No preview available
2023.10.12_PB_Agenda_RegularAGENDA PLANNING BOARD REGULAR MEETING Thursday, October 12, 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. September 21, 2023 8. NEW BUSINESS A. Development Application No. 23-0008 / Nissan & Jamie Hamuy Application by David Nutter, B & M Marine Construction, Inc., for a special exception request to install a 73 linear foot seawall and seawall cap, and seven (7) bumper piles for the property located at 1017 Grand Court. 9. UNFINISHED BUSINESS A. Ongoing discussion of proposed change (“amendment concept”) to the Accessory Marine Facility (AMF) regulations, specifically a maximum height for AMFs. Page 1 Agenda – Planning Board Regular Meeting Thursday, October 12, 2023, 9:30 AM Page 2 of 2 10. ANNOUNCEMENTS October 17, 2023 1:30 AM Town Commission Meeting November 01, 2023 11:00 AM Natural Resources Preservation Advisory Board Meeting November 09, 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. September 21, 2023 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Library Community Room 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: September 21, 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 (Virtual) Board Member David Powell Board Member Roger Brown Board Member Brian DeMoss Board Member Harry Adwar Chairperson Eric Goldenberg Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ABSENT Vice Chairperson Ilyne Mendelson 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/Powell - 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: September 21, 2023 Page 2 of 4 7. APPROVAL OF MINUTES A. August 10, 2023 Motion: Adwar/DeMoss - Moved to approve the minutes as presented which passed 6 to 0. 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. 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 Power Point Presentation on Development Order No. 22-0015. The applicant was present but made no comments. The public hearing was closed and followed by a motion. Motion: Adwar/ DeMoss – Moved for approval of Development Application No. 22-0015. Based upon a roll call, Member Adwar (Yes), Member DeMoss (Yes), Member Brown (Yes), Member Powell (Yes), Member Chudnofsky (Yes) and Chairperson Goldenberg (Yes). The motion passed 6 to 0. 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. 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. Page 5 Planning Board Regular Meeting Minutes Date: September 21, 2023 Page 3 of 4 Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented a PowerPoint Presentation on Development Order No. 23-0005. Town Planner Allen mentioned 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. William Thomas, Unlimited Permit Services was present and made comments on the application paperwork. The public hearing was closed and followed by a motion. Motion: DeMoss/Powell – Moved for approval of Development Application with 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. 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 reviewed the last meetings discussion. The Board discussed ladders, piles, dolphin poles, and moorings. The next step will be for Town Planner Allen to bring the recommendations to the Town Manager and then he will let her know how to proceed and she will relay that information to the Board. Motion: Powell/DeMoss – Moved to recommend the proposed changes to the Accessory Marine Facility and seawall regulations. Based upon a roll call: Member Powell (Yes), Member DeMoss (Yes), Member Adwar (Yes), Member Brown (Yes), Member Chudnofsky (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote. Page 6 Planning Board Regular Meeting Minutes Date: September 21, 2023 Page 4 of 4 10. ANNOUNCEMENTS Chairperson Goldenberg mentioned that it would be Member DeMoss’s last meeting and he thanked him for his service to the Town. Member DeMoss made comments on his moving to Texas and leaving the Planning Board. He recognized Town Planner Allen for all of her hard work. Chairperson Goldenberg read the announcements as follows. 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 The meeting adjourned at 10:09 AM. APPROVED on October 12, 2023, Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Jaclyn DeHart 10/12/2023 ____________________________________ _____________________________ 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/vide o 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. 23-0008 / Nissan & Jamie Hamuy Application by David Nutter, B & M Marine Construction, Inc., for a special exception request to install a 73 linear foot seawall and seawall cap, and seven (7) bumper piles for the property located at 1017 Grand Court. Page 8 PLANNING BOARD STAFF REPORT MEETING OF: OCTOBER 12, 2023 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY DAVID NUTTER, B & M MARINE CONSTRUCTION, INC., FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 73 LINEAR FOOT SEAWALL AND SEAWALL CAP, AND SEVEN (7) BUMPER PILES FOR THE PROPERTY LOCATED AT 1017 GRAND COURT. (DO# 23-0008) Applicant (Property Owner): Nissan and Jamie Hamuy 1017 Grand Court Highland Beach, FL 33487 Applicant’s Agent: David Nutter B & M Marine Construction, Inc. 1211 South Military Trail #200 Deerfield Beach, FL 33442 Property Characteristics: Site Location: 1017 Grant Court Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Parcel PCN#: 24-43-47-09-00-002-0120 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 73 linear foot seawall and seawall cap four (4) feet waterward of the existing seawall as well as seven (7) bumper pilings for the property located at 1017 Grand Court. An existing 72 foot long dock will be removed. The Applicant has obtained Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE) authorizations for the above-referenced proposed items as follows: FDEP (FILE NO.) ACOE (FILE NO.) 50-0378919-001-EI 50-0378919-002-EM SAJ-2019-02957(LP-LCK) Note that while there are some discrepancies between the plan sheets submitted to both FDEP and ACOE and those submitted to the Town, the Applicant has provided email correspondence from both agencies indicating the following: FDEP - Discrepancies identified will not invalidate the permit. ACOE - Such discrepancies are minor and can be acknowledged in the as -built certification. 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 the top of the new seawall cap at 6.38 feet NAVD. Section 30-36(a) of the Town Code states that the Planning Board shall review and be the final authority on applications involving seawalls. In addition, 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. 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. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on September 21, 2023 and finds that the project is consistent with the Town Code of Ordinances. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials Applicant Photos Page 10 HOA approval FDEP approval ACOE approval Applicant proposed plans (11x17) Page 11 Page 12 Page 13 101 7 Gra nd C out Palm Be ach Cou ntyNone Octob er 2, 202 3 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 14 1017 Grand Court (rear)01/09/2023SUBJECT PROPERTYPage 15 Page 16 Page 17 Page 18 Page 19 Page 20 RE: FDEP# 50-0378919-001-EI, 002-EM Corps# SA J-2019-02957 1017 Grand Court HighlandBeach From:Sattelberger, Danielle (danielle.sattelberger@floridadep.gov) To:nutt3839@bellsouth.net Date:Thursday, August 10, 2023 at 03:54 PM EDT Hi David, The discrepancies identified will not invalidate the FDEP permit. Thank you, Danielle C. Sattelberger Environmental Administrator Florida Department of Environmental Protection Southeast District – West Palm Beach 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Danielle.Sattelberger@FloridaDEP.gov Office: (561) 681-6783 Click here to register! From: david nutter <nutt3839@bellsouth.net> Sent: Tuesday, August 8, 2023 3:59 PM To: Linda C SAJ Knoeck <linda.c.knoeck@usace.army.mil>; Kaitlyn Mallett <kaitlyn.mallett@floridadep.gov>; Sattelberger, Danielle <Danielle.Sattelberger@FloridaDEP.gov> Subject: FDEP# 50-0378919-001-EI, 002-EM Corps# SAJ-2019-02957 1017 Grand Court Highland Beach EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Linda, Kaitlyn and Danielle, Page 21 I hate to bother you all with this, but the plan reviewer for the Town of Highland noticed discrepancies between the Corps permit, the plans attached to the Corps permit and the plans submitted to the town. She would like an email from the Corps, that these discrepancies will not invalidate the Corps authorization. Sheets 2 and 4, #6 shows 48", however, FDEP/ACOE plans indicate 40". Correct accordingly The labels on sheets PC, SP and DTL-1 state 40" of return wall, but the dimension is clearly 