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2023.04.13_PB_Agenda_Regular
AGENDA PLANNING BOARD REGULAR MEETING Thursday, April 13, 2023 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3614 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us TOWN HALL COMMISSION CHAMBERS 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. SWEARING IN OF THE PUBLIC 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) 7. APPROVAL OF MINUTES A. March 09, 2023 8. UNFINISHED BUSINESS A. Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and Seawall Regulations of the Town Code. 9. NEW BUSINESS A. Development Application No. 22-0018 / Non Sibi LLC Application By Darrin Dunlea, Seadar Builders, for an amendment to a previously approved special exception request (No. 21-002) to install a 232 square foot wood dock, two (2) mooring piles, a 12,000 pound capacity jet ski platform list and a 30,000 pounds capacity no profile boat life for the property located at 4206 Intracoastal Drive. Page 1 Agenda – Planning Board Regular Meeting Thursday, April 13, 2023, 9:30 AM Page 2 of 2 B. Development Application No. 22-0019 / James Paris and Karen Mueller-Paris Application by Chris Beale, Bealecon Construction LLC, for a major modification to an existing building as provided by Section 30-39 of the Town Code for the property located at 1106 Bel Air Drive. 10. ANNOUNCEMENTS April 18, 2023 1:30 P.M. Town Commission Meeting April 26, 2023 11:30 A.M. Financial Advisory Board Regular Meeting May 02, 2023 1:30 P.M. Town Commission Meeting 11. ADJOURNMENT 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 including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 2 File Attachments for Item: A. March 09, 2023 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: March 09, 2023 3614 South Ocean Boulevard Highland Beach, Florida 33487 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M. 2. ROLL CALL Member Jason Chudnofsky Member Roger Brown Member Brian DeMoss Chairperson Eric Goldenberg Town Attorney Leonard Rubin Town Clerk Lanelda Gaskins ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen ABSENT Vice Chairperson Mendelson Member David Powell Member Harry Adwar 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA Chairperson Goldenberg moved Item 9.C., Development Application No. 22-0010 to Item 9.B. Item 9.B. was moved to Item 9.C., Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. MOTION: Chudnofsky/DeMoss - Moved to approve the agenda as amended, which passed unanimously 4 to 0. Page 4 Planning Board Regular Meeting Minutes Date: March 09, 2023 Page 2 of 5 5. SWEARING IN OF THE PUBLIC Town Clerk Lanelda Gaskins swore in those giving testimony. 6. PUBLIC COMMENT There were no public comments. 7. APPROVAL OF MINUTES A. February 09, 2023 MOTION: Chudnofsky/DeMoss - Moved to approve the minutes as presented, which passed unanimously 4 to 0. 8. UNFINISHED BUSINESS A. None. 9. NEW BUSINESS A. Nomination of Chairperson and Vice Chairperson for a one-year term. Chairperson Goldenberg read the title of Item 9.A. into the record. He called for nomination of Chairperson and Vice Chairperson to serve for a one-year term. MOTION: DeMoss/Chudnofsky - Moved to nominate Member Eric Goldenberg as the Chairperson for a one-year term; and Goldenberg/DeMoss – Moved to nominate Member Ilene Mendelson as the Vice Chairperson for a one-year term. B. Development Application No. 22-0010 / Leonard Zelin (Formally Item 9.C.) Application By Akbar Mondal Nunez, Boat Lifts & Docks of South Florida, for a special exception approval to install a 13,000-pound capacity boat lift for the property located at 4216 Intracoastal Drive. Chairperson Goldenberg read the title of Item 9.B. and asked the Board members if they had any ex parte communications to disclose. The members had no ex parte. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present her recommendations regarding the application. Town Planner Allen presented a PowerPoint Presentation of the Development Order depicting aerial photographs of the property with the existing dock, survey, and dock details. She advised that the applicant received authorization from the Florida Department of Environmental Protection (FDEP) and the US Army Corps Page 5 Planning Board Regular Meeting Minutes Date: March 09, 2023 Page 3 of 5 of Engineers (ACOE) for the proposed dock. Staff are recommending approval to install a 13,000-pound capacity boat lift for a property located at 4216 Intracoastal Drive. The applicant would 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, the commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. The Town provided two interpreters to meet the ADA Compliance. Mary Louise Johnson and Laurel Casey with Nationwide Interpreter Resource, Inc. were present and provided the services. Akbar Mondal, contractor for the applicant commented on Development Application No. 22-0010. Chairperson Goldenberg closed the public hearing followed by a motion. MOTION: DeMoss/Chudnofsky - Moved to approve Development Order No. 22-0010 as presented, which passed 4 to 0. C. Proposed amendment to the Town Code of Ordinances to incorporate sea turtle protection lighting standards. (Formally Item 9.B.) Chairperson Goldenberg read the title of Item 9.C. Town Planner Allen presented this the proposed amendment to the Town Code of Ordinance to incorporate sea turtle protection lighting standards. The proposed sea turtle protection lighting standards are consistent with the State model. In addition, Ms. Allen provided a PowerPoint presentation depicting. Joann Ryan, the Turtle Permit Holder, was present. There were discussions about lighting on the beach and the effects of the white lighting spooking sea turtles. Chairperson Chudnofsky asked Ms. Ryan for her recommendations . Ms. Ryan spoke about the effects of the white lighting on nesting and hatchlings, the areas along the west side of the beach and the areas on the east side (beachfront) have white lighting. She mentioned that shadow/amber lighting are best for sea turtles. Turtle Nesting Season is March 1 through October 31. She talked about the leatherback turtle nesting, loggerheads turtles and the green turtles. Chairperson Goldenberg asked Building Official Remas what could be done to help. Building Official Remas explained that the issue is that the ordinance is antiquated and inadequate. The town is reactive when receiving complaints from the permit holder. Town Planner Allen suggested that the information provided is based on the state. Page 6 Planning Board Regular Meeting Minutes Date: March 09, 2023 Page 4 of 5 MOTION: Goldenberg/Chudnofsky - Moved to approve the Proposed Ordinance as presented. The motion passed unanimously 4 to 0. D. Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code Town Planner Allen presented this item along with a PowerPoint presentation depicting slides on the proposed amendment concept versus "no action" option, boat lift examples related to heights (feet). There were extensive conversations about the base flood elevations, boat lift heights, regulations regarding floating docks (Section 38-68), the difference between a floating dock platform and floating dock. Carl Johanson, spoke about this matter. He voiced that there are 14 single family homeowners opposed to changing the 25-foot setback along the intracoastal. The Board will discuss the below items at the April meeting. Maximum height of 7 or it is not high enough but should be a limit . Ladder on seawalls and safety ladders. 10-foot setback (concerns with regards to the canals). Setback for mooring of boats. Town Planner Allen explained to the Board Members that the zoning issue was postponed by the Town Commission and will be presented at the April meeting. Member DeMoss asked if he could propose a new district for the side streets. 10. ANNOUNCEMENTS Chairperson Goldenberg read the announcements into the record as follows. March 13, 2023 6:00 P.M. FDOT Public Meeting March 14, 2023 7:00 A.M. – 7:00 P.M Highland Beach General Election March 15, 2023 1:00 P.M. Code Enforcement Board Regular Meeting March 21, 2023 1:30 P.M. Town Commission Special Meeting April 4, 2023 1:30 P.M. Town Commission Meeting April 11, 2023 1:00 P.M. Code Enforcement Board Regular Meeting Page 7 Planning Board Regular Meeting Minutes Date: March 09, 2023 Page 5 of 5 April 13, 2023 9:30 A.M. Planning Board Regular Meeting 11. ADJOURNMENT The meeting was adjourned at 11:11 A.M. APPROVED on April 13, 2023, Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Lanelda Gaskins 04/13/2023 ____________________________________ _____________________________ Lanelda Gaskins, MMC Date Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the events of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 8 File Attachments for Item: A. Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and Seawall Regulations of the Town Code. Page 9 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board Meeting MEETING DATE April 13, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility (AMF) and seawall regulations of the Town Code SUMMARY: At the March 9, 2023 Planning Board meeting, the Board discussed several of the proposed amendment concepts which are provided in the table below. As mentioned to the Board at the March 9, 2023 meeting, the proposed amendment concepts pertaining to AMF and seawall regulations will be an ongoing item of discussion on the Board’s meeting agendas during an approximate 8-12 month timeframe. This timeframe will give the Board sufficient time to discuss, analyze and craft a consensus on the proposed amendment concepts. Subsequently, the Board will provide its recommendations on each proposed amendment concept to the Town Commission. AMENDMENT CONCEPT BOARD DISCUSSION Maximum height for AMF = BFE plus 7 feet Maybe the proposed “7 feet” is not high enough but there should be a limit. Require a ladder for every 50 feet of dock Require ladders on seawall and docks and consider adjustable ladders whereby the length of the ladder needs to be in the water at low mean tide. 10-foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 ft. 10-foot setback for Multi-Family Zoning Districts needs more discussion. Consider setback for mooring of boats. ATTACHMENTS: -Planning Board agenda memorandum, March 9, 2023 (without attachments) -Town Commission memorandum regarding introduction to proposed changes to AMF regulations, March 15, 2022 (without attachments). Page 10 - Public Input Meeting comment sheets. - Additional public comment. RECOMMENDATION: At the discretion of the Board. Page 11 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board Meeting