Land Development and Planning Project Files_1101 Highland Beach Dr._20240208_23-0017TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Date: February 07, 2024
Applicant/Owner: Seth Hochbaum/ Laura Coburn / Mitchell Scavone
Property Address: 1101 Highland Beach Dr. Unit A, Highland Beach, FL 33487
Property Control Number: 24-43-47-04-02-002-0161
Application No. 23-0007
Preliminary Review:
Final Review: SPECIAL EXCEPTION REQUEST TO INSTALL A 100
LINEAR FOOT SEAWALL/SEAWALL CAP, AND TWO 10-FOOT
RETURNS
Amended Site Plan Review
Other
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 Conditions (as noted)
Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E.,
ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC.
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH CONDITIONS, PLEASE NOTE THE
BOARD’S FINDINGS:
Subject to the vacant land contract closing (PCN: 24-43-47-04-00-004-0020) on or before March 10, 2024 and
if not closed the Development Order will be brought back before the Planning Board.
MOTION: Mendelson/Chudnofsky - Moved to approve (Development Order No. 23-
0007) with conditions noted above. Based upon roll call: Vice Chairperson
Mendelson (Yes), Member Chudnofsky (Yes), Member Rosen (Yes),
Member Powell (Yes), Member Axelrod (Yes), and Chairperson
Goldenberg (Yes). The motion passed on a 6 to 0 vote.
CLERK’S OFFICE USE ONLY:
Transmitted to the Building Department: 02/07/2024
REVIEW GIVEN TO SUBJECT PROPERTY
File Attachments for Item:
A. APPLICATION BY MITCHELL SCAVONE, RAY QUALMANN MARINE CONSTRUCTION, INC., FOR A
SPECIAL EXCEPTION REQUEST TO INSTALL A 100 LINEAR FOOT SEAWALL/SEAWALL CAP, AND TWO 10-
FOOT RETURNS FOR THE PROPERTY LOCATED AT 1101 HIGHLAND BEACH DRIVE UNIT A. (DO# 23-0007)
Page 8
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Planning Board Meeting
MEETING DATE February 8, 2024
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: APPLICATION BY MITCHELL SCAVONE, RAY QUALMANN MARINE
CONSTRUCTION, INC., FOR A SPECIAL EXCEPTION REQUEST
TO INSTALL A 100 LINEAR FOOT SEAWALL/SEAWALL CAP, AND
TWO 10-FOOT RETURNS FOR THE PROPERTY LOCATED AT 1101
HIGHLAND BEACH DRIVE UNIT A. (DO# 23-0007)
SUMMARY:
At the January 11, 2024 Planning Board (“Board”) meeting, the Board moved to continue this
item to the February 8, 2024 meeting. As of the writing of this memorandum, staff has not
received an agreement from the Applicant.
Page 9
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Planning Board Meeting
MEETING DATE January 11, 2024
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: APPLICATION BY MITCHELL SCAVONE, RAY QUALMANN MARINE
CONSTRUCTION, INC., FOR A SPECIAL EXCEPTION REQUEST
TO INSTALL A 100 LINEAR FOOT SEAWALL/SEAWALL CAP, AND
TWO 10-FOOT RETURNS FOR THE PROPERTY LOCATED AT 1101
HIGHLAND BEACH DRIVE UNIT A. (DO# 23-0007)
SUMMARY:
At the December 14, 2023 Planning Board (“Board”) meeting, the Board moved to continue
this item to the January 11, 2024 meeting. Consensus from the Board was that they wish to
see an agreement between the Applicant and the adjacent property owner to the north that
allows for the installation of the seawall. As of the writing of this memorandum, staff has not
received an agreement from the Applicant. The Board will be updated on the status of the
agreement at the January 11, 2024 Board meeting.