48" from the back of the new cap to the back of the old cap. The 40" refers to the width of the concrete panel that will be placed in the return wall. The cap over the return panel and over the old cap will be 48" as dimensioned. I should have clarified that better in the descriptive labels. Sheets 3 and 5, #2 and #3 respectively shows 11; however, FDEP/ACOE plans show 9 vertical piles. Actual pile layout diagram shows 9 not 11 piles. Correct accordingly. The plans, both those attached to the Corps permit. the FDEP modification and those submitted to the town, state there are 11 concrete vertical piles - 9 along the wetface of the new seawall, and 1 at each return wall. These are shown and mentioned in the labels on sheets PC and SP, as well as depicted in the cross section for the Seawall Return Detail on DTL-1. There really is no discrepancy with this item. FDEP & ACOE plan sheet DTL-1 shows 40" return wall while sheet 4 submitted to Town shows 48". Provide correspondence from FDEP indicating that change will not change validity of permit. This seems to be a repeat of the first comment. ACOE (8-5-22 letter) activities include "repair and replace an existing 72 linear foot concrete seawall;" however, request to the Town is for a 73 linear foot seawall. Provide correspondence from ACOE indicating that permit is valid with proposed 73 linear foot seawall. The first page of the Corps permit, where the project scope is described, states the seawall to be replaced is 72 feet in length. However the seawall length is actually 73 feet, as shown in the plans attached to the permit. The existing dock, which is to be removed, is 72 feet long, which I would assume is where the length of the seawall came from. Since the plans state 73', this should be easy enough to explain. I have attached the Corps and the FDEP permits, so you won't have to dig them up. Additionally, the 48" cap extension that was to go in behind the new cap and over the existing cap, is no longer going to be installed. Instead of the cap extension, we are simply going to backfill between the new and existing walls as before, but now up to the top of the new cap. The owner will then cover the backfill with pavers that match the upland patio around the pool. I know that when I submit corrected plans to the town, this will come up. I am attaching a PDF of the new plans so you can more easily visualize what I am talking about; these new plans do not show the pavers on top of the backfill. These new plans may appear differently with regard to the descriptive labels, as we have updated our drawing standards in order to allow the sections and site views to be clearer and less cluttered looking, but they are the same plans, except as noted above. Can I receive email responses from the Corps and FDEP, stating the above discrepancies that the plan reviewer has found, will not invalidate the Corps and/or the FDEP permit, as well as stating that the non-installation of the cap extension also will not invalidate the Corps and/or the FDEP permit? If you have any questions, feel free to call me either at the office (954-421-1700) or on my cell (954-868-8476). David Nutter B & M Marine Construction Page 22 nutt3839@bellsouth.net Page 23 FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary Project Name: Hamuy Seawall and Dock Permittee/Authorized Entity: Jamie Hamuy 1017 Grand Court Highland Beach, FL 33487 Authorized Agent: B & M Marine Construction, Inc. c/o David Nutter, Agent Email: nutt3839@bellsouth.net Environmental Resource Permit - Granted State-owned Submerged Lands Authorization – Not Applicable U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required Permit No.: 50-0378919-001-EI Permit Issuance Date: February 24, 2020 Permit Construction Phase Expiration Date: February 23, 2025 Page 24 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 2 of 11 Environmental Resource Permit Permit No.: 50-0378919-001-EI PROJECT LOCATION The activities authorized by this Permit are located within the Intracoastal Waterway, Class III Waters, adjacent to 1017 Grand Court, Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach County (Latitude N 26° 23’ 40.14”, Longitude W 80° 4’ 12.04”). PROJECT DESCRIPTION This permit authorizes the removal of an existing 360 sq. ft. dock and pilings and the installation of a 365 sq. ft. dock. The permit also authorizes the installation of 73 ln. ft. of seawall 4 ft. waterward (wetface to wetface) of the existing seawall, including installation of batter piles and construction of 73 ln. ft. of seawall cap over-pour. This permit authorizes 657 ft² of work in surface waters. Submerged resources are not located within the project boundaries; therefore, there will be no adverse impacts to these resources. The attached standard manatee conditions (version 2011) shall be adhered to during all in-water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one- foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not on submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book. Page 25 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 3 of 11 Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT The activities described must be conducted in accordance with: • The Specific Conditions • The General Conditions • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit, as described. SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS (1) The attached project drawings (sheets 1 through 6); the Standard Manatee Conditions for In-Water Work, 2011, and DEP forms 62-330.310(3), 62-330.310(1); 62-330.310(2); 62- 330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. If the permittee Page 26 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 4 of 11 does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION (2) After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre-construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department’s Compliance Assistance Program, by email SED_Compliance@FloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre-construction conference. (3) Prior to the initiation of any work authorized by this permit, floating turbidity curtains with weighted skirts that extend to within one foot of the bottom shall be placed around the project site, and shall be maintained and remain in place for the duration of the project construction to ensure that turbid discharges do not occur outside the boundaries of the floating turbidity screens. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent turbid discharges. SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES (4) There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), along the shoreline adjacent to waters of the state. All excess lumber, scrap wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the uplands. (5) Watercraft associated with the construction of the permitted structure shall operate within waters of sufficient depth to preclude bottom scouring, prop dredging or damage to submerged bottom or submerged resources. During all construction activities, there shall be a minimum of 1-foot clearance between the draft of the construction vessel/barge and the submerged bottom. SPECIFIC CONDITIONS – MONITORING/REPORTING REQUIREMENTS (6) Turbidity levels outside the construction area shall not exceed 29 NTU’s above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed 29 NTUs above background: a. Notify the Department at (561) 681-6600 at the time the violation is first detected. b. Immediately cease all work contributing to the water quality violation. c. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functional turbidity containment devices. d. As required, perform turbidity monitoring per Specific Conditions. e. Resume construction activities once turbidity levels outside turbidity curtains fall below 29 NTUs. Page 27 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 5 of 11 (7) Water turbidity levels shall be monitored if a turbidity plume is observed outside the limits of the required turbidity control devices. Samples shall be taken every four hours until turbidity subsides at one foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located as follows: a. Approximately 100 feet up-current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.) b. Directly outside the turbidity curtains surrounding the work sites and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample. (8) During dock and seawall construction activities, the permittee or permittee's contractor shall collect the following turbidity monitoring data at the frequency and water depths directed by the Specific Condition above: a. Date and time of sampling event b. Turbidity sampling results (background NTUs, compliance NTUs, and the difference between them) c. Description of data collection methods d. An aerial map indicating the sampling locations e. Depth of sample(s) f. Weather conditions at times of sampling g. Tidal stage and direction of flow Data shall be collected in a turbidity log and shall include a statement by the individual responsible for implementation of the sampling program attesting to the authenticity, precision, limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis to the Department’s Compliance Assistance Program by email at SED_Compliance@floridadep.gov . The subject line of the email shall include the project name, permit number, and the title “Turbidity Monitoring Reports.” SPECIFIC CONDITIONS – MANATEE CONDITIONS (9) The permittee shall comply with the standard manatee protection construction conditions listed in the attached “2011 Standard Manatee Conditions for In-Water Work”. SPECIFIC CONDITIONS – LISTED SPECIES (10) This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” Page 28 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 6 of 11 permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com. GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. (1) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or Page 29 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 7 of 11 b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or Page 30 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 8 of 11 units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Petition for Administrative Hearing Page 31 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 9 of 11 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 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry. Extension of Time Page 32 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 10 of 11 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. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION __________________________________ John Kent Edwards Program Administrator – Permitting and Waste Cleanup Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP – Kent Edwards, Jeffrey Meyer, Kaitlyn Mallett, Robert Mullins, Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org Page 33 Project Name: Hamuy Seawall and Dock Permit No.: 50-0378919-001-EI Page 11 of 11 FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. ___________ ____________ Clerk Date Attachments: Project Drawings and Design Specs., 5 pages Standard Manatee Conditions for In-Water Work, 2011 As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: https://floridadep.gov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource 02/24/2020 Page 34 Southeast DistrictPermit Number 50-0378919-001-EIPage 35 Southeast DistrictPermit Number 50-0378919-001-EIPage 36 Southeast DistrictPermit Number 50-0378919-001-EIPage 37 Southeast DistrictPermit Number 50-0378919-001-EIPage 38 Southeast DistrictPermit Number 50-0378919-001-EIPage 39 STANDARD MANATEE AND MARINE TURTLE CONSTRUCTION CONDITIONS FOR IN-WATER WORK July 2011 The permittee shall comply with the following conditions intended to protect manatees and marine turtles from direct project effects: a. All personnel associated with the project shall be instructed about the presence of marine turtles, manatees and manatee speed zones, and the need to avoid collisions with (and injury to) these protected marine species. 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 and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee or marine turtle movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of marine turtles and manatee(s). All in-water operations, including vessels, must be shutdown if a marine turtle or manatee comes within 50 feet of the operation. Activities will not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(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 marine turtle or manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922, and to FWC at ImperiledSpecies@myFWC.com. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service (for north Florida, Jacksonville 1-904-731-3336 or for south Florida Vero Beach 1-772-562-3909). f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 40 Page 41 FLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary October 4, 2021 Jamie Hamuy 1017 Grand Court Highland Beach, FL 33487 Re: Project Name: Hamuy Seawall Permit No.: 50-0378919-002-EM Modification of Permit No.: 50-0378919-001-EI Dear Jamie Hamuy: Your request to modify this permit has been received and reviewed by Department staff. The modification consists of installing seven (7) bumper pilings along the previously permitted seawall. The previously authorized dock construction is no longer proposed. The above modifications are not expected to adversely affect water quality and will not be contrary to or will be clearly in the public interest. Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested. By copy of this letter, we are notifying all necessary parties of the modifications. This letter of approval does not alter the original expiration date of February 23, 2025, and does not change the original General or Specific Conditions (except as modified herein), or monitoring requirements of the permit (except as modified herein). This letter and attached drawings must be attached to the original permit. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further 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 Rule Page 42 Project Name: Hamuy Seawall Permit No.: 50-0378919-002-EM Modification of Permit No.: 50-0378919-001-EI Page 2 of 4 28-106.201, 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 email address, any facsimile number, and telephone number of the petitioner; 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 are or 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. 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 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. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. 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 Page 43 Project Name: Hamuy Seawall Permit No.: 50-0378919-002-EM Modification of Permit No.: 50-0378919-001-EI Page 3 of 4 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, before the applicable 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Of fice of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION __________________________________ Norva Blandin, MSEM Program Administrator Permitting and Waste Cleanup Program Southeast District Page 44 Project Name: Hamuy Seawall Permit No.: 50-0378919-002-EM Modification of Permit No.: 50-0378919-001-EI Page 4 of 4 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP – Norva Blandin, MSEM; Danielle Sattelberger; Kaitlyn Mallett; Luciano Guidoni Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org David Nutter, DJN Permit Services, nutt3839@bellsouth.net FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. October 4, 2021 Clerk Date Enclosures: Revised Permit Sketches, 7 pages Page 45 Southeast District Permit Number 50-0378919-002-EM Page 46 Southeast District Permit Number 50-0378919-002-EM Page 47 Existing seawall, capand pilings to remainExisting wetfaceEdge of existingconcrete capExisting 72' x 3' (5'from existing wetface,360sf) dock andpilings to be removedEXISTING CONDITIONSSCALE: N.T.S.HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FLSoutheast DistrictPermit Number 50-0378919-002-EMPage 48 Existing seawall, cap and pilings to remainExisting wetface73' of new concrete panel seawall with 36"wide concrete cap, (9) concrete verticalpilings and (8) new concrete batter pilingsEdge of existingconcrete capConcretepanelsNew wetfaceEdge of newconcrete capConcretepanelConcrete panelTurbidity curtains in placewhile new pilings are installed73' of 4' concrete capextension over existing cap40" of return wall with 26" x 16" beamover return panel and (1) concretevertical piling, typ at each endExisting pilings to remainProperty lineFILL VOLUMES (for seawall and backfill):Backfill - 71.83' x 3.42' x 6.06' (ave. depth)245.43sf55.07cyPanels - 73.00' x 0.58' x 7.50' (depth) 42.58sf11.83cyReturn Panels - 6.83' x 0.58' x 7.50' (depth) 3.99sf 1.11cyTotal Fill - 292.00sf68.01cyNew backfill between old andnew seawalls; 71'-10" x 3'-5"wide; 245.43sf; 55.07cy10' (typ)(7) 10" dia. wood bumper pilings@ 10' o.c., to keep vessel off ofbatter pilings at low tide andfrom rubbing against edge of capPROPOSED CONDITIONSSCALE: 1" = 20'-0"HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FLSoutheast DistrictPermit Number 50-0378919-002-EMPage 49 SITE