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Land Development and Planning Project Files_4321 Intracoastal Dr._20230921_23-0005TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: September 21, 2023 Applicant/Owner: William Thomas Property Address: 4321 Intracoastal Drive, Highland Beach, FL 33487 Property Control Number: 24-43-47-04-02-004-0050 Application No. 23-0005 Preliminary Review: Final Review: install approximately 95 linear feet of seawall and seawall cap, approximately 101 feet of retaining wall, a 233 square foot dock, and a 40,000-pound capacity no profile boat lift. Amended Site Plan Review Other AT THE SEPTEMBER 21, 2023, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Denied Approved Approved with Conditions (as noted) Other: PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E., ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC. IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD’S FINDINGS: 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. MOTION: DeMoss/Powell – Moved to approve (Development Order 23-0005 as presented). Based upon a roll call: Member DeMoss (Yes), Member Powell (Yes), Member Adwar (Yes), Member Brown (Yes), Member Chudnofsky (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 09/21/2023 REVIEW GIVEN TO SUBJECT PROPERTY 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 Page 34 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. Page 38 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 Page 39 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 Page 40 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. Page 41 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. Page 46 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 Page 51 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