2024.06.13_PB_Agenda_RegularAGENDA
PLANNING BOARD REGULAR MEETING
Thursday, June 13, 2024 AT 9:30 AM
TOWN OF HIGHLAND BEACH, FLORIDA
3614 S. OCEAN BOULEVARD
HIGHLAND BEACH, FL 33487
Telephone: (561) 278-4548
Website: www.highlandbeach.us
Town Hall Commission Chambers
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. SWEARING IN OF THE PUBLIC
6. APPROVAL OF MINUTES
A. May 09, 2024
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
A. Development Order Application No. PZ-24-3 / Jamie and Nissan Hamuy
Application by David Nutter, B & M Marine Construction Inc., for a special
exception to install a 10,000-pound capacity boat lift in slip number 12 (located
on the north side of Braemar Isles Condominium) for the property at 1017 Grand
Court.
9. ANNOUNCEMENTS
June 18, 2024 1:30 PM Town Commission Meeting
July 09, 2024 1:00 PM Code Enforcement Board Regular Meeting
Page 1
Agenda – Planning Board Regular Meeting
Thursday, June 13, 2024, 9:30 AM Page 2 of 2
July 11, 2024 9:30 AM Planning Board Regular Meeting
10. 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. May 09, 2024
Page 3
TOWN OF HIGHLAND BEACH
PLANNING BOARD REGULAR MEETING
MINUTES
Town Hall Commission Chambers
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Date: May 09, 2024
Time: 9:30 AM
1. CALL TO ORDER
Chairperson Goldenberg called the meeting to order at 9:30 A.M. He mentioned that
three Board Members would be absent from today’s meeting and that the technology
was not working so the meeting would not be streamed.
2. ROLL CALL
Board Member David Powell
Board Member Jason Chudnofsky
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
Board Member David Axelrod
Board Member Eve Rosen
3. PLEDGE OF ALLEGIANCE
The Board Members led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
Motion: Mendelson/Chudnofsky - Moved to approve the agenda as presented
which passed 4 to 0.
5. SWEARING IN OF THE PUBLIC
Deputy Town Clerk Jaclyn DeHart swore in those giving testimony.
Page 4
Planning Board Regular Meeting Minutes
Date: May 09, 2024 Page 2 of 3
6. APPROVAL OF MINUTES
A. April 11, 2024
Motion: Powell/Chudnofsky - Moved to approve the minutes as presented
which passed 4 to 0.
7. UNFINISHED BUSINESS
A. None
8. NEW BUSINESS
A. Development Order Application No. PZ-24-1 / Anders & Christine Nessen
Application by Richard Brummer, Opus Homes D&E LLC, for a major
modification request to allow for the construction of a new two-story
pavilion for the property located at 1096 Bel Lido Drive.
Chairperson Goldenberg read the title of the item and asked the Board Members
if they had any ex parte communications to disclose. The Members had no ex
parte communications.
Chairperson Goldenberg opened the public hearing and called Town Planner
Allen to present the application.
Town Planner Allen presented Development Order No. PZ -24-1 and mentioned
that due to the lack of technology there would be no PowerPoint presentation,
but as always, all backup materials are in the provided agenda packet.
Christen Nessen, homeowner, provided comments on the project.
The Board discussed the application.
Keith Sorensen, contractor, and Anders Nessen, homeowner, were present but
no questions were asked of them.
The public hearing was closed followed by a motion.
Motion: Mendelson/Chudnofsky - Moved to approve Development Order PZ-
24-1 and the motion passed on a 4 to 0 vote.
9. ANNOUNCEMENTS
May 14, 2024 1:00 PM Code Enforcement Board Meeting
May 21, 2024 1:30 PM Town Commission Meeting
June 13, 2024 9:30 AM Planning Board Meeting
Page 5
Planning Board Regular Meeting Minutes
Date: May 09, 2024 Page 3 of 3
10. ADJOURNMENT
The meeting adjourned at 9:42 AM.
_________________________________
Eric Goldenberg, Chairperson
ATTEST:
Transcribed by:
Jaclyn DeHart
____________________________________ __________06/13/2024__________
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/video
recordings are permanent records and are available on the Town’s Media Archives &
Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 6
File Attachments for Item:
A. Development Order Application No. PZ-24-3 / Jamie and Nissan Hamuy
Application by David Nutter, B & M Marine Construction Inc., for a special exception to
install a 10,000 pound capacity boat lift in slip number 12 (located on the north side of
Braemar Isles Condominium) for the property at 1017 Grand Court.
