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2024.01.11_PB_Agenda_RegularAGENDA PLANNING BOARD REGULAR MEETING Thursday, January 11, 2024 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3618 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us LIBRARY COMMUNITY ROOM 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. SWEARING IN OF THE PUBLIC 6. PUBLIC COMMENT (limited to five (5) minutes per speaker) 7. APPROVAL OF MINUTES A. December 14, 2023 8. UNFINISHED BUSINESS A. Development Order Application No. 23-0007 / Seth H. Hochbaum & Laura A. Coburn 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. 9. NEW BUSINESS A. Development Order Application No. 23-0010 / David Nutter / Boca Highland Center, Inc. Page 1 Agenda – Planning Board Regular Meeting Thursday, January 11, 2024, 9:30 AM Page 2 of 2 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. B. Development Application No. 23-0012 / Michael J. Beyer Application by Anthony Routhier, Cavadium, Inc., for a major modification to an existing building as provided in Section 30 -39 of the Town Code of Ordinances including but not limited to changes to the exterior façade, balconies, exterior walls, number of square feet, roof line, and elevation for the property located at 2365 South Ocean Boulevard. 10. ANNOUNCEMENTS January 15, 2024 Town Hall Closed in Observance of Martin Luther King Jr. Day February 06, 2024 1:30 PM Town Commission Meeting February 07, 2023 11:00 AM Natural Resources Preservation Advisory Board Meeting February 08, 2023 9:30 AM Planning Board Meeting 11. ADJOURNMENT Any person that decides to appeal any decision made by the Board of Adjustment & Appeals with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 2 File Attachments for Item: A. December 14, 2023 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Library Community Room 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: December 14, 2023 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:29 A.M. 2. ROLL CALL Board Member Eve Rosen Board Member Jason Chudnofsky Board Member David Axelrod Board Member David Powell Vice Chairperson Ilyne Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen ABSENT Board Member Roger Brown 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of A merica followed by Chairperson Goldenberg welcoming Member Axelrod to the Planning Board. 4. APPROVAL OF THE AGENDA Motion: Axelrod/Mendelson– Moved to approve the agenda as amended which passed 6 to 0. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. 6. PUBLIC COMMENT Page 4 Planning Board Regular Meeting Minutes Date: December 14, 2023 Page 2 of 4 There were no public comments. 7. APPROVAL OF MINUTES A. November 09, 2023 Motion: Powell/Axelrod – Moved to approve the minutes as presented which passed 6 to 0. 8. UNFINISHED BUSINESS A. None. 9. NEW BUSINESS A. Welcome New Board Member Eve Rosen Chairperson Goldenberg introduced Member Eve Rosen and announced that Member Harry Adwar had left the board. B. Development Order Application No. 23-0007 / Seth H. Hochbaum & Laura A. Coburn 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. Chairperson Goldenberg read the title of the item and asked the Board Members if they had any ex parte communications to disclose. The Members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented Development Order No. 23 -0007. Seth Hochbaum, property owner, made comments about the property in question in regard to ownership of the parcel north of the property. Kyle Martinez spoke about the return walls after being sworn in by deputy Town Clerk Jaclyn Dehart. Deputy Town Clerk DeHart swore in Jill Cammisa, owner of 1101 Highland Beach Dr. Apt B, who then voiced concerns over the development order. The Board discussed the application followed by a m otion. Page 5 Planning Board Regular Meeting Minutes Date: December 14, 2023 Page 3 of 4 Motion: Mendelson/ Powell – Moved to continue this item to the January 11, 2024, meeting. Based upon a roll call: Vice Chairperson Mendelson (Yes), Member Powell (Yes), Member Rosen (Yes), Member Chudnofsky (Yes), Member Axelrod (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote. C. Development Order Application No. 23-0016 / Le Sanctuaire Condominium Association An amendment to a previously approved major modification to an existing building (Development Order No. 23-0003) to modify the landscape plan to reflect landscaping in the FDOT's right-of-way (S.R. A1A) adjacent to the property located at 3425 South Ocean Boulevard. Chairperson Goldenberg read the title of the item and asked the Board Members if they had any ex parte communications to disclose. The Members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented Development Order No. 23-0016. Motion: Axelrod/Mendelson - Moved to approve (Development Order No. 22-0016, amendment to development order No. 23-0003). Based upon roll call: Member Axelrod (Yes), Vice Chairperson Mendelson (Yes), Member Rosen (Yes), Member Powell (Yes), Member Chudnofsky (Yes), and Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote. D. Consideration of the 2024 Proposed Planning Board Meeting Dates. Motion: Chudnofsky/Powell – Moved to accept the 2024 Planning Board Meeting schedule as presented, which passed unanimously 6 to 0. 