PLANSCALE: 1/8" = 1'-0"Existing seawall, capand pilings to remainExistingwetface⅊Edge of newconcrete capPropertyline(7) 10" dia. wood bumper pilings @ 10' o.c.,to keep vessel off of batter pilings at lowtide and from rubbing against edge of cap73' of new concrete panel seawall with 36"wide concrete cap, (9) concrete verticalpilings and (8) new concrete batter pilings4' wetface to wetface 73'Edge of existingconcrete cap3'4'New wetface8'-10" x 7.5'concrete panels⅊ConcretepanelConcretepanel3'-6" from Property line73' of 4' concrete capextension over existing cap40" of return wall with 26" x 16" beamover return panel and (1) concretevertical piling, typ at each end3'-4"Existing pilingsto remainNew backfill between old andnew seawalls; 71'-10" x 3'-5"wide; 245.43sf; 55.07cy10' (typ)10" 2'-10" from new wetface 2' fromnew wetface 9'-2" (typ)9'-2" (typ)4" space b/wpanels (typ)8'-6"8'-6"6'-6"60'6'-6"HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FLSoutheast DistrictPermit Number 50-0378919-002-EMPage 50 SEAWALL DETAILSCALE: 3/8" = 1'-0"New wetface31273' of new concrete panel seawall with 36" wideconcrete cap, (9) concrete vertical pilings and (8)new concrete batter pilings; See Steel DetailExisting bermto remainMLW -2.13' NAVDMHW +0.25' NAVDNew 12" x 12"concrete vertical pilingsNew concretepanelsExisting concretebatter pilingsExistingseawall, capand pilingsto remainExistingwetfaceExisting gradeto remainNew 12" x 12"concrete batter pilingsNew backfill between old and new seawalls;71'-10" x 3'-5" wide; 245.43sf; 55.07cy10" dia. woodbumper piling73' of 4' concrete cap extensionover existing cap; See Steel DetailProperty line SEAWALL RETURN DETAILSCALE: 3/8" = 1'-0"New 12" x 12"concrete batter pilingsNew wetface31273' of new concrete panel seawall with 36" wideconcrete cap, (9) concrete vertical pilings and(8) new concrete batter pilings; See Steel DetailExisting bermto remainMLW -2.13' NAVDMHW +0.25' NAVDNew 12" x 12"concrete vertical pilingsNew concrete panelsExisting seawall, capand pilings to remainExisting gradeto remainExisting wetfaceNew concrete panelfor return wallNew 12" x 12" concretevertical piling at return wall40" of return wall with 26" x 16" beamover return panel and (1) concretevertical piling, See Return Steel DetailExisting cap removedas necessary toinstall return panelHAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FLSoutheast DistrictPermit Number 50-0378919-002-EMPage 51 Lifting eyes5/8" cable(Typ. of 2)PANEL DETAILSCALE: 3/8" = 1'-0"#5 bars@ 12" o.c.each wayRETURN STEEL DETAILSCALE: 3/4" = 1'-0"(5) #5 bars continuouswith #3 stirrups @ 18" o.c.See General Note #1New 12" x 12"concrete batter pilingsNew 12" x 12"concrete vertical pilingsNew concretepanelsNew wetface3/4"chamfer,typ.Existing seawall,cap and pilingsto remainExisting wetfaceNew concretepanel for return wall#3 stirrups @ 15" o.c.(5) #5 bars continuous (3 top and 2bottom), extended to seawall cap steel;(1) #5 barcontinuousacrossback edgeSTEEL DETAILSCALE: 3/4" = 1'-0"(5) #5 bars continuouswith #3 stirrups @ 18" o.c.See GeneralNote #1New 12" x 12"concrete batter pilingsNew concretepanelsExisting seawall,cap and pilingsto remainExisting wetfaceNew backfill3/4"chamfer,typ.#5 bars @ 12" o.c. eachway,dowel & epoxy 12" o.c. min. 4"embedment into concrete capNew 12" x 12"concrete vertical pilingsNew wetfaceHAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FL Southeast DistrictPermit Number 50-0378919-002-EMPage 52 RE: [Non-DoD Source] FDEP# 50-0378919-001-EI, 002-EM Corps# SA J-2019-02957 1017Grand Court Highland Beach From:Knoeck, Linda C CIV USARMY CESA J (USA) (linda.c.knoeck@usace.army.mil) To:nutt3839@bellsouth.net; kaitlyn.mallett@floridadep.gov; danielle.sattelberger@floridadep.gov Date:Tuesday, August 8, 2023 at 04:24 PM EDT Good afternoon, It appears that the items you described are minor deviations from the Corps permit and can be acknowledged in the As-Built Certification. I will note that there is no deviation allowed for special condition 5 regarding the setback distance to the federal channel. “The most waterward edge of the authorized project shall be constructed no closer than 84 feet from the near design edge of the federal channel as shown”. Linda C. Knoeck Senior Project Manager, Palm Beach Gardens U.S. Army Corps of Engineers 4400 PGA Boulevard, Suite 500 Palm Beach Gardens, Florida 33410 Office: 561-472-3506 Mobile: 561-319-5223 (only use during business hours 0800-1600) From: david nutter <nutt3839@bellsouth.net> Sent: Tuesday, August 8, 2023 3:59 PM To: Knoeck, Linda C CIV USARMY CESAJ (USA) <Linda.C.Knoeck@usace.army.mil>; Kaitlyn Mallett <kaitlyn.mallett@floridadep.gov>; Danielle Sattelberger <danielle.sattelberger@floridadep.gov> Subject: [Non-DoD Source] FDEP# 50-0378919-001-EI, 002-EM Corps# SAJ-2019-02957 1017 Grand Court Highland Beach Linda, Kaitlyn and Danielle, I hate to bother you all with this, but the plan reviewer for the Town of Highland noticed discrepancies between the Corps permit, the plans attached to the Corps permit and the plans submitted to the town. She would like an email from the Corps, that these discrepancies will not invalidate the Corps authorization. Sheets 2 and 4, #6 shows 48", however, FDEP/ACOE plans indicate 40". Correct accordingly The labels on sheets PC, SP and DTL-1 state 40" of return wall, but the dimension is clearly 48" from the back of the new cap to the back of the old cap. The 40" refers to the width of the concrete panel that will be placed in the return wall. The cap over the return panel and over the old cap will be 48" as dimensioned. I should have clarified that better in the descriptive labels. Sheets 3 and 5, #2 and #3 respectively shows 11; however, FDEP/ACOE plans show 9 vertical piles. Actual pile layout diagram shows 9 not 11 piles. Correct accordingly. The plans, both those attached to the Corps permit. the FDEP modification and those submitted to the town, state there are 11 concrete vertical piles - 9 along the wetface of the new seawall, and 1 at each return wall. These are shown and mentioned in the labels on sheets PC and SP, as well as Page 53 depicted in the cross section for the Seawall Return Detail on DTL-1. There really is no discrepancy with this item. FDEP & ACOE plan sheet DTL-1 shows 40" return wall while sheet 4 submitted to Town shows 48". Provide correspondence from FDEP indicating that change will not change validity of permit. This seems to be a repeat of the first comment. ACOE (8-5-22 letter) activities include "repair and replace an existing 72 linear foot concrete seawall;" however, request to the Town is for a 73 linear foot seawall. Provide correspondence from ACOE indicating that permit is valid with proposed 73 linear foot seawall. The first page of the Corps permit, where the project scope is described, states the seawall to be replaced is 72 feet in length. However the seawall length is actually 73 feet, as shown in the plans attached to the permit. The existing dock, which is to be removed, is 72 feet long, which I would assume is where the length of the seawall came from. Since the plans state 73', this should be easy enough to explain. I have attached the Corps and the FDEP permits, so you won't have to dig them up. Additionally, the 48" cap extension that was to go in behind the new cap and over the existing cap, is no longer going to be installed. Instead of the cap extension, we are simply going to backfill between the new and existing walls as before, but now up to the top of the new cap. The owner will then cover the backfill with pavers that match the upland patio around the pool. I know that when I submit corrected plans to the town, this will come up. I am attaching a PDF of the new plans so you can more easily visualize what I am talking about; these new plans do not show the pavers on top of the backfill. These new plans may appear differently with regard to the descriptive labels, as we have updated our drawing standards in order to allow the sections and site views to be clearer and less cluttered looking, but they are the same plans, except as noted above. Can I receive email responses from the Corps and FDEP, stating the above discrepancies that the plan reviewer has found, will not invalidate the Corps and/or the FDEP permit, as well as stating that the non-installation of the cap extension also will not invalidate the Corps and/or the FDEP permit? If you have any questions, feel free to call me either at the office (954-421-1700) or on my cell (954-868-8476). David Nutter B & M Marine Construction nutt3839@bellsouth.net Page 54 Regulatory Division South Branch Palm Beach Gardens Section SAJ-2019-02957(LP-LCK) Jamie