wemayhaveinadvertentlyprocessedanapplicationatthefacility.Sometimestheyslipthroughtheprocesswithout beingreͲrouted.It’sstillavalidauthorization,evenifitwasn’tsupposedtocomefromus.However,allfutureERP applicationsforthatfacilityshouldbehandledbySFWMD. JeffreyL.Meyer EnvironmentalAdministrator Florida Department of Environmental Protection Southeast District – West Palm Beach 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Jeffrey.L.Meyer@floridadep.gov Office: 561.681.6645 RequestDEPPreͲApplicationMeetingwithSED(surveygizmo.com) TheDepartmentofEnvironmentalProtectionvaluesyourfeedbackasacustomer.Pleasetakeafewminutestocomment onthequalityofserviceyoureceivedbycompletingtheDEPCustomerSurvey. From:IngridAllen<iallen@highlandbeach.us> Sent:Tuesday,January3,20235:00PM To:Meyer,JeffreyL<Jeffrey.L.Meyer@FloridaDEP.gov> Cc:Sattelberger,Danielle<Danielle.Sattelberger@FloridaDEP.gov>;Osborne,Vanessa <Vanessa.Osborne@FloridaDEP.gov> Subject:RE:426221Ͳ001Polizer,Nancy(4018SOceanBlvd) EXTERNALMESSAGE ThisemailoriginatedoutsideofDEP.Pleaseusecautionwhenopeningattachments,clickinglinks,orrespondingtothis email. Jeffrey: Thankyouforyourquickresponse.Thisisveryinteresting,backin2021,arequestforaboatliftwithinthesameBoca Covecommunity(4036S.OceanBlvd)wasprocessedhereintheTown.TheapplicantprovidedtheattachedFDEPletter (aswellasACOEletter)whichdidnotreferenceatransfertotheSFWMDtodelegate.Shouldtheyhave? Page 20 2 Sincerely, IngridAllen TownPlanner TownofHighlandBeach 3614S.OceanBoulevard HighlandBeachFL33487 (561)278Ͳ4540Office(option3) (561)278Ͳ2606Fax www.highlandbeach.us PLEASENOTE:Floridahasaverybroadpublicrecordslaw.MostwrittencommunicationstoorfromtheTownofHighlandBeachofficialsand employeesregardingpublicbusinessarepublicrecordsavailabletothepublicandmediauponrequest.YoureͲmailcommunicationsmaybe subjecttopublicdisclosure.UnderFloridalaw,eͲmailaddressesarepublicrecords.IfyoudonotwantyoureͲmailaddressreleasedinresponseto apublicrecordsrequest,donotsendelectronicmailtothisentity.Instead,contactthisofficebyphoneorinwriting.Theviewsexpressedinthis messagemaynotnecessarilyreflectthoseoftheTownofHighlandBeach. From:Meyer,JeffreyL<Jeffrey.L.Meyer@FloridaDEP.gov> Sent:Tuesday,January3,20233:28PM To:IngridAllen<iallen@highlandbeach.us> Cc:Sattelberger,Danielle<Danielle.Sattelberger@FloridaDEP.gov>;Osborne,Vanessa <Vanessa.Osborne@FloridaDEP.gov> Subject:RE:426221Ͳ001Polizer,Nancy(4018SOceanBlvd) HiIngrid, EnvironmentalResourcePermitting(ERP)jurisdictionintheStateofFloridaissplitbetweenFDEPandtheWater ManagementDistricts.Thereisanoperatingagreementinplacethatdictateswhichagencyisresponsibletoprocess ERPpermitsbasedonthetypeofactivityproposed.Typically,singleͲfamilydockingstructures,includingboatlifts,are FDEP’sresponsibility.However,inthiscasetheproposedboatliftispartofalargerresidentialdevelopmentthat previouslyreceivedanERPfromSFWMD.Sincethefacility’sERPpermittinghistoryiswithSFWMD,thatagencyis responsibleforreviewingtheproposedboatliftproject. Regards, JeffreyL.Meyer EnvironmentalAdministrator Florida Department of Environmental Protection Southeast District – West Palm Beach 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Jeffrey.L.Meyer@floridadep.gov Office: 561.681.6645 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Exhibit 2.0 Exemption No. 50-107725-PPage 1 of 5Page 28 Exhibit 2.0 Exemption No. 50-107725-PPage 2 of 5Page 29 Exhibit 2.0 Exemption No. 50-107725-PPage 3 of 5Page 30 Exhibit 2.0 Exemption No. 50-107725-PPage 4 of 5Page 31 Exhibit 2.0 Exemption No. 50-107725-PPage 5 of 5Page 32 Regulatory Division South Branch Palm Beach Gardens Section SAJ-2022-02908(GP-PRC) Nancy Politzer 4018 South Ocean Boulevard Highland Beach, FL 33069 Sent via email: docksandlifts@gmail.com Dear Ms. Politzer: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit, which the Corps received on September 15, 2022. Your application was assigned file number SAJ-2022-02908. A review of the information and drawings provided indicates that the proposed work would result in the installation of a boat lift in Slip #22 of an existing multifamily dock, Ocean Cove Marina. 