Land Development and Planning Project Files_1017 Grand Ct._20231012_No. 23-0008TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Date: October 12, 2023
Applicant/Owner: David Nutter / Nissan & Jamie Hamuy
Property Address: 1017 Grand Court, Highland Beach, FL 33487
Property Control Number: 24-43-47-09-00-002-0120
Application No. 23-0008
Preliminary Review:
Final Review: special exception request to install a 73 linear foot seawall and
seawall cap, and seven (7) bumper piles
Amended Site Plan Review
Other
AT THE October 12, 2023, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER
PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES
THAT THE FOLLOWING ACTION WAS TAKEN:
Denied
Approved
Approved with Modifications (as noted)
Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E.,
ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC.
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE
BOARD’S FINDINGS:
MOTION: Mendelson/Powell - Moved to approve (Development Order No. 23-
0008). Based upon roll call: Vice Chairperson Mendelson (Yes), Member
Powell (Yes), Member Adwar (Yes), Member Brown (Yes), Member
Chudnofsky (Yes), and Chairperson Goldenberg (Yes). The motion passed
on a 6 to 0 vote.
CLERK’S OFFICE USE ONLY:
Transmitted to the Building Department: 010/12/2023
REVIEW GIVEN TO SUBJECT PROPERTY
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
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HOA approval
FDEP approval
ACOE approval
Applicant proposed plans (11x17)
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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
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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
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nutt3839@bellsouth.net
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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
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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.
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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
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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.
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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”
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Project Name: Hamuy Seawall and Dock
Permit No.: 50-0378919-001-EI
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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
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Project Name: Hamuy Seawall and Dock
Permit No.: 50-0378919-001-EI
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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
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Project Name: Hamuy Seawall and Dock
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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
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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:
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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.
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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
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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
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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
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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:
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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.
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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.
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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)
___________________________________ _______________________________________
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-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____________
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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
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