2023.09.21_PB_Agenda_RegularAGENDA
PLANNING BOARD REGULAR MEETING
Thursday, September 21, 2023 AT 9:30 AM
TOWN OF HIGHLAND BEACH, FLORIDA
3618 S. OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Telephone: (561) 278-4548
Website: www.highlandbeach.us
Library Community Room
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. August 10, 2023
8. NEW BUSINESS
A. Development Application No. 22-0015 / Michael Duggan
Application by John Dykinga, Ocean One Marine, Inc, for a special exception
request to install a 100 square foot dock, and a 24,000 pound capacity boat lift
for the property located at 4229 Tranquility Drive.
B. Development Application No. 23-0005 / JVK Investments LLC.
Application by William Thomas, Unlimited Permit Services, Inc, for a special
exception request to install approximately 95 linear feet of seawall and seawall
cap, approximately 101 feet of retaining wall, a 223 square foot dock, and a
40,000 pound capacity no profile boat lift for the property located at 4321
Intracoastal Drive.
Page 1
Agenda – Planning Board Regular Meeting
Thursday, September 21, 2023, 9:30 AM Page 2 of 2
9. UNFINISHED BUSINESS
A. Ongoing discussion of proposed changes (“amendment concepts”) to the
Accessory Marine Facility (AMF) and seawall regulations of the Town Code
10. ANNOUNCEMENTS
September 21, 2023 5:01 PM Town Commission Second Public
Hearing Budget Meeting
October 03, 2023 1:30 PM Town Commission Meeting
October 10, 2023 1:00 PM Code Enforcement Board Regular
Meeting
October 12, 2023 9:30 AM Planning Board Regular Meeting
11. ADJOURNMENT
Any person that decides to appeal any decision made by the Board of Adjustment & Appeals 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. August 10, 2023
Page 3
TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
Library Community Room
3618 South Ocean Boulevard
Highland Beach, Florida 33487
Date: August 10, 2023
Time: 9:30 AM
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M.
2. ROLL CALL
Board Member Jason Chudnofsky
Board Member David Powell
Board Member Roger Brown
Board Member Brian DeMoss
Board Member Harry Adwar
Vice Chairperson Ilyne Mendelson (joined via zoom at 9:32 AM)
Chairperson Eric Goldenberg
Town Attorney Leonard Rubin
Deputy Town Clerk Jaclyn DeHart
ADDITIONAL STAFF PRESENT
Town Planner Ingrid Allen
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
Motion: Adwar/DeMoss - Moved to approve the agenda as presented which
passed 6 to 0.
5. SWEARING IN OF THE PUBLIC
Deputy Town Clerk Jaclyn DeHart swore in those giving testimony.
6. PUBLIC COMMENT
There were no public comments.
Page 4
Planning Board Regular Meeting Minutes
Date: August 10, 2023 Page 2 of 4
7. APPROVAL OF MINUTES
A. July 13, 2023
Motion: Adwar/DeMoss - Moved to approve the minutes as presented which
passed 6 to 0.
8. NEW BUSINESS
A. Development Application No. 23-0003 / Le Sanctuaire Condominium
Association
Application by Mark Rothenberg, Ellemar Enterprises LLC, for a major
modification to an existing building, as provided in section 30 -39 of the
town code of ordinances, including but not limited to changes to the
exterior façade and balconies for the property located at 3425 South Ocean
Boulevard.
Chairperson Goldenberg read the title of the item and asked the Board members
if they had any ex parte communications to disclose. The members had no ex
parte communications.
Chairperson Goldenberg opened the public hearing and called Town Planner
Allen to present the application.
Town Planner Allen presented a PowerPoint Presentation of the Development
Order depicting aerial photographs, proposed site plans and renderings of the
major modifications. She mentioned that the Board is only making a
recommendation and this application will be presented to the Town Commission
on September 5, 2023, for approval.
Mark Rothenberg, owner, and contractor provided comments on the project and
showed larger photos of the proposed aesthetic modifications.
The public hearing was closed and followed by a motion.
Motion: DeMoss/ Chudnofsky – Moved to recommend approval of
Development Application No. 23-0003. Based upon a roll call,
Member DeMoss (Yes), Member Chudnofsky (Yes), Member Adwar
(Yes), Member Brown (Yes), Member Powell (Yes) and Chairperson
Goldenberg (Yes). The motion passed 6 to 0.
Vice Chairperson Mendelson was inaudible for the vote.
Page 5
Planning Board Regular Meeting Minutes
Date: August 10, 2023 Page 3 of 4
9. UNFINISHED BUSINESS
A. Ongoing discussion of proposed changes (“amendment concepts”) to the
Accessory Marine Facility (AMF) and seawall regulations of the Town Code
Chairperson Goldenberg read the title of the item and referred the item to Town
Planner Allen.
Town Planner Allen briefly spoke about the last meeting’s discussion topics.
The Board discussed separating docks from accessory marine facilities.
Vice Chairperson Mendelson left Zoom at 9:53 AM and rejoined at 9:55 AM.
Discussion ensued about requiring ladders every 100 feet or one per property,
adjustable ladders, length of ladders, and grandfathering in ladders.
Vice Chairperson Mendelson left Zoom at 9: 58 AM and rejoined at 9:59 AM.
The Board discussed docks running the full length of the property in regard to
property lines that extend into the water. There was extensive discussion about
setbacks for single family homes and multifamily homes.
Town Planner Ingrid will continue to compile the list of recommendations into a
draft to be voted on at a later date.
10. ANNOUNCEMENTS
Chairperson Goldenberg canvased the Board to change the date for the next
Planning Board Meeting.
Motion: Goldenberg/Adwar – Moved to change the next Planning Board
Meeting date from September 14, 2023 to September 21, 2023, at
9:30 AM which passed 7 to 0.
Chairperson Goldenberg read the announcements as follows.
August 30, 2023 11:00 AM Natural Resources Preservation
Advisory Board Meeting
September 05, 2023 1:30 PM Town Commission Meeting
September 12, 2023 1:00 PM Code Enforcement Board Meeting
September 21, 2023 9:30 AM Planning Board Regular Meeting
Page 6
Planning Board Regular Meeting Minutes
Date: August 10, 2023 Page 4 of 4
11. ADJOURNMENT
The meeting adjourned at 10:25 AM.
APPROVED on September 21, 2023, Planning Board Regular Meeting.
_________________________________
Eric Goldenberg, Chairperson
ATTEST:
Transcribed by: Jaclyn DeHart
09/21/2023
____________________________________ _____________________________
Jaclyn DeHart Date
Deputy Town Clerk
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are
transcribed as a brief summary reflecting the event 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 7
File Attachments for Item:
A. Development Application No. 22-0015 / Michael Duggan
Application by John Dykinga, Ocean One Marine, Inc, for a special exception request to
install a 100 square foot dock, and a 24,000 pound capacity boat lift for the property
located at 4229 Tranquility Drive.
Page 8
PLANNING BOARD
STAFF REPORT
MEETING OF: SEPTEMBER 21, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY JOHN DYKINGA, OCEAN ONE MARINE, INC,
FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 100
SQUARE FOOT DOCK, AND A 24,000 POUND CAPACITY BOAT
LIFT FOR THE PROPERTY LOCATED AT 4229 TRANQUILITY
DRIVE. (DO# 22-0015).
Applicant (Property Owner): Michael Duggan
4229 Tranquility Drive
Highland Beach, FL 33487
Applicant’s Agent: John Dykinga
Ocean One Marine, Inc.
1330 S. Killian Drive, #2
West Palm Beach, Fl. 33403
Property Characteristics:
Comprehensive Plan Land Use: Single Family
Zoning District: Residential Single Family (RS)
Site Location: 4229 Tranquility Drive
Parcel PCN#: 24-43-47-04-02-005-0170
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 9
Request and Analysis:
The Applicant is proposing to install a new 100 square foot marginal dock, and a 4-post 24,000
pound capacity boat lift. The site currently contains a dock (approximately 200 square feet) which
will be removed.
The Applicant has obtained Florida Department of Environmental Protection (FDEP)
authorization for the proposed dock and boat lift. The letter provided by FDEP (dated January 19,
2023) indicates that a separate permit or authorization will not be required from the U.S. Army
Corps of Engineers (ACOE). The corresponding FDEP file number is provided in the table below.
Note that on the plans submitted to FDEP by the Applicant, the location of new steps along the
seawall are proposed 10 feet from the side property lines while the location of such steps proposed
on the plans submitted to the Town, are at 19 feet from the side property lines. While such proposed
steps are not considered an accessory marine facility as described in Section 30-68(g) of the Town
Code and do not require Planning Board approval , it is worth noting that correspondence from
FDEP (attached) indicates that such change in the location of the steps is acceptable and does not
require a reverification from FDEP.
PROPOSED ACTIVITY FDEP (FILE NO.)
Dock and boat lift 50-0409808-003-EE
Section 30-67(b) of the Town Code indicates that such proposed accessory marine facilities require
Special Exception approval by the Planning Board. 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 accessory marine facilities.
If the Planning Board approves the request, the Applicant will be required to obtain a building permit
from the Town of Highland Beach Building Department following such approval and prior to
initiation of construction. Pursuant to Section 30-21(g) of the Town Code, commencement of
construction shall be initiated within two (2) years following the date of approval by the Planning
Board.
Staff has reviewed the Applicant’s proposed request including plans date stamped received by the
Building Department on August 28. 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
Attachments: Application
Aerials
FDEP email correspondence and authorization letter
Applicant Plans (11X17)
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422 9 Tran qu ili ty Dri ve Palm Be ach Cou ntyNone
Sep temb er 6, 2023
0 0.008 5 0.0170.004 25 m i
0 0.01 0.020.005 km
1:57 6
Crea te d b y: P alm Beach Co untyµPage 13
4229 Tranquility Drive01/09/2023SUBJECT PROPERTYPage 14
From:Miles, Michelle
To:Ingrid Allen
Subject:RE: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach
Date:Thursday, August 17, 2023 10:42:28 AM
Attachments:image002.png
Exemption Dug 003.pdf
Ingrid,
Here is the official Exemption letter from the department. I believe that on our stamped plans it was
also approved for 25 ft. from the neighboring property. The site is not on State Submerged Lands so
it does not have to meet setback criteria under 18-21.004(3)(d) and the proposed location of the lift
is fine.
To confirm the 19 ft. change for the location of the steps over the seawall cap is an approved change
and does not require a reverification by FDEP.