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 in the Intracoastal Waterway, a water of the U.S., at 4018 S Ocean Boulevard, in Section 4, Township 43 South, Range 47 East, Highland Beach, Palm Beach County, Florida (26.402822, -80.067952). This letter verifies your project, as described above and depicted on the enclosed drawings, is authorized by Regional General Permit (RGP) SAJ-20 and any subsequent modifications, if applicable. This RGP authorization is valid until March 27, 2023. Please access the Corps' Jacksonville District Regulatory Division Source Book web page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware this Internet address is case sensitive and you will need to enter it exactly as it appears above. Once there, select “General Permits.” Then you will need to select the specific SAJ permit noted above. You must comply with all of the general and special conditions of the RGP, including any project-specific conditions included in this letter and all conditions incorporated by reference as described above. General Conditions (33 CFR PART 320-330): DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 October 31, 2022 Page 33 -2- 1. The time limit for completing the work authorized ends on March 27, 2023. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Attachment). 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Project Specific Special Conditions: The following project specific special conditions are included with this verification: 1. Reporting Addresses: 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, Page 34 -3- Special Projects and Enforcement Branch, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410.The Permittee shall reference this DA permit number, SAJ-2022-02908(GP-PRC), 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). 3. Section 401 Water Quality Certification: It is incumbent upon the Permittee to ensure that the proposed activity(ies) are, in fact, exempt under rule 62-330.051 or 62- 330.0511, F.A.C. In accordance with 62.330.062, F.A.C., state water quality certification has been waived for activities that are exempt under rule 62-330.051 or 62-330.0511, F.A.C. Based upon the exemption information provided by the Permittee, the Corps has presumed the proposed activity(ies) meet the above-referenced exemptions which constitutes written notification that the certifying authority has expressly waived to act on the water quality certification (WQC) request for this DA permit application in accordance with 40 CFR 121.9(a)(1). Therefore, this exemption satisfies the project proponent’s (i.e. permittee) requirement to obtain a WQC. In the event that a WQC is required following the issuance of this DA permit, the Corps will revoke this DA permit verification/authorization until the required WQC is received in accordance with 40 CFR 121. You will not be authorized to commence work until a separate written DA permit verification/authorization is provided or be subject to an enforcement action. 4. 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 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, Page 35 -4- 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 nonfederal 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. 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 due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 6. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment). 