Land Development and Planning Project Files_4801 S. Ocean Blvd._20240111_23-0010TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Date: January 11, 2024
Applicant/Owner: Boca Highland Center, Inc / David Nutter / B & M Construction
Property Address: 4801 S. Ocean Blvd, Highland Beach, FL 33487
Property Control Number: 24-43-47-09-00-001-0100
Application No. 23-0010
Preliminary Review:
Final Review:
Amended Site Plan Review
Other: Amendment to a previously approved special exception request
(Development Order No. 21-0008) to install a 465 square foot marginal dock, and
a 257 linear foot seawall and cap.
AT THE January 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:
Contingent upon Town Commission approval of a land fill permit pursuant to Chapter 14 of the
Town Code of Ordinances
MOTION: Axelrod/Rosen - Moved to approve Development Order No. 22-0010; Based upon
roll call: Member Axelrod (Yes), Member Rosen (Yes), Member Brown (Yes),
Member Powell (Yes), Member Chudnofsky (Yes), Vice Chairperson Mendelson
(Yes), and Chairperson Goldenberg (Yes). The motion passed on a 7 to 0 vote.
CLERK’S OFFICE USE ONLY:
Transmitted to the Building Department: 01/11/2024
REVIEW GIVEN TO SUBJECT PROPERTY
File Attachments for Item:
A. Development Order Application No. 23-0010 / David Nutter / Boca Highland Center,
Inc.
Application by B&M Marine Construction, Inc. For an amendment to a previously
approved special exception request (Development Order No. 21-0008) to install a 465
square foot marginal dock, and a 257 linear foot seawall and cap, for the property
located at 4801 South Ocean Boulevard.
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PLANNING BOARD
STAFF REPORT
MEETING OF: JANUARY 11, 2024
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY B&M MARINE CONSTRUCTION, INC. FOR AN
AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL
EXCEPTION REQUEST (DEVELOPMENT ORDER NO. 21-0008) TO
INSTALL A 465 SQUARE FOOT MARGINAL DOCK, AND A 257
LINEAR FOOT SEAWALL AND CAP, FOR THE PROPERTY
LOCATED AT 4801 SOUTH OCEAN BOULEVARD (APPLICATION
NO. 23-0010)
Applicant (Property Owner): Boca Highland Center, Inc.
4801 South Ocean Boulevard
Highland Beach, FL 33487
Applicant’s Agent: David Nutter
B & M Marine Construction, Inc.
1211 South Military Trail, #220
Deerfield Beach, FL 33442
Property Characteristics:
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: Residential Multiple Family Low Density (RML)
Parcel PCN#: 24-43-47-09-00-001-0100
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
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Property Background:
On November 10, 2021, the Planning Board approved a Special Exception request to install a 1,315
square foot marginal dock, a 271 linear foot seawall and cap, a 120 square foot finger pier, and a
16,000 pound capacity boat lift for the property (Development Order No. No. 21-0008) motion
carried 6-0).
Request and Analysis:
The Applicant is requesting an amendment to a previously approved special exception request
(Development Order No. 21-0008) to install a 465 square foot marginal dock, and a 257 linear foot
seawall and cap for the property located at 4801 South Ocean Boulevard within the Boca Highlands
development. As indicated above, the Applicant received a special exception approval from the
Planning Board on November 10, 2021; however, the Applicant wishes to amend the square footage
of the marginal dock and the linear footage of the seawall and cap as follows:
STRUCTURE TYPE ORIGINAL APPROVAL AMENDMENT
DOCK 1,315 square feet (includes
3.8’ x 2.5’extension).