10. ANNOUNCEMENTS Chairperson Goldenberg read the announcements as follows: December 19, 2023 1:30 P.M. Town Commission Meeting December 25, 2023 Town Hall Closed in observance of Christmas January 1, 2024 Town Hall Closed in observance of New Year's Day January 11, 2024 9:30 A.M. Planning Board Regular Meeting Page 6 Planning Board Regular Meeting Minutes Date: December 14, 2023 Page 4 of 4 11. ADJOURNMENT The meeting was adjourned at 10:20 A.M. APPROVED on January 11, 2024, Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Jaclyn DeHart 01/11/2024 ____________________________________ _____________________________ Jaclyn DeHart Date Deputy Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/vide o recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 7 File Attachments for Item: A. Development Order Application No. 23-0007 / Seth H. Hochbaum & Laura A. Coburn 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. Page 8 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. Page 9 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 10 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 11 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 12 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 tothe north of the subject property is affliated with the Ocean Cove at Highland BeachHOA. Page 13 SUBJECT PROPERTYAdjacent parcel to the northPage 14 1101 Highland Beach Drive01/05/2023Looking southwardUnit APage 15 01/09/2023Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 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 22 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 * Page 23 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 24 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 25 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 Page 26 INTRACOASTAL WATERWAYS OCEAN BLVDDOVER ST ENFIELD ST FORSYTH ST BELLIDODRTRANQUILITY DRINTRACOASTALDRHAVA N A D R RICO DRGLOUCHESTER ST OCEAN PLJ E F F E RY S T S OCEAN BLVD NEWCASTLE ST HIGHLAN DBEACHDR E JEFFERY STCOASTAL DRSFWMD GeoSpatial Services ¯ 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 27 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 28 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" ---- I--'-' , -- .... ---I 0 I-. (/) w et: <( j . 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 29 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 30 Page 31 Page 32 Page 33 Page 34 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 Page 35 -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: Page 36 -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 Page 37 -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 Page 38 -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 Page 39 -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 Page 40 -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 Page 41 -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 Page 42 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) Page 43 U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 1 of 5 06/05/2023Page 44 U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 2 of 5 06/05/2023Page 45 U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 3 of 5 06/05/2023Page 46 U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 4 of 5 06/05/2023Page 47 U.S. Army Corps of Engineers SAJ-2023-01112(NW-KMM) Sheet 5 of 5 06/05/2023Page 48 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 Page 49 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 Page 50 -2- Date Work Started:____________________ Date Work Completed:______________________ Identify any deviations from the approved permit drawings and/or special conditions (attach additional pages if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Page 51 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 52 CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC (3922) cell * FWC or #FWC Page 53 Prepared by: Permittee: ____________________________ Address: _____________________________ _____________________________________ Phone:_______________________________ NOTICE OF DEPARTMENT OF THE ARMY PERMIT TAKE NOTICE the United States Army Corps of Engineers (Corps) has issued a permit or verification __________ to _____________ (Permittee) on , , authorizing work in navigable waters of the United States in accordance with Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C 403) on a parcel of land known as Folio/Parcel ID: _______________________________________________________ located at _______________________________________________. Within 30 days of any transfer of interest or control of said property, the Permittee must notify the Corps in writing of the property transfer by submitting the completed permit transfer page included with the issued