MEETING DATE March 9, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code SUMMARY: At the February 7, 2023 Town Commission meeting, the Commission considered a discussion item pertaining to the recently held Accessory Marine -related Public Input Meetings including a summary of the public input received (see below) and next steps. Consensus from the Commission was to have the Planning Board review the proposed amendment concepts (noted below) and provide their recommendations to the Commission. Additional discussion from the Commission included: -Proposed encroachments into the water may not work in narrow canals and therefore different zones may need to be recognized. Lastly, the Commission emphasized that the process for the Board’s review not be rushed. Therefore, this item will be a continuing item of discussion on the Board’s meeting agendas during an approximate 8-12 month timeframe. Note that the proposed “amendment concepts” were first introduced to the Town Commission on March 15, 2022. The Commission memorandum from this March meeting (attached) provides an introductory review and analys is of the amendment concepts. Note that after the March 15, 2022 meeting, an additional proposed change to the Town Code pertaining to a “maximum seawall height” was added to the list of amendment concepts. The latter concept was presented at the Public Input Meetings held in December 2022. Currently, the Town Code does not have a maximum seawall height requirement; however, Section 6-128 of the Town Code requires that all seawalls west of State Road A1A be at Base Flood Elevation or higher as provided by the FEMA FIRM maps. PROPOSED AMENDMENT CONCEPTS •Maximum height for AMFs = BFE plus 7 feet. •Exempt personal watercraft (PWC) lifts from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted” OR remove requirement. Page 12 •Maximum seawall cap width = 3 feet; maximum seawall cap plus dock width = 8 feet. •Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to property line). •10-foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 feet. •Require a ladder for every 50 feet of dock. ADDITIONAL CONCEPT: •Maximum seawall height. Summary of Public Input Meetings: On December 5th, 7th, and 13th, 2022, the Town held Public Input Meetings regarding proposed changes (“amendment concepts”) to the Accessory Marine Facility and seawall regulations of the Town Code of Ordinances. An identical PowerPoint presentation was presented at each meeting which identified each amendment concept, any corresponding Town Code regulation that may apply to the concept, and a “no action” option. Staff prepared a comment sheet which was available at all three (3) meetings as well as on the Town’s website. Attached are the comment sheets received. In addition to the comment sheets, staff t ook notes of comments and concerns raised by residents in attendance at each meeting. These meeting comments are provided below by meeting date. The following meeting comment (in italics) required some additional research by staff which is provided in the table below: Look at other municipalities with direct Intracoastal Waterway (ICW), how do they handle encroachment (Comment from December 5th meeting)? Staff response: The following table provides regulations applicable to other municipalities: City Dock Encroachment Boat Lift Encroachment Boca Raton 6 ft for canals and waterways less than 100 ft in width or 8 ft for canals and waterways 100 ft or more in width (exclusive of pilings), measured from the property line, seawall or bulkhead, whichever is nearest to the waterway. 25% of width of canal or waterway or 20 ft, whichever is less. For portions of a boat lift constructed beyond 20 percent of the width of a canal, only wood pilings may be utilized and no part of a boat lift structure shall extend beyond the face of the wood pilings nearest the canal center. Pompano Beach 5 ft for canals and waterways 50 ft in width or less for canals and waterways more than 50 ft in width, 8 ft (or 10% of width of canal and waterway, whichever is less), as measured from the property line or measurement reference line. 20% of width of canal or waterway or 20 feet, whichever is less, as measured from the property line or measurement reference line. Page 13 Delray Beach 5 ft into waterway, if no existing seawall, measured from water’s edge at mean low tide; 5 ft if existing or proposed seawall without batter piles, measured from face of seawall; 7 ft if existing or proposed seawall with or without a seawall cap with batter piles, measured from the face of seawall. 20 ft into waterway from the property line or seawall or bulkhead, whichever is nearer to the waterway. ft = feet December 5, 2022 (12 residents in attendance, does not include Town Commission or Planning Board members): 1. Look into FEMA preliminary maps, boat lift height should go up not down. 2. Consider seawall height range to accommodate existing (older) structures. For example, Fort Lauderdale has a range from 4 feet to 6 feet. 3. Consider measuring encroachment into the water from existing bulkhead line given some property lines are in the water. 4.Need clear process based on Army Corps of Engineers approval. 5.Support for 10 foot dock setback. 6. Look into provisions for in kind replacement of lifts. 7. Seawall verses property line, consider the one that leaves greater canal space to traverse. 8. Identify properties that may be disadvantaged when measuring encroachment into waterway from property line verses seawall. 9. Datum increase of 1.5 feet, maybe height should be increased by 1.5 feet. 10. Consideration for homes built before change to North American Vertical Datum (NAVD). 11. Support for personal watercraft (PWC) exemption. 12. Support for 10 foot setbacks 13. Byrd Beach property owners reject 25 foot setback. 14. Ladder requirement: -should be homeowner’s choice. -one (1) ladder per waterfront property. December 7, 2022 (2 residents in attendance, does not include Town Commission or Planning Board members): 1. Facilities located within property line should be allowed. 2. Ladder requirement equals safety. December 13, 2022 (15 residents in attendance, does not include Town Commission or Planning Board members): 1. Floating docks create conflicts and should be addressed in amendment concepts. 2. Boat lift pilings to have 10-15 feet (30 feet maximum) setback, different than docks and davets. 3. No special exception approval by Planning Board if compliant with proposed concepts. 4.Provide setback for moored boats like Pompano Beach. 5.Proposed amendments to apply to structure as well as boat. Page 14 6. Allow accessory marine facilities within the property line, when property line is in the water. 7.Proposed Base Flood Elevation threshold should not apply to nonconforming structures. 8. Have no special exception requirements if proposed thresholds are met. 9. Grandfather existing accessory marine facilities to replace in kind (regardless of setback so long as structure was previously permitted and is not a safety hazard). 10. Reduce speed in Intracoastal Waterway. Speed causing wake issue. 11. Increase in seawall height should be mandated given sea level rise. 12. If accessory marine facility is located within property line and property line is in waterway, it should not need to comply with any proposed encroachment threshold. 13.Make the setback same for single-family and multi-family, not based on lot width. 14.Consider for those developments that wish to replace a continuous dock, that the proposed 10 foot setback would not prevent a continuous dock from being reinstalled. Note that on February 23, 2023, staff will present (at the request of the Bel Lido HOA president) the proposed amendment concepts at the Bel Lido HOA meeting. Any additional comment sheets received from this meeting will be provided to the Board. For reference purposes, a brief history on hearings held (and other related matters) relating to proposed accessory marine facility amendments to the Town Code are provided below: November 17, 2020 - Town Commission authorized Vice-Mayor Greg Babij to sponsor the review and propose any amendment(s) to the accessory marine structure ordinance provisions (motion carried 5-0). March 15, 2022 – Town Commission considers introduction to proposed amendmen t concepts regarding the accessory marine facility provisions of the Town Code. Commission consensus was to establish a process for review of such amendment concepts to include public participation and review by the Planning Board. April 19, 2022 – Town Commission provides direction in establishing a process for review of amendment concepts as follows: 1.Requests that the Planning Board watch the April 19, 2022 Town Commission discussion on such item (Number 10D). 2.Requests that the Planning Board physically observe the various canal/lot widths and existing accessory marine facilities including boat lifts located within the Town. 3.Create maps of the various waterway widths (including canal and lakes). 4.Once Board site observations are complete, staff is to send out notices to all waterfront property owners (west of State Road A1A) prior to the Planning Board meeting where the Board will discuss proposed amendment concepts as provided to the Town Commission on March 15, 2022. May 12, 2022 – Planning Board considers the April 19, 2022 direction provided by the Town Commission regarding Board review process for proposed amendments to the Accessory Marine Facility regulations of the Town Code. May 23-27, 2022 – Individual Board site observations, as noted above, are conducted via the Police Department’s Marine Patrol Unit (for those Board members who do not have Page 15 access to a boat). Note five (5) of the seven (7) Board members conducted their observations on the Marine Patrol Unit vessel. June 21, 2022 – Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission was to hold neighborhood meetings at the Town library in an effort to engage input from residents on the proposed changes, and that such meetings commence in October or November upon return of seasonal residents August 16, 2022 - Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission is to hold three (3) evening meetings in early November 2022. ATTACHMENTS: -March 15, 2022 Town Commission memorandum regarding introduction to proposed changes to Accessory Marine Facility regulations. -Comment sheets received regarding proposed amendment concepts. -Sign-in sheets from Public Input Meetings. RECOMMENDATION: At the discretion of the Board. Page 16 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Town Commission Meeting MEETING DATE March 15, 2022 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Introduction to a proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities. SUMMARY: Former Vice-Mayor, Greg Babij, is sponsoring an amendment to the Accessory Marine Facilities regulations found in Section 30-68(g) and (h) of the Town Code. This proposed amendment is further detailed in Mr. Babij’s attached draft report (Attachment No. 1). Staff has prepared the following table which compares each proposed change with any current Town Code regulation that may apply: Proposed amendment Current Town Code regulation 1.Maximum height for accessory marine facilities at Base Flood Elevation (BFE) plus 7 feet. Town Code is silent on maximum height for accessory marine facilities; however, the definition of “boat lift” requires that in no case shall the lift be higher than the superstructure of the boat when lifted (Sec. 30-131). 