7. Consent to Easement: Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way and therefore, may require a Department of the Army Consent to Easement. The Permittee shall complete the “Application for Consent to Cross U.S. Government Easement” (Attachment) and submit to the Corps Real Estate Division SAJ-RE-Consent@usace.army.mil or Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-570-4514. The application should include a boundary survey map along with the authorized construction plans and specifications for the project. Prior to commencement of construction, the Permittee shall provide a copy of the Corps approved Consent to Easement, or correspondence from the Real Estate Division indicating that a Consent to Easement is not required, to the address identified in the Reporting Address Special Condition. Page 36 -5- 8. Federal Channel Setback: The most waterward edge of the authorized project shall be constructed approximately 62.5 feet from the near edge of the federal channel. 9. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Authorization” form (Attachment) with the Clerk of the Circuit Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. Within 90 days from the effective date of this permit, the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded and the date of recording. 10. 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) 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 waterward point of the structure and a point at the mean high water line (MHWL) or the of the bulkhead/seawall, if present. The drawings shall include: the dimensions of the structure, depth of water (at mean low water) at the waterward end of the structure, and the distance from the waterward 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. 11. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. Johnson’s seagrass and its critical habitat were delisted from the Endangered Species Act on May 16, 2022. Therefore, JAXBO PDCs required to minimize adverse effects to Johnson’s seagrass and its critical habitat are no longer applicable to any project. Failure to comply with applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species Page 37 -6- occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at: http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx JAXBO may be subject to revision at any time. The most recent version of the JAXBO must be utilized during the design and construction of the permitted work. 12. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained daily until the authorized work has been completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area. Jurisdictional Determination: A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. This letter of 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 letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. Page 38 -7- This letter of authorization does not preclude the necessity to obtain any other Federal, State, or local permits, which may be required. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Should you have any questions related to this RGP verification or have issues accessing the documents referenced in this letter, please contact Patricia Clune at the letterhead address above, via telephone at 561-768-5944, or via e-mail at Patricia.R.Clune@usace.army.mil. Sincerely, Patricia Clune Project Manager Enclosures Commencement Notification Form As-Built Certification Form Manatee Conditions NMFS PDCs Notice of Permit Self-Certification Statement of Compliance Page 39 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Nancy Politzer File Number: SAJ-2022-02908 Date: October 31, 2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Page 40 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Enter PM Contact Information If you only have questions regarding the appeal process you may also contact: Phillip Shannin Administrative Appeals Review Officer USACE – South Atlantic Division 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-51377 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. _______________________________ Signature of appellant or agent. Date: Telephone number: Page 41 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST DA PERMIT NUMBER: SAJ-2022-02908(NW-PRC) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to: SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). ___________________________________ ___________________________ (TRANSFEREE-SIGNATURE) (SUBDIVISION) ___________________________________ _________ ____________ (DATE) (LOT) (BLOCK) __________________________ ___________________________________ (STREET ADDRESS) (NAME-PRINTED) ___________________________________ ___________________________________ (MAILING ADDRESS) ___________________________________ (CITY, STATE, ZIP CODE) Page 42 N EAST EDGE OF CHANNELEAST EDGE OF CHANNELINTRACOASTALWATERWAY11'-2"11'- 2 " 62-. 