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PLANNING BOARD
STAFF REPORT
MEETING OF: DECEMBER 14, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY MITCHELL SCAVONE, RAY QUALMANN
MARINE CONSTRUCTION, INC., FOR A SPECIAL EXCEPTION
REQUEST TO INSTALL A 100 LINEAR FOOT
SEAWALL/SEAWALL CAP, AND TWO 10-FOOT RETURNS FOR
THE PROPERTY LOCATED AT 1101 HIGHLAND BEACH DRIVE
UNIT A. (DO# 23-0007)
Applicant (Property Owner): Seth H. Hochbaum & Laura A. Coburn
1101 Highland Beach Drive, Unit A
Highland Beach, FL 33487
Applicant’s Agent: Mitchell Scavone
Ray Qualmann Marine Construction, Inc.
2860 NE 16 Street
Pompano Beach, FL 33062
Property Characteristics:
Site Location: 1101 Highland Beach Drive, Unit A
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: Residential Multiple Family Low Density (RML)
Parcel PCN#: 24-43-47-04-02-002-0161
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 11
Request and Analysis:
The Applicant is proposing to install a 100 linear foot seawall and seawall cap, and two (2) 10-foot
returns for the property located at 1101 Highland Beach Drive, Unit A. The installation of the new
seawall is proposed 12-inches waterward of the existing seawall. According to the survey provided
by the Applicant, the existing and proposed seawalls are located within the adjacent parcel to the
north of the subject property. According to the Palm Beach County Property Appraiser, ownership
of this adjacent parcel is affiliated with the Ocean Cove at Highland Beach HOA Inc. Given the
special exception request is to install a seawall for the Applicant’s property, it is acceptable to the
Town that the property owner of 1101 Highland Beach Drive, Unit A is the sole applicant.
The Applicant has obtained South Florida Water Management District (SFWMD) and U.S. Army
Corps of Engineers (ACOE) authorizations as follows:
SFWMD (FILE NO.) ACOE (FILE NO.)
50-108526-P (Exemption No.)
230227-37740 (Application No.)
SAJ-2023-01112(NW-KMM)
Note that staff was advised by the SFWMD that because a previously issued SFWMD
environmental resource permit was associated with the property, their review was required for the
proposed request rather than the Florida Department of Environmental Protection (FDEP).
According to Section 6 -128(b) of the Town Code, all seaw alls 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 ’s proposed new seawall is at 6.00 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 reviewed the Applicant’s proposed request and finds that the project is consistent with the
Town Code of Ordinances. If the Planning Board should grant approval of the special exception
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 November 28, 2023:
1. Prior to the submittal of a Building Permit application to the Town’s Building
Department for the installation of the seawall, the Applicant shall provide an
executed agreement between the property owner and the Ocean Cove at Highland
Beach HOA Inc. to install such seawall or otherwise demonstrate, to the
satisfaction of the Town, that the approval of the Ocean Cove at Highland Beach
Page 12
HOA Inc. is not legally required for the installation of the seawall on property
owned by the HOA.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Aerials
Property HOA approval
SFWMD approval
ACOE approval
Applicant proposed plans (11x17)
Page 13
1101 Highland beach Dr Unit A Palm Beach CountyNone
November 28, 2023
0 0.0085 0.0170.00425 mi
0 0.01 0.020.005 km
1:576
Created by: Palm Beach Countyµ
SUBJECT PROPERTY
According to the Palm Beach County Property Appraiser, ownership of the parcel to
the north of the subject property is affliated with the Ocean Cove at Highland Beach
HOA.
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SUBJECT PROPERTYAdjacent parcel to the northPage 15
1101 Highland Beach Drive01/05/2023Looking southwardUnit APage 16
01/09/2023Page 17
Page 18
Page 19
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Corrected Copy March 24, 2023
March 22, 2023
* Delivered via email
Seth/Laura Hochbaum/Coburn *
1101 Highland Beach Drive Unit A
Palm Beach, FL 33487
Subject: Exemption for Hochbaum-Coburn
Application No. 230227-37740
Exemption No. 50-108526-P
Palm Beach County
Dear Seth & Laura Hochbaum-Coburn:
The South Florida Water Management District (District)reviewed the information submitted for the
proposed seawall and pile installation and has determined that the proposed project is exempt
from the requirement to obtain an Environmental Resource Permit,pursuant to Rules 62-330.051
(12)(b) and 62-330.051(12)(d), Florida Administrative Code.