2.Exempt personal watercraft (PWC) lifts (as defined in Sec. 30- 131) from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted” or remove requirement from Town Code. Note that given the low profile of such PWCs, compliance is problematic unless a variance is sought by Applicant. Boat Lift is defined as “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.” (Sec. 30-131). Personal Watercraft lift (PWL) includes a mechanical/electrical device for lifting jet skis, canoes, kayaks or other small watercraft out of the water. (Sec. 30-131). Page 17 Proposed amendment Current Town Code regulation 3.Maximum seawall cap width of 3 feet and maximum 8 foot width for seawall cap plus dock, as measured from the property line. In waterways not regulated by the U.S. Army Corps of Engineers, docks and mooring structures shall not extend into any waterway more than five (5) feet. In waterways regulated by the U.S. Army Corps of Engineers, docks and mooring structures may extend to that distance allowed by said agency (Sec. 30- 68(g)a. and b.). Note that USACE regulates Intracoastal Waterway, canals and lakes in Town. 4.Encroachment into water is 25 ft or 25% of waterway width (measured from the shortest distance adjacent to property line) whichever is less. See No. 3 above. 5.10 foot side setback for all zoning districts. For lots less than 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 ft. Single-family zoning districts: 25 foot side setback. For lots with a width of 50 feet or more but less than 70 feet, 15 foot side setback. For lots with less than fifty feet abutting the water, the planning board may grant a special exception for the installation of a seawall mounted davit type lifting device (but not a dock structure) after being satisfied as to the protection of neighboring property and no infringement of standard navigation practices. Multi-family Zoning districts are exempt from side setback (Sec. 30-68(g)(6)d.) 6.Require a ladder for every 50 feet of dock. Town Code is silent on ladders. Note that at the September 10, 2020 Planning Board meeting, staff provided, at the request of the Planning Board Chair, a discussion item that included other municipal piling height limits. Given the proposed amendment to the Town Code includes a maximum height for accessory marine facilities, the Commission may find the discussion memorandum helpful in the review and consideration of this introduction item (Attachment No. 2). Staff has also prepared a table that lists recent Town boat lift requests and their corresponding piling height and extension into the waterway (Attachment No. 3). The table also compares the applicable extension requirements for both the Cities of Pompano Beach and Boca Raton. The proposed amendment was reviewed by Applied Technology & Management, Inc. (ATM), a coastal and marine engineering consultant who has a Professional Services Agreement with the Town. A report was provided by Dr. Michael G. Jenkins, ATM’s Coastal Engineering Principal (Attachment No. 4). Dr. Jenkins indicates under item No. 1 of his report, that the Town’s requirement that all accessory marine facilities receive Planning Board approval (Sec. 30-68(g)) is not a common requirement and that Board approval is typically reserved for sites with special and unique circumstances. Note that Section 30-46 of the Town Code currently requires public notice for Planning Board hearings. Although not included in Mr. Babij’s Page 18 proposed amendment, the Town Commission should be mindful that if Commission consideration is given to reserving Planning Board approval only for those sites with special and unique circumstances, public notice provisions and public comment would only then apply to such special and unique sites. Those accessory marine facility requests that are not special and unique sites would be administratively approved by staff so long as they are consistent with Town Code regulations. For reference purposes, attached are the current regulations applicable to accessory marine facilities found in Section 30-68 (g) and (h) of the Town Code (Attachment No. 5). FISCAL IMPACT: N/A ATTACHMENTS: Attachment No. 1 – Draft report from Greg Babij Attachment No. 2 - Planning Board discussion memorandum – September 10, 2020 Attachment No. 3 - Recent Town boat lift requests table Attachment No. 4 - ATM report Attachment No. 5 - Section 30-68 (g) and (h) Town Code of Ordinances Ordinance Process flowchart RECOMMENDATION: At the discretion of the Commission. Page 19 2022 PUBLIC INPUT MEETING COMMENT SHEETS Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 From:GILDA CORRALES To:Ingrid Allen Subject:Comment Sheet from Bel lido dinner. Thank you for your time! Date:Thursday, February 23, 2023 9:58:20 PM Page 35 Sent from my iPhone Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 File Attachments for Item: A. Development Application No. 22-0018 / Non Sibi LLC Application By Darrin Dunlea, Seadar Builders, for an amendment to a previously approved special exception request (No. 21-002) to install a 232 square foot wood dock, two (2) mooring piles, a 12,000 pound capacity jet ski platform list and a 30,000 pounds capacity no profile boat life for the property located at 4206 Intracoastal Drive. Page 61 PLANNING BOARD STAFF REPORT MEETING OF: APRIL 13, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY DARRIN DUNLEA, SEADAR BUILDERS, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL EXCEPTION REQUEST (DO#21-0002) TO INSTALL A 232 SQUARE FOOT WOOD DOCK, TWO (2) MOORING PILES, A 12,000 POUND CAPACITY JET SKI PLATFORM LIFT, AND A 30,000 POUND CAPACITY NO PROFILE BOAT LIFT FOR THE PROPERTY LOCATED AT 4206 INTRACOASTAL DRIVE (DO# 22-0018) Applicant (Property Owner): Non Sibi LLC 465 NE 4th Street Boca Raton, FL 33432 Applicant’s Agent: Darrin Dunlea Seadar Builders 3850 NW 2nd Avenue, Suite 23 Boca Raton, FL 33431 Property Characteristics: Site Location: 4206 Intracoastal Drive Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Parcel PCN#: 24-43-47-04-02-004-0250 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 62 Property Background: On September 19, 2019, the Town Commission approved a Declaration of Unity of Title for the properties located at 4202 and 4206 Intracoastal Drive (Resolution No. 19-023). On June 11, 2020, the Planning Board approved a three-story, 10,857 square foot single family residence with pool and spa at the property (Development Order No. 20-0001). On June 10, 2021, the Planning Board approved a special exception request to install a 704 square foot dock (including a 140 square foot wood dock and a 564 square foot concrete dock), a 305 linear foot seawall with cap, a 309.5 linear foot concrete notch, a 3,000 pound capacity boat (jet ski) lift, and a 33,000 pound capacity boat lift at the property (Development Order No. 21-0002) Request and Analysis: The Applicant is proposing to install a 232 square foot wood dock, two (2) mooring piles, a 12,000 pound capacity (204 square foot) jet ski platform lift, and a 30,000 pound capacity (731 square foot) no profile boat lift for the property located at 4206 Intracoastal Drive. As indicated above, the Applicant received a special exception approval from the Planning Board on June 10, 2021; however, the Applicant did not install all of the structures that were part of such approval. The following table lists the June 10, 2021 approved structures and whether they were installed at the property: June 10, 2021 Planning Board approval (DO 21-0002) Approved Installed 140 sq. ft. wood dock No 564 sq. ft. concrete dock Yes 305 linear foot seawall with cap Yes 309.5 linear foot concrete notch Yes 3,000 pound capacity boat (jet ski) lift No 33,000 pound capacity boat lift No The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE) approval for the above-referenced proposed items as follows: FDEP (FILE NO.) ACOE (FILE NO.) 50-0221786-006-EI SAJ-1995-02049(GP-JKA) Pursuant to Section 30-68(g)(6)(d)1. of the Town Code, the Applicant’s request is in compliance with the required 25-foot side yard setback for accessory marine facilities located in a single - family zoning district . Given the platform/no profile design of the lifts, the Applicant has superimposed a jet ski and boat on plan sheets 6 and 7 respectively, this is solely for illustrative purposes to demonstrate compliance with the following definition of boat lift as provided in Section 30-131 of the Town Code (Note that the Applicant has indicated that the property owner does not currently own such jet skis or boat): 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. Page 63 According to Section 30-68(h) of the Town Code, installation of mooring facilities including docks, freestanding pilings and boat lifts shall comply with the below standards. In addition, staff may request evidence, prepared by a recognized marine expert, demonstrating that the proposed mooring facilities are in compliance with these standards. - The mooring facilities will not create a hazardous interference with navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual access to public waterway. - Installation of such mooring facilities shall not infringe upon standard navigational practices that are or may be used by abutting property owners. The proposed special exception request was reviewed by Applied Technology & Management, Inc. (ATM), a coastal and marine engineering consultant who has a Professional Services Agreement with the Town of Highland Beach. Dr. Michael G. Jenkins, ATM’s Coastal Engineering Principal, provided a technical review of the special exception request (see attached report). Dr. Jenkins states that the proposed request “…does not pose an unreasonable obstruction to the canal use or a particular concern or restriction to normal use and navigability.” In addition, Dr. Jenkins indicates that the proposed accessory marine facilities “…do not represent a particular concern to canal navigability or view.” The proposed jet ski platform lift will hold two (2) jet skis oriented perpendicular to the property line. Section 30-68(g)(7)c. of the Town Code states that the perpendicular docking of boats shall not interfere with navigation of other boats within the affected canal, and will not be a hazard to navigation. In addition, Section 30-68(g)(7)c.5. of the Town Code allows for the request of evidence prepared by a recognized marine expert demonstrating the following: i. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the ability of abutting or adjacent property owners to construct accessory marine facilities; ii. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the normal ability of abutting or adjacent property owners to moor, maneuver, use or otherwise move a boat; and iii. Proposed perpendicular docking and related accessory marine facilities will not deny reasonable visual access of abutting property owners to public waterways. Dr. Jenkins provided in his technical review of the special exception request, the following summarized findings specific to the proposed jet ski platform (see attached report): - The perpendicular orientation does not pose a particular concern to navigation or view and aligns the structure with the adjacent proposed boat lift. - The jet ski platform does not interfere with navigation of other vessels in the canal. - The platform structure does not limit the ability of adjacent properties to construct accessory marine structures, moor or maneuver a vessel or deny reasonable visual access. Page 64 Section 30-68(h)(1)a. of the Town Code, states that the installation of a dock, freestanding pilings, and boat lifts 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 the Planning Board may approve, approve with conditions, or deny a request for special exception relating to seawalls, bulkheads, retaining walls and accessory marine facilities. 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. If the Planning Board should grant approval of the special exception request, staff recommends the following conditions of approval which are based on the Applicant’s plan set, date stamped received by the Building Department on March 2, 2023: 1. The no profile boat lift and jet ski platform lift shall only be utilized to store vessels and not for any other purpose including, but not limited to, walking, gathering, and sitting. 2. No mooring of any boat or vessel is permitted along any side of either the no profile boat lift or the jet ski platform lift. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials ATM report ACOE approval FDEP approval Previously approved special exception plan set (DO #21-0002) Applicant proposed plans (11x17) Applicant photos of proposed lifts (for illustrative purposes) Page 65 2 TOWN OF HIGHLAND BEACH Application # PROPERTY INFORMATION ASSOCIATED WITH THIS APPLICATION Address: PCN: Full Legal Description of the Property [as described in the deed] or reference to an attachment: Zoning District: What is the location of the installation? □ Intracoastal Waterway (ICW) □ Interior Canal/Basin □ N/A PROPERTY OWNER (APPLICANT) INFORMATION Name: Phone: Fax: Mailing Address: Email Address: APPLICANT'S AGENT INFORMATION Name: Phone: Fax: Company Name: Mailing Address: Email Address: Provide a detailed description of the proposed project (use additional pages if necessary): 4206 Intracoastal Drive, Highland Beach, FL 33487 24-43-47-04-02-004-0250 BEL LIDO LTS 25 & 26 BLK 4 RS NON SIBI LLC 4206 Intracoastal Drive, Highland Beach, FL 33487 Darrin Dunlea Seadar Builders 3850 NW 2nd Ave Suite 23, Boca Raton FL 33431 darrin@seadarbuilders.com 561-756-2568 andy&euroconstruction.com 561-719-9516 Revision to original Development Order DO21-0002. 1. Construct a 5' wide by 45.5' long marginal dock, 2.Install a 204sf jet ski lift, 3. Install a 935sf no profile boat lift, 4. install 2 12' wooden mooring piles. Page 66 3 I give permission to the members of the Town Commission, Planning Board and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information. Willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the application requirements. With this application, I am submitting the necessary supporting materials listed. Applicant’s Signature: Date: Received by the Town Clerk’s Office: Received By: Date: Date Public Notices Mailed: Date Legal Advertisement Published: 11/9/22 Page 67 4206 Intracoastal Drive Palm Beach CountyNone March 30, 2023 0 0.015 0.030.0075 mi 0 0.025 0.050.0125 km 1:1,128 Created by: Palm Beach Countyµ SUBJECT SITE Page 68 01/05/2023SUBJECT SITEPage 69 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 2/16/23 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 Re: Technical Review of Proposed Boat Lift – 4206 Intracoastal Drive Town of Highland Beach Ms. Allen, This correspondence is provided as a formal response to your request for a technical review of the proposed new boat lift and dock facilities at 4206 Intracoastal Drive, Highland Beach. Basis of Review The following documents were utilized as a basis for this review: 1. USACE Permit SAJ 1995-02049, dated November 9, 2022 2. FDEP Permit 50-0221786-006-EI, dated October 20, 2022. 3. Plan set drawings by the Chappell Group, Inc. included as attachment to the USACE permit. 4. Town Code Section 30-68 This review was limited to the information as provided above and was primarily focused on the proposed structure relative to provisions of Town Code and standard practice. No additional investigations or studies were conducted. It is noted that both state and federal permits for the proposed construction have been received. Page 70 Page 2 of 6 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Review relative to Town Code There are several provisions of relevance within the Town Code regarding the installation of the proposed facilities. These are summarized in the following: Sec. 30-68 Supplemental district regulations (g) accessory marine facilities. The proposed new construction is appropriately addressed as ‘accessory marine facilities’ as defined in the Code. Sec. 30-68 Supplemental district regulations (g)(1)c. Accessory marine facilities shall not be a hazard to navigation. The Code does not reference a specific performance standard (see discussion below). In general, the proposed structures do not impede fairway access beyond established standards within this canal (see further discussion below). Sec. 30-68 Supplemental district regulations (g)(3). Lifting devices are allowed under the requirements for a special exception. The planning board must also find that the lifting device will provide adequate protection of neighboring property and that there is no infringement of standard navigation practices. Sec. 30-68 Supplemental district regulations (g)(6)d. Marine facilities shall comply with side yard setbacks. The proposed construction includes a 25-foot setback from the property line which is consistent with requirements for single family residences. Sec. 30-68 Supplemental district regulations (g)(7). Installation of the perpendicular jet ski dock is subject to a special exception approval by the planning board. Additional discussion regarding this project element is provided below. Sec. 30-68 Supplemental district regulations (h)(1)a. Installation is subject to special exception approval by the planning board. The approved project drawings include a boat lift and jet ski lift. Sec. 30-68 Supplemental district regulations (h)(1)b. The facility is located in a canal or waterway at least eighty (80) feet in width. As measured from seawall to seawall the location is in conformance with this provision. Page 71 Page 3 of 6 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Sec. 30-68 Supplemental district regulations (h)(4). Adjacent Property. The installation shall not cause a hazardous interference with navigation, endanger life or property or deny the adjacent property owners or public of reasonable visual access to the public waterway. Additional discussion regarding navigation provided below. Code specifically references ‘visual access’ but does not provide a specific objective standard for this provision. Sec. 30-68 Supplemental district regulations (h)(4). Navigation. Installation of the mooring facilities shall not infringe upon standard navigation practices. Additional discussion of navigation is provided below. Existing and Proposed Conditions The subject property is an existing corner lot with frontage on the Intracoastal Waterway (ICWW) and an interior canal. An existing concrete dock is present along the ICWW frontage to the corner. This structure includes a 25-foot setback from the adjacent property to the south. A seawall is present along the entire shoreline. New construction is proposed along the interior canal. Three new project elements are proposed: 1. New wood dock with composite decking (+/- 232 sq. ft.) with two mooring piles 2. Jet ski platform lift perpendicular to the seawall (+/- 204 sq/ ft/) 3. No profile boat lift (+/- 731 sq. ft.) A discussion of each element is provided in the following. Navigation Discussion The project area canal is on the order of +/-95 feet wide (seawall to seawall). An approximate 5-foot-wide dock is present on the opposite side of the canal. The proposed work extends a maximum distance of approbatively 22.5 feet into the waterway (distance from the seawall wet surface to the location of the two mooring piles) leaving approximately a 67.5-foot-wide fairway (excluding any vessel moored on the opposite side). The canal is generally straight within this area with sufficient unobstructed view for canal ingress and egress. The proposed project does Page 72 Page 4 of 6 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 not pose an unreasonable obstruction to the canal use or a particular concern or restriction to normal use and navigability. View Considerations The proposed construction will be visible from properties on the opposite side of the waterway and from the adjacent property to the east. The adoption of a 25-foot setback from the eastern property line minimizes the impact of the construction on visual impact to the adjacent eastern property and visual access to the waterway including the intracoastal is largely retained. The view from properties on the opposite side of the canal will not be significantly impacted and will be similar to the view from this property towards the properties on the opposite side of the canal. While assessments of visual