465 square feet
SEAWALL/CAP 271 linear feet 257 linear feet
The previously approved 120 square foot finger pier, and 16,000 pound capacity boat lift are to
remain unchanged. The Applicant also proposes to backfill an 830 square foot area between the
existing and new seawall. Pursuant to Section 14.1 of the Town Code, the following provisions
pertaining to “land filling” apply:
Any person desiring to add to or extend any lands, areas, including submerged lands,
to remove sand, rock or earth from any submerged lands, to construct a finger canal,
lagoon or yacht basin within the territorial limits of the town by any means, including,
but not limited to, hydraulic dredging, pumping, dragline, dynamiting or shovel, shall
first make application to the town commission for permission to do so . Such written
application shall be accompanied by a plan or drawing showing the area to be filled
and also showing the area from which any fill material is to be dredged or removed by
other means. Specifications sufficient in detail as to clearly outline how the dredging
or filling procedure will take place must also accompany the application.
As noted above, a land fill request will be reviewed and considered by the Town Commission.
The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US
Army Corps of Engineers (ACOE) approval for the above-referenced items. The corresponding
file/permit numbers for each agency are provided in the table below. Note that the FDEP and
ACOE approvals reference the proposed marginal dock at 476 square feet rather than 46 5 square
feet as proposed on the Applicant’s request to the Town (see Applicant’s narrative table provided
as part of the Application). The Applicant indicates that the area used for the FDEP and ACOE
approvals was calculated using total length and width without regard to the dock corners (see
“square footage note” on sheet 2 of 9 of Applicant plans).
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FDEP (PERMIT NO.) ACOE (FILE NO.)
50-196034-008-EM SAJ-2007-01043 (NWP/GP-KMM)
Pursuant 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 BFE for the
property is currently at 6 feet. The Applicant’s proposed seawall is 6.0 feet NAVD.
Section 30-67(b) of the Town Code indicates that docks, seawalls, and boat lifts in the Residential
Multiple Family Low Density (RML) zoning district require special exception approval by the
Planning Board. Section 30-36(a) of the Town code states that the Planning Board may approve,
approve with conditions, or deny a request for special exception relating to seawalls, bulkheads,
retaining walls and accessory marine facilities.
If the Planning Board approves the request, the Applicant will be required to obtain a building permit
from the Town of Highland Beach Building Department following such approval and prior to
initiation of construction. Pursuant to Section 30-21(g) of the Town Code, commencement of
construction shall be initiated within two (2) years following the date of approval by the Planning
Board.
Staff reviewed the Applicant’s proposed request and finds that it is consistent with the special
exception provisions of Section 30-36 of the Town Code, were applicable, and consistent with the
Town Comprehensive Plan and Code of Ordinances. If the Planning Board should grant approval of
the request, staff recommends the following condition of approval which is based on the Applicant’s
plan set, date stamped received by the Building Department on December 14, 2023:
1. Contingent upon Town Commission approval of a land fill permit pursuant to Chapter 14 of 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
FDEP approval
ACOE approval
HOA approval
Applicant Plans (11X17)
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STRUCTURE ORIGNALLY APPROVED REQUESTED CHANGE REASON FOR CHANGE
EXISTING SEAWALL 275LF OF EXISTING
SEAWALL TO REMAIN
172LF OF EXISTING SEAWALL TO
REMAIN; 103LF OF EXISTING
SEAWALL TO BE REMOVED
103LF
PORTION OF EXISTING SEAWALL TO BE
REMOVED WHERE NEW SEAWALL WILL BE
STRAIGHTENING THE CANAL
NEW SEAWALL 271LF OF NEW SEAWALL
IN FRONT OF EXISTING
257LF OF NEW SEAWALL IN
FRONT OF EXISTING 14LF NEW SEAWALL WILL STRAIGHTEN THE CANAL
REDUCING THE TOTAL LENGTH OF NEW WALL
EXISTING DOCK TO
BE REMOVED
263LF OF EXISTING DOCK
TO BE REMOVED
158LF OF EXISTING DOCK TO BE
REMOVED; 104LF OF EXISTING
DOCK REMOVED DURING INITIAL
JOB COMMENCEMENT
104LF
PORTION OF EXISTING DOCK WAS REMOVED
PRIOR TO THIS MODIFICATION REQUEST DURING
THE INITIAL JOB COMMENCEMENT
NEW DOCK 262’ x 5’ 93’ x 5’ 169LF
NO NEW DOCK WILL BE INSTALLED ALONG THE
BEGINNING OF THE NEW SEAWALL REDUCING
THE LENGTH OF THE NEW DOCK
PIER REMOVED & REBUILT AS
30’ x 4’ REMOVED & REBUILT AS 30’ x 4’ NONE N/A
LIFT TO BE REMOVED AND
REINSTALLED
TO BE REMOVED AND
REINSTALLED NONE N/A
NOTE REGARDING DOCK SQUARE FOOTAGE:
THE PLANS INDICATE A DOCK SQUARE FOOTAGE OF 476SF, HOWEVER THE ABOVE DOCK DIMENSIONS CALCULATE TO 465SF. THE DIFFERENCE IS DUE TO THE
SHAPE OF THE DOCK THAT INCLUDES CORNERS.