Hamuy 1017 Grand Court Highland Beach, Florida 33487 Dear Mr. Hamuy: This is in reference to your request for a Department of the Army (DA) permit to perform work in or affecting waters of the United States. If you determine the permit provided is acceptable in its entirety and you have chosen to proceed with the authorized activity, then upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and/or Section 404 of the Clean Water Act (33 U.S.C. 1344), and/or Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) you are authorized under a Letter of Permission to improve navigation and shoreline stabilization for a single family residence by conducting the following activities: (1) Remove an existing 72 foot long by 3-foot wide marginal dock; (2) Repair and replace an existing 72 linear foot concrete seawall 48 inches waterward of the existing seawall with associated 36-inch wide concrete seawall cap; and install eight (8) and nine (9) king piles. (3) Install seven (7) wood bumper piles to the seawall cap. The project is located within waters of the U.S. associated with the Intracoastal Waterway at 1017 Grand Court, Section 9, Township 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida Geographic Position: Latitude: 26.1688° Longitude: -80.1047° The project must be completed in accordance with the six (6) enclosed construction drawings, and the general and special conditions which are incorporated in, and made a part of, the permit. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FLORIDA 33410 August 5, 2022 Page 55 -2- General Conditions: 1. The time limit for completing the work authorized ends on August 5, 2027. If the work authorized is not completed on or before that date, authorization, if not previously revoked or specifically extended, shall cease and be null and void. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized a ctivity 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. Special Conditions: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: Page 56 -3- a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. The Permittee shall reference this permit number, SAJ-2019-02957(LP-LCK) on all submittals. 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit, the Permittee shall submit a completed “Commencement Notification” form (Attachment ). 3. As-Built Certification with X-Y Coordinates: Within 60 days of completion of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as-built drawings of the authorized work and complete the enclosed “As-Built Certification by Professional Engineer or Surveyor” form, (Attachment ) to the Corps. The drawings shall be signed and sealed by a registered professional engineer or a professional land surveyor confirming the actual location of all authorized work/structures with respect to the Federal channe l and/or within the Federal easement and include the following: a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (8½-inch by 11-inch). The drawings shall include the X & Y State Plane coordination points of the most waterward point of the structure. The drawings shall include the dimensions of the structure, location of mean high water line (MHWL), depth of water (at mean low water) at the waterward end of the structure, and the distance from the waterward end of the structure to the near design edge of the Federal channel. b. List of any deviations between the work authorized by this permit and the work as constructed. In the event the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the Corps. c. The Department of the Army Permit number. Page 57 -4- 4. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Authorization” form (Attachment ) with the Clerk of the County Court, Registrar of Deeds or other appropriate official charged with the responsibility of maintaining records of title to or interest in real property within the county of the authorized activity. No later than 90 days from the effective date of this permit, the Permittee shall provide a copy of the recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate official indicating the book and page at which the Notice of Permit is recorded in the official records and the date of recording. 5. Federal Channel Setback: The most waterward edge of the authorized project shall be constructed no closer than 84 feet from the near design edge of the federal channel as shown. 6. Consent to Easement: A portion of the authorized work may be located within the Federal right-of-way and therefore, may require a Department of the Army Consent to Easement. A copy of this authorization has been forwarded to the Corps’ Real Estate Division for action on the Consent to Easement. Prior to commencement of construction, the Permittee shall provide a copy of the Corps approved Consent to Easement to the address identified in Reporting Addresses Special Condition. The Real Estate Division is responsible for issuing the Consent to Easement. For questions or status updates on the Consent to Easement, please contact Real Estate Division at SAJ-RE-Consent@usace.army.mil or Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-570-4515. 7. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 8. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment ). 9. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance Page 58 -5- with all applicable PDCs contained in the JAXBO, based on the permitted activity. Failure to comply with applicable PDCs will constitute noncompliance wit h this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act . The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at: http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx JAXBO may be subject to revision at any time. The most recent version of these JAXBO must be utilized during the design and construction of the permitted work. 10. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend within one foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained daily until the authorized work has been completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area. 11. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act. 12. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP. b. If, during permitted activities, items that may have historic or archaeologi cal origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours). Examples of submerged historical, archaeological or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human Page 59 -6- activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non- federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands; they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archaeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the SHPO and from the Corps. e. If prehistoric or historic artifacts such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes. Instructions for Objecting to Permit Terms and Conditions: This letter contains an initial proffered permit for your proposed project/permit application. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of Administrative Appeal Options and Process fact sheet and Request for Appeal (RFA) form. If you choose to Page 60 -7- object to certain terms and conditions of the permit, you must follow the directions provided in Section 1, Part A and submit the completed RFA form to the letterhead address. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria under 33 CFR Part 331.5, and that it ha s been received by the District office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the letterhead address by October 4, 2022. Flood Plain Information: This Department of the Army permit does not give absolute authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions. You should contact the local office in your area that issues building permits to determine if your site is located in a flood-prone or floodway area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If your local office cannot provide you the necessary information, you may request a flood hazard evaluation of the site by providing this office with a letter and a small-scale map showing the location of the site. The request should be addressed to the Chief, Flood Control and Floodplain Management Branch, Jacksonville District, U.S. Army Corps of Engineers, P.O. Box 4970, Jacksonville, Florida 32232-0019. Phone inquiries may be made at 904- 232-2515. Should you have any questions regarding this letter, please contact the project manager Ms. Linda Knoeck in writing the letterhead address, by telephone at 561-472- 3508, or by email at Linda.C.Knoeck@usace.army.mil. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit https://regulatory.ops.usace.army.mil/customer-service-survey/ and complete our automated Customer Service Survey. Your input is appreciated – favorable or otherwise. BY AUTHORITY OF THE SECRETARY OF THE ARMY: James L. Booth Colonel, U.S. Army District Commander for: Page 61 -2- Enclosures: Drawings Commencement Notification Form As-Built Certification Form Notice of Permit Manatee Conditions cc: CESAJ-RE-M (Requires a Consent-to-Easement memo) CESAJ-RD-PE (w/ enclosures) Page 62 REQUEST PERMIT TRANSFER: PERMIT NUMBER: SAJ-2019-02957(LP-LCK) When the structures or work verified 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, the present permittee and the transferee should sign and date below. This document must then be provided to the U.S. Army Corps of Engineers, Regulatory Division, Post Office Box 4970, Jacksonville, Florida 32232-0019. ______________________________________ ___________________ (TRANSFEREE SIGNATURE) (DATE) ______________________________________ ___________________ (Name - Printed) Lot/Block of site ______________________________________ (Street Address) ______________________________________ (City, State, and Zip Code) Page 63 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Jamie Hamuy File Number: SAJ-2019-02957 Date: 8/5/2022 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/CECW/Pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signa ture on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, y ou may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engine er. Your objections must be received by the district engineer within 60 days of the date of this notice, or you wil l forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify t he permit to address all of your concerns, (b) modify the permit to address some of your objecti ons, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send yo u a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved juri sdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the dat e of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 64 -2- E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved J D (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reeva luate the JD. Page 65 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this fo rm to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you may contact: Project Manager as noted in letter If you have questions regarding the appeal process you may contact: Phillip A. Shannin 404-562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigation s. _______________________________ Signature of appellant or agent. Date: Telephone number: Page 66 20'15'10' 5'No resourcesobservedAugust 9, 201930'25'SEAGRASS CONDITIONSSCALE: 1" = 20'-0"HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FL Page 67 Existing seawall, capand pilings to remainExisting wetfaceEdge of existingconcrete capExisting 72' x 3' (5'from existing wetface,360sf) dock andpilings to be removedEXISTING CONDITIONSSCALE: N.T.S.HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FL Page 68 Existing seawall, cap and pilings to remainExisting wetface73' of new concrete panel seawall with 36"wide concrete cap, (9) concrete verticalpilings and (8) new concrete batter pilingsEdge of existingconcrete capConcretepanelsNew wetfaceEdge of newconcrete capConcretepanelConcrete panelTurbidity curtains in placewhile new pilings are installed73' of 4' concrete capextension over existing cap40" of return wall with 26" x 16" beamover return panel and (1) concretevertical piling, typ at each endExisting pilings to remainProperty lineFILL VOLUMES (for seawall and backfill):Backfill - 71.83' x 3.42' x 6.06' (ave. depth)245.43sf55.07cyPanels - 73.00' x 0.58' x 7.50' (depth) 42.58sf11.83cyReturn Panels - 6.83' x 0.58' x 7.50' (depth) 3.99sf 1.11cyTotal Fill - 292.00sf68.01cyNew backfill between old andnew seawalls; 71'-10" x 3'-5"wide; 245.43sf; 55.07cy10' (typ)(7) 10" dia. wood bumper pilings@ 10' o.c., to keep vessel off ofbatter pilings at low tide andfrom rubbing against edge of capPROPOSED CONDITIONSSCALE: 1" = 20'-0"HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FL Page 69 SITE PLANSCALE: 1/8" = 1'-0"Existing seawall, capand pilings to remainExistingwetface⅊Edge of newconcrete capPropertyline(7) 10" dia. wood bumper pilings @ 10' o.c.,to keep vessel off of batter pilings at lowtide and from rubbing against edge of cap73' of new concrete panel seawall with 36"wide concrete cap, (9) concrete verticalpilings and (8) new concrete batter pilings4' wetface to wetface 73'Edge of existingconcrete cap3'4'New wetface8'-10" x 7.5'concrete panels⅊ConcretepanelConcretepanel3'-6" from Property line73' of 4' concrete capextension over existing cap40" of return wall with 26" x 16" beamover return panel and (1) concretevertical piling, typ at each end3'-4"Existing pilingsto remainNew backfill between old andnew seawalls; 71'-10" x 3'-5"wide; 245.43sf; 55.07cy10' (typ)10" 2'-10" from new wetface 2' fromnew wetface 9'-2" (typ)9'-2" (typ)4" space b/wpanels (typ)8'-6"8'-6"6'-6"60'6'-6"HAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FLPage 70 SEAWALL DETAILSCALE: 3/8" = 1'-0"New wetface31273' of new concrete panel seawall with 36" wideconcrete cap, (9) concrete vertical pilings and (8)new concrete batter pilings; See Steel DetailExisting bermto remainMLW -2.13' NAVDMHW +0.25' NAVDNew 12" x 12"concrete vertical pilingsNew concretepanelsExisting concretebatter pilingsExistingseawall, capand pilingsto remainExistingwetfaceExisting gradeto remainNew 12" x 12"concrete batter pilingsNew backfill between old and new seawalls;71'-10" x 3'-5" wide; 245.43sf; 55.07cy10" dia. woodbumper piling73' of 4' concrete cap extensionover existing cap; See Steel DetailProperty line SEAWALL RETURN DETAILSCALE: 3/8" = 1'-0"New 12" x 12"concrete batter pilingsNew wetface31273' of new concrete panel seawall with 36" wideconcrete cap, (9) concrete vertical pilings and(8) new concrete batter pilings; See Steel DetailExisting bermto remainMLW -2.13' NAVDMHW +0.25' NAVDNew 12" x 12"concrete vertical pilingsNew concrete panelsExisting seawall, capand pilings to remainExisting gradeto remainExisting wetfaceNew concrete panelfor return wallNew 12" x 12" concretevertical piling at return wall40" of return wall with 26" x 16" beamover return panel and (1) concretevertical piling, See Return Steel DetailExisting cap removedas necessary toinstall return panelHAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FL Page 71 Lifting eyes5/8" cable(Typ. of 2)PANEL DETAILSCALE: 3/8" = 1'-0"#5 bars@ 12" o.c.each wayRETURN STEEL DETAILSCALE: 3/4" = 1'-0"(5) #5 bars continuouswith #3 stirrups @ 18" o.c.See General Note #1New 12" x 12"concrete batter pilingsNew 12" x 12"concrete vertical pilingsNew concretepanelsNew wetface3/4"chamfer,typ.Existing seawall,cap and pilingsto remainExisting wetfaceNew concretepanel for return wall#3 stirrups @ 15" o.c.(5) #5 bars continuous (3 top and 2bottom), extended to seawall cap steel;(1) #5 barcontinuousacrossback edgeSTEEL DETAILSCALE: 3/4" = 1'-0"(5) #5 bars continuouswith #3 stirrups @ 18" o.c.See GeneralNote #1New 12" x 12"concrete batter pilingsNew concretepanelsExisting seawall,cap and pilingsto remainExisting wetfaceNew backfill3/4"chamfer,typ.#5 bars @ 12" o.c. eachway,dowel & epoxy 12" o.c. min. 4"embedment into concrete capNew 12" x 12"concrete vertical pilingsNew wetfaceHAMUY RESIDENCE 1017 GRAND COURT HIGHLAND BEACH, FL Page 72 Dated 9/18/2019 COMMENCEMENT NOTIFICATION Within ten (10) days of initiating the authorized work, submit this form via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. 1. Department of the Army Permit Number: SAJ- - ( - ) 2. Permittee Information: Name: __________________________________________ Email: __________________________________________ Address: __________________________________________ __________________________________________ Phone: __________________________________________ 3. Construction Start Date: ______________________ 4. Contact to Schedule Inspection: Name: __________________________________________ Email: __________________________________________ Phone: __________________________________________ ______________________________ Signature of Permittee ______________________________ Printed Name of Permittee ______________________________ Date Page 73 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 74 CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC (3922) cell * FWC or #FWC Page 75 AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Within sixty (60) days of completion of the authorized work, submit this form and one set of as- built engineering drawings via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, but not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. If you have questions regarding this requirement, please contact the Enforcement Branch at 904-232-3697. 