permit or verification. The subject permit or verification concerns only that portion of the property determined to fall within the jurisdiction of the Corps and this notice is applicable only to those portions of the subject property in, over, under, or affecting navigable waters of the United States . Conditions of the Permit/Verification: The permit or verification is subject to General Conditions and Special Conditions which may affect the use of the work authorized in Intracoastal Waterway. Accordingly, interested parties should closely examine the entire permit or verification, all associated applications, and any subsequent modifications. To obtain a copy of the authorization in its entirety submit a written request to: U.S. Army Corps of Engineers Regulatory Division - Special Projects & Enforcement Branch Post Office Box 4970 Jacksonville, Florida 32232-0019 Questions regarding compliance with these conditions should be dir ected to: U.S. Army Corps of Engineers Enforcement Section Post Office Box 4970 Jacksonville, Florida 32232-0019 Conflict Between Notice and Permit This Notice of Authorization is not a complete summary of the issued permit or verification. Provisions in this Notice of Permit shall not be used in interpreting the permit or verification provisions. In the event of conflict between this Notice of Permit and the permit or verification, the permit or verification shall control. Page 54 This Notice is Not an Encumbrance This Notice is for informational purposes only. It is not intended to be a lien, encumbrance, or cloud on the title of the premises. Release This Notice may not be released or removed from the public records without the prior written consent of the Corps . This Notice of Authorization is executed on this ________ day of _____________________, _______. This document is being submitted for recordation in the Public Records of Palm Beach County, Florida as part of the requirement imposed by the authorization SAJ -2014-01517 issued by Corps . Permittee: ______________________________ Address: _______________________________ _______________________________ Phone:_________________________ STATE OF FLORIDA COUNTY OF _____________ The foregoing instrument was acknowledged before me this ________day of __________________, 20____, by _________________, who is personally known to me or has produced __________________________ as identification. _______________________________ Notary Public (Seal) _______________________________ Print My Commission Expires____________ Page 55 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 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 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 Page 64 Order # - 7538579 SUN-SENTINEL Page 65 PUBLIC COMMENT Page 66 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. Page 67 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. Page 68 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. Page 69 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 Page 70 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). Page 71 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) Page 72 Page 73 Page 74 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. Page 75 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 -----------• • ----- Page 76 4801 South Ocean Boulevard• •PROJECT AREA------ - - - - - - - - ----------------------Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 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 Page 84 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. Page 85 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. Page 86 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. Page 87 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 Page 88 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. Page 89 Project Name: Boca Highland Dock and Seawall Permit No.: 50-196034-008-EM Page 7 of 12 (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. Page 90 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. Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 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. Page 111 -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 Page 112 -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 Page 113 -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 Page 114 -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 Page 117 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 Page 122 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 Page 123 STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½” by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 124 CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC (3922) cell * FWC or #FWC Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 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 Page 140 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 Page 141 Order # - 7548258 SUN-SENTINEL Page 142 SUN-SENTINEL Page 143 File Attachments for Item: B. Development Application