Sincerely,
Michelle Miles
OPS Environmental Specialist I
Florida Department of Environmental Protection
Southeast District – West Palm Beach
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
Michelle.Miles@FloridaDEP.gov
From: Ingrid Allen <iallen@highlandbeach.us>
Sent: Thursday, August 17, 2023 9:35 AM
To: Miles, Michelle <Michelle.Miles@FloridaDEP.gov>
Subject: RE: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach
EXTERNAL MESSAGE
This email originated outside of DEP. Please use caution when opening attachments, clicking links,
or responding to this email.
Ms. Miles
Thank you for your quick response. Please note that in my email below, I referenced 15’9” from the
south PL; however, this was an error it is 19’. Given your response below, the proposed 19’ is
acceptable unless you advised me otherwise.
The Applicant provided a separate letter from FDEP (dated 2-2-2022), file no. 50-0409808-002-EE,
for a boat lift. The plans submitted to the Town (see attached), show the proposed location of the
Page 15
boat lift at 25 feet from the south PL rather than 38 feet as reflected on the plans submitted to
FDEP. If you would confirm that the 2-22-22 authorization is still valid given this change of location
(Note I emailed Rebecca J. George who was listed as the contact, but I have not heard back from
her).
Thank you, much appreciated.
Sincerely,
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach FL 33487
(561) 278-4540 Office (option 3)
(561) 278-2606 Fax
www.highlandbeach.us
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland
Beach officials and employees regarding public business are public records available to the public and media upon request.
Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If
you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect
those of the Town of Highland Beach.
From: Miles, Michelle <Michelle.Miles@FloridaDEP.gov>
Sent: Thursday, August 17, 2023 8:08 AM
To: Ingrid Allen <iallen@highlandbeach.us>
Subject: RE: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach
Good morning,
This would be an acceptable plan change and this would not need a reverification on our end. The
activity would still be exempt from needing a permit. However, the owner needs to follow the new
proposal that they have submitted to you moving forward.
Please let me know if you need anything else!
Sincerely,
Michelle Miles
OPS Environmental Specialist I
Page 16
Florida Department of Environmental Protection
Southeast District – West Palm Beach
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
Michelle.Miles@FloridaDEP.gov
From: Ingrid Allen <iallen@highlandbeach.us>
Sent: Wednesday, August 16, 2023 3:44 PM
To: Miles, Michelle <Michelle.Miles@FloridaDEP.gov>
Subject: File No. 50-0409808-003-EE: 4229 Tranquility Drive, Highland Beach
EXTERNAL MESSAGE
This email originated outside of DEP. Please use caution when opening attachments, clicking links,
or responding to this email.
Ms. Miles:
Regarding the 1/19/23 correspondence provided by FDEP on the above-referenced file, please note
that on the plans submitted to the Town, the proposed steps start at 19’ from the north property
line (PL) rather than 10 feet as reflected on the plans submitted to FDEP, and approximately 15’9”
from the south PL rather than 10 feet. Kindly confirm whether the 1-19-23 authorization is still valid
given these modifications.
Sincerely,
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach FL 33487
(561) 278-4540 Office (option 3)
(561) 278-2606 Fax
www.highlandbeach.us
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland
Beach officials and employees regarding public business are public records available to the public and media upon request.
Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If
you do not want your e-mail address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect
those of the Town of Highland Beach.
Page 17
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Page 25
PUBLIC NOTICE
APPLICATION NO. 22-0015
500 Ft Public Notification Boundary
September 05, 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, September 21, 2023 at 9:30 AM in the
Community Room of the Town Library located at 3618 South Ocean Boulevard,
Highland Beach, Florida to consider the following application.
APPLICATION BY JOHN DYKINGA, OCEAN ONE MARINE, INC, FOR A
SPECIAL EXCEPTION REQUEST TO INSTALL A 100 SQUARE FOOT DOCK,
AND A 24,000 POUND CAPACITY BOAT LIFT FOR THE PROPERTY LOCATED
AT 4229 TRANQUILITY 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.
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 cont act 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 26
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 Sep 11, 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: September 11, 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
7490016
SUN-SENTINEL
Page 27
Order # - 7490016
SUN-SENTINEL
Page 28
File Attachments for Item:
B. Development Application No. 23-0005 / JVK Investments LLC.
Application by William Thomas, Unlimited Permit Services, Inc, for a special exception
request to install approximately 95 linear feet of seawall and seawall cap, approximately
101 feet of retaining wall, a 223 square foot dock, and a 40,000 pound capacity no
profile boat lift for the property located at 4321 Intracoastal Drive.
Page 29
PLANNING BOARD
STAFF REPORT
MEETING OF: SEPTEMBER 21, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY WILLIAM THOMAS, UNLIMITED PERMIT
SERVICES, INC, FOR A SPECIAL EXCEPTION REQUEST TO
INSTALL APPROXIMATELY 95 LINEAR FEET OF SEAWALL AND
SEAWALL CAP, APPROXIMATELY 101 FEET OF RETAINING
WALL, A 223 SQUARE FOOT DOCK, AND A 40,000 POUND
CAPACITY NO PROFILE BOAT LIFT FOR THE PROPERTY
LOCATED AT 4321 INTRACOASTAL DRIVE. (DO# 23-0005)
Applicant (Property Owner): JVK Investments LLC
3907 South Ocean Boulevard
Highland Beach, FL 33487
Applicant’s Agent: William Thomas
Unlimited Permit Services, Inc.
902 NE 1st Street, Suite #2
Pompano Beach, FL 33060
Property Characteristics:
Site Location: 4321 Intracoastal Drive
Comprehensive Plan Land Use: Single Family
Zoning District: Residential Single Family (RS)
Parcel PCN#: 24-43-47-04-02-004-0050
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 30
Request and Analysis:
The Applicant is proposing to install approximately 95 linear feet of seawall (within 18 inches
waterward of the existing seawall) and seawall cap, approximately 101 feet of retaining wall, a 223
square foot dock, and a 40,000 pound capacity no profile boat lift for the property located at 4321
Intracoastal Drive.
The Applicant has obtained Florida Department of Environmental Protection (FDEP) approval for
the above-referenced proposed items (FDEP File No. 50-0430961-001,002,003-EE). The
authorization letter provided by FDEP (dated February 14, 2023) indicates that a separate per mit
or authorization from the U.S. Army Corps of Engineers will not be required.
According to Section 6 -128(b) of the Town Code, all seawalls west of State Road A1A shall be at
base flood elevation (BFE) or higher as provided by the FEMA FIRM maps. The current BFE for
the property is six (6) feet NAVD, the Applicant is proposing a seawall at 6.5 feet NAVD.
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. According to the Applicant’s boat lift detail (sheet 5 of 6), the top of the
platform/no profile boat lift measures 7.33 feet NAVD. The Applicant has indicated that they do not
know the type of vessel to be moored on the boat lift at this time (this is not a requirement of the
Town Code) That said, the Applicant has added a note on sheet 5 referencing the boat lift definition
as provided in Section 30-131 of the Town Code which is as follows:
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one
foot above the minimum seawall elevation. In no case shall the lift be higher than the
superstructure of the boat when lifted.
According to Section 30-68(h) of the Town Code, installation of mooring facilities including docks
and boat lifts shall comply with the below 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 installation of the proposed no profile boat lift will be located along the southernmost lake of
the Bel Lido plat. The lake width from the subject property’s rear property line is approximately 370
feet which is one of the widest sections of either lake or canals in the Bel Lido plat.
Section 30-68(h)(1)a. of the Town Code, states that the installation of accessory marine facilities
including docks, and boat lifts shall be subject to special exception approval by the Planning Board
at an advertised public hearing. In addition, Section 6-128 requires special exception approval by
the Planning Board for seawall or retaining walls. Section 30-36(a) of the Town code indicates 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.
Page 31
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 August 18, 2023:
1. The no profile boat lift shall only be utilized to a store vessel 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 the no profile boat lift.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Aerials
FDEP approval
Applicant proposed plans (11x17)
Page 32
4321 INTRACOASTAL DR, HIGHLAND BEACH FL 3348724-43-47-04-02-004-0050JVK INVESTMENTS LLC - Jeffrey Kleimandunlea325@aol.com3907 S OCEAN BLVD, BOCA RATON FL 33487561-416-7309xRS- Residential Single Family (24-HIGHLAND BEACH)BEL LIDO LT 5 BLK 4William Thomas Unlimited Permit Services, Inc 902 NE 1 St #2, Pompano Beach FL 33060954-532-0129office@unlimitedps.net Remove existing temporary concrete batter piles, wood mooring pile, wooden dock and piles. Install 94'-6" of new 36" x 16" concrete batter piling seawall cap 18" in front of old seawall at 6.5 NAVD, 100'-6" of 10" x 8" retaining wall, 44'-6" x 5' (223sf) composite dock, and 40k lb capacity No Profile boat lift on (10) 12" x 12" concrete piles.Page 33
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LAKELAKECANALCANALPage 35
4425
4321
4313
1096
4314
4308
4317
4316
4326
4320
4323
4312
4320
4315
4307
1092
4425
4403
4326 4319
4325
4400 Intracoastal DrTranquility DrLength: 370.2 FeetSUBJECT PROPERTY
4321 Intracoastal Drive
State of Florida, Maxar, Microsoft
Highland Beach Address Points
Highland Beach Parcels
Streets
9/7/2023, 12:18:08 PM 0 90 18045 ft
0 25 5012.5 m
1:1,128
Town of Highland Beach
State of Florida, Maxar, Microsoft |
Page 36
4321 Intracoastal Drive (rear)01/09/2023Page 37
www.floridadep.gov
FLORIDA DEPARTMENT O F
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
February 14, 2023
JVK Investments, LLC
c/o Jeffrey Kleinman
3907 S Ocean Boulevard
Boca Raton, FL 33487
Sent via e-mail: Dunlea325@aol.com
Re: File No.: 50-0430961-001,002,003-EE
File Name: JVK Investments LLC Seawall
Dear Mr. Jeffrey Kleinman:
On January 27, 2023, we received your request for verification of exemption to perform the
following activities: 1) remove an existing dock, mooring piles, and batter piles; 2) install
approximately 95 ln. ft. of seawall within 18 inches waterward (wetface to wetface) of the existing
seawall; 3) install a seawall cap, batter piles, and king piles; 4) install a 223 sq. ft. marginal dock;
and 5) install a boat lift. The project is located in a residential canal, Class III Waters, adjacent to
4321 Intracoastal Drive, Highland Beach (Section 04, Township 47 South, Range 43 East), in Palm
Beach County (Latitude N 26°23'55.3847”, Longitude W 80°4'8.6494”).