A SIMPLE MULTIPLICATION OF THE TOTAL LENGTH AND WIDTH WILL NOT RESULT IN THE TOTAL AREA STATED, DUE TO THE CORNERS ALONG THE LENGTH OF
THE DOCK. SIMPLE MULTIPLICATION OF THE LENGTH AND WIDTH WILL CAUSE SOME CORNERS TO BE DUPLICATED AND SOME CORNERS TO BE MISSED. THE
TOTAL AREA WAS CALCULATED ELECTRONICALLY USING THE CAD PROGRAM THAT WAS USED TO DRAW THE PLANS.
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4801 South Ocean Boulevard Palm Beach CountyNone
0 0.015 0.030.0075 mi
0 0.025 0.050.0125 km
1:1,128
Created by: Palm Beach Countyµ
PROJECT AREA
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4801 South Ocean Boulevard• •PROJECT AREA------
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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
Shawn Hamilton
Secretary
Project Name: Boca Highland Dock and Seawall
Permittee/Authorized Entity:
Boca Highland Beach Club
c/o Douglas Hillman
4801 South Ocean Blvd
Highland Beach, FL 33487
Email: kande@bocahighland.com
Authorized Agent:
Isiminger & Stubbs Engineering, Inc.
c/o Matt Butler
Email: mbutler@coastal-engineers.com
Environmental Resource Permit - Granted
State-owned Submerged Lands Authorization – Not Applicable
U.S. Army Corps of Engineers / Section 404 Authorization – Separate Authorization
Required
Permit No.: 50-196034-008-EM
Modification of Permit No.: 50-196034-007-EI
Permit Issuance Date: March 6, 2023
Permit Construction Phase Expiration Date: March 6, 2028
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Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 2 of 12
Environmental Resource Permit
Permit No.: 50-196034-008-EM
PROJECT LOCATION
The activities authorized by this Permit are located within a canal located off the Intracoastal Waterway,
Class III Waters, adjacent to 4801 South Ocean Boulevard, Highland Beach (Section 09, Township 47
South, Range 43 East), in Palm Beach County (Latitude N 26°23'28.0634", Longitude W -80°3'59.6422”).
PROJECT DESCRIPTION
This permit authorizes the following activities: removal of an existing finger pier, mooring pile, 636
sq. ft. portion of existing marginal dock, and a 103 ln. ft. portion of existing seawall; installation of a
4 ft. by 30 ft. (120 sq. ft.) finger pier, a 476 sq. ft. marginal dock, and a new boatlift; installation of a
new 257 ln. ft. seawall, a new seawall cap and backfill approximately 310 cubic yards to level land.
This permit authorizes 1,426 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.
Mitigation is not required.
The attached standard manatee conditions (version 2011) shall be adhered to during all in-water work.