5 ' 24'#4018 S OCEANBLVDLOT 22 -CONDOMINIUMExistingPlanked PierExisting ConcretePilings (4) 14"x14"EXISTING CONDITIONSSCALE: 1" = 40'-0"ECDATE NOTES/REVISIONS PREPARED FOR: BOATLIFTS & DOCKS OF SOUTH FLORIDA 989 N.W. 31ST. AVENUE POMPANO BEACH, FL 33069 954-971-0811 SCC131151479 CARL G. FORBES PE 1839 SOUTH DIXIE HIGHWAY WEST POMPANO BEACH, FL 33060 EMAIL: CARLFORBES@BELLSOUTH.NET PHONE: 954-682-6651 FAX: 954-903-4284 STATE OF FLORIDA LICENSE PE 20699 BOAT LIFT FOR: Politizer Residence 4018 S Ocean Blvd, Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 43 62-.5' N TurbiditybarriersNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"24'ExistingPlanked PierEAST EDGE OF CHANNEL11'-2"11'- 2 "PROPOSED CONDITIONSSCALE: 1" = 15'-0"PCDATE NOTES/REVISIONS PREPARED FOR: BOATLIFTS & DOCKS OF SOUTH FLORIDA 989 N.W. 31ST. AVENUE POMPANO BEACH, FL 33069 954-971-0811 SCC131151479 CARL G. FORBES PE 1839 SOUTH DIXIE HIGHWAY WEST POMPANO BEACH, FL 33060 EMAIL: CARLFORBES@BELLSOUTH.NET PHONE: 954-682-6651 FAX: 954-903-4284 STATE OF FLORIDA LICENSE PE 20699 BOAT LIFT FOR: Politizer Residence 4018 S Ocean Blvd, Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 44 INTRACOASTALWATERWAYTurbiditybarriersNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"BBAAExistingPlanked PierN 24'11'-2"11'- 2 "SITE PLANSCALE: 3/32" = 1'-0"SPDATE NOTES/REVISIONS PREPARED FOR: BOATLIFTS & DOCKS OF SOUTH FLORIDA 989 N.W. 31ST. AVENUE POMPANO BEACH, FL 33069 954-971-0811 SCC131151479 CARL G. FORBES PE 1839 SOUTH DIXIE HIGHWAY WEST POMPANO BEACH, FL 33060 EMAIL: CARLFORBES@BELLSOUTH.NET PHONE: 954-682-6651 FAX: 954-903-4284 STATE OF FLORIDA LICENSE PE 20699 BOAT LIFT FOR: Politizer Residence 4018 S Ocean Blvd, Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 45 Existing (4)concrete pilingsNOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFT11'-2"24'SECTION A-AExisting bermto remainNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"ExistingPlanked PierNAVD +5.00'MLW -1.83' NAVDMHW +0.16' NAVDDATE NOTES/REVISIONS4-POST BOAT LIFT DETAILSCALE: 1/4"=1"-0"PREPARED FOR: BOATLIFTS & DOCKS OF SOUTH FLORIDA 989 N.W. 31ST. AVENUE POMPANO BEACH, FL 33069 954-971-0811 SCC131151479 CARL G. FORBES PE 1839 SOUTH DIXIE HIGHWAY WEST POMPANO BEACH, FL 33060 EMAIL: CARLFORBES@BELLSOUTH.NET PHONE: 954-682-6651 FAX: 954-903-4284 STATE OF FLORIDA LICENSE PE 20699DET-2BOAT LIFT FOR: Politizer Residence 4018 S Ocean Blvd, Highland Beach, FLDrawn by: R.A.Checked by: WSDate: 09/07/2022Job No.: 22-045Page 46 Existing (4)concrete pilings11'-2"NOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFTSECTION B-BExisting bermto remainNew 10000 lb 4-PostBoat Lift w/ (4) existingconcrete pile 14"x14"ExistingPlanked PierNAVD +5.00'MLW -1.83' NAVDMHW +0.16' NAVDDET_2DATE NOTES/REVISIONS PREPARED FOR: BOATLIFTS & DOCKS OF SOUTH FLORIDA 989 N.W. 31ST. AVENUE POMPANO BEACH, FL 33069 954-971-0811 SCC131151479 CARL G. FORBES PE 1839 SOUTH DIXIE HIGHWAY WEST POMPANO BEACH, FL 33060 EMAIL: CARLFORBES@BELLSOUTH.NET PHONE: 954-682-6651 FAX: 954-903-4284 STATE OF FLORIDA LICENSE PE 20699Drawn by: R.A.Checked by: WillDate: 08/27/2022Job No.: 22-045BOAT LIFT FOR: Politizer Residence 4018 S Ocean Blvd, Highland Beach, FL4-POST BOAT LIFT DETAILSCALE: 1/4"=1"-0"Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 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 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Jan 30, 2023 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: January 31, 2023. 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 7366795 SUN-SENTINEL Page 55 Order # - 7366795 SUN-SENTINEL Page 56