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption,
(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for
the activity.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Michelle Miles at the letterhead
address or at Michelle.Miles@FloridaDEP.gov.
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Project No.: 50-0430961-001,002,003-EE
Project Name: JVK Investments LLC Seawall
Page 2 of 5
1. Regulatory Review – VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
are exempt, under Chapter 62-330.051(5)(b) and (12)(b & d), Florida Administrative Code, from
the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial
modifications to the project design should be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Review- NOT REQUIRED
The activity does not require further authorization under chapter 253 of the Florida Statutes, or
chapters 18-20 or 18-21 of the Florida Administrative Code.
3. Federal Review - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit VI-R1, and a
SEPARATE permit or authorization will not be required from the U.S. Army Corps of
Engineers. Please note that the Federal authorization expires on July 27, 2026. However, your
authorization may remain in effect for up to 1 additional year, if provisions of Special Condition
15 of the SPGP VI-R1 permit instrument are met. You, as permittee, are required to adhere to all
General Conditions and Special Conditions that may apply to your project. Special conditions
required for your project are attached. A copy of the SPGP VI-R1 with all terms and conditions
and the General Conditions may be found online in the Jacksonville District Regulatory Division
Sourcebook (https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).
Authority for review - an agreement with the USACOE entitled “Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection (or Duly Authorized Designee), State Programmatic General
Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be
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Project No.: 50-0430961-001,002,003-EE
Project Name: JVK Investments LLC Seawall
Page 3 of 5
final and effective until a subsequent order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a modification of the
agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner’s
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner’s substantial interests will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency’s proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the
petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 21 days of receipt of this written notice. Petitions filed by any persons other than the
applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be
filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,
whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice
of this decision and the right of substantially affected persons to challenge this decision has been
duly published or otherwise provided to all persons substantially affected by the decision. While
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-
110.106(10)(a).
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
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Project No.: 50-0430961-001,002,003-EE
Project Name: JVK Investments LLC Seawall
Page 4 of 5
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for
filing a petition for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
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Project No.: 50-0430961-001,002,003-EE
Project Name: JVK Investments LLC Seawall
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Danielle C. Sattelberger
Environmental Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP VI-R1
General Conditions for Federal Authorization for SPGP VI-R1
Project drawings, 6 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP – Danielle C. Sattelberger, Michelle Miles
Kathy Cartier, Unlimited Permit Services, Inc., kathyc@unlimitedps.net
Additional mailings:
SPGP nmfs.ser.statewideprogrammatic@noaa.gov ; spgp@usace.army.mil
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
February 14, 2023
Clerk Date
Page 42
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒
(b) Installation of private docks, piers, and recreational docking facilities, and installation of
local governmental piers and recreational docking facilities, in accordance with section
403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs,
provided:
1. The cumulative square footage of the dock or pier and all associated structures located over
wetlands and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of
materials other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline
for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than
65 feet in length along the shoreline, in which case there may be one exempt dock allowed per
parcel or lot.
12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other
Shoreline Stabilization ‒
(b) The restoration of a seawall or riprap under section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event,
such as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves
only minimal backfilling to level the land directly associated with the restoration or repair and
does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I
for factors used to determine qualification under this provision;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured
from the waterward face of the existing seawall to the face of the restored seawall, or from the
waterward slope of the existing riprap to the waterward slope of the restored riprap; and
3. Applicable permits under chapter 161, F.S., are obtained.
(d) Installation of batter piles, king piles, or a seawall cap, used exclusively to stabilize and
repair seawalls, provided they do not impede navigation.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18.
Page 43
Special Conditions for Federal Authorizations for SPGP VI-R1
1. Authorization, design and construction must adhere to the terms of the SPGP VI
instrument including the General Conditions for All Projects, Special Conditions for All
Projects, Applicable activity-specific special conditions, Procedure and Work
Authorized sections.
2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment
28, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC
AP.1.).
3. All activities must be performed during daylight hours (Reference: JAXBO PDC
AP.6.).
4. For all projects involving the installation of piles, sheet piles, concrete slab walls or
boatlift I-beams (Reference Categories A, B and C of JAXBO PDCs for In-Water Noise
from Pile and Sheet Pile Installation, page 86):
a. Construction methods limited to trench and fill, pilot hole (auger or drop punch),
jetting, vibratory, and impact hammer (however, impact hammer limited to installing no
more than 5 per day).
b. Material limited to wood piles with a 14-inch diameter or less, concrete piles with a
24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal
boatlift I-beams, concrete slab walls, vinyl sheet piles, and metal sheet piles.
c. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized
(Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet
Pile Installation, page 86.).
d. Projects within the boundary of the NOAA Florida Keys National Marine
Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs
AP.14 and A1.6).
5. The Permittee shall comply with the “Standard Manatee Conditions for In-Water
Work – 2011” (Attachment 29).
6. No structure or work shall adversely affect or disturb properties listed in the National
Register of Historic Places or those eligible for inclusion in the National Register. Prior to
the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s
behalf, shall conduct a search of known historical properties by contracting a professional
archaeologist, and contacting the Florida Master Site File at 850-245-6440 or
SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National
Register Information System (NRIS). Information can be found at
http://www.cr.nps.gov/nr/research.
Page 44
a. If, during the initial ground disturbing activities and construction work, there are
archaeological/cultural materials unearthed (which shall include, but not be limited to:
pottery, modified shell, flora, fauna, human remains, 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), the Permittee shall
immediately stop all work in the vicinity and notify the Compliance and Review staff of
the State Historic Preservation Office at 850-245- 6333 and the Corps Regulatory
Archeologist at 904-232-3270 to assess the significance of the discovery and devise
appropriate actions, including salvage operations. 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 C.F.R. § 325.7.
b. In the unlikely event that human remains are identified, the remains will be treated
in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall
immediately cease and the local law authority, and the State Archaeologist (850-245-
6444) and the Corps Regulatory Archeologist at 904-232-3270 shall immediately be
notified. Such activity shall not resume unless specifically authorized by the State
Archaeologist and the Corps.
7. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish
and Wildlife Service’s regulations governing compliance with these laws. The Permittee
should contact the appropriate local office of the U.S. Fish and Wildlife Service to
determine if such “take” permits are required for a particular activity.
8. Mangroves. The design and construction of a Project must comply with the following
(Reference: JAXBO PDCs AP.3 and AP.12.):
a. All projects must be sited and designed to avoid or minimize impacts to
mangroves.
b. Mangrove removal must be conducted in a manner that avoids any unnecessary
removal and is limited to the following instances:
(1) Removal to install up to a 4-ft-wide walkway for a dock.
(2) Removal of mangroves above the mean high water line (MHWL) provided
that the tree does not have any prop roots that extend into the water below the MHWL.
(3) Mangrove trimming. Mangrove trimming refers to the removal (using hand
equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of
the trunk of the tree) in a manner that ensures survival of the tree.
(a) Projects with associated mangrove trimming waterward of the MHWL are
authorized if the trimming: (a) occurs within the area where the authorized structures are
placed or will be placed (i.e., removal of branches that overhang a dock or lift),
(b) is necessary to provide temporary construction access, and (c) is conducted in a
Page 45
manner that avoids any unnecessary trimming.
(b) Projects proposing to remove red mangrove prop roots waterward of the
MHWL are not authorized, except for removal to install the dock walkways as described
above.
9. For Projects authorized under this SPGP VI in navigable waters of the U.S., the
Permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structures or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
10. Notifications to the Corps. For all authorizations under this SPGP VI, including Self-
Certifications, the Permittee shall provide the following notifications to the Corps:
a. 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 8).
b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion
of the work authorized by this permit, the Permittee shall complete the “Self-Certification
Statement of Compliance” form (Attachment 9) 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.
c. Permit Transfer. 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. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date the enclosed form (Attachment 10).
d. Reporting Address. The Permittee shall submit all reports, notifications,
documentation, and correspondence required by the general and special conditions of this
permit to the following address.
(1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10
MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals.
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11. The District Engineer reserves the right to require that any request for authorization
under this SPGP VI be evaluated as an Individual Permit. Conformance with the terms
and conditions of the SPGP VI does not automatically guarantee Federal authorization.
12. On a case-by-case basis, the Corps may impose additional Special Conditions which
are deemed necessary to minimize adverse environmental impacts.
13. Failure to comply with all conditions of the SPGP VI constitutes a violation of the
Federal authorization.
14. The SPGP VI will be valid through the expiration date unless suspended or revoked by
issuance of a public notice by the District Engineer. The Corps, in conjunction with the
Federal resource agencies, will conduct periodic reviews to ensure that continuation of the
permit during the period ending expiration date, is not contrary to the public interest. The
SPGP VI will not be extended beyond the expiration date but may be replaced by a new
SPGP. If revocation occurs, all future applications for activities covered by the SPGP VI
will be evaluated by the Corps.
15. If the SPGP VI expires, is revoked, or is terminated prior to completion of the
authorized work, authorization of activities which have commenced or are under
contract to commence in reliance upon the SPGP VI will remain in effect provided the
activity is completed within 12 months of the date the SPGP VI expired or was
revoked.
Special Conditions for Shoreline Stabilization activities.
16. Shoreline stabilization structures other than vertical seawalls shall be no steeper than
a 2 horizontal:1 vertical slope (Reference: JAXBO PDC A1.1.4.).
17. Placement of backfill is limited to those situations where it is necessary to level the land
behind seawalls or riprap.
18. Living shoreline structures and permanent wave attenuation structures can only be
constructed out of the following materials: oyster breakwaters, clean limestone boulders or
stone (sometimes contained in metal baskets or cages to contain the material), small
mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete
and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth
sawfish, or sturgeon (Reference: JAXBO PDC A7.5.).
a. Reef balls or similar structures are authorized if they are not open on the bottom, are
open-bottom structures with a top opening of at least 4 ft, or are pre-fabricated structures,
such as reef discs stacked on a pile, and are designed in a manner that would not entrap
sea turtles.
b. Oyster reef materials shall be placed and constructed in a manner that ensures that
Page 47
materials will remain stable and that prevents movement of materials to surrounding
areas (e.g., oysters will be contained in bags or attached to mats and loose cultch must
be surrounded by contained or bagged oysters or another stabilizing feature) (Reference:
JAXBO PDC A7.2.).
c. Oyster reef materials shall be placed in designated locations only (i.e., the materials
shall not be indiscriminately dumped or allowed to spread outside of the reef structure)
(Reference: JAXBO PDC A7.3.)
d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as
measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species
movement (Reference: JAXBO PDC A7.6.).
e. Other materials are not authorized by this SPGP VI (Reference: JAXBO PDC
A7.5.).
Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-
Supported Structures.
19. Chickees must be less than 500 ft² and support no more than 2 slips (Reference:
JAXBO PDC A2.1.6.).
20. The design and construction of a Project over marsh (emergent vegetation) must
comply with the following:
a. The piling-supported structure shall be aligned so as to have the smallest over- marsh
footprint as practicable.
b. The over-marsh portion of the piling-supported structure (decking) shall be
elevated to at least 4 feet above the marsh floor.
c. The width of the piling-supported is limited to a maximum of 4 feet. Any
exceptions to the width must be accompanied by an equal increase in height
requirement.
21. Mangroves. For pile-supported structures, the following additional requirements for
mangroves found in the joint U.S. Army Corps of Engineers’/National Marine Fisheries
Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) shall apply:
a. The width of the piling-supported structure is limited to a maximum of 4 feet.
b. Mangrove clearing is restricted to the width of the piling-supported structure.
Page 48
c. The location and alignment of the piling-supported structure should be through the
narrowest area of the mangrove fringe.
22. Regarding SAV, the design and construction of a Project must comply with the
following:
a. A pile supported structure
(1) that is located on a natural waterbody (i.e. outside an artificial waterway that
was excavated for boating access and is bordered by residential properties); and
(2) that is within the range of seagrass (estuarine waters within all coastal
counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet),
but outside of the range of Johnson’s seagrass (the range of Johnson’s seagrass is
defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon
systems on the east coast of Florida) will be constructed to the following standards:
(a) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then SAV is presumed present and the
pile-supported structure must comply with, or provide a higher level of protection than,
the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine
Fisheries Service’s “Construction Guidelines in Florida for Minor Piling- Supported
Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11). For the purposes of SPGP, two uncovered
boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts and minor structures in Monroe County may be installed within
existing boat slips without completion of a SAV survey. Boatlift accessory structures, like
catwalks, shall adhere to “Construction Guidelines in Florida for Minor Piling- Supported
Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11) if a SAV survey has not been completed.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face (wet face) of the seawall).
(b) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including seagrass,
tidal freshwater SAV and emergent vegetation), then the pile-supported structure must
comply with, or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Page 49
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit, two uncovered boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts may be installed within existing boat slips without completion of a
SAV survey.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face (wet face) of the seawall).
(c) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is absent (including seagrass,
tidal freshwater SAV and emergent vegetation), then no design restrictions are required
and boatlifts may include a cover.
(d) A pile supported structure
(i) that is located on a natural waterbody (i.e. outside an artificial waterway that
was excavated for boating access and is bordered by residential properties); and
(ii) that is within the range of Johnson’s seagrass (the range of Johnson’s seagrass
is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems
on the east coast of Florida) but not within Johnson’s seagrass critical habitat will be
constructed to the following standards:
(iii) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then seagrass is presumed present and the
pile-supported structure must comply with or provide a higher level of protection than, the
protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries
Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) with the sole exception of the number of allowable boat
lifts. For the purposes of this permit, two uncovered boatlifts are allowed.
(e) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including seagrass,
tidal freshwater SAV and emergent vegetation), THEN pile-supported structure must
comply with or provide a higher level of protection than, the protective criteria in the joint
U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit, two uncovered boatlifts are allowed.
Page 50
(f) If a survey is performed in accordance with the methods described in
the procedure section of this document, section I.3, and SAV is absent (including
seagrass, tidal freshwater SAV and emergent vegetation), THEN no design
restrictions are required and boatlifts may include a cover.
(g) A pile supported structure located within Johnson’s seagrass critical
habitat will be constructed to the following standards:
(i) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then seagrass is presumed present and the
pile-supported structure must comply with or provide a higher level of protection than, the
protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries
Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) with the sole exception of the number of allowable boat
lifts. For the purposes of this permit, two uncovered boatlifts are allowed.
(ii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is absent and the project is
1. A dock replacement in the same footprint, no design restrictions are required.
2. A new dock or dock expansion THEN pile-supported structure must comply
with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s
“Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries
Service updated November 2017 (Attachment 11). For the purposes of this
permit, two uncovered boatlifts are allowed.
(iii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including
seagrass, tidal freshwater SAV and emergent vegetation), then pile-supported structure
must comply with or provide a higher level of protection than, the protective criteria in
the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s
“Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11). For the purposes of this permit, two uncovered
boatlifts are allowed.
23. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 30) describes the presence of North Atlantic right whales in the area and
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the Federal regulations governing the approach to North Atlantic right whales. The
FDEP or Designee will attach the North Atlantic Right Whale Information Form to their
authorizations for any dock project (new construction, repair, or replacement) at a
private residence located within 11 nautical miles of an inlet that leads to areas within
the known range of North Atlantic right whale. These zones, with an 11 nm radius, are
described by the North Atlantic Right Whale Educational Sign Zones, Attachment 7
(from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive). (Reference JAXBO PDC
A2.4).
24. Educational Signs. For commercial, multi-family, or public facilities, and marine events,
signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2
and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile
Supported Structures and Anchored Buoys, starting on page 112.):
a. For commercial, multi-family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to
vessel strikes and hook-and-line captures. The most current version of the signs that must
be downloaded and sign installation guidance are available at:
(https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational-
signs). The signs required to be posted by area are stated below:
https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational-
signs
(1) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) Projects within the North Atlantic right whale educational sign zone shall
post the Help Protect North Atlantic Right Whales sign.
(3) On the east coast of Florida, projects located within the St. Johns River and
those occurring north of the St. Johns River to the Florida-Georgia line shall post the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
Key, Florida north to the Florida-Alabama line.
25. Monofilament Recycling Bins. For commercial, multi-family, or public facilities,
monofilament recycling bins must be provided as described below (Reference: The
below replicates PDC A.2.3 within the table PDCs Specific to Activity 2 – Pile
Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.):
a. For commercial, multi-family, or public facilities, monofilament recycling bins must
be provided at the docking facility to reduce the risk of turtle or sawfish entanglement
in, or ingestion of, marine debris. Monofilament recycling bins must:
(1) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
Page 52
(2) Be maintained in working order and emptied frequently (according to
http://mrrp.myfwc.com standards) so that they do not overflow.
26. Lighting for docks installed within visible distance of ocean beaches. If lighting is
necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is
explained and examples are provided on the Florida Fish and Wildlife Conservation
Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/
(Reference: JAXBO PDC A2.8.).
27. Construction Location. Project construction shall take place from uplands or from
floating equipment (e.g., barge); prop or wheel -washing is prohibited (Reference:
JAXBO PDC A2.9.).
28. Aids to Navigation (ATONs). ATONs must be approved by and installed in accordance
with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C,
part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements)
(Reference: JAXBO PDC A2.5.).
29. Aids to Navigation (ATONs) in Acropora critical habitat. The distance from ATONs to
ESA-listed corals and Acropora critical habitat (Attachment 20) shall ensure there are no
impacts to the corals or the essential feature of Acropora critical habitat from the
movement of buoys and tackle. The appropriate distance shall be based on the size of the
anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly
when the design of the ATON does not prohibit the contact of tackle with the marine
bottom. In all cases, buoy tackle will include flotation to ensure there is no contact
between the anchor chain or line and the marine bottom (Reference: JAXBO PDC
A2.10.).
30. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.):
(1) ATONs (pile-supported and anchored buoys) are allowed in nearshore
reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA
DPS) of loggerhead sea turtle critical habitat.
(2) No other pile-supported structures are allowed in nearshore reproductive
habitat.
General Conditions for All Projects:
1. The time limit for completing the work authorized ends on July 27, 2026.
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
Page 53
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the
new owner on the enclosed form (Attachment 10) and forward a copy of the permit to
this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit.
6. You must allow representatives 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.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
Page 54
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
3. Reliance on Applicant’s Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit
at any time the circumstances warrant. Circumstances that could require a reevaluation
include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CER 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. 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. To validate the transfer of this permit and the
associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date the enclosed form.
7. 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, relocation or
alteration.
Page 55
Department of the Army Permit Transfer for SPGP VI-R1
PERMITEE: _________________________________________________
PERMIT NUMBER: ___________________________________ DATE: ___________
ADDRESS/LOCATION OF PROJECT:
______________________________________________________________________
______________________________________________________________________
(Subdivision) (Lot) (Block)
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 Branch, Post Office Box 4970, Jacksonville, FL
32232-0019.
___________________________________________ _____________________
(Transferee Signature) (Date)
_____________________________________________________________________
(Name Printed)
_____________________________________________________________________
(Street address)
______________________________________________________________________
(Mailing address)
______________________________________________________________________
(City, State, Zip Code)
Page 56
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 57
Page 58
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential
presence of these species and the need to avoid collisions with sea turtles and smalltooth
sawfish. All construction personnel are responsible for observing water-related activities
for the presence of these species.
b. The permittee shall advise all construction personnel that there are civil and criminal
penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are
protected under the Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish
cannot become entangled, be properly secured, and be regularly monitored to avoid
protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the National Marine
Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at “no wake/idle” speeds
at all times while in the construction area and while in water depths where the draft of the
vessel provides less than a four-foot clearance from the bottom. All vessels will
preferentially follow deep-water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of
operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish.
Operation of any mechanical construction equipment shall cease immediately if a sea turtle
or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not
resume until the protected species has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service’s Protected Resources Division
(727-824-5312) and the local authorized sea turtle stranding/rescue organization.
Page 59
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the
construction of a project, shall be reported immediately to NMFS’s Protected Resources
Division (PRD) at (727-824-5312).
i. Reports to NMFS’s Protected Resources Division (PRD) may be made by email to
takereport.nmfsser@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations’ contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
l. All work must occur during daylight hours.