Page 7
PLANNING BOARD
STAFF REPORT
MEETING OF: JUNE 13, 2024
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY DAVID NUTTER, B & M MARINE
CONSTRUCTION, INC., FOR A SPECIAL EXCEPTION TO
INSTALL A 10,000 POUND CAPACITY BOAT LIFT IN SLIP
NUMBER 12 (LOCATED ON THE NORTH SIDE OF BRAEMAR
ISLES CONDOMINIUM) FOR THE PROPERTY AT 1017 GRAND
COURT. (DO# PZ-24-3)
Applicant (Property Owner): Nissan and Jamie Hamuy
1017 Grand Court
Highland Beach, FL 33487
Applicant’s Agent: David Nutter
B & M Marine Construction, Inc.
1211 South Military Trail #200
Deerfield Beach, FL 33442
Property Characteristics:
Site Location: Slip No. 12 located on the north side of Braemar Isles
Condominium
Comprehensive Plan Land Use: Multi Family Low Density
Zoning District: Residential Multiple Family Low Density (RML)
Parcel PCN#: 24-43-47-09-00-002-0120
Background:
On October 12, 2023, the Planning Board approved a special exception request (DO# 23-0008) to
install a 73 linear foot seawall and seawall cap, and seven (7) bumper piles for the property located
at 1017 Grand Court (motion carried 6-0).
GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 8
Request and Analysis:
The Applicant is proposing to install a 10,000 pound capacity, four-post boat lift in slip number 12
(located on the north side of Braemar Isles Condominium) for the property at 1017 Grand Court.
There is currently a floating platform lift in slip number 12 which will be removed if the special
exception request is approved. Note that according to the Applicant’s warranty deed, the property
has one (1) parcel control number but contains two (2) parcels including the property at 1017 Grand
Court and slip number 12 located on the north side of Braemar Isles Condominium.
The Applicant has obtained Florida Department of Environmental Protection (FDEP)
authorization for the above-referenced request (FDEP File No. 50-0378919-004-EE). According
to the FDEP authorization (dated March 21, 2024), a separate authorization from U.S. Army Corps
of Engineers is not required.
The proposed boat lift is located in the RML zoning district and such multiple family zoning
districts are exempt from marine facility side yard setbacks. The proposed request is in compliance
with the below definition of “boat lift” as provided in Section 30 -131 of the Town Code. According
to the Applicant’s lift detail (sheet 2), the top of the lift equipment is 7.5 feet above the existing
dock while the top of the vessel’s superstructure is 8.5 feet above the dock.
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot
above the minimum seawall elevation. In no case shall the lift be higher than the
superstructure of the boat when lifted.
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 accessory marine facilities including
boat lifts.
Following an approval by the Planning Board and prior to initiation of construction, the Applicant
will be required to obtain a building permit from the Town of Highland Beach Building Department.
Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated
within two (2) years following the date of approval by the Planning Board.