Prior to construction commencement, weighted floating turbidity curtains, extending to within one-
foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity
resulting from construction activities will be contained within the project boundaries. All water
bodies, including any adjacent submerged aquatic vegetation outside the specific limits of
construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or
scouring.
AUTHORIZATIONS
Environmental Resource Permit
The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373,
Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization
As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the
Department has determined the activity 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: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 3 of 12
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 authorization, as described.
SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS
(1) The attached project drawings (sheets 1 through 5); the Standard Manatee Conditions for In-
Water Work, 2011; http://www.fleppc.org/list/2015FLEPPCLIST-LARGEFORMAT-FINAL.pdf;
and DEP forms, 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.
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Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 4 of 12
If the permittee does not have access to the Internet, please contact the Department at (561) 681-6600
to request the aforementioned forms and/or document(s).
(2) If the attached permit drawings conflict with the specific conditions, then the specific
conditions shall prevail.
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
(3) 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.
(4) The permittee shall ensure that the permit conditions are explained to all construction
personnel working on the project and for providing each contractor and subcontractor with a copy of
this permit before the authorized work begins.
(5) 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
(6) 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.
(7) All 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.
(8) The surrounding waterbody and marine resources located outside of the specific limits of
construction, authorized by this permit, shall be protected from siltation, sedimentation, and/or
scouring. Best management practices for turbidity and erosion control shall be implemented and
maintained at all times during to prevent siltation and turbid discharges into the surface waters
surrounding the project site.
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Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 5 of 12
(9) All wooden pilings used in construction of the dock shall be wrapped with an impervious
membrane one-foot above the mean high-water line to one-foot below the substrate.
(10) No dredging or filling of submerged grass beds or live bottom communities are authorized by
this permit.
SPECIFIC CONDITIONS – MONITORING/REPORTING REQUIREMENTS
(11) 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.
(12) Turbidity Monitoring: 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.)
(13) Turbidity Monitoring Reports: During the 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
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Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 6 of 12
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 ERP Compliance Assurance Program via 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 – OPERATIONS
(14) Vessels utilizing this structure shall maintain a minimum of one-foot clearance between the
deepest draft of the vessel with the engine in the down position and the submerged bottom so
as to preclude bottom scouring or prop dredging.
SPECIFIC CONDITIONS – MANATEE CONDITIONS
(15) The permittee shall comply with the standard manatee protection construction conditions
listed in the attached “2011 Standard Manatee Conditions for In-Water Work”.
(16) While performing backfilling, it is important to ensure that manatees or sea turtles do not
become entrapped during sheet pile installation or gain access after the sheet pile has been
installed and before filling work has been completed. If a manatee or sea turtle becomes
entrapped, the area shall be opened to allow the manatee or turtle to leave of its own volition. It
shall not be herded or harassed into leaving the area.
(17) The Permittee shall install permanent manatee educational signs, which shall be maintained
for the life of the facility, no later than 60 days after construction commencement. The number
and types of signs, as well as the on-site locations shall be approved by FWC staff prior to
installation. A proposal for FWC sign approval shall be submitted to
ImperiledSpecies@MyFWC.com in accordance with information provided at
http://www.myfwc.com/wildlifehabitats/managed/manatee/education-for-marinas/. Signs shall
be replaced in accordance with FWC guidance by the Permittee if outdated, damaged or faded.
SPECIFIC CONDITIONS – LISTED SPECIES
(18) This permit does not authorize the permittee to cause any adverse impact to or “take” of state
listed species and other regulated species of fish and wildlife. Compliance with state laws
regulating the take of fish and wildlife is the responsibility of the owner or applicant associated
with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for
definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite,
FWC staff are available to provide decision support information or assist in obtaining the
appropriate FWC permits. Most marine endangered and threatened species are statutorily
protected and a “take” permit cannot be issued. Requests for further information or review can
be sent to FWCConservationPlanningServices@MyFWC.com.
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.