impact are largely subjective, no particular concern relative to visual access is evident relative to the proposed construction. New Wood Dock and Mooring Piles An approximate 232 sq. foot new dock is proposed on the western side of the construction within the canal. This dock includes two 12 in. mooring piles approximately 22.5 feet from the seawall wetted surface. In review of the design, two issues are noted: 1. Total width of the dock. The existing seawall includes a 2.5-foot-wide cap that extends out approximately 1.5 feet from the seawall wetted surface. The proposed dock is a nominal width of 5 feet from the cap which equates to a total width into the canal of 6.5 feet from the seawall wetted surface. Sec. 30-68 Supplemental district regulations (g)(6) b. states that in waterways regulated by the USACE, docks and mooring structures may extend to that distance allowed by said agency. The structure is deemed within a waterway regulated by the USACE therefore the existing USACE permit allows for the current dimensions per Sec. 30-68 Supplemental district regulations (g)(6)b. 2. Height of mooring piles. The project drawings indicate two mooring piles associated with the dock at a total height of +12 NAVD which is roughly 5 feet above the dock elevation (at +7.5 feet NAVD). This height is consistent with standard practice for mooring pile elevation relative to a fixed dock. Page 73 Page 5 of 6 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Jet Ski Platform An approximate 204 sq. ft. jet ski lift oriented perpendicular to the seawall is proposed extending approximately 18.6 feet from the seawall wetted surface. Sec. 30-68 (g)(7) treats perpendicular docking as a special exception as is the lifting structure itself. In this case the perpendicular orientation allows for access for the jet skis adjacent to the proposed boat lift which extends into the waterway the same distance as the ski lift. This orientation does not pose a particular concern to navigation or view and aligns the structure with the adjacent proposed boat lift. This specific proposal does not interfere with navigation of other vessels in the canal (which is consistent with Sec. 30-68(g)(7) c. 2.). As the lift is approximately 68 feet from the nearest adjacent property boundary and does not extend beyond the adjacent mooring piles on one side and boat lift on the other, the structure does not limit the ability of adjacent properties to construct accessory marine structures, moor or maneuver a vessel or deny reasonable visual access (which is consistent with Section 30-68(g)(7) c. 5.i-iii). Project drawings acknowledge Town provisions regarding lift height relative to the boat keel, though it is noted that this provision was not specifically crafted to address jet skis. As no profile (platform) lifts are proposed for both the jet ski and boat lifts, they are complaint with (Sec. 30-131) regarding lift height less than vessel superstructure when lifted. No Profile Boat Lift An approximate 731 sq. ft. ‘no profile’ boat lift is proposed to the east of the jet ski lift. This structure extends approximately 18.6 feet from the seawall wetted surface which is the same distance that the jet ski dock extends into the canal. Both lifts extend out slightly less than the two mooring poles to the west associated with the proposed dock. The ‘no profile’ design includes generally low piles below the lift deck and a deck when lifted that rises to an elevation close to the height of the adjacent seawall. The lift includes a platform that serves as an access dock when lifted. While the lift is treated as a special exception, no particular issue was identified in this review of the proposed structure. Page 74 Page 6 of 6 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Recommendations The proposed accessory marine facilities are consistent with accepted general practice for such facilities and do not represent a particular concern to canal navigability or view. Minor issues relative to Sec. 30-68 Supplemental district regulations have been identified within this review and it is acknowledged that special exceptions are required for all boat lifts and in this case the perpendicular orientation of the jet ski lift. Should you have any questions regarding this project, please feel free to contact me at your convenience. Sincerely, Applied Technology & Management Michael G. Jenkins, Ph.D., P.E. Coastal Engineering Principal 561-659-0041 MJenkins@appliedtm.com Cc: John Duchock (Jupiter Island) Greg Garis (FDEP) USACE Regulatory Division Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Page 75 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Environmental Consultants ׀ Marina & Wetland Permitting ׀ Mitigation Design & Monitoring ׀ T & E Species Surveys ׀ Tree Surveys/Appraisals USACOE Page 76 Regulatory Division South Branch Palm Beach Gardens Permits Section SAJ-1995-02049(GP-JKA) Randi Stanley NON SIBI LLC 4206 Intracoastal Drive Highland Beach, Florida 33487 Sent via email: Dave.stanley5@gmail.com Dear Mr. Stanley: 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 August 17, 2022. Your application was assigned file number SAJ-1995-02049. A review of the information and drawings provided indicates that the proposed work would result in the improvement to water access water access existing single-family residence. Proposed activities include: (1) Construct a 5-foot wide by 45.5-foot long marginal dock; (2) install a 204 square foot platform jet ski lift; (3) install a 935 no profile boat lift adjacent to the existing seawall on the north side of the property; and (4) install two 12-inch wooden mooring piles. 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 a residential canal immediately adjacent to the Intracoastal Waterway, Waters of the United States, adjacent to 4206 Intracoastal Drive, Section 24, Township 43 South, Range 47 East, Highland Beach, Palm Beach County, Florida. This letter replaces all previous SAJ-20 verifications and 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 webpage to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there select “Source Book”; and, then select “General Permits.” Then you will need to select the specific SAJ permit noted above. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 November 9, 2022 Page 77 You must comply with ALL the RGP general and special, attached and/or incorporated by reference, and the Project Specific Special Conditions and General Conditions, listed below, or you may be subject to enforcement action. General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on March 27, 2023. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Project Specific Special Conditions: The following project specific special conditions are included with this verification: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: Page 78 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-1995-02049 (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. Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attachment 3) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 4). The most recent version of the Manatee Conditions must be utilized. 6. Jacksonville District Programmatic Biological Opinion (JAXBO): 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 Page 79 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 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. 7. 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 permitted activities, items that may have historic or archaeological origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours). Examples of submerged historical, archaeological or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps. 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 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 Page 80 revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non- federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100- meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. 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 SHPO and from the Corps. 8. 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. 9. Work Vessel Anchoring: Attachment 1, Drawing 3 of 7 identifies the location of submerged aquatic vegetation documented at the project site. This permit does not authorize construction work vessels anchoring or spudding down in areas where submerged aquatic vegetation is present. 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 Page 81 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. 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 GP verification or have issues accessing the documents reference in this letter, please contact Jerilyn Ashworth at the letterhead address above, via telephone at 561-472-3536, or via e-mail at Jerilyn.Ashworth@usace.army.mil. Sincerely, Jerilyn Ashworth Project Manager Enclosures Cc: Jena Robbins, jena@thchappellgroup.com Page 82 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST DA PERMIT NUMBER: SAJ-1995-02049(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, 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 83 Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:COVER1 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYLOCATION MAP (N.T.S.)VICINITY AERIAL (N.T.S.)DRAWING INDEXSHEET 1: COVERSHEET 2: EXISTINGCONDITIONSSHEET 3: PROPOSEDCONDITIONSSHEET 4: SECTION ASHEET 5: SECTION BSHEET 6: SECTION CSHEET 7: DETAILSPROJECT LOCATION4206 INTRACOASTAL DRIVEPLAN SETPROJECT LOCATIONTOWN OF HIGHLAND BEACHU.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 1 of 7 11/09/2022Page 84 62.5' OFFSETFROM EAST EDGEOF ICWWAACCBB2.5'146.1'10 0 . 3 '9.1'3.5'5.0'25. 0 '75.7'13.2'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:EXISTING CONDITIONS2 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04 ' NAVDLEGENDSUBJECT SITE (0.55 AC)EXISTING CONCRETE SEAWALL W/ 3.0'CAP (±304.8 LN. FT.; ±457.5 SQ. FT.OVERWATER)*EXISTING CONCRETE DOCK (±564 SQ. FT.)EXISTING ±1.0' CONCRETE NOTCH ABOVECAP/DOCK (±309.5 LN. FT.)EXISTING PADDLE GRASS (Halophiladecipiens; ±1% COVERAGE; ±304 SQ. FT.)NOTES:1. SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.2. EXISTING SEAWALL & DOCK WASPREVIOUSLY AUTHORIZED UNDER USACOEPERMIT No. SAJ-1995-02049 AND FDEP ERPNo. 50-0221786-003-004, 005.U.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 2 of 7 11/09/2022Page 85 62.5' OFFSETFROM EAST EDGEOF ICWWAACCPROPOSED NO PROFILEBOAT LIFT (43'x17') FORBOAT STORAGEBB146.1'10 0 . 3 '9.1'2.5'3.5'5.0'25. 