The proposed activities will occur at 1101 Highland Beach Drive Unit A,in Highland Beach,Palm
Beach County. See Exhibit No. 1.0 for Location Map.
Based on the plans (Exhibit No.2.0)received by the District on February 24,2023,the proposed
activities to be conducted under the exemption involve:
The removal of existing batter piles and rip rap boulders in front of the existing seawall.
1.
The construction of a 100 linear-foot precast pile and panel seawall,no more than 12.0
inches waterward from the existing seawall.
2.
The construction of seawall caps to incorporate king and batter piles.
3.
The construction of two 10-foot returns using one 3.0-inch pin pile at each end of property,
with minimal backfilling to achieve grade.
4.
Activities that qualify for this exemption must be conducted and operated using appropriate best
management practices and in a manner which does not cause or contribute to a water quality
violation. Pursuant to Chapters 62-302 or 62-4, Florida Administrative Code.
This letter does not relieve you from the responsibility of obtaining other permits (federal,state or
local) which may be required for the project.
The determination that this project qualifies as an exempt activity may be revoked if the installation
is substantially modified,if the basis of the exemption is determined to be materially incorrect,of if
the installation results in violation to state water quality standards.Any changes made in the
construction plans or location of the project may necessitate a permit from the District.Therefore
you are advised to contact the District before beginning any work in wetlands which is not
specifically described in the submittal.
Page 23
The notice of determination that the project qualifies as an exempt activity constitutes final agency
action by the District unless a petition for administrative hearing is filed.Upon timely filing of a
petition,this Notice will not be effective until further Order of the District. If you have any questions
concerning this matter,please contact Caitlin Westerfield,Environmental Analyst 2 at
561-682-6058 or cwesterf@sfwmd.gov, and Susana Pascal,Engineering Specialist IV at (561)
682-2905 or spascal@sfwmd.gov.
Sincerely,
Jesse Markle, P.E.
Bureau Chief, Environmental Resource Bureau
c: Mitchell Scavone, Ray Qualmann Marine Construction Inc *
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Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by
clicking on the links below or by visiting the District's ePermitting website (http://my.sfwmd.gov/
ePermitting) and searching under this application number 230227-37740.
Exhibit 1.0 Location Map
Exhibit 2.0 Plans
Rev. 1/16/20 1
Page 25
NOTICE OF RIGHTS
As required by Chapter 120,Florida Statutes,the following provides notice of the opportunities
which may be available for administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes,or judicial review pursuant to Section 120.68,Florida Statutes,when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may
not be applicable or appropriate for your situation. You may wish to consult an attorney regarding
your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water
Management District’s (District)action has the right to request an administrative hearing on that
action pursuant to Sections 120.569 and 120.57,Florida Statutes. Persons seeking a hearing on
a District decision which affects or may affect their substantial interests shall file a petition for
hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written
notice of the decision unless one of the following shorter time periods apply:(1)within 14 days of
the notice of consolidated intent to grant or deny concurrently reviewed applications for
environmental resource permits and use of sovereign submerged lands pursuant to Section
373.427,Florida Statutes;or (2)within 14 days of service of an Administrative Order pursuant to
Section 373.119(1),Florida Statutes. "Receipt of written notice of agency decision"means receipt
of written notice through mail,electronic mail,posting,or publication that the District has taken or
intends to take final agency action. Any person who receives written notice of a District decision
and fails to file a written request for hearing within the timeframe described above waives the right
to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency
decision,persons who may be substantially affected shall,unless otherwise provided by law,have
an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2),Florida
Statutes,shall comply therewith immediately,but on petition to the board shall be afforded a
hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant the
request for good cause. Requests for extension of time must be filed with the District prior to the
deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that
the moving party has consulted with all other parties concerning the extension and whether the
District and any other parties agree to or oppose the extension. A timely request for an extension
of time shall toll the running of the time period for filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with
the Office of the District Clerk may be made by mail,hand-delivery,or e-mail. Filings by facsimile
will not be accepted. A petition for administrative hearing or other document is deemed filed upon
receipt during normal business hours by the Office of the District Clerk at the District’s
headquarters in West Palm Beach,Florida. The District’s normal business hours are 8:00 a.m.–
5:00 p.m.,excluding weekends and District holidays. Any document received by the Office of the
District Clerk after 5:00 p.m.shall be deemed filed as of 8:00 a.m.on the next regular business
day.
Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of the District Clerk,3301 Gun Club Road,
West Palm Beach, Florida 33406.
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a
Rev. 1/16/20 2
Page 26
petition to the District's security desk does not constitute filing. It will be necessary to request
that the District's security officer contact the Office of the District Clerk. An employee of the
District's Clerk's office will receive and process the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.
The filing date for a document transmitted by electronic mail shall be the date the Office of the
District Clerk receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4.and 120.569(2)(c),Florida Statutes,and Rules 28-106.201
and 28-106.301,Florida Administrative Code,initiation of an administrative hearing shall be made
by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions
shall contain:
Identification of the action being contested,including the permit number,application number,
District file number or any other District identification number, if known.
1.
The name,address,any email address,any facsimile number,and telephone number of the
petitioner, petitioner’s attorney or qualified representative, if any.
2.
An explanation of how the petitioner’s substantial interests will be affected by the agency
determination.
3.
A statement of when and how the petitioner received notice of the District’s decision.4.
A statement of all disputed issues of material fact. If there are none,the petition must so
indicate.
5.
A concise statement of the ultimate facts alleged,including the specific facts the petitioner
contends warrant reversal or modification of the District’s proposed action.
6.
A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the District’s proposed action.
7.
If disputed issues of material fact exist,the statement must also include an explanation of how
the alleged facts relate to the specific rules or statutes.
8.
A statement of the relief sought by the petitioner,stating precisely the action the petitioner
wishes the District to take with respect to the District’s proposed action.
9.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573,Florida Statutes,and
Rules 28-106.111 and 28-106.401–.405,Florida Administrative Code. The District is not
proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68,Florida Statutes,and in accordance with Florida Rule of Appellate
Procedure 9.110,a party who is adversely affected by final District action may seek judicial review
of the District's final decision by filing a notice of appeal with the Office of the District Clerk in
accordance with the filing instructions set forth herein within 30 days of rendition of the order to be
reviewed,and by filing a copy of the notice with the appropriate district court of appeals via the
Florida Courts E-Filing Portal.
Rev. 1/16/20 2
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REGULATION DIVISION
South Florida Water Management District
PALM BEACH COUNTY, FLExhibit No: 1 Exhibit Created On: 2023-03-20
Project Name: Hochbaum-Coburn
Created by
Application
Exemption No: 50-108526-P
Application Number: 230227-37740
0 775387.5
Feet Page 28
LOT16
BLOCK2
FCUtHMtLI. 11'k UH�CD
P,O;B
-FIUIO: tu I. CAP ·.�.
-LDT 17 IILOCt< l
Scope of Work: . . . . . . .· • Construct 100 fin.ft precast pile & pane·1 Wall
No n"iore than 12" Waterward from. existing Wall
ESTABUSHED IN 1948
i.
Exhibit 2.0 Exemption No. 50-108526-P Page 1 of 3 Page 29
MHw;:� __ ;:_·;o:�4i��YP:.s�. _,_
EXIST. SEAWALL 9-,P
EXIST. SEAWALL PANEL
·. ST.Q, liOO.K IN · : .. . ,, VERT •. BAA. .. · · •.. #5 'REBAR12'': o;c. VERT�, 12'' O:C SIDECOVER6 ,'HORlZ.II TOP/ BOTTOM 4" ..
ONE 3" WEEPH OLE, ·• • ·PLACED 2'-011• INSIDE PANEL 2'-10" BELOW EDGE,·TOP.
3/4"
-
IN TOP OF PROVIDE TWO UFnNG HOOKS PANEL OR 1/4' CABLE FOR LIFn 'S,S. NG
I -
...f,--.-
9' lO" ----
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,
--
....