Page 60
Existing wood dock andwood piles to be removed94'-6"Existing wood mooringpile to be removedExisting temporary concretebatter piles to be removed(typ. of 3)Sheet 1 of 6Project:Proposed Dock / Seawall RepairJVK Investments LLC4321 Intracoastal DriveHighland Beach, Florida 33487MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netB&M MARINE CONSTRUCTION INC1211 South Military Trail, Suite 200Deerfield Beach, Florida 33442(954) 421-1700PREPARED FOR:See attached survey supplied byowner for exact property information.LAKE
Location MapExisting Site PlanScale: 1" = 20'No tree will be removed orreplanted as part of this permitSoutheast DistrictPermit Number 50-430961-001,002,003-EEPage 61
15'45'94'-6"44'-6"25'25'94'-6" of new 36" wide x 16" concrete capwith (11) 12" x 12" concrete vertical piles,(11)new 12" x 12" concrete batter pilesand concrete panels8'-9" fromproperty lineProposed 44'-6" x 5' (223sf) wooddock on (6) 10"Ø wood piles5'3'8'6'-6" fromwetfaceProposed 40,000lb No ProfileBoat Lift on (10) 12"x12"concrete pilesProposed 100'-6" of10" x 8" retaining wall8"Sheet 2 of 6MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netB&M MARINE CONSTRUCTION INC1211 South Military Trail, Suite 200Deerfield Beach, Florida 33442(954) 421-1700PREPARED FOR:Project:Proposed Dock / Seawall RepairJVK Investments LLC4321 Intracoastal DriveHighland Beach, Florida 33487LAKEProposed Site PlanScale: 1" = 15'Southeast DistrictPermit Number 50-430961-001,002,003-EEPage 62
Overall Plan ViewSCALE: 1/8" = 1'-0"94'-6"9"18"(typ.)8'-5"3'Form and pour concrete plugbetween new seawall and adjacentseawall (typical each end)4"New 12' x 12' prestressedconcrete batter piles24" wide woven filter fabric full lengthof panel, fasten to panel with 1/2"furring full lengthNew seawallpanels9'-4" (typ.)New 12' x 12' prestressedconcrete vertical piles9' (typ.)Form and pour concrete plugbetween new seawall and adjacentseawall (typical each end)8"Proposed 100'-6" of10" x 8" retaining wall(6) #5 bars continuous#3 stirrups @ 18" on centerCap Steel DetailScale: 1/2" = 1'-0"3/4" ChamferNew 12x12 prestressedconcrete batter piles3"(typ.)4"New 12x12 prestressedconcrete vertical pilesNew concretepanelsNew wetface3'1'-4"1'-6"8"10"(1) #5 bar continuouswith #5 "L" bars hooked intoconcrete cap @ 18" on centerMLW -1.9' NAVDMHW +0.3' NAVDExisting bermto remainExisting wetfaceExisting seawalland cap to remainElev. = +4.26' NAVD Property LineNewwetfaceSeawall SectionScale 1/4"= 1'-0"3123'1'-4"New 12" x 12" prestressedconcrete batter pilesNew 12" x 12" prestressedconcrete vertical piles1'-6"94'-6" of new 36" wide x 16" concrete capwith (11) 12" x 12" concrete vertical piles,(11) new 12" x 12" concrete batter pilesand concrete panelsMin. 3'1'-6" wetfaceto wetfaceElev. = +6.5' NAVDGradeNew concrete panels8"10"Elev. = +7.33' NAVDProposed 100'-6" of10" x 8" retaining wallSheet 3 of 6MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netB&M MARINE CONSTRUCTION INC1211 South Military Trail,Suite 200Deerfield Beach, Florida 33442(954) 421-1700PREPARED FOR:Project:Proposed Dock / Seawall RepairJVK Investments LLC4321 Intracoastal DriveHighland Beach, Florida 33487Southeast DistrictPermit Number 50-430961-001,002,003-EEPage 63
14675'5"5"44'-6"94'-6" of new 36" wide x 16" concrete capwith (11) 12" x 12" concrete vertical piles,(11) new 12" x 12" concrete batter pilesand concrete panelsFraming PlanScale 1/4"= 1'-0"35986'-6" fromwetface3'8'8"Proposed 100'-6" of10" x 8" retaining wallNewwetfaceMLW -1.9' NAVDMHW +0.3' NAVDExisting bermto remainExisting wetfaceExisting seawalland cap to remainElev. = +4.26' NAVD Property LineNew concrete panelsNewwetface3123'1'-4"New 12" x 12" prestressedconcrete batter pilesNew 12" x 12" prestressedconcrete vertical piles1'-6"Min. 3'1'-6" wetfaceto wetfaceGradeDock SectionScale 1/4"= 1'-0"5'4'937616'-6" fromwetface458'Elev. = +6.5' NAVD8"10"Elev. =+7.33' NAVDProposed 100'-6" of10" x 8" retaining wall94'-6" of new 36" wide x 16" concrete capwith (11) 12" x 12" concrete vertical piles,(11) new 12" x 12" concrete batter pilesand concrete panelsDOCK NOTE IDENTIFICATION:1.New 10"Ø wood piles2.Not used3.4" x 4" hanger to retaining wall with (1) 5/8" wedge anchor, min. 4" embedment4.2" x 8" substringer with (2) 5/8" thru bolt or lag bolt @ piles and hangers5.(2) 2" x 8" stringers @ piles with (1) 5/8" thru bolt or lag bolt to piles6.2" x 8" stringers w/ (2) 16d nails to each substringer; @ 16"o.c. for azek deckboardsor 24"o.c.. for pressure treated wood deckboards7.5/4" x 6" decking with (2) #8 x 3" deck screws per stringer8.2" x 8" fascia board9.2" x 4" wood trimSheet 4 of 6MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netB&M MARINE CONSTRUCTION INC1211 South Military Trail,Suite 200Deerfield Beach, Florida 33442(954) 421-1700PREPARED FOR:Project:Proposed Dock / Seawall RepairJVK Investments LLC4321 Intracoastal DriveHighland Beach, Florida 33487Southeast DistrictPermit Number 50-430961-001,002,003-EEPage 64
No Profile Boat Lift SectionScale 1/4"= 1'-0"15'Proposed 40,000lb NoProfile Boat Lift on (10)12"x12" concrete pilesMLW -1.9' NAVDMHW +0.3' NAVDExisting bermto remainExisting wetfaceExisting seawalland cap to remainElev. = +4.26' NAVD Property LineNew concrete panelsNewwetface3123'1'-4"New 12" x 12" prestressedconcrete batter pilesNew 12" x 12" prestressedconcrete vertical piles1'-6"Min. 3'1'-6" wetfaceto wetfaceGrade5'4'6'-6" fromwetface8'Elev. = +6.5' NAVD8"10"Elev. =+7.33' NAVDSheet 5 of 6MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netB&M MARINE CONSTRUCTION INC1211 South Military Trail,Suite 200Deerfield Beach, Florida 33442(954) 421-1700PREPARED FOR:Project:Proposed Dock / Seawall RepairJVK Investments LLC4321 Intracoastal DriveHighland Beach, Florida 33487Southeast DistrictPermit Number 50-430961-001,002,003-EEPage 65
WOOD DOCK NOTES:1.All materials to be pressure treated pine unless otherwise noted.2.All frame work materials to be Southern Pine Grade #13.All Decking materials to be grade #1 unless otherwise noted.4.All hardware to be Stainless Steel or Galvanized unless otherwise noted.PILE NOTES:1.Wood piles to be 2.5 lb. CCA treated in accordance with AWPA standard C18.2.Wood piles shall be a minimum diameter of 10", Miami Dade County requires minimum diameter of 12".3.Concrete piles shall attain 6000 psi compressive strength in 28 days.4.Concrete piles shall be reinforced with four - 716"Ø lo-lax strands, 270 kips, and 5 ga. spiral ties.5.Concrete piles shall be 12"x12" square, minimum length of 20'.6.Concrete piles shall be cut to leave strands exposed a min. of 18" and tied to dock or cap steel or drilland epoxy (2) #5 8"x12" hook bars 6" into pile.PILE DRIVING:1.Piles shall be driven using an approved cushion block consisting of material so arranged so as toprovide the transmission of hammer energy.2.Piles shall be driven to required capacity (min. 10 tons) a minimum of 8' into berm or refusal.3.Piles shall be driven with a drop hammer or gravity hammer provided the hammer shall weight no lessthan 3,000 pounds, and the fall of the hammer shall not exceed 6'.4.Piles shall be driven with a variation of not more than 14 inch per foot from the vertical, or from the batterline indicated, with a maximum variation of the head of the pile from the position shown on the plans ofnot more than three inches.5.Where piling must penetrate strata offering high resistance to driving, the structural engineer of recordor special inspector may require that the piles be set in pre-drilled or punched holes. The piles shallreach their final penetration by driving.GENERAL NOTES:1.Construction to follow the Florida Building Code 7th Edition (2020) and amendments as applicable and allLocal, State and Federal Laws.2.Licensed contractor shall verify the existing conditions prior to the commencement of the work. Any conflictsor omissions between existing conditions or the various elements of the working drawing shall be brought tothe attention of the Engineer prior to the commencement of the work. The Licensed Contractor and allsubcontractors are responsible for all lines, elevations, and measurements in connection with their work.3.Do not scale drawings for dimensions.4.Any deviation and/or substitution from the information provided herein shall be submitted to the Engineer forapproval prior to commencement of work.5.All unanticipated or unforeseen demolition and/or new construction conditions which require deviation fromthe plans and notes herein shall be reported to the Engineer prior to commencement of work.6.All new work and/or materials shall conform to all requirements of each administrative body having jurisdictionin each appertaining circumstance.7.All new materials and/or patchwork shall be provided to match existing materials and/or adjoining work wherepractical except as specifically noted herein.8.Licensed Contractor to shall use all possible care to protect all existing materials, surfaces, and furnishingsfrom damage during all phases of construction.9.Licensed Contractor to verify location of existing utilities prior to commencing work.10.The Licensed contractor to install and remove all shoring and bracing as required for the proper execution ofthe work.11.Licensed Contractor to obtain all permits as necessary from all Local, State, and Federal agencies.12.Turbidity barriers to be marked with site contractor's company name using permanent markings no smallerthan 3 inches in height on the top of the barrier.CONCRETE NOTES:1.Concrete shall conform to ACI 318-14 and shall be regular weight, sulfate resistant, with a design strength of 5000 psi at28 days with a maximum water-cementitious materials ratio, by weight aggregate concrete of 0.40.2.Owner shall employ and pay for testing services from an independent testing laboratory for concrete sampling andtesting in accordance with ASTM.3.Licensed contractor is responsible for the adequacy of forms and shoring and for safe practice in their use and removal.4.Concrete cover shall be 3" unless otherwise noted on the approved drawings.5.Reinforcing steel shall be in conformance with the latest version of ASTM A615 Grade 60 specifications. Allreinforcement shall be placed in accordance with ACI 315 and ACI Manual of Standard Practice.6.Splices in reinforcing bars shall be not be less than 48 bar diameters and reinforcing shall be continuous around allcorners and changes in direction. Continuity shall be provided at corners or changes in direction by bending thelongitudinal steel around the corner 48 bar diameters.7.Defective, cracked or loose concrete areas must be cut out, the rebar must be cleaned, coated with zinc and repairedwith at least 3" of expoxy-concrete mix or gunnite concrete with sulfate-resistant cement.Sheet 6 of 6MARK E. WEBER, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netB&M MARINE CONSTRUCTION INC1211 South Military Trail,Suite 200Deerfield Beach, Florida 33442(954) 421-1700PREPARED FOR:Project:Proposed Dock / Seawall RepairJVK Investments LLC4321 Intracoastal DriveHighland Beach, Florida 33487Southeast DistrictPermit Number 50-430961-001,002,003-EEPage 66
Permitting Agency's Internal Use Only:
Application #
Reviewer Last Name
Yes
Indicate the agency issuing the permit/authorization.