0 '75.7'13.2'45.9'25.0'55.0'17.0'100.9'5.0' 6.5' 10.0'PROPOSED TURBIDITY BARRIER234118.6'PROPOSED JET SKI PLATFORMLIFT (17'x12') FOR STORAGE22.5'PROPOSED WOOD 12-INCHMOORING PILES (2)Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:PROPOSED CONDITIONS3 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04' NAVDLEGENDNOTES:1. SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.2. EXISTING SEAWALL & DOCK WASPREVIOUSLY AUTHORIZED UNDER USACOEPERMIT No. SAJ-1995-02049 AND FDEP ERPNo. 50-0221786-003-004, 005.3. TOTAL OVERWATER SQUARE FOOTAGE IS1,935 SQ. FT.SUBJECT SITE (0.55 AC)EXISTING CONCRETE SEAWALL W/ 3.0'CAP (±304.8 LN. FT.; ±457.5 SQ. FT.OVERWATER)*EXISTING CONCRETE DOCK (±564 SQ. FT.)EXISTING ±1.0' CONCRETE NOTCH ABOVECAP/DOCK (±309.5 LN. FT.)PROPOSED WOOD DOCK WITHCOMPOSITE DECKING (±232 SQ. FT.)EXISTING PADDLE GRASS (Halophiladecipiens; ±1% COVERAGE; ±304 SQ. FT.)PROPOSED JET SKI PLATFORM LIFT(±204 SQ. FT.)PROPOSED NO PROFILE BOAT LIFT(±935SQ. FT.)1PROPOSED SLIP TABLESLIP # LENGTH WIDTH140'12'211.7'4.2'311.7'4.2'440'12'PROPOSED SLIPS (4)U.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 3 of 7 11/09/2022Page 86 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±9.1'DISTANCE FROM EXISTING WETFACE TO EDGE OFEXISTING DOCK±1.5'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING UPLAND PROPERTYVARIESINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESEXISTING ±3.5' CONCRETE DOCK±6.5' NAVDTWENTY-TWO (22)EXISTING CONCRETE12-INCH PILINGS±5.0'EXISTING CONCRETE NOTCH 7.5' NAVDDISTANCE FROM EDGE OF EXISTING DOCK TO EAST EDGE OF ICWW±75.7'±1.0'-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±9.1'DISTANCE FROM EXISTING WETFACE TO EDGE OFEXISTING DOCK±1.5'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING UPLAND PROPERTYVARIESINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESEXISTING ±3.5' CONCRETE DOCK±6.5' NAVDTWENTY-TWO (22)EXISTING CONCRETE12-INCH PILINGS±5.0'EXISTING CONCRETE NOTCH 7.5' NAVDDISTANCE FROM EDGE OF EXISTING DOCK TO EAST EDGE OF ICWW±75.7'±1.0'EXISTING PADDLE GRASS(Halophila decipiens) TO REMAINEXISTING PADDLE GRASS(Halophila decipiens) TO REMAINDISTANCE FROM EDGE OF EXISTING DOCK TOEXISTING SEAGRASS±13.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:SECTIONS4 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYU.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 4 of 7 11/09/2022Page 87 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±10.0'DISTANCE FROM EXISTING WETFACE TO EDGE OFPROPOSED DOCK±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTYVARIESCANAL±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESPROPOSED ±5.0' WOOD DOCK WITHCOMPOSITE DECKING±4.0' NAVDPROPOSED WOOD12-INCH DOCK PILINGS(6)±6.5'EXISTING CONCRETE NOTCH 7.5' NAVD±1.0'-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±10.0'DISTANCE FROM EXISTING WETFACE TO EDGE OFPROPOSED DOCK±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTYVARIESCANAL±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILES±6.5'EXISTING CONCRETE NOTCH 7.5' NAVD±1.0'TURBIDITY BARRIER(TYP.)Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:SECTIONS5 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYU.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 5 of 7 11/09/2022Page 88 ±4.5'DISTANCE FROMPL TO EDGE OFEXISTING CAP-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDDISTANCE FROM EXISTING WETFACE TO EDGE OF PROPOSED JET SKI & BOAT LIFT±1.5'EXISTING UPLAND PROPERTYVARIESCANAL±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESPLEXISTING UPLAND PROPERTYVARIES±18.6'EXISTING CONCRETE NOTCH 7.5' NAVDCANALPROPOSED CONCRETE 12-INCH LIFTPILES (14 TOTAL; 10 PILES FOR BOATLIFT AND 4 PILES FOR JET SKI LIFT)±21.5'DISTANCE FROM PROPERTY LINE TO EDGE OF PROPOSED JET SKI & BOAT LIFTPROPOSED ±17.0' PLATFORM JET SKI& BOAT LIFT FOR STORAGE-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±1.5'±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILES±1.5'EXISTING CONCRETE NOTCH 7.5' NAVDDISTANCE FROMEXISTING WETFACETO EDGE OFEXISTING CAPEXISTING PADDLE GRASS(Halophila decipiens) TO REMAINEXISTING PADDLE GRASS(Halophila decipiens) TO REMAIN±17.5'DISTANCE FROM EDGE OF EXISTING CAP TO EXISTING SEAGRASS±0.5'TURBIDITY BARRIER(TYP.)DISTANCE FROM EDGEOF PROPOSED JET SKI &BOAT LIFT TO EXISTINGSEAGRASS±0.4'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:SECTIONS6 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYU.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 6 of 7 11/09/2022Page 89 CONSTRUCTION BARGE(TYP.)30.0'90.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:DETAILS7 719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYU.S. Army Corps of Engineers ATTACHMENT 1 SAJ-1995-02049 (GP-JKA) Sheet 7 of 7 11/09/2022Page 90 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-1995-02049(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-1995-02049 Page 91 Dated 9/18/2019 SELF-CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15MB) 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-1995-02049(GP-JKA) 2.Permittee Information: Name: ____________________________________________ Email: ____________________________________________ Address: __________________________________________ __________________________________________ Phone: ___________________________________________ 3.Date Authorized Work Started: _________________ Completed: _______________ 4.Contact to Schedule Inspection: Name: ____________________________________ Email: ____________________________________ Phone: ___________________________________ 5.Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands, docks, dredging, etc.): ________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 6.Acreage or Square Feet of Impacts to Waters of the United States: _________________ 7.Describe Mitigation completed (if applicable): __________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 8.Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ____________________________________________________________________________ ____________________________________________________________________________ ******************** I certify that all work and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date ATTACHMENT 3: SAJ-1995-02049 Page 92 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a.All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b.All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c.Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d.All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e.Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f.Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. ATTACHMENT 4: SAJ-1995-02049 Page 93 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 94 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Environmental Consultants ׀ Marina & Wetland Permitting ׀ Mitigation Design & Monitoring ׀ T & E Species Surveys ׀ Tree Surveys/Appraisals FDEP Page 95 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 Shawn Hamilton Secretary Project Name: 4206 Intracoastal Drive Permittee/Authorized Entity: Non Sibi LLC c/o Randi Stanley 4206 Intracoastal Drive Highland Beach, FL 33487 Authorized Agent: The Chappell Group c/o Tyler Chappell Email: tyler@thechappellgroup.com Environmental Resource Permit - Granted State-owned Submerged Lands Authorization – Not Applicable U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required Permit No.: 50-0221786-006-EI Permit Issuance Date: October 20, 2022 Permit Construction Phase Expiration Date: October 20, 2027 Page 96 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 2 of 11 Consolidated Environmental Resource Permit Permit No.: 50-0221786-006-EI PROJECT LOCATION The activities authorized by this Permit and state-owned submerged lands authorization are located within the Intracoastal Waterway, Class III Waters, adjacent to 4206 Intracoastal Drive, Highland Beach (Section 24, Township 43 South, Range 47 East), in Palm Beach County (Latitude N 26°24'4.5101", Longitude W -80°4'6.8679”). PROJECT DESCRIPTION This permit authorizes the following activities: 1) installation of a 935 sq. ft. no-profile boatlift; 2) installation of a 204 sq. ft. jet-ski platform lift; and 3) construction of a 232 sq. ft. dock addition onto an existing 564 sq. ft. concrete dock. The new structures shall provide four (4) wetslips. This permit authorizes approximately 1,371 ft² of work in other surface waters. Submerged resources are not located within the project boundaries; therefore, there will be no adverse impacts to these resources. Mitigation is not required. The attached standard manatee conditions (version 2011) shall be adhered to during all in-water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one- foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activities are not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C. Federal Authorization 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. Page 97 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 3 of 11 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. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT CONDITIONS The activities described must be conducted in accordance with: • The Specific Conditions • The General Conditions • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described. SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS (1) The attached project drawings (sheets 1 through 7); the Standard Manatee Conditions for In-Water Work, 2011, which can be downloaded at can be downloaded at http://myfwc.com/media/415448/Manatee_StdCondIn_waterWork.pdf; and DEP forms 62- 330.310(3), 62-330.310(1); 62-330.310(2); 62-330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. Page 98 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 4 of 11 If the permittee does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION (2) After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre-construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department’s Compliance Assistance Program, by email SED_Compliance@FloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre-construction conference. (3) Prior to the initiation of any work authorized by this permit, floating turbidity curtains with weighted skirts that extend to within one foot of the bottom shall be placed around the project site, and shall be maintained and remain in place for the duration of the project construction to ensure that turbid discharges do not occur outside the boundaries of the floating turbidity screens. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent turbid discharges. SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES (4) All watercraft associated with the construction of the permitted activities shall only operate within waters of sufficient depth (one-foot clearance from the deepest draft of the vessel (barge) to the submerged bottom) so as to preclude bottom scouring or prop dredging. (5) There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), along the shoreline adjacent to waters of the state. All excess lumber, scrap wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the uplands. SPECIFIC CONDITIONS – MONITORING/REPORTING REQUIREMENTS (6) Turbidity levels outside the construction area shall not exceed 29 NTU’s above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed 29 NTUs above background: a. Notify the Department at (561) 681-6600 at the time the violation is first detected. b. Immediately cease all work contributing to the water quality violation. c. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functional turbidity containment devices. d. As required, perform turbidity monitoring per Specific Conditions. e. Resume construction activities once turbidity levels outside turbidity curtains fall below 29 NTUs. Page 99 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 5 of 11 (7) Water turbidity levels shall be monitored if a turbidity plume is observed outside the limits of the required turbidity control devices. Samples shall be taken every four hours until turbidity subsides at one foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located as follows: a. Approximately 100 feet up-current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.) b. Directly outside the turbidity curtains surrounding the work sites and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample.) (8) During in-water construction activities, the permittee or permittee's contractor shall collect the following turbidity monitoring data at the frequency and water depths directed by the Specific Condition above: a. Date and time of sampling event b. Turbidity sampling results (background NTUs, compliance NTUs, and the difference between them) c. Description of data collection methods d. An aerial map indicating the sampling locations e. Depth of sample(s) f. Weather conditions at times of sampling g. Tidal stage and direction of flow Data shall be collected in a turbidity log and shall include a statement by the individual responsible for implementation of the sampling program attesting to the authenticity, precision, limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis to the Department’s Environmental Resources Compliance Assurance Program Staff by email at SEDERP @dep.state.fl.us. The subject line of the email shall include the project name, permit number, and the title “Turbidity Monitoring Reports.” SPECIFIC CONDITIONS – MANATEE CONDITIONS (9) The permittee shall comply with the standard manatee protection construction conditions listed in the attached “2011 Standard Manatee Conditions for In-Water Work”. SPECIFIC CONDITIONS – LISTED SPECIES (10) This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com. Page 100 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 6 of 11 GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. (1) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)]. Page 101 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 7 of 11 c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. Page 102 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 8 of 11 (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. 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- Page 103 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 9 of 11 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry. 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. Page 104 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 10 of 11 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. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _____________________________ Norva Blandin, MSEM Interim Program Administrator Permitting Program Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP –Norva Blandin, Danielle Sattelberger, John Tracey, David CareyKearney Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org Tyler Chappell, The Chappell Group Inc, tyler@thechappellgroup.com Page 105 Project Name: 4206 Intracoastal Drive Permit No.: 50-0221786-006-EI Page 11 of 11 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. October 20, 2022 Clerk Date Attachments: Project Drawings and Design Specs., 7 pages Standard Manatee Conditions for In-Water Work, 2011, can be downloaded at http://myfwc.com/media/415448/Manatee_StdCondIn_waterWork.pdf As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: https://floridadep.gov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource Page 106 Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:COVER1719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYLOCATION MAP (N.T.S.)VICINITY AERIAL (N.T.S.)DRAWING INDEXSHEET 1: COVERSHEET 2: EXISTINGCONDITIONSSHEET 3: PROPOSEDCONDITIONSSHEET 4: SECTION ASHEET 5: SECTION BSHEET 6: SECTION CSHEET 7: DETAILSPROJECT LOCATION4206 INTRACOASTAL DRIVEPLAN SETPROJECT LOCATIONTOWN OF HIGHLAND BEACHSoutheast DistrictPermit Number 50-0221786-006-EIPage 107 62.5' OFFSETFROM EAST EDGEOF ICWWAACCBB2.5'146.1'10 0 . 3 '9.1'3.5'5.0'25. 0 '75.7'13.2'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:EXISTING CONDITIONS2719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04 ' NAVDLEGENDSUBJECT SITE (0.55 AC)EXISTING CONCRETE SEAWALL W/ 3.0'CAP (±304.8 LN. FT.; ±457.5 SQ. FT.OVERWATER)*EXISTING CONCRETE DOCK (±564 SQ. FT.)EXISTING ±1.0' CONCRETE NOTCH ABOVECAP/DOCK (±309.5 LN. FT.)EXISTING PADDLE GRASS (Halophiladecipiens; ±1% COVERAGE; ±304 SQ. FT.)NOTES:1.SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.2.EXISTING SEAWALL & DOCK WASPREVIOUSLY AUTHORIZED UNDER USACOEPERMIT No. SAJ-1995-02049 AND FDEP ERPNo. 50-0221786-003-004, 005.Southeast DistrictPermit Number 50-0221786-006-EIPage 108 62.5' OFFSETFROM EAST EDGEOF ICWWAACCPROPOSED NO PROFILEBOAT LIFT (43'x17') FORBOAT STORAGEBB146.1'10 0 . 3 '9.1'2.5'3.5'5.0'25. 0 '75.7'13.2'45.9'25.0'55.0'17.0'100.9'5.0' 6.5' 10.0'PROPOSED TURBIDITY BARRIER234118.6'PROPOSED JET SKI PLATFORMLIFT (17'x12') FOR STORAGE22.5'PROPOSED WOOD 12-INCHMOORING PILES (2)Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:PROPOSED CONDITIONS3719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYNORTHSCALE1" = 30' M.H.W. = 0.35' NAVDM.L.W. = (-)2.04' NAVDLEGENDNOTES:1.SURVEY INFORMATION PROVIDED BYBASELINE LAND SURVEY LLC.2.EXISTING SEAWALL & DOCK WASPREVIOUSLY AUTHORIZED UNDER USACOEPERMIT No. SAJ-1995-02049 AND FDEP ERPNo. 50-0221786-003-004, 005.3.TOTAL OVERWATER SQUARE FOOTAGE IS1,935 SQ. FT.SUBJECT SITE (0.55 AC)EXISTING CONCRETE SEAWALL W/ 3.0'CAP (±304.8 LN. FT.; ±457.5 SQ. FT.OVERWATER)*EXISTING CONCRETE DOCK (±564 SQ. FT.)EXISTING ±1.0' CONCRETE NOTCH ABOVECAP/DOCK (±309.5 LN. FT.)PROPOSED WOOD DOCK WITHCOMPOSITE DECKING (±232 SQ. FT.)EXISTING PADDLE GRASS (Halophiladecipiens; ±1% COVERAGE; ±304 SQ. FT.)PROPOSED JET SKI PLATFORM LIFT(±204 SQ. FT.)PROPOSED NO PROFILE BOAT LIFT(±935SQ. FT.)1PROPOSED SLIP TABLESLIP #LENGTHWIDTH140'12'211.7'4.2'311.7'4.2'440'12'PROPOSED SLIPS (4)Southeast DistrictPermit Number 50-0221786-006-EIPage 109 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±9.1'DISTANCE FROM EXISTING WETFACE TO EDGE OFEXISTING DOCK±1.5'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING UPLAND PROPERTYVARIESINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESEXISTING ±3.5' CONCRETE DOCK±6.5' NAVDTWENTY-TWO (22)EXISTING CONCRETE12-INCH PILINGS±5.0'EXISTING CONCRETE NOTCH 7.5' NAVDDISTANCE FROM EDGE OF EXISTING DOCK TO EAST EDGE OF ICWW±75.7'±1.0'-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±9.1'DISTANCE FROM EXISTING WETFACE TO EDGE OFEXISTING DOCK±1.5'DISTANCE FROM PL TO EDGE OF EXISTING DOCKEXISTING UPLAND PROPERTYVARIESINTRACOASTAL WATERWAY±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESEXISTING ±3.5' CONCRETE DOCK±6.5' NAVDTWENTY-TWO (22)EXISTING CONCRETE12-INCH PILINGS±5.0'EXISTING CONCRETE NOTCH 7.5' NAVDDISTANCE FROM EDGE OF EXISTING DOCK TO EAST EDGE OF ICWW±75.7'±1.0'EXISTING PADDLE GRASS(Halophila decipiens) TO REMAINEXISTING PADDLE GRASS(Halophila decipiens) TO REMAINDISTANCE FROM EDGE OF EXISTING DOCK TOEXISTING SEAGRASS±13.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:SECTIONS4719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-006-EIPage 110 -5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±10.0'DISTANCE FROM EXISTING WETFACE TO EDGE OFPROPOSED DOCK±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTYVARIESCANAL±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESPROPOSED ±5.0' WOOD DOCK WITHCOMPOSITE DECKING±4.0' NAVDPROPOSED WOOD12-INCH DOCK PILINGS(6)±6.5'EXISTING CONCRETE NOTCH 7.5' NAVD±1.0'-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±10.0'DISTANCE FROM EXISTING WETFACE TO EDGE OFPROPOSED DOCK±1.5'DISTANCE FROM PL TO EDGE OF PROPOSED DOCKEXISTING UPLAND PROPERTYVARIESCANAL±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILES±6.5'EXISTING CONCRETE NOTCH 7.5' NAVD±1.0'TURBIDITY BARRIER(TYP.)Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:SECTIONS5719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-006-EIPage 111 ±4.5'DISTANCE FROMPL TO EDGE OFEXISTING CAP-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVDDISTANCE FROM EXISTING WETFACE TO EDGE OF PROPOSED JET SKI & BOAT LIFT±1.5'EXISTING UPLAND PROPERTYVARIESCANAL±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESPLEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILESPLEXISTING UPLAND PROPERTYVARIES±18.6'EXISTING CONCRETE NOTCH 7.5' NAVDCANALPROPOSED CONCRETE 12-INCH LIFTPILES (14 TOTAL; 10 PILES FOR BOATLIFT AND 4 PILES FOR JET SKI LIFT)±21.5'DISTANCE FROM PROPERTY LINE TO EDGE OF PROPOSED JET SKI & BOAT LIFTPROPOSED ±17.0' PLATFORM JET SKI& BOAT LIFT FOR STORAGE-5.0'-8.0'EXISTINGWETFACE-2.04' M.L.W.0.35' M.H.W.NAVD±1.5'±2.5'THIRTY-TWO (32) EXISTINGCONCRETE BATTER PILESEXISTING CONCRETE PANEL SEAWALLEXISTING SEAWALL CAP 6.5' NAVDEXISTING KING PILES±1.5'EXISTING CONCRETE NOTCH 7.5' NAVDDISTANCE FROMEXISTING WETFACETO EDGE OFEXISTING CAPEXISTING PADDLE GRASS(Halophila decipiens) TO REMAINEXISTING PADDLE GRASS(Halophila decipiens) TO REMAIN±17.5'DISTANCE FROM EDGE OF EXISTING CAP TO EXISTING SEAGRASS±0.5'TURBIDITY BARRIER(TYP.)DISTANCE FROM EDGEOF PROPOSED JET SKI &BOAT LIFT TO EXISTINGSEAGRASS±0.4'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:SECTIONS6719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-006-EIPage 112 CONSTRUCTION BARGE(TYP.)30.0'90.0'Sheet :THIS DRAWING AND ALL APPURTENANT MATTER CONTAINSINFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND ANDMUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED,NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FORWHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSEDWRITTEN CONSENT OF THE CHAPPELL GROUP, INC.