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0 I-.
(/) w et:
<(
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. i
. MLW ·-��'.�··•··'""'::-..... 2_:i_i_iJ�A-VP"'"·_ .. =�8=--··-=·'-_,
BERM � . ,3JS�i\\lD�
ew 12" X 12" KlNG PILES, 10' O.C:.i. /'MIN •. LENGTH'OF 22' & DRIVEN 10 TYP. -8 11 THICKSEAWAtLPAN:e:[ ..
·.MIN: 81:ARIN.G CAPACITY OF 15 TONS
3/4" DOWEL; 3' LONG, (4). EACH CORNER OF-CAP REBAR CAGE. GREASED TO ALLOW EXPANSION. , . . .. . PANEL ·
, i i • .· • }J . . �f MoaE THAN 1�·•\'IAffltVlAl!l).{)�)(1sT1 l; _.....,.""""!'"-rr----
. CONCRET _E SEAWA_LLSl�QN . · .N;T.S.
·N;r.s •.
1/2" EXP. MATERIAL W/ BACKER ROD (CONT. AROU ND JOINT)'
NOTE: PLACE EXP. EXP. JOINT DETAIL
GENERAL NOTES:
1. ALL CONCRETE TO BE 5000 psi. 28 DAY COMP.STR!:NGTH ... 2.ALL STEEL REBAR TO B.E GRADE-60 ·3.CONCRETE SHALL BE,PROPERLY CURED; 4. ·.CONTRACTClR TO OBTAIN UTILilY CLEARANCEPRIOR TO-PILE DRIVING. CALL l·S0Q-432 -4770. 5.ASSUMES GOOD BEARING SOIL IF Sit.TS ORMUCi< IS fNCOUNTl;RED, INCREASE PANEL. OEPTH TO THE POINT OF lREf.USALAND CONTACT ENG,INE!:R. ..
JT. @MIDWAY .. APPRox�·EVERY 90 L.F. +/-..N.T.S.
Hochbau�, 1101 Highland Beach Dr, _HB \
ESTABLISHED IN 1946
, .·
Exhibit 2.0 Exemption No. 50-108526-P Page 2 of 3
Page 30
SEAWALL CAP
(3)- # 5 BARS TOP & BOTTOMWl # 3 HOOPS 12" O.C., 6" O.C. @ PILE.( SEE CAP CROSS SECTION FOR REBAR LAYOUT)
� CX)
3" T
CONC. TO BE 50 PSI STRENGTH. • ·
SEAWALL CAP N.T.S.
NOTE: ALL DIMENSIONS
EXTENDED BATTER PILE STRANDS 18" INTO CAP.
EXTENDED PANEL & PILES 3" INTO CAP. GENERAL NOTES:
NEW 12" X 12" BATTER PILES, 10' O.C. MAX. W/ MIN. LENGTH OF 18' & DRIVEN TO A MIN. BEARING CAPACI1Y OF 12 TONS OFFSET BATTER PILE 4" AWAY FROM KING PILE, IF NEEDED.
1.ALL CONCRETE TO BE 5000 psi. 28 DAY COMP. STRENGTH.2.ALL STEEL REBAR TO BE GRADE 603.CONCRETE SHALL BE PROPERLY CURED.
4.CONTRACTOR TO OBTAIN UTILITY CLEARANCE
PRIOR TO PILE DRIVING. CALL 1-800-432-4770.5.PLACE BATTERS AT EACH KING / T-PILE LOCATION.6.CAP WIDTH MAY VARY FROM 42", ADJUSTLONGITUDINAL STEEL REBAR ACCORDINGLY.
EX. SEAWALL
(3)- # 5 BARS TOP & BOTTOM,Wl # STIRRUPS 12" O.C., 611 O.C. @ PILE.7.1YPICAL CAP THICKNESS 14".
8.PLACE EXPANSION JOINTS EVERY 100' IFCAP IS LONGER THAN 100'.
a D
� CX) -
3" TY
CONC. TO BE 50 PSI STRENGTH. ..,: �··.