No Is this a re-verification, edit, or modification to a consultation previously submitted under JaxBO?
If yes to above, enter date of previous Tier II consultation
If another NMFS programmatic BO was used for the proposed project, please select name of programmatic BO used.
Project Street Address
City
County (Florida)
Latitude (decimal degrees, centroid of the project)
Longitude (decimal degrees, centroid of the project. Please include the negative symbol)
Municipality (Puerto Rico & USVI)
Select all activities used for the entire proposed project:
1 2 3 4 5 6 7 8 9 10 Superseding Process
If Essential Features are present, enter area of impact
Smalltooth Sawfish DCH Limited Exclusion Zones (AP.4) Yes No
LF of Red Mangroves SF of shallow euryhaline water
Gulf Sturgeon DCH Migratory Restriction Zones (AP.4)Yes No
Atlantic Sturgeon DCH Exclusion Zone (AP.4) Yes No
North Atlantic Right Whales Educational Sign Zones (AP.4)Yes No
U.S. Caribbean Sea Turtle Critical Habitat Restriction Zones (AP.4)Yes No
Bryde’s Whale Exclusion Zone (AP.4) Yes No
Smalltooth sawfish DCH Yes No Yes No
Gulf sturgeon DCH Yes No Yes No SF of essential features
Loggerhead sea turtle (NWA DPS) DCH2 Yes No Yes No SF of essential features
Green sea turtle (NA DPS) DCH Yes No Yes No SF of essential features
Hawksbill sea turtle DCH Yes No Yes No SF of essential features
Leatherback sea turtle DCH Yes No Yes No SF of essential features
Staghorn and elkhorn (Acropora) coral DCH Yes No Yes No
Johnson's seagrass DCH Yes No Yes No SF of essential features
North Atlantic right whale DCH Yes No Yes No SF of essential features
Atlantic sturgeon DCH Yes No
Mangroves Yes No
Nonlisted Seagrass Yes No
Johnson's Seagrass Yes No
Listed Corals Yes No
Nonlisted Corals Yes No
Hardbottom Yes No
SF of Overwater Impacts (area of structure over/above the water surface, e.g., docks or canopies)
SF of Total In-water Impacts (area of substrate that is permanantly changed below MHW, e.g., by seawall, riprap, or cross-sectional area of piles)
Yes
Yes
Yes
Yes
Applicant agrees to adhere to PDCs for In-Water Activities (AP.1) as described in AP.7 through AP.11
Applicant agrees to perform all activities during daylight hours (AP.6).
Is the project within the boundary of the Florida Keys National Marine Sanctuary (FKNMS)?
If within the boundaries of FKNMS, received NOAA authorization?
To be completed by applicant or agent if permit is issued by a delegated authority (FDEP, Miami-Dade, etc.) Please enter full name of applicant or applicant's representative:
The applicant or applicant's representative ensures the project complies with the PDCs and all information in this form and individual checklist(s) is correct
Comments:
N/A
N/A
(for Corps: SAJ-XXXX-XXXXX)
Are Essential Features
Present?
N/A
N/A
N/A
N/A
Project Design Criteria Checklist for the U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion
Summary Checklist (Must be submitted with all projects)
The Corps Project Manager or Delegated Authority has reviewed and confirmed that the proposed project meets all PDCs. It is the responsibility of the reviewer to ensure the proposed project complies
with all the applicable PDCs. Please enter initials of reviewer.
(MM/DD/YY)
Date checklist sent to NMFS
Resource Present in the project footprint?Square Feet of Impact
Geographic Area
Is the project located in
the geographic area?
No activities allowed here!
No activities allowed here!
No activities allowed here!N/A
No impacts to essential features allowed.
N/A
N/A
N/A
N/A
No
Select DCH
Unit
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1 Checklist Version: Select 1 if it is the first time you are submitting the consultation. Select 2 if you made an error or the project has changed and you need to resubmit the checklist.
2 The project may be located in two different Loggerhead DCH Units. Select all that apply. If there are more than two, please add to the Comments section.Version (4) 11/24/2018
Is the Project in or near areas with mangroves, seagrasses, corals, or hard bottom habitat? Does it comply with PDCs for Mangroves, Seagrasses, Corals, and Hard Bottom for All Projects (AP.3)
Checklist Version1 02/13/23 Miles_M 50-430961-001,002,003-EE 1
FDEP
MM
4321 Intracoastal Drive
Highland Beach
Palm Beach
26.398723
-80.069108
Highland Beach
4 4
No/No
747.50
179.75
4
4
Kathy Cartier
Page 67
Agency internal use:
PM Last Name
Dock New Chickees
Dock Repair ATONS/PATONS
Dock Replacement
Mooring/Dolphin piles
Mooring buoys
Mooring fields Boatlift
Select the type/use of the strucure
Total number of existing dry slips
Total number of proposed dry slips
Total number of existing wet slips
Total number of proposed wet slips
Project in Open-Water or Confined-Space Environment (AP.2; Section 2.2)?
Pile Type 1
Number of Piles
Size of each Pile (sq.ft.)
Pile Material
Installation Method
Pile Type 2
Number of Piles
Size of each Pile (sq.ft.)
Pile Material
Installation Method
Pile Type 3
Number of Piles
Size of each Pile (sq.ft.)
Pile Material
Installation Method
Pile Type 4
Number of Piles
Size of each Pile (sq.ft.)
Pile Material
Installation Method
For commercial/multi-family/public docking facilities/monofilament recycling bins will be installed. (A2.3)
North Atlantic Right Whale Educational Sign Zone: Is the North Atlantic right whales handout included as special condition of permit (A2.4.)?
Does the project include a municipal or commercial fishing pier?
Is dock within visible distance of an ocean beach? If yes; is turtle-friendly lighting installed as required by JAXBO (A2.8)?
Will project construction take place from uplands or from floating equipment (e.g. barge) as required (A2.9)?
Dock Construction Scenario included as a special condition (A2.17)?
For projects located in Designated Critical Habitat; please complete applicable section below:
Is project located in smalltooth sawfish limited exclusion zone?
Is the project located in the geographic area of Gulf Sturgeon Critical Habitat?
Enter width of the area (e.g. channel/ bay) if in a the Gulf sturgeon critical habitat migratory restriction zone (Section 2.1.1.2)
Select additional noise restrictions required as special condition in Gulf sturgeon critical habitat migratory restriction zones (A2.11).
Is the project located in the geographic area of Acropora Critical Habitat?
Are essential features present?
Water depths (insert range of water depths where project will occur as minus MLW)
Project includes a new marina or multifamily facility (A2.14)?
Does the project include repair/replacement and reconfiguration of existing marinas or multi-family facilities?
If project is repair/replacement and reconfiguration of existing marinas or multi-family facilities then select all that apply under JAXBO (A2.14):
Occurs within same overall footprint (out to the perimeter of the facility including the outer limits of the structure and permitted mooring locations).
Does not increase the total aerial extent (i.e. area of coverage from the dock structures) of the existing facility.
Does not affect Johnson’s seagrass.
Is the project located in the geographic area of Nearshore Reproductive Habitat of NWA DPS of Loggerhead Sea Turtle Critical Habitat?
Does the project include the installation of a structure other than ATONs (A2.15)?
Is the project located near sea turtle nesting beaches in the geographic area of U.S. Caribbean Sea Turtle Critical Habitat?
Does the project include the installation of a structure other than ATONs near sea turtle nesting beaches (A2.16)?
Comments:
Project Design Criteria Checklist for the U.S. Army Corps of Engineers Jacksonville District's Programmatic Biological Opinion (JAXBO)
Activity 2: Pile Supported
Date checklist sent to NMFS
(MM/DD/YY)Application #
Temporary structures/buoys
Other (Provide description in Comments box at bottom)
Please note this checklist does not contain all of the PDCs. Please refer to the Biological Opinion to confirm the project meets all
PDCs prior to completing this checklist. Notes in parenthesis refer to corresponding section of JAXBO.
Version (4) 11/24/2018
For commercial/multi-family/public facilities and marine events which of the following signs will be posted (A2.2.) Select all that apply:
Checklist Version
Proposed Activity (Select all that apply):
Enter information about the proposed activity:
Is the project located in the geographic area of Smalltooth Sawfish Critical Habitat?
Is the project located in the geographic area of Johnson's Seagrass Critical Habitat?
Save Sea Turtle/ Sawfish/ and Dolphin Sign Help Protect North American Right Whale Report Sturgeon U.S. Caribbean
Piling Installation Data: Enter data as appropriate for different pile types used. JAXBO does not cover installation of metal piles or sheet piles with impact hammer (AP 2; Section 2.2).
Select Noise PDC Category (AP.2.) as detailed in (Section 2.2).
Is hardbottom present in project footprint? (AP.14).
02/13/23 Miles_M 50-430961-001,002,003-EE 1
4
4 4
Pile Pile
6 10
1 1
Wood Concrete
Impact Hammer Impact Hammer
1
Open-Water
0
10
B
Single-family
NA
NA
No
No
Yes
No
No
No
No
No
No
Page 68
Agency's internal use only:
PM Last Name
For projects located in Designated Critical Habitat, please complete applicable section below.
Project does NOT include placement of new shoreline stabilization materials in waters between the MHWL and -3 ft MLLW (A1.8.1.).
Enter area (sf) of shallow euryhaline waters filled as a result of seawall installation
Enter area (sf) of shallow euryhaline waters filled as a result of upland cut fill
Is the project located in the geographic area of gulf sturgeon critical habitat?
All new shoreline stabilization materials (e.g., riprap,articulating concrete mats) are placed between the shoreline and -6 ft MHW (A1.9.).