©THE CHAPPELL GROUP, INC. 2022PREPARED FOR: ·Environmental Consultants·Marina & Wetland Permitting·Mitigation Design & Monitoring·T&E Species Surveys·Tree Surveys/AppraisalsKEH East Mca$ oadPompano eac*X lorida GGNJNtelT MIHTKLFTEMNL(a:T MIHTKLFTEENL P CT999Tt*ec*appellgroupTcomof :Date:Proj No.:DETAILS7719-0050.0019/23/20224206 INTRACOASTAL DRIVEDAVE & RANDI STANLEYSoutheast DistrictPermit Number 50-0221786-006-EIPage 113 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772- 562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Questions concerning these signs can be sent to the email address listed above. Page 114 Page 115 6-10-21 APPROVED SPECIAL EXCEPTION PLAN SET (DO#21-0002) Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 OVERALL DIMENSION 17’ WIDE x 42’ LONG MOVING PLATFORM 15’ WIDE x 42’ LONG PILES REQUIRED 10-12” DIAMETER DIMENSIONS CAN BE ALTERED TO FIT YOUR PROJECT REQUIREMENTS. STANDARD EQUIPMENT ALL ALUMINUM & STAINLESS STAINLESS STEEL PULLEYS STAINLESS STEEL FITTINGS REMOTE CONTROL HIDE-A-WAY HULL GUIDES COMPOSITE DECKING EPOXY COATED HYDRAULIC RAMS PLUG AND PLAY CONTROL BOX PLUG AND PLAY MOTORS EASY ADJUST BUNK SYSTEM POWDER COATED COVERS COMPLETE WIRING KIT 2 YEAR BUMPER TO BUMPER WARRANTY 30K PLATFORM 15’ x 42’ DETAILED SPECIFICATIONS LIFT SPEED FPM 10’ UP FPM 9’ DOWN PLATFORM TRAVEL 15’ DRAFT OF PLATFORM 19” CABLE SPECIFICATIONS 1/2” STAINLESS STEEL DECKING EVERGRAIN COMPOSITE GRAY MOTOR / PUMPS 5HP / 2.6 GPM POWER REQUIRED 208-230/ 240VAC 30 AMP BREAKER CALL 1-800-688-1033 Page 135 Page 136 Page 137 Page 138 PUBLIC NOTICE APPLICATION NO. 22-0018 500 Ft Public Notification Boundary March 29, 2023 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, April 13, 2023 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 DARRIN DUNLEA, SEADAR BUILDERS, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL EXCEPTION REQUEST (DO#21-0002) TO INSTALL A 232 SQUARE FOOT WOOD DOCK, TWO (2) MOORING PILES, A 12,000 POUND CAPACITY JET SKI PLATFORM LIFT, AND A 30,000 POUND CAPACITY NO PROFILE BOAT LIFT FOR THE PROPERTY LOCATED AT 4206 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 form 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, April 12, 2023. 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 contact 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 Page 139 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 Apr 03, 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: April 03, 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: jdehart@highlandbeach.us 7398833 SUN-SENTINEL Page 140 SUN-SENTINEL Page 141 Order # - 7398833 SUN-SENTINEL Page 142 File Attachments for Item: B. Development Application No. 22-0019 / James Paris and Karen Mueller-Paris Application by Chris Beale, Bealecon Construction LLC, for a major modification to an existing building as provided by Section 30-39 of the Town Code for the property located at 1106 Bel Air Drive. Page 143 PLANNING BOARD STAFF REPORT MEETING OF: April 13, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY CHRIS BEALE, BEALECON CONSTRUCTION LLC, FOR A MAJOR MODIFICATION TO AN EXISTING BUILDING AS PROVIDED BY SECTION 30-39 OF THE TOWN CODE FOR THE PROPERTY LOCATED AT 1106 BEL AIR DRIVE (DO#22-0019). Applicant (Property Owners): James Paris & Karin Mueller Paris 1106 Bel Air Drive, Apt. B Highland Beach, FL 33487 BAHB LLC 1106 Bel Air Drive, Apt. C Highland Beach, FL 33487 Applicant’s Agent: Chris Beale Bealecon Construction LLC 7491 North Federal Highway, Ste. C-5133 Boca Raton, Fl. 33487 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: RML, Residential Multiple Family Low Density Parcel PCN#: 24-43-47-04-03-000-0071 & 24-43-47-04-03-000-0072 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 144 Property Background On October 27, 2022, a code violation was issued to the property owner (Case No. CC2022-10- 028) which included exterior work without a permit. Request and Analysis: The Applicant is proposing a major modification to an existing two (2) unit building located at 1106 Bel Air Drive. According to the Palm Beach County Property Appraiser, the existing building was built in 1980. Pursuant to Section 30-39 of the Town Code, major modifications to existing buildings are described as follows: “…that alter existing principal or accessory structures, including but not limited to the building footprint, number of square feet, building height, number of dwelling units, parking requirements, change in exterior facade, change of use, change of roof line, change of elevation, all exterior walls, balconies, foundations, accessory structures, and similar substantial improvements as determined by the building official. The proposed major modification consists of the following: - Northern exterior façade changes including the removal of a decorative overhang, removal of certain rounded arches and squaring off such openings, and altering the roof line by adding three (3) roof crickets. - A new second floor deck at the rear of the property. - Additional 306 square feet of air conditioned area (“under AC”) including enclosure of an existing second floor covered balcony at the rear of the property. The Applicant is also proposing new landscaping at the property (see attached proposed Landscape Plan) as well as a reconfiguration of the parking area. The request is in compliance with the off - street parking requirement of two (2) parking spaces per unit for the RML zoning district . Note that changes to the existing dock as provided in the Applicant’s rendering (sheet A -01.1) are not included in the request for a major modification. Any proposed changes to the existing dock will require a special exception approval from the Planning Board as provided in Section 30 -67 (Table 30-4) of the Town Code. Pursuant to Section 30-22 of the Town Code, when acting in a decision-making capacity, the Planning Board shall approve, approve with conditions, or deny applications for development approval which includes major modifications. 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 of the approved major modification shall be initiated within two (2) years following the date of approval by the Planning Board. Page 145 Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on March 23, 2023 and finds that the project is consistent with the Zoning Code (Chapter 30). 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 Applicant proposed Plans Page 146 Page 147 Page 148 Description of Renovation Project for 1106 Bel Air Drive, Highland Beach, FL 33487 The property at 1106 Bel Air Drive, Highland Beach, FL 33487 consists of two parcels known variously as Unit AB (PCN #24-43-47-04-03-000- 0072), and Unit C (PCN #24-43-47-04- 03-000-0071) (collectively, the “Property”). The structure on the Property is classified as a low density RML Duplex. James Paris and Karin Mueller-Paris (the “Owners”) are married and purchased Unit AB on December 31, 2000, and commenced plans to renovate Unit AB and were issued permits for such renovation in November 2021 (the “Original Permits”). Before such renovations on Unit AB commenced, the Owners acquired Unit C through a Florida LLC they formed known as BAHB, LLC, on December 22, 2021. The Owners own all interests in BAHB, LLC and formed the LLC because of their intention offer Unit C as a rental property. The Owners are working with the Architect Shane Ames, of Ames International (Delray Beach), and the General Contractor Chris Beale, of Bealecon Construction, LLC (Boca Raton), to complete their intended renovations. The Owners intend to make Unit AB their permanent residence as soon as the interior renovations allow for occupancy and intend to offer Unit C as a long-term or seasonal rental property. The Owners would like to highlight that as part of their intended renovations, they will be refreshing the landscaping of the Property with new paving stones and plantings and the plans include a significant expansion of the percentage of planted (or otherwise pervious materials) areas versus impervious areas as compared to the existing site. The Owners’ plans create much better drainage qualities both because of the planted and pervious areas and additional investments in drainage control on the Property. Certain other aspects of the planned landscaping involve bringing the existing property into code compliance (planted areas along perimeter borders with neighbors, removal of a tree interfering with a power line, etc.). The following aspects of the Owners’ intended renovations constitute a major revision and are the subject of this DOA application: - the Northern exterior façade (facing Bel Air Drive) will be refreshed with a more modern aesthetic by removing a decorative false mid-level tiled overhang and certain rounded arches and squaring off such openings, and the roof line will be altered by adding three roof crickets - Unit AB will add a fixed covered canopy/pergola on the southeast corner of the structure - A covered porch area on the second level of Unit AB will be enclosed by new sliding glass doors Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 1028 1110 1024 1106-B1106-A 1114 Bel Air Dr 1106 Bel Air Drive State of Florida, Surdex GSI, Maxar, Microsoft Highland Beach Boundary Highland Beach Address Points Highland Beach Parcels Streets Centerline 4/2/2023, 5:48:40 PM 0 0.01 0.020 mi 0 0.01 0.020.01 km 1:564 Town of Highland Beach State of Florida, Surdex GSI, Maxar, Microsoft | Page 159 1106 Bel Air Drive12/19/20212021SUBJECT SITEPage 160 1106 Bel Air Drive01/05/20232023SUBJECT SITEPage 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 PUBLIC NOTICE APPLICATION NO. 22-0019 500 Ft Public Notification Boundary March 29, 2023 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, April 13, 2023 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 CHRIS BEALE, BEALECON CONSTRUCTION LLC, FOR A MAJOR MODIFICATION TO AN EXISTING BUILDING AS PROVIDED BY SECTION 30-39 OF THE TOWN CODE FOR THE PROPERTY LOCATED AT 1106 BEL AIR 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 form 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, April 12, 2023. 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 contact 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 Page 173 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 Apr 03, 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: April 03, 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: dehart@highlandbeach.us 7398892 SUN-SENTINEL Page 174 Order # - 7398892 SUN-SENTINEL Page 175 SUN-SENTINEL Page 176