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Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
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(1) All activities shall be implemented following the plans, specifications and
performance criteria approved by this permit. Any deviations must be authorized in a permit
modification in accordance with Rule 62 -330.315, F.A.C. Any deviations that are not so authorized
may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
(2) A complete copy of this permit shall be kept at the work site of the permitted activity
during the construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior to
beginning construction.
(3) Activities shall be conducted in a manner that does not cause or contribute to violations
of state water quality standards. Performance-based erosion and sediment control best management
practices shall be installed immediately prior to, and be maintained during and after construction as
needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be
in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual
(Florida Department of Environmental Protection and Florida Department of Transportation June
2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida
Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee,
Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5.,
F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality
control measures are required as part of the permit.
(4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit
to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,”
[October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C.,
indicating the expected start and completion dates. A copy of this form may be obtained from the
Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills
this notification requirement may be used in lieu of the form.
(5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an
operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms
and conditions of the permit for the life of the project or activity.
(6) Within 30 days after completing construction of the entire project, or any independent
portion of the project, the permittee shall provide the following to the Agency, as applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒
“Construction Completion and Inspection Certification for Activities Associated With a Private
Single-Family Dwelling Unit” [Form 62-330.310(3)]; or
b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase”
[Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the
form.
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Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 8 of 12
(7) If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or
within 30 days of as- built certification, whichever comes first, the permittee shall submit, as
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of
Volume I) as filed with the Department of State, Division of Corporations and a copy of any
easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the
Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for
Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62-
330.310(2)] to transfer the permit to the operation and maintenance entity, along with the
documentation requested in the form. If available, an Agency website that fulfills this transfer
requirement may be used in lieu of the form.
(8) The permittee shall notify the Agency in writing of changes required by any other
regulatory agency that require changes to the permitted activity, and any required modification of this
permit must be obtained prior to implementing the changes.
(9) This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges other
than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal, state,
and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled
by the permittee.
(10) Prior to conducting any activities on state-owned submerged lands or other lands of the
state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the
permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.
Written authorization that requires formal execution by the Board of Trustees of the Internal
Improvement Trust Fund shall not be considered received until it has been fully executed.
(11) The permittee shall hold and save the Agency harmless from any and all damages, claims,
or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any project authorized by the permit.
(12) The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer of
the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or
units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
Page 91
Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 9 of 12
(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.
Page 92
Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 10 of 12
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of the
petitioner, if the petitioner is not represented by an attorney or a qualified representative; the
name, address, and telephone number of the petitioner’s representative, if any, which shall
be the address for service purposes during the course of the proceeding; and an explanation
of how the petitioner’s substantial interests will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency’s proposed action, including an explanation of how the alleged
facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition
shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within
21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and
other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21
days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs
first. You cannot justifiably rely on the finality of this decision unless notice of this decision and
the right of substantially affected persons to challenge this decision has been duly published or
otherwise provided to all persons substantially affected by the decision. While you are not required
to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
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.
Page 93
Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 11 of 12
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via
electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition
for an administrative hearing. A timely request for extension of time shall toll the running of the
time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also
seek appellate review of this order before the Land and Water Adjudicatory Commission under
Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory
Commission must be filed with the Secretary of the Commission and served on the Department
within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate
Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel
(Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a
copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district
court of appeal. The notice must be filed within 30 days from the date this action is filed with the
Clerk of the Department.
Page 94
Project Name: Boca Highland Dock and Seawall
Permit No.: 50-196034-008-EM
Page 12 of 12
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
__________________________________
Norva Blandin, MSEM
Permitting Program Administrator
Southeast District
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were
sent on the filing date below to the following listed persons:
FDEP – Norva Blandin MSEM, Jeffrey Meyer, Gabriela Munoz, Abigail Davis
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
Ashley La Vere, FFWCC, Ashley.LaVere@myfwc.com
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.