Enter width of the area (e.g., channel, bay) if in a Gulf Sturgeon Critical Habitat Migratory Restriction Zone (Section 2.1.1.2)
Select the pile or sheet pile activity being performed in Gulf Sturgeon Critical Habitat Migratory Restriction Zones (A1.9.)?
Is the project located in the geographic area of Acropora critical habitat?
Essential features present, so only repair/replace in same footprint. (A1.10)
Is the project located in the geographic area of Johnson’s seagrass critical habitat?
Essential features are present, confirm that installation of new or expanded shoreline stabilization material is not occurring (A1.11).
Is the project located within the geographic area of U.S. Caribbean sea turtle critical habitat?
Project includes the repair/replacement of shoreline protection materials within the existing footprint (A1.12.).
Comments:
Seawall material
Seawall installation method
Select Noise PDC Category (AP.2.)
Seawall: Length (ft)
Seawall: Distance waterward from MHWL or existing seawall (ft)
Riprap: Length
Riprap: Distance waterward from MHWL or existing seawall
Is shoreline stabilization material hand placed around red mangrove prop roots? (A1.3)
Project Design Criteria Checklist for the U.S. Army Corps of Engineers Jacksonville District's
Programmatic Biological Opinion Activity 1: Shoreline Stabilization
Application # Date checklist sent to NMFS (MM/DD/YY)
Please note, this checklist does not contain all of the PDCs. Please refer to the Biological Opinion to confirm the project
meets all PDCs prior to completing this checklist.
Version (4) 11/24/2018
Number of piles
Size of piles (area in square feet)
Pile Material
Pile Installation Method
Proposed Activity (Select all that apply):
(QWHULQIRUPDWLRQDERXWWKHSURSRVHGDFWLYLW\:
Checklist Version
New Seawall
Repair Seawall
Replacement Seawall
New Seawall Footer
Replacement Seawall Footer
New Shoreline Stabilization Materials
Repair Shoreline Stabilization Materials
Removal/Fill of Upland Cut Boat Ramps, Slips, and Basins
Other (Provide Information in Comments Section
Is the project located in the geographic area of smalltooth sawfish critical habitat?
02/13/23 Miles_M 50-430961-001,002,003-EE 1
4
4
Concrete 22
Impact Hammer 1
B Concrete
94.50 Impact Hammer
1.50
No
No
No
No
No
Page 69
Page 70
Page 71
Page 72
Page 73
Page 74
Page 75
Page 76
Page 77
PUBLIC NOTICE
APPLICATION NO. 23-0005
500 Ft Public Notification Boundary
September 05, 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, September 21, 2023 at 9:30 AM in the
Community Room of the Town Library located at 3618 South Ocean Boulevard,
Highland Beach, Florida to consider the following application.
APPLICATION BY WILLIAM THOMAS, UNLIMITED PERMIT SERVICES, INC,
FOR A SPECIAL EXCEPTION REQUEST TO INSTALL APPROXIMATELY 95
LINEAR FEET OF SEAWALL AND SEAWALL CAP, APPROXIMATELY 101 FEET
OF RETAINING WALL, A 223 SQUARE FOOT DOCK, AND A 40,000 POUND
CAPACITY NO PROFILE BOAT LIFT FOR THE PROPERTY LOCATED AT 4321
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.
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 78
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 Sep 11, 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: September 11, 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
7490025
SUN-SENTINEL
Page 79
Order # - 7490025
SUN-SENTINEL
Page 80
SUN-SENTINEL
Page 81
File Attachments for Item:
A. Ongoing discussion of proposed changes (“amendment concepts”) to the Accessory Marine Facility
(AMF) and seawall regulations of the Town Code
Page 82
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Planning Board (“Board”) Meeting
MEETING DATE September 21, 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 August 10, 2023 Planning Board meeting, Board discussion on the proposed
amendment concepts to the AMF and seawall regulations of the Town Code included the
following:
-No side setback for docks Townwide; however, keep proposed minimum 10 foot side setback
for all other accessory marine facilities Town wide (For lots less than 100 feet in width, setback
is 10% of width, setback cannot be less than 5 feet).
-Provide one (1) ladder for each 100 feet abutting waterway, canal or lake, for properties less
than 100 feet, provide one ladder. Ladder shall be either adjustable or fixed and shall extend
into the water at mean low tide. Require a building permit for marine-related ladders.
- Encroachment into water for AMFs at 25 feet or 25 percent of the waterway to be measured
from wetface of seawall or bulkhead.
- 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.
For reference purposes, the Board’s previous discussions on the amendment concepts are
provided in the tables below:
July 13, 2023
Dr. Michael G. Jenkins of ATM (the Town’s Coastal and Marine consultant) recommended a
maximum seawall height of Base Flood Elevation (BFE) plus one (1) foot. Note that Section
6-128(b) of the Town Code provides a minimum seawall height (for seawalls west of State
Road A1A) at BFE or higher as provided by the FEMA FIRM maps. The Board agreed on Dr.
Jenkin’s recommendation on a draft basis.
- Type and distance of ladders (concept tabled).
- Encroachment into water for AMFs at 25 feet or 25 percent of the wat erway to be measured
from wetface of seawall. For unique encroachment circumstances, require marine expert
review.
- No marine side setbacks for docks; however, boat lifts should have setbacks (Note that the
Town Code currently requires a marine setback for AMFs including docks for properties
located in Single-Family zoning districts).
Page 83
- Dr. Jenkins agreed with the proposed amendment concept that would exempt personal
watercraft lifts (e.g. jet ski lifts) from the definition of boat lift which requires that the lift cannot
be higher than the superstructure of the boat when lifted.
June 8, 2023
The Planning Board indicated that they wish to discuss the following items at the July 13, 2023
Board meeting:
- Height of seawall
- Mooring setback
- Ladder(s) on docks or seawalls
May 11, 2023
AMENDMENT CONCEPT BOARD DISCUSSION (staff response in italics)
NA Consider mooring setback to address moored boats extending
beyond individual property lines.
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.
-Maintain current accessory marine facility setbacks for those
single-family properties located within Byrd Beach (if majority of
residents agree).
-What was the intent for the proposed change to the accessory
marine facility setback? The previous Vice-Mayor, Greg Babij, was
authorized by the Town Commission to sponsor a review and
propose any amendments to the current accessory marine facility
regulations. Mr. Babij prepared a draft report on the proposed
amendment concepts which was provided to the Town
Commission at their March 15, 2022 Commission meeting (draft
report provided to Board).
Requesting additional Board site visit on the Town’s marine patrol
vessel to assess existing docks in multifamily zoning districts and
how they may be impacted by the proposed amendment concept.
The Town Manager, Marshall Labadie, has agreed to such
request. Staff will be coordinating site visits with members of the
Board.
April 13, 2023
AMENDMENT CONCEPT BOARD DISCUSSION (staff response in italics)
Maximum height for AMF = BFE plus 7
feet.
There should be limit, look to Board member Brown for
input.
Require a ladder for every 50 feet of
dock.
Reasonable for health and safety. Consider requirement
not just for docks but include seawalls. Location of
ladder should not interfere with the docking or mooring
of vessel.
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.
Agree to apply setback for multifamily zoning districts as
proposed.
Page 84
NA Floating docks should be part of the amendment (Note
that according to Section 30-68(h)(6) of the Town Code,
floating docks are subject to conformance will all zoning
requirements). Town Attorney, Len Rubin, indicated that
there may be some leeway in regulating setbacks for
“floating vessel platforms” and “floating boat lifts” for
which Florida Statutes currently provides an exemption.
Mr. Rubin will update the Board on this matter at the May
11th meeting.
Maximum seawall height Expert to testify. Staff has reached out to the Town’s
marine expert, ATM, and will advise the Board on their
availability to appear at a Board meeting.
Encroachment into water at 25 feet or
25% of waterway width, whichever is
less (measured from the shortest
distance adjacent to the property line)
Measure from closest landward position (to
accommodate PL in the water). Apply 25 feet or 25%
encroachment to canals and lakes only exclude
Intracoastal Waterway.
March 9, 2023
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:
- Proposed amendment concepts list
- Draft report from previous Vice-Mayor Greg Babij (presented to the Town Commission on
March 15, 2022)
- ATM report (dated 2-11-2022)
RECOMMENDATION:
At the discretion of the Board.
Page 85
PROPOSED AMENDMENT CONCEPTS
• Maximum height for Accessory Marine Facili�es = Base Flood Eleva�on
(BFE) plus 7 feet.
• Exempt personal watercra� (PWC) li�s from the requirement that “in no
case shall the li� be higher than the superstructure of the boat when li�ed”
OR remove requirement.
• 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
Page 86
DRAFT Proposed Revisions to Marine Accessory Ordinances
Abstract:
The existing marine accessory ordinances lack some detail and it is recommended they are enhanced to
provide clarity on topics that have been a source of ambiguity and contention. Items like maximum
allowable height of marine accessories, ambiguity around jetski lifts vs. boat lifts, and the process of
dealing with marine accessories in where there is a discontinuity in the waterway (i.e corner lots, end of
canals) have all been points of contention between residents and the Building Department, due to lack
of detail.
Additionally, this is an opportune time to consider revising certain other components of the current
ordinances to address anticipated future conflicts or in some cases better conform with code used by
surrounding towns.
While reviewing the recommended changes, it may be beneficial to envision the concept of a 3-
dimensional box that sits on the rear property line of any waterfront lot. Marine accessories must
completely fit within the box to be permissible. Otherwise, they would be required to go through the
process of obtaining a variance.
Summary of Recommendations
1)Define a Maximum Allowable Height of Marine Accessories:
Recommended Maximum Height: Base Flood Elevation plus 7 feet.
There have been multiple debates around what is an acceptable height of boat lifts. The current codes
only state that a boat lift shall not be higher than the superstructure of the boat when lifted, but is silent
on how high up in the air the combined boat lift and boat can be. This leaves open the potential for
installing boatlifts on top of excessively high pilings, as long as the boat lift is fully retracted so the boat
will be higher than the lift itself.
It is recommended that the “height” of the 3 dimensional box behind any waterfront property be Base
Flood Elevation plus 7 feet. Referencing Base Flood Elevation allows the ordinance to be dynamic with
sea level rise, as it is a reference datum that has been occasionally revised higher by the US Government
in conjunction with the sea level. Pilings, and also the boat lift components must not be higher than
this recommended maximum allowable height.
2)Amend existing language related to Jetski (Personal Watercraft) Lifts
The current codes are excessively onerous for jetski lifts, relative to boat lifts. As Section 30-131 is
written, the bottom of the keel of any boat shall not be hoisted greater than one foot above the
minimum seawall elevation, and in no case shall the lift be higher than the superstructure of the boat
when lifted.