1. Department of the Army Permit Number: SAJ- - ( - ) 2. Permittee Information: Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ 3. Project Site Identification (physical location/address): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. As-Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is based upon on-site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as-built engineering drawings. ________________________________ _______________________________________ Signature of Engineer Name (Please type) ________________________________ _______________________________________ (FL, PR, or VI) Reg. Number Company Name ________________________________ _____________________ ____________ City State ZIP (Affix Seal) ___________________________________ _______________________________________ Page 76 -2- Dated 9/18/2019 Date Telephone Number Date Work Started:____________________ Date Work Completed:______________________ Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Page 77 Prepared by: Permittee: ____________________________ Address: _____________________________ _____________________________________ Phone:_______________________________ NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE the United States Army Corps of Engineers (Corps) has issued a permit or verification __________ to _____________ (Permittee) on , , authorizing work in navigable waters of the United States in accordance with Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C 403) on a parcel of land known as Folio/Parcel ID: _______________________________________________________ located at _______________________________________________. Within 30 days of any transfer of interest or control of said property, the Permittee must notify the Corps in writing of the property transfer by submitting the completed permit transfer page included with the issued permit or verification. The subject permit or verification concerns only that portion of the property determined to fall within the jurisdiction of the Corps and this notice is applicable only to those portions of the subject property in, over, under, or affecting navigable waters of the United States . Conditions of the Permit/Verification: The permit or verification is subject to General Conditions and Special Conditions which may affect the use of the work authorized in Intracoastal Waterway. Accordingly, interested parties should closely examine the entire permit or verification, all associated applications, and any subsequent modifications. To obtain a copy of the authorization in its entirety submit a written request to: U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019 Questions regarding compliance with these conditions should be dir ected to: U.S. Army Corps of Engineers Enforcement Section Post Office Box 4970 Jacksonville, Florida 32232-0019 Conflict Between Notice and Permit This Notice of Authorization is not a complete summary of the issued permit or verification. Provisions in this Notice of Permit shall not be used in interpreting the permit or verification provisions. In the event of conflict between this Notice of Permit and the permit or verification, the permit or verification shall control. Page 78 This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the Corps . This Notice of Authorization is executed on this ________ day of _____________________, _______. This document is being submitted for recordation in the Public Records of Palm Beach County, Florida as part of the requirement imposed by the authorization SAJ -2014-01517 issued by Corps . Permittee: ______________________________ Address: _______________________________ _______________________________ Phone:_________________________ STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me this ________day of __________________, 20____, by _________________, who is personally known to me or has produced __________________________ as identification. _______________________________ Notary Public (Seal) _______________________________ Print My Commission Expires____________ Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 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 Oct 02, 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: October 02, 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 7503570 SUN-SENTINEL Page 89 Order # - 7503570 SUN-SENTINEL Page 90 PUBLIC NOTICE APPLICATION NO. 23-0008 500 Ft Public Notification Boundary September 27, 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, October 12, 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 DAVID NUTTER, B & M MARINE CONSTRUCTION, INC., FOR A SPECIAL EXCEPTION REQUEST TO INSTALL A 73 LINEAR FOOT SEAWALL AND SEAWALL CAP, AND SEVEN (7) BUMPER PILES FOR THE PROPERTY LOCATED AT 1017 GRAND COURT. 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 91 Page 92 File Attachments for Item: A. Ongoing discussion of proposed change (“amendment concept”) to the Accessory Marine Facility (AMF) regulations, specifically a maximum height for AMFs. Page 93 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board (“Board”) Meeting MEETING DATE October 12, 2023 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Ongoing discussion of proposed change (“amendment concept”) to the Accessory Marine Facility (AMF) regulations, specifically a maximum height for AMFs. SUMMARY: At the September 21, 2023 Planning Board meeting, the Board made recommendations on the proposed amendment concepts (see attached list); however, unintentionally, a recommendation on the proposed concept of a maximum height for AMFs was not provided. Previous Board discussions on this specific amendment concept include the following: 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. 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. For reference purposes, as part of the Public Input Meetings held on the proposed amendment concepts in December 2022, staff presented some analysis on this concept including examples of boat lift details as well as a table of approved boat lifts and their corresponding heights (see attached). In addition, in 2020, at the request of the previous Board Chairperson, staff provided research on piling heights in other municipal codes (see attached). ATTACHMENTS: - Proposed amendment concepts list. - Maximum height for AMF amendment concept analysis as provided at the December 2022 Public Input Meetings. - Planning Board memorandum on piling height limits (9-10-2020). Page 94 - 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 95 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 96 1 PROPOSED AMENDMENT CONCEPT VS “NO ACTION” OPTION AMENDMENT CONCEPT CURRENT TOWN CODE REGULATION “NO ACTION” OPTION 1. Maximum height for AMF = BFE plus 7 feet. -No maximum height for AMF. -Definition of “boat lift” requires that in no case shall the lift be higher than the superstructure of the boat when lifted (Sec. 30-131). -Town Code allows marine expert to review applicant plans. -If an exceptionally high AMF is proposed, marine expert determines whether installation of AMF will cause the following: - a hazardous interference with navigation. - endanger life or property. - deny adjacent property owners or public reasonable visual access to public waterway. (Sec. 30-68(h)) BFE Below BFE At BFE Above BFE Page 97 Top of lift 7’6” BOAT LIFT EXAMPLES Superstructure of boat 9’7” Superstructure of boat 6’6” Top of lift 6’ Seawall cap at 6 ft (BFE) Property Boat lift height (feet)Boat lift capacity 1004 Bel Air Drive 6 1016 Bel Air Drive 6 2727 South Ocean Blvd#701 6 3833 South Ocean Blvd 7’6” measured from dock 24,000 4036 South Ocean Blvd 6’6” 4205 Intracoastal Drive 7’7” from BFE 40,000 4206 Intracoastal Drive 7’7” from BFE 33,000 4304 Intracoastal Drive 6 4318 South Ocean Blvd 7’3” measured from dock 20,000 4320 Intracoastal Drive 6 4326 Intracoastal Drive 5’9” 4408 Intracoastal Drive 6’6” 4801 South Ocean Blvd 7 APPROVED BOAT LIFT HEIGHTS AS OF JANUARY 2020 2 3833 S. Ocean Blvd. 4320 Intracoastal Drive Page 98 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Virtual Planning Board Meeting MEETING DATE 9/10/2020 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Discussion on piling height limits and Town Code deficiencies pertaining to accessory marine facilities. BACKGROUND: On August 15, 2020, Planning Board Chairperson, David Axelrod, made the following two inquiries to Town staff: 1. Whether other local municipal codes provide height limits on pilings; and 2. Whether there are any other deficiencies in the Town Code as it pertains to accessory marine facilities. Staff was directed by Town Manager, Marshall Labadie, to proceed with preliminary research on these inquiries. SUMMARY: Height limits on pilings: The Town of Highland Beach’s Code of Ordinances does not provide height limits for boat lift pilings. Upon staff review of the municipal codes for Boca Raton, Delray Beach, Manalapan, North Palm Beach and Ocean Ridge, no provisions for lift piling height were found. The municipal codes of Sanibel and Cape Coral both provide height provisions for mooring pilings as provided in Table 1 below (Note that Cape Coral also provides a maximum elevation provision for “pilings”). Jupiter Island’s municipal code states for pilings supporting a dock or used in conjunction therewith shall not be higher than eight feet above mean high water. Moreover, Jupiter Island provides hoisting and daviting provisions for boats as follows: Section 3.07F.