March 6, 2023
Clerk Date
Attachments:
Project Drawings and Design Specs., 5 pages
Standard Manatee Conditions for In-Water Work, 2011
Construction Completion and Inspection Certification for Activities Associated With a Private
Single-Family Dwelling Unit Form 62-330.310(3)*
As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)*
Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)*
Request to Transfer Permit Form 62-330.340(1)*
Commencement Notice Form 62-330.350(1)*
*Can be downloaded at: https://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/forms-environmental-resource
Page 95
This item has been digitally signed and
sealed by Matthew D. Butler, P.E. on
1/24/2023 using a Digital Signature.
Printed copies of this document are not
considered signed and sealed, and the
signature must be verified on any
electronic copies.
Southeast District
Permit Number
50-196034-008-EM
Page 96
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 1/24/2023 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verifiedon any electronic copies.Southeast DistrictPermit Number 50-196034-008-EMPage 97
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 1/24/2023 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verifiedon any electronic copies.Southeast DistrictPermit Number 50-196034-008-EMPage 98
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 1/24/2023 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verifiedon any electronic copies.Southeast DistrictPermit Number 50-196034-008-EMPage 99
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 1/24/2023 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verifiedon any electronic copies.Southeast DistrictPermit Number 50-196034-008-EMPage 100
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a. All personnel associated with the project shall be instructed about the presence of manatees
and manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties
for harming, harassing, or killing manatees which are protected under the Marine Mammal
Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake”
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on-site project personnel are responsible for observing water-related activities for the
presence of manatee(s). All in-water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-
562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com
f. Temporary signs concerning manatees shall be posted prior to and during all in-water
project activities. All signs are to be removed by the permittee upon completion of the
project. Temporary signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of
in-water operations must be posted in a location prominently visible to all personnel
engaged in water-related activities. Questions concerning these signs can be sent to the
email address listed above.
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Regulatory Division South Branch Palm Beach Gardens Section SAJ-2007-01043 (NWP/GP-KMM) Boca Highland Beach Club & Marina c/o Douglas Hillman 4801 South Ocean Boulevard Highland Beach, Florida 33487 Sent via email: kande@bocahighland.com and nutt3839@bellsouth.net Dear Douglas Hillman: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit, which the Corps received on December 6, 2022. Your application was assigned file number SAJ-2007-01043(NWP/GP-KMM). A review of the information and drawings provided indicates that the proposed work would improve water access and shoreline stabilization for an existing 6-slip multi-family docking facility by conducting the following activities: 1. Removal of a 636 square foot portion of existing marginal dock, removal of an existing mooring pile, and removal of an existing finger pier; 2. Installation of 257 linear feet of seawall 19-22” waterward of the existing wetface to adjoin and uniformly align the seawall with a seawall cap and installation of king and batter piles; 3. After installation of 257 linear feet of seawall, removal of a portion of 103 linear feet of seawall resulting in a reconfiguration of existing slips within the marina; 4. Proposed 310 cubic yards (830 square feet) of backfill landward of the seawall after seawall installation; 5. Installation of a 476 marginal dock, installation of a 30-foot by 4-foot finger pier; 6. Replace existing boatlift The activities subject to this permit are authorized pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403), and Section 404 of the Clean Water Act (33 U.S.C. § 1344). The project is located in the man-made basin directly connected to the Intracoastal Waterway, at 4801 S Ocean Blvd, in Section 09, Township 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida. The aspect of your project involving the installation of 257 linear feet seawall and cap, installation of king and batter piles and proposed 310 cubic yards of backfill as depicted
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410 July 24, 2023
Page 109
-2- on the attached drawings, is authorized by Nationwide Permit 13 (NWP-13), Bank Stabilization. The aspect of your project involving the removal of 103 linear feet resulting in a reconfiguration of the existing marina basin and slips as depicted on the attached drawings, is authorized by Nationwide Permit 28 (NWP-28), Modification of Existing Marinas. These verifications are valid until March 14, 2026. In order for these NWPs authorizations to be valid, you must ensure that the work is performed in accordance with the Nationwide Permit General Conditions, the Jacksonville District Regional Conditions, and the General and Project-Specific Special Conditions listed below. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Alternatively, you can access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Source Book web page for links to view NWP information at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to select “Source Book” and then select “Nationwide Permits.” These files contain the description of the NWP authorization, the NWP general conditions, and the regional conditions, which apply specifically to this NWP verification. The aspect of your project involving the removal of the existing dock and piles, construction of the new marginal dock, installation of new docking structure and replacement of boatlift, as depicted on the attached drawings, is authorized by Regional General Permit (RGP) SAJ-20 and its subsequent modifications, if applicable. This
RGP authorization is valid until March 28, 2028. Please access the Corps' Jacksonville District Regulatory Division Source Book webpage to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.saj.usace.army.mil/Missions/Regulatory.aspx. Please be aware this Internet address is case sensitive and you will need to enter it exactly as it appears above. Once there select “Source Book” and then select “General Permits.” Then you will need to select the specific SAJ permit noted above.