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Because of the low vertical profile of a jetski (3 feet) relative to the vertical profile of a boat lift (7 feet),
a boat lift can be installed to hold a boat, but the very same boat lift would not be permissible if it is
used to instead lift a jetski.
It is recommended the current code be amended by either by removing the section that states in no
case shall the lift be higher than the superstructure of the boat when lifted, or simply exempt jet skis
(personal watercraft) from this code.
3)Define a maximum width of a seawall cap and also a maximum width of a dock out into the water.
Recommended maximum new seawall cap width of 3 feet as measured from the property line
Recommended maximum dock plus seawall cap width of 8 feet as measured from the property line
As properties are redeveloped and seawalls are replaced, there exists the potential for residents to look
to “extend” their effective usable property out into the water by building a new seawall outside of the
existing seawall. There is also the potential for properties to get extended by pouring excessively wide
seawall caps on top of new seawalls and building excessively wide docks.
By limiting the maximum seawall cap width from the property line, and also the maximum distance the
seawall cap plus dock can extend from the property line, the risk of one property owner effectively
creating their own peninsula is minimized.
It is recommended that the waterside edge of any new seawall cap be limited to 3 feet from the
property line, whether it is on top of a new wall, or is a cap raise on top of an existing wall.
Additionally, it is recommended that any new dock built is limited to a maximum distance of 8 feet out
into the water as measured from the property line. This would allow for the outer edge of neighboring
docks to all be limited to the same distance from the property line regardless of seawall cap size. For
example, if a property has a 2 foot wide seawall cap, then that property would be allowed to have a 6
foot wide dock, and meet the maximum combined width of 8 feet. While if a neighboring property has a
3 foot wide seawall cap, they would be limited to a dock width of 5 feet.
Lastly it is recommended that language be added into the code to limit the installation of no more than
1 new seawall outside of the original property seawall that abuts the property line. This eliminates the
risk that new seawalls are repeatedly installed on the waters edge side of existing seawalls, which would
effectively create a man-made peninsula.
4) Define a Maximum Distance that Marine Accessories can Extend into the Water
Recommended Maximum Distance: The lesser of 25 feet from the property line or 25% of the
waterway width.
This recommendation can be thought of as the perpendicular edge of the 3 dimensional box, as
measured from the property line straight out into the water.
The town codes [Sec. 30-68(g)(6)a and b] simply defer to the Army Core of Engineers for approval of
distance into water. It is recommended that the maximum distance be limited to the lesser of 25 feet or
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25% of the width of the canal or waterway. Additionally, this distance will be measured from the
shortest distance between the two properties in question.
This maximum distance of 25 feet is not an arbitrary value. It was chosen to allow residents to mix and
match combinations of seawall cap widths, dock widths and boat lift widths of reasonable size without
having to obtain a variance.
The chart below shows the various widths of boatlifts ranging from small boats to very large boats.
For illustration, a typical 40 ft powerboat may weigh 30,000 to 40,000 lbs., and that lift is 16 ft wide
(center to center) which is 17 ft wide when measured to the outsides of all pilings.
This very standard lift size could be installed at any home that has also conformed to the recommended
seawall cap and dock widths, and stay at the 25 ft maximum distance:
3 ft seawall cap + 5 foot dock + 17 foot boatlift = 25 ft.
On the larger end of the spectrum, a 120,000 lb boatlift could hold about the largest size boat an owner
would probably want to be able to lift behind a residential property. That boatlift is 22 ft wide center
to center, which would be 23 feet wide to the outsides of the pilings. This “mega lift” could still fit in a
back yard, but it would have to be right up against a seawall cap, as there is no room for a dock. Early
seawall caps were 2 feet wide, and newer caps are 2.5 feet to 3 feet wide. Also note this lift could be
installed at a property that has a 3 foot new cap, by notching out 1 foot where the inside pilings are
installed. And again this is an extreme outlier example.
A much more typical boat lift for very large boats would be a 50,000 or 60,000 or even possibly an
80,000 lb. lift and the widths there easily stay within the maximum 25 foot threshold with a 3 foot wide
seawall cap.
I am not sure Highland Beach has ever had a request to install an 80,000 or 120,000 lb. boatlift, as those
are a very rare size.
5)Amend Side setbacks to utilize a smoothed definition instead of the complicated step function
definition. Additionally apply the new definition to all property types.
The current town codes utilize a step function where the side setbacks jump at discrete intervals. For
example, if a single family zoned property is 71 feet wide, the side setbacks are 25 feet on each side.
Comparatively, if a single family zoned property is 69 feet wide, the side setbacks are 15 feet on each
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side. Additionally, there exists a different set of side setbacks for single family zoning vs multi-family
zoning. Multi-family zoning has a zero foot setback.
It is recommended that the side setbacks be a smoothed function and are less for smaller properties so
as to enhance the ability to utilize the water frontage. It is also recommended that the same set of
rules apply to all properties equally, regardless of zoning.
Recommendations for Side setbacks:
-For properties with waterline length of 100 feet or more: 10 foot side setback on either side. This
setback matches surrounding towns such as Boca Raton, Hillsboro Beach, and Ocean Ridge.
-For properties with waterline length of less than 100 feet: the side setbacks are proposed to be 10% of
property waterline length on either side, with a minimum setback of 5 feet, on either side.
Utilizing this framework, a 71 foot wide property would have side setbacks of 7.1 feet, and a 69 foot
property would have side setbacks of 6.9 feet.
Lastly, it is recommended that the current code clarify that with measurements will be made based on
the assumption that a lot line is extended beyond said pro perty line on a line perpendicular to the
seawall or bulkhead. This clarification will provide clarity when measurements are being made with
properties that have lot lines that are not perpendicular to the seawall, such as pie shaped lots.
6) Require a Ladder for every 50 feet of dock.
This is simply a requirement in most surrounding towns and our code is silent.
7)Strengthen existing language on the approval process of marine accessories in areas where there is
a discontinuity in the waterway by acknowledging that they are a “special case” and external
expertise will be utilized.
The majority of conflicts are associated with areas where there is a discontinuity in the waterway such
as an abrupt restriction in the waterway width, end of canals, or corner lots or lots that extend into a
waterway. The current code is a bit nebulous around these more complicated properties, and in some
cases boatlifts have previously been installed in locations where one property owner is inadvertently
restricting or blocking an adjacent property owner of the ability to also install a boatlift.
This situation was discussed extensively with the Marine Consultant, and in his expert opinion, no code
can be written to address every possible potential scenario within the town. His recommend course of
action is to treat any property that has a small water frontage (perhaps less than 50 feet) or that has a
discontinuity in the waterway as “a special case.” In these special cases, the standard procedure will be
to consult with a marine expert who will make recommendations to the planning board on locations and
maximum permissible sizes of marine accessories, with the intention of making sure all surrounding
property owners are not having their ability to also utilize the waterway restricted. The code already
allows for outside experts for review of development approval requests via Sec. 30-12. The
recommended code change is simply to clarify to all parties that a consultation with a marine consultant
along with a consultant recommendation to the planning board will be part of the approval process in
these special cases.
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The planning board can then decide what will be permitted. If a resident disagrees with the planning
board’s approval, and feels that their access is being restricted as a result of a marine accessory
installation, they can seek remedy through the court system.
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2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
2/11/22
Ingrid Allen
Town Planner
Town of Highland Beach
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts
Town of Highland Beach
Ms. Allen,
This correspondence is provided as additional discussion and opinion regarding changes to
Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts
as defined within sec. 30-68 of municipal code. Items are discussed relative to potential
changes to specific requirements of the current code.
1. Requirement for Accessory Marine Facilities to receive Planning Board approval
The requirement that all accessory marine facilities receive planning board approval (ref. Sec.
30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal
communities. Boat lifts are generally allowed with restrictions without planning board approval.
Board approval is typically reserved for sites with special and unique circumstance (see item 6.
below) or for variance requests from the standard provisions defined in code. The requirements
for lift installation are generally defined by code in terms of limitations to the location (setback)
and overall size of the structure. These limitations meet the intent to minimize impacts to
adjacent properties, allow for safe navigation and minimize impacts to view.
2. Requirement of setbacks for all zoning districts
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2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
Requirements for minimum setbacks for all zoning districts are a standard practice and are a
key provision to meet the intent to minimize impacts to adjacent properties, allow for safe
navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the
Town’s current code is anomalous and does not provide a sufficient setback to meet the intent.
Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The
nominal width of lots within a municipally are generally relevant to this provision. Areas with
larger lots tend to have larger setback requirements, while areas with smaller lots have lesser
setback requirements to allow for reasonable use.
3. Limits to waterway encroachment
Limitations to the distance structures can encroach into a waterway are a standard practice and
meet the intent to allow for safe navigation and minimize impacts to adjacent properties and
views. Encroachment maximum distances on the order of 25 feet (relative to the waterway
edge) are fairly common, though additional restrictions for narrow waterways are also common
practice. In general, a fifty-foot effective fairway width is a common design standard for
residential canals.
4. Limitations to pile maximum height
Limitations to maximum pile height is not a common practice but does meet the intent to
minimize impacts to view. This approach also addresses a related issue relative to overall
vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size
which addressed both issues of view and waterway navigability. In terms of maximum height, it
should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet
(NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the
lifting requirements for most vessels.
5. Limits to seawall cap and dock width
Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent
properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap
and dock) is consistent with general practice.
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2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041
6. Special and unique circumstances - Sewall discontinuities and corner lots
Regulation of boat lifts through minimum setbacks, size and height limitations are generally
sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation
and minimize impacts to view for waterways that are generally unform in dimension adjacent to
the regulated property. The majority of conflicts are associated with areas where there is a
discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or
lots that extend into a waterway. Application of uniform code provisions to address these areas
are problematic as each circumstance is unique and requires consideration of the specific
current and intended use and access to the waterway. These issues are further complicated by
the range of boat types, sizes and performance characteristics which may be germane to both
the use and potential for impact to adjacent properties. Such instances likely warrant further
consideration by the Planning Board.
Sincerely,
Applied Technology & Management, Inc.
Michael G. Jenkins, Ph.D., P.E.
Coastal Engineering Principal
Printed copies of this document are not considered signed and sealed and the signature must be verified
on any electronic copies.
Michael
G Jenkins
Digitally signed by
Michael G Jenkins
Date: 2022.02.24
09:00:36 -05'00'
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