NOTE: ALL DIMENSIONS
EXTENDED BATTER PILE STRANDS 18" INTO CAP.
EXTENDED PANEL & PILES 3" INTO CAP.
ALTERNATE SEAWALL CAP N.T.S.
CONCRETE SEAWALL SECTION
N.T.S.
Hochbaum, 1101 Highland Beach Dr Unit A Highland Beach
ESTABUSHED IN 1948
Exhibit 2.0 Exemption No. 50-108526-P Page 3 of 3 Page 31
Page 32
Page 33
Page 34
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June 5, 2023 Regulatory Division South Branch Palm Beach Gardens Section SAJ-2023-01112(NW-KMM) Laura Coburn 1101 Highland Beach Drive, Unit A Highland Beach, Florida 33487 Sent via email: sethhochbaum@gmail.com Dear Laura Coburn: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit received on February 24, 2023. Your application was assigned file number SAJ-2023-01112(NW-KMM). A review of the information and drawings provided indicates that the proposed work would improve shoreline stabilization for a single-family residence by the installation of 100 linear feet of seawall 12-inches waterward of the existing wetface to the new wetface with new batter and king piles and installation of a 100 linear foot concrete seawall cap overpour (3-foot wide). 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 Intracoastal Waterway at 1101 Highland Beach Dr. unit A, in Section 04, Township 47 South, Range 43 East, Highland Beach, Palm Beach County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) 13 (Bank Stabilization). This verification is valid until March 14, 2026. 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. In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the NWP General Conditions and the Jacksonville District Regional Conditions, and the General and Project-Specific Special Conditions listed below. 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 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.
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA 33410
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-2- You must comply with all of the special and general conditions for NWP-#, including any project-specific conditions included in this letter and all conditions incorporated by reference as described above.
General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on March 14, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may 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:
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-3- 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-2023-01112(NW-KMM), 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 2). 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 3) 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 channel 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
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-4- 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. d. Within 60 days of completion of the work authorized by this permit, the Permittee shall provide a courtesy copy of the signed and sealed As-Built drawings to the Corps, Engineering Division. Submittals shall be sent either electronically by email at ENPermits.CESAJ@usace.army.mil or by standard mail at Post Office Box 4970, Jacksonville Florida 32232-0019. 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. 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. The Permittee shall complete the “Application for Consent to Cross U.S. Government Easement” (Attachment 6) and submit to the Corps Real Estate Division SAJ-RE-Consent@usace.army.mil or Post Office Box 4970, Jacksonville, Florida 32232-0019 or by telephone at 904-570-4514. The application should include a boundary survey map along with the authorized construction plans and specifications for the project. Prior to commencement of construction, the Permittee shall provide a copy of the Corps approved Consent to Easement, or correspondence from the Real Estate Division indicating that a Consent to Easement is not required, to the address identified in the Reporting
Address Special Condition. 10. 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 in the attached drawings.
11. Notice of Permit: The Permittee shall complete and record the “Notice of Department of the Army Authorization” form (attached) 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
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-7- 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. 12. 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 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
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-8- 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 verification or have issues accessing the documents reference 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 Cc: Marie Bessette, Ray Qualmann Marine Construction Inc permits@qualmannmarine.com
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DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
DA PERMIT NUMBER: SAJ-2023-01112(NW-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)
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U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 1 of 5 06/05/2023Page 45
U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 2 of 5 06/05/2023Page 46
U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 3 of 5 06/05/2023Page 47
U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 4 of 5 06/05/2023Page 48
U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 5 of 5 06/05/2023Page 49
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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AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of
Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. For electronic
mail saj-rd-enforcement@usace.army.mil (not to exceed 15 MB). 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) ___________________________________ _______________________________________ Date Telephone Number
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-2- Date Work Started:____________________ Date Work Completed:______________________ Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
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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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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.