No. 23-0012 / Michael J. Beyer Application by Anthony Routhier, Cavadium, Inc., for a major modification to an existing building as provided in Section 30-39 of the Town Code of Ordinances including but not limited to changes to the exterior façade, balconies, exterior walls, number of square feet, roof line, and elevation for the property located at 2365 South Ocean Boulevard. Page 144 PLANNING BOARD STAFF REPORT MEETING OF: January 11, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY ANTHONY ROUTHIER, CAVADIUM, INC., FOR A MAJOR MODIFICATION TO AN EXISTING BUILDING AS PROVIDED IN SECTION 30-39 OF THE TOWN CODE OF ORDINANCES INCLUDING BUT NOT LIMITED TO CHANGES TO THE EXTERIOR FAÇADE, BALCONIES, EXTERIOR WALLS, NUMBER OF SQUARE FEET, ROOF LINE, AND ELEVATION FOR THE PROPERTY LOCATED AT 2365 SOUTH OCEAN BOULEVARD. (DO#23-0012). Applicant (Property Owner): Michael J. Beyer 2365 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: Anthony Routhier Cavadium, Inc. 4163 Davis Road Palm Springs, FL 33461 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family Estate Lots (RE) Parcel PCN#: 24-43-46-28-09-000-0040 Site Location: 2365 South Ocean Boulevard I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 145 Property Background According to the Palm Beach County Property Appraiser, the existing home was built in 2013. Request and Analysis: The Applicant is proposing a major modification to an existing single-family home located at 2365 South Ocean Boulevard. Pursuant to Section 30-39 of the Town Code, major modifications to existing buildings are described as follows: “…that alter existing principal or accessory structures, including but not limited to the building footprint, number of square feet, building height, number of dwelling units, parking requirements, change in exterior facade, change of use, change of roof line, change of elevation, all exterior walls, balconies, foundations, accessory structures, and similar substantial improvements as determined by the building official. The proposed major modification consists of the following: - Exterior façade changes including modifications to balconies, new columns and stone cladding to window surrounds. - Enclose existing covered loggia/lanai with a roof deck above. - The addition of 3,953 square feet (under AC) as follows: First floor, 172 square feet Second floor, 1,899 square feet Garage loft, 1,882 square feet - Alteration of the roof line on the north and south wings of the existing home. The Applicant is also proposing to replace all existing windows and doors which according to Section 30-39 of the Town Code is considered a minor modification and therefore does not require Planning Board approval. Note that all proposed modifications are proposed west of the Coastal Construction Control Line (CCCL) and therefore a CCCL permit from the Florida Department of Environmental Protection (FDEP) is not required. 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 of the approved major modification shall be initiated within two (2) years following the date of approval by the Planning Board. According to Section 30-39(b) of the Town Code, major building modifications are to be reviewed in the same manner as an original structure or use as required by Chapter 30 (Zoning Code). Section 30-31 of the Town Code requires site plan approval from the Planning Board for new single-family residences. Pursuant to Section 30-22 of the Town Code, when acting in a decision-making capacity, the Planning Board shall approve, approve with conditions, or deny applications for development approval which includes major modifications. Staff has reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on December 20, 2023 and finds that the project is consistent with the Code of Ordinances. Page 146 Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Ingrid Allen Town Planner Attachments: Application Aerials Applicant proposed Plans (11X17) Page 147 2 Please see next page for detailed description of proposed project. D023-0012 Page 148 2A DETAILED DESCRIPTION OF PROPOSED PROJECT Page 149 Page 150 236 5 South Ocea n Blvd.Palm Be ach Cou ntyNone December 14 , 2 023 0 0.015 0.030.007 5 mi 0 0.025 0.050.012 5 km 1:1,12 8 Crea te d b y: P alm Beach Co untyµPage 151 2365 South Ocean Blvd. - FRONT01/10/2023Page 152 2365 South Ocean Blvd. - REAR01/10/2023Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 PUBLIC NOTICE APPLICATION NO. 23-0012 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 ANTHONY ROUTHIER, CAVADIUM, INC., FOR A MAJOR MODIFICATION TO AN EXISTING BUILDING AS PROVIDED IN SECTION 30- 39 OF THE TOWN CODE OF ORDINANCES INCLUDING BUT NOT LIMITED TO CHANGES TO THE EXTERIOR FAÇADE, BALCONIES, EXTERIOR WALLS, NUMBER OF SQUARE FEET, ROOF LINE, AND ELEVATION FOR THE PROPERTY LOCATED AT 2365 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 Page 171 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 7548287 SUN-SENTINEL Page 172 Order # - 7548287 SUN-SENTINEL Page 173 SUN-SENTINEL Page 174