You must comply with ALL the RGP general and special, attached and/or
incorporated by reference, and the Project Specific Special Conditions and
General Conditions, listed below, or you may be subject to enforcement action.
General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized by NWP-13 and NWP-28 ends on March 14, 2026. The time limit for completing the work authorized by RGP SAJ-20 ends on March 28, 2028.
Page 110
-3- 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Project Specific Special Conditions: The following project specific special conditions are included with this verification: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232-0019. The Permittee shall reference this permit number, SAJ-2007-01043 (NW/GP-KMM), on all submittals.
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-4- 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed “Commencement Notification” Form (Attachment 2).
3. Self-Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached “Self-Certification Statement of Compliance” form (Attachment 3) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self-Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. 4. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 4). The most recent version of the Manatee Conditions must be utilized.
6. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. Johnson’s seagrass and its critical habitat were delisted from the Endangered Species Act on May 16, 2022. Therefore, JAXBO PDCs required to minimize adverse effects to Johnson’s seagrass and its critical habitat are no longer applicable to any project. Failure to comply with applicable PDCs will constitute noncompliance with this permit. In addition, failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the Endangered Species Act. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division website in the Endangered Species section of the Sourcebook located at: http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx
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-5-
JAXBO may be subject to revision at any time. The most recent version of the JAXBO must be utilized during the design and construction of the permitted work. 7. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained daily until the authorized work has been completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area.
8. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.
b. If, during permitted activities, items that may have historic or archaeological origin are observed the Permittee shall immediately cease all activities adjacent to the discovery that may result in the destruction of these resources and shall prevent his/her employees from further removing, or otherwise damaging, such resources. The applicant shall notify both the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)-245-6333 and the Corps, of the observations within the same business day (8 hours). Examples of submerged historical, archaeological or cultural resources include shipwrecks, shipwreck debris fields (such as steam engine parts, or wood planks and beams), anchors, ballast rock, concreted iron objects, concentrations of coal, prehistoric watercraft (such as log "dugouts"), and other evidence of human activity. The materials may be deeply buried in sediment, resting in shallow sediments or above them, or protruding into water. The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Corps. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition and, if deemed necessary by the SHPO or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based on the circumstances of the discovery, equity to all parties, and
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-6- 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. 9. 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.
Jurisdictional Determination: A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. This letter of authorization does not include conditions that would prevent the ‘take’ of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/) also maintains updated lists, by county, of documented occurrences of those species. This letter of authorization does not give absolute Federal authority to perform the work
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-7- as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program.