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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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Appendix A
APPLICATION FOR CONSENT TO CROSS U.S. GOVERNMENT EASEMENT
APPLICATION IS MADE for a Department of the Army Consent to Easement to construct, maintain, control, operate and repair a (state type of structure) ___________
______________________________________________________________________
___________________________ over, under, across, in, or upon the Easement vested in the United States of America as shown on the attached [include boundary survey map with legal description/construction plans and specifications of project], and situated in Section___, Township___ South, Range___ East, County of___________, Florida. Names and Mailing Addresses of Record Owners: ___________________________
____________________________________________________________________
____________________________________________________________________
Physical Address (location of project work): _________________________________
____________________________________________________________________
Email Address________________________________________________________
Applicant understands that permanent structures affixed to the land or otherwise constructed or situated in a manner lasting or meant to last indefinitely and not expected to change in status, condition, or place are not permitted within the U.S. Easement. Unauthorized structures include, but are not limited to, residential and commercial buildings, swimming pools, patios, outbuildings, fences, gazebos, satellite dishes, oil and gas wells, boat ramps and seawall enclosures of docking areas or other structures as defined in CFR Title 36, Section 327.20. Noncompliance may subject the Applicant to possible removal and enforcement action. The undersigned agrees that construction of the facility or structure involved in this application shall not begin until the Consent to Cross U.S. Government Easement, herein applied for, shall have been granted and appropriate rights shall have been acquired from the record owners and encumbrances of the underlying fee in the land involved.
____________________________ ____________________________ Property Owner(s) Name (Print) Property Owner(s) Name (Print) ____________________________ ____________________________ (Signature) (Signature) DATE: _________________
RETURN TO: US Army Corps of Engineers, Jacksonville District ATTN: Real Estate Division P.O. Box 4970 Jacksonville, FL 32232-0019
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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 Dec 04, 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: December 04, 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
7538579
SUN-SENTINEL
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Order # - 7538579
SUN-SENTINEL
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PUBLIC COMMENT
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From:Jilly Cammisa
To:Ingrid Allen
Cc:Jilly Cammisa; Jerry Cammisa (gcammisa@aol.com)
Subject:My view on Application for Seawall 1101 Highland Bch Dr., A
Date:Tuesday, December 12, 2023 10:28:57 PM
Attachments:PublicHearing121423.docx
Good evening Ingrid,
Thank you for calling me today and I appreciate the help you gave me about the plans for A unit’s
seawall project. If for any reason I don’t make it to the meeting, I rely on you reading out the
attached.
As Ron Brown, our Bel Lido Homeowners Association President, always says we appreciate our “little
piece of paradise’ here in the Bel Lido neighborhood! Highland Beach Drive is beautiful, especially
where we are right at the point of the Cul de Sac.
Kindest regards,
Jilly Cammisa
Estate Agent
PREMIER ESTATE PROPERTIES INC.
561.665.8181 Direct
561.271.7010 Mobile
561.278.7188 Facsimile
premierestateproperties.com
jilly@premierestateproperties.com
900 East Atlantic Avenue, Boutique 4, Delray Beach, Florida 33483
JILLY CAMMISA
Estate Agent
MOBILE 561.271.7010 DIRECT 561.665.8181 FACSIMILE 561.278.7188
jilly@premierestateproperties.com jillycammisa.info
Seller’s E-Box Presentation Buyer’s E-Box Presentation
900 East Atlantic Avenue, Suite 4, Delray Beach, Florida, 33483
Presenting Properties Exclusively In Excess of One Million Dollars™
OUR UNRIVALED GLOBAL NETWORK
Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of
the addressee(s) identified above and may contain information, which is legally privileged from disclosure and/or otherwise confidential. If a
recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is herebyadvised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or anyinformation contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please
advise the sender either by reply e-mail or by telephone at (561) 394.7700, immediately delete this e-mail communication from any
computer and destroy all physical copies of same. Thank you. Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication will be electronically filtered for "spam" and/or "viruses". That filtering process may result in such reply or other e-mailcommunications being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, there is no
guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner.
Accordingly, you should consider sending communications to us, which are particularly important or time-sensitive by means other than e-mail. Thank you.