(b) No boat shall be hoisted or davited to such a height that the top of the main superstructure, but not including masts, antennas, outriggers or other attachments to said boat, shall be more than eight feet above mean high water, and no boat exceeding 31 feet in overall length shall be hoisted or davited from the water and supported by a dock, unless approved by the impact review committee using the standards set forth in article X, division II, section 2.04 (see Attachment No. 1) The municipal code for Lighthouse Point contains provisions for the number of individual pilings which may be installed adjacent to any property as provided in Table 2 below. Page 99 TABLE 1 MUNICIPALITY PILING HEIGHT PROVISION NOTES Sanibel Height of mooring pilings, maximum ten feet above mean high water (Sec. 126-886). “Mooring Piling” is not defined in Sanibel’s Municipal Code. Cape Coral Mooring Pilings shall not be higher than eight feet above mean high water (Section 5.4.5.). “Mooring Piling” is not defined in Cape Coral’s Municipal Code. The elevation of pilings shall not exceed 10 feet above the seawall cap or, if no seawall exists, 13 feet above mean water level (Section 5.4.2.). Jupiter Island Pilings supporting a dock or used in conjunction therewith shall not be higher than eight feet above mean high water (Section 3.07C1.b.) TABLE 2 LIGHTHOUSE POINT: Section 42-380(d)(1) The number of individual pilings which may be installed adjacent to any property shall be as follows: Properties With Eight (8) Foot Side Setbacks Properties With Seven and One-Half (7½) Foot Side Setbacks Linear Feet of Frontage Along Water Maximum # of Pilings Allowed Linear Feet of Frontage Along Water Maximum # of Pilings Allowed 0—60 0 0—60 0 Over 60—136 2 Over 60—135 2 Over 136—176 3 Over 135—175 3 Over 176 + 4 Over 175 + 4 Page 100 Deficiencies: Section 30-68 (g)(6)d.2. of the Town Code provides for a contradictory provision regarding the side yard setback requirement for accessory marine facilities in multifamily zoning districts. This section currently reads as follows: Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In multifamily residential zoning districts, marine facilities shall be exempt from side yard setback requirements for all interior lot lines. Initially, the provision states that a five (5) foot setback is applicable; however, the second sentence exempts multifamily residential zoning districts from the side yard setback requirement. While this conflicting text could be addressed independently from the other accessory marine facility regulations, staff suggests that a marine consultant be retained to holistically assess the current Town Code regulations pertaining to accessory marine facilities and determine deficiencies. Marine consultant considerations could include whether provisions for lift piling height or hoisting of boats, along with corresponding definitions, should be incorporated into the Town Code. FISCAL IMPACT: N/A ATTACHMENTS: Attachment No. 1 – Jupiter Island standards for impact review. RECOMMENDATION: Board discussion. Page 101 Sec. 3.07. - Docks and dune crossovers. A. Location. Docks may be constructed only in the waters of the Indian River and waters tributary thereto. Dune crossovers may be constructed over the primary dune to provide access to the beach. Each dock or dune crossover and its associated pilings shall be located in the middle one-third of the lot on which the dock is an accessory use and oriented such that such that a docked boat would also be in a location that corresponds to the middle one-third of the lot on which the dock is an accessory use (See Illustration 20: Location of Dock, Exhibit A), unless the board of adjustment approves another location using alternative development standards. B. Size. No dock shall exceed 500 square feet, and no dune crossover shall have a sitting or reviewing deck exceeding 100 square feet in addition to the area of the walkway, unless the board of adjustment approves additional area using alternative development standards. C. Height. 1. Docks. a. The deck of a dock shall not be higher than four feet above mean high water, or five feet above mean high water if the Department of Environmental Protection so requires after performing an official survey and providing a statement of seagrass that is acceptable to the administrative official. (See Illustration 21: Dock Dimensions, Exhibit A) b. Pilings supporting such dock or used in conjunction therewith shall not be higher than eight feet above mean high water. (See Illustration 21: Dock Dimensions, Exhibit A) 2. Dune crossovers. a. The deck of a dune crossover shall not be higher than one foot above the existing grade, unless a greater height is approved by the board of adjustment using alternative development standards. b. Dune crossover posts and railings shall not be higher than three feet above the deck of the dune crossover. D. Design. 1. Railings shall be of post and rail construction that does not create a material visual obstruction to the waters of the Indian River or tributaries, or to the Atlantic Ocean from contiguous lots or rights-of-way. 2. Fencing, screening, walls or louvered windbreaks on docks or dune crossovers are prohibited unless approved by the board of adjustment using alternative development standards. 3. Covered structures or buildings of any type are prohibited on docks and dune crossovers. 4. Dock boxes not exceeding 30 inches in height are permitted on docks; provided that such boxes are limited to one dock box per boat regularly moored at the dock. (See Illustration 21: Dock Dimensions, Exhibit A) 5. Overhead hoists, davits or machinery connected therewith shall not exceed eight feet above mean high water. 6. Dock construction shall meet the standards for dock construction as prescribed by the United States Army Corps of Engineers. E. Utilities. All electrical and water service supplied to any dock or dune crossover in the town shall meet the standards for service as provided in the Florida Building Code. F. Hoisting and daviting of boats. (a) No boat shall be hoisted or davited if: (1) Any part of the boat is positioned outside of the middle one-third of the lot, extended waterward; or ATTACHMENT NO. 1 Page 102 (2) The dock to which the hoist or davit is attached does not conform to this section. (b) No boat shall be hoisted or davited to such a height that the top of the main superstructure, but not including masts, antennas, outriggers or other attachments to said boat, shall be more than eight feet above mean high water, and no boat exceeding 31 feet in overall length shall be hoisted or davited from the water and supported by a dock, unless approved by the impact review committee using the standards set forth in article X, division II, section 2.04. (Ord. No. 342, § 1, 9-17-13) Illustration 21: Dock Dimensions Page 103 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. 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. Page 104 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 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 Page 105 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 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 Page 106 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 property 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. 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. Page 107 Page 108 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 Page 109 Page 2 of 3 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. Page 110 Page 3 of 3 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' Page 111