This letter of authorization does not preclude the necessity to obtain any other Federal, State, or local permits, which may be required. Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at https://regulatory.ops.usace.army.mil/customer-service-survey/. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise. Should you have any questions related to this NWP/RGP verification or have issues accessing the documents referenced in this letter, please contact Kaitlyn Mallett at the letterhead address above, via telephone at 561-545-4885, or via e-mail at Kaitlyn.M.Mallett@usace.army.mil. Sincerely, Kaitlyn Mallett Project Manager Enclosures Project Drawings Commencement Notification form Self-Certification Statement of Compliance form Standard Manatee Conditions for In-Water Work—2011 Cc: Matthew Butler, Isiminger & Stubbs Engineering mbutler@coastal-engineers.com
Page 115
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
DA PERMIT NUMBER: SAJ-2007-01043(NW/GP-KMM) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019 or submit via electronic mail to: SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).
___________________________________ ___________________________
(TRANSFEREE-SIGNATURE) (SUBDIVISION)
___________________________________ _________ ____________
(DATE) (LOT) (BLOCK)
__________________________
___________________________________ (STREET ADDRESS)
(NAME-PRINTED)
___________________________________
___________________________________
(MAILING ADDRESS)
___________________________________
(CITY, STATE, ZIP CODE)
Page 116
This item has been digitally signed and
sealed by Matthew D. Butler, P.E. on
12/6/2022 using a Digital Signature.
Printed copies of this document are not
considered signed and sealed, and the
signature must be verified on any
electronic copies.
U.S. Army Corps of Engineers
SAJ-2007-01043(NW/GP-KMM)
Sheet 1 of 5
07/24/2023
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This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 12/6/2022 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verified onany electronic copies.U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 2 of 5 07/24/2023Page 118
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 12/6/2022 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verified onany electronic copies.U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 3 of 5 07/24/2023Page 119
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 12/6/2022 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verified onany electronic copies.U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 4 of 5 07/24/2023Page 120
This item has been digitally signedand sealed by Matthew D. Butler,P.E. on 12/6/2022 using a DigitalSignature.Printed copies of this document arenot considered signed and sealed,and the signature must be verified onany electronic copies.U.S. Army Corps of Engineers SAJ-2007-01043(NW/GP-KMM) Sheet 5 of 5 07/24/2023Page 121
COMMENCEMENT NOTIFICATION
Within ten (10) day s of initiating the authorized work, submit this form to 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
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SELF-CERTIFICATION STATEMENT OF COMPLIANCE
Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to
saj-rd-enforcement@usace.army.mil (preferred) 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. Date Authorized Work Started: _________________ Completed: _______________
4. Contact to Schedule Inspection: Name: ____________________________________
Email: ____________________________________
Phone: ___________________________________
5. Description of Authorized Work (e.g. bank stabilization, fill placed within wetlands,
docks, dredging, etc.): ________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
6. Acreage or Square Feet of Impacts to Waters of the United States: _________________
7. Describe Mitigation completed (if applicable): __________________________________
____________________________________________________________________________
____________________________________________________________________________
8. Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
____________________________________________________________________________
____________________________________________________________________________
********************
I certify that all work, and mitigation (if applicable) was done in accordance with the limitations
and conditions as described in the permit. Any deviations as described above are depicted on
the attached drawing(s).
______________________________
Signature of Permittee
______________________________
Printed Name of Permittee
______________________________
Date
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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
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PUBLIC NOTICE
APPLICATION NO. 23-0010
500 Ft Public Notification Boundary
December 28, 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, January 11, 2024 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 B&M MARINE CONSTRUCTION, INC. FOR AN
AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL EXCEPTION
REQUEST (DEVELOPMENT ORDER NO. 21-0008) TO INSTALL A 465 SQUARE
FOOT MARGINAL DOCK, AND A 257 LINEAR FOOT SEAWALL AND CAP, FOR
THE PROPERTY LOCATED AT 4801 SOUTH OCEAN BOULEVARD.
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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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 Jan 01, 2024
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: January 02, 2024.
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
7548258
SUN-SENTINEL
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Order # - 7548258
SUN-SENTINEL
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SUN-SENTINEL
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