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A Unit Permit for Seawall 6� above eleva�on NAD
As the immediate neighbour in our 4 Townhouse Highland Pointe Community, we are distressed to learn
about a building project that will have a disrup�ve effect on our small community.
I have asked ‘what is the increase in height for the proposed seawall compared to the exis�ng seawall
built in 1980?’ I’ve had no response from the engineer and as a layman cannot see that measurement
on the plans. Surely, it is not unreasonable to ask, as the direct neighbour who will be impacted by this
increased height of seawall, what will be the difference in feet & inches? Also I would like the proposed
“two 10-foot returns” explained to me?
I’ve spoken to Ingrid, our Town Planner and she assured me the plans are only for the new seawall and
not for the back terrace project that will severely compromise our water view. I was told by the architect
there would be a wall between our unit B’s pa�o and the new project for A unit. I understand we are in
a “mul�family” situa�on but for us to loose the huge selling point of a water’s edge view from our
adjacent back pa�o is extremely distressing. Please take these words on board for future planning and
permi�ng.
As a Real Estate agent for Premier Estate Proper�es in this area with over 20 years experience, I want to
stress that values are increased hugely by excep�onal or special wide water views. We have been the
owners of our residence for now almost eight years. It is a unique situa�on where by we have an
Intracoastal lagoon that does not get severely effected by Intracoastal boat traffic due to the marina of
Ocean Cove which acts as a buffer. Sadly, I sense no maintenance was done to the A unit seawall and
I’ve been told via the grapevine the owners believe their property is sinking. Well if there has been no
order to “fill” behind the seawall on a regular basis, there will be subsidence. If only waterfront
residents carried out annual maintenance to fill behind their seawall, this sense of “sinkage” could be
minimized.
As long as the proposed seawall construc�on is to code at 6 feet above base flood eleva�on and all
workers are licensed and insured, we cannot object. However, if the follow up project severely impacts
our water view, we shall object and make that statement now. Our current privacy on Unit B pa�o is key
and any changes to trees/vegeta�on on our property line must be reinstated at the expense of the A unit
owners. Ingrid told me that for planning permission for unit A’s next project there may not be a public
hearing so that’s why I have come out this morning to stress the importance to not compromise our B
unit’s wide water Intracoastal view. Thank You.
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While discussions are ongoing, an agreement has not been reached to date. Given the uncertainty of
when such an agreement may be reached, I reiterate our request that the Board vote to approve the
pending application subject to an appropriately worded condition which requires production of an
agreement with the defunct entity or other satisfactory evidence of ownership of the submerged
parcel in question. Given the increasingly dire and emergent need for us to replace our seawall for
the protection and preservation of our property, further continuances of this meeting will not serve
our interests. For these reasons, we would appreciate your favorable consideration of our request
and application.
Additionally, insofar as there was discussion at the last meeting concerning the return walls
identified on our plans, I have confirmed with our landscape architect that these walls shall be two
feet tall. Consequently, it is grossly inaccurate to conclude that these return walls will in any way
obstruct or impair the view of our neighbors to the immediate south. The only way such a view could
conceivably be obstructed would be if one were to lay on his/her stomach while laying on the
neighbor's patio. This is not a cognizable basis on which to deny our pending application.
We appreciate your time and consideration of our application.
On Wed, Jan 10, 2024 at 9:35 AM Lanelda Gaskins <lgaskins@highlandbeach.us> wrote:
From: Seth Hochbaum <sethhochbaum@gmail.com>
Sent: Wednesday, January 10, 2024 7:35 PM
To: Lanelda Gaskins <lgaskins@highlandbeach.us>
Cc: Ingrid Allen <iallen@highlandbeach.us>; Laura Coburn <lauracoburn3721@gmail.com>
Subject: Re: Planning Board Hearing - January 11, 2024
Good evening all,
Since I cannot attend tomorrow's continued Planning Board meeting due to out of state work
obligations, I offer the following comments to be read into the public record:
Since we last met in December, our counsel has been in touch with counsel for the principals of the
defunct entity which owns the 12' wide submerged parcel to the immediate north of our seawall.
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