Staff has reviewed the Applicant’s proposed request including plans date stamped received by the
Building Department on May 20, 2024 and finds that the project is consistent with the Town Code
of Ordinances.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Attachments: Application
Warranty deed
Aerials
Photos – existing conditions
HOA email correspondence
FDEP approval
Applicant proposed plans (11x17)
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Page 10
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Page 12
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Page 14
SLIP #12 (SAME OWNER AS 1017 GRAND COURT)01/01/2024Page 15
Palm Be ach Cou nty
Apr il 18, 202 4
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 16
SLIP #12
Page 17
SLIP #12Page 18
Page 19
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www.floridadep.gov
FF L O R I D AA D E P A R T M E N TT O F
EEnvironmentall Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ronn DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Shawnn Hamilton
Secretary
March 21, 2024
Nissan Hamuy
1017 Grand Court
Highland Beach, FL 33487
Sent via e-mail: nutt3839@bellsouth.net
Re: File No.: 50-0378919-004-EE
File Name: 1017 Grand Ct Boat Lift
Dear Nissan Hamuy:
On February 28, 2024, we received your request for verification of exemption to remove an
existing floating vessel platform and install a boat lift within Slip No. 12. The project is located in
the Intracoastal Waterway, Class III Waters, adjacent to 1017 Grand Court, Highland Beach
(Section 09, Township 47 South, Range 43 East), in Palm Beach County (Latitude N
26°23'40.1430", Longitude W -80°4'11.3730").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption,
(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for
the activity.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Juliana Hall at the letterhead
address or at Juliana.Hall@FloridaDEP.gov
1. Regulatory Review –VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt, under Chapter 62-330.051(5)(h), Florida Administrative Code, from the need to obtain a
regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
Page 21
Project No.: 50-378919-004-EE
Project Name: 1017 Grand Ct Boat Lift
Page 2 of 5
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial
modifications to the project design should be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Review- NOT REQUIRED
The activity does not require further authorization under chapter 253 of the Florida Statutes, or
chapters 18-20 or 18-21 of the Florida Administrative Code
3. Federal Review - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit VI-R1, and a
SEPARATE permit or authorization will not be required from the U.S. Army Corps of
Engineers. Please note that the Federal authorization expires on July 27, 2026. However, your
authorization may remain in effect for up to 1 additional year, if provisions of Special Condition
15 of the SPGP VI-R1 permit instrument are met. You, as permittee, are required to adhere to all
General Conditions and Special Conditions that may apply to your project. Special conditions
required for your project are attached. A copy of the SPGP VI-R1 with all terms and conditions
and the General Conditions may be found online in the Jacksonville District Regulatory Division
Sourcebook (https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).
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.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
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 hearing process may result in a modification of the
agency action or even denial of the application.
Page 22
Project No.: 50-378919-004-EE
Project Name: 1017 Grand Ct Boat Lift
Page 3 of 5
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
Page 23
Project No.: 50-378919-004-EE
Project Name: 1017 Grand Ct Boat Lift
Page 4 of 5
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
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.
EXECUTION AND CLERKING
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Danielle C. Sattelberger
Environmental Administrator
Southeast District
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Project No.: 50-378919-004-EE
Project Name: 1017 Grand Ct Boat Lift
Page 5 of 5
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP VI-R1
General Conditions for Federal Authorization for SPGP VI-R1
Project drawings, 4 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP –Danielle Sattelberger, Juliana Hall
David Nutter, DJN Permitting Services, nutt3839@bellsouth.net
Additional mailings:
SPGP,nmfs.ser.statewideprogrammatic@noaa.gov ;spgp@usace.army.mil
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
___________ ____________
Clerk Date
receipt of which is
___________
Clerk
Page 25
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒
(h) The installation of a pile-supported boat lift within an existing mooring area at a docking
facility that is legally in existence, provided:
1. Such installation does not conflict with a condition of a permit issued thereunder;
2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1) FS. History –New 10-1-13, Amended 6-1-18.
Page 26
Special Conditions for Federal Authorizations for SPGP VI-R1
1. Authorization, design and construction must adhere to the terms of the SPGP VI
instrument including the General Conditions for All Projects, Special Conditions for All
Projects, Applicable activity-specific special conditions, Procedure and Work
Authorized sections.
2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment
28, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC
AP.1.).
3. All activities must be performed during daylight hours (Reference: JAXBO PDC
AP.6.).
4. For all projects involving the installation of piles, sheet piles, concrete slab walls or
boatlift I-beams (Reference Categories A, B and C of JAXBO PDCs for In-Water Noise
from Pile and Sheet Pile Installation, page 86):
a. Construction methods limited to trench and fill, pilot hole (auger or drop punch),
jetting, vibratory, and impact hammer (however, impact hammer limited to installing no
more than 5 per day).
b. Material limited to wood piles with a 14-inch diameter or less, concrete piles with a
24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal
boatlift I-beams, concrete slab walls, vinyl sheet piles, and metal sheet piles.
c. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized
(Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet
Pile Installation, page 86.).
d. Projects within the boundary of the NOAA Florida Keys National Marine
Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs
AP.14 and A1.6).
5. The Permittee shall comply with the “Standard Manatee Conditions for In-Water
Work – 2011” (Attachment 29).
6. No structure or work shall adversely affect or disturb properties listed in the National
Register of Historic Places or those eligible for inclusion in the National Register. Prior to
the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s
behalf, shall conduct a search of known historical properties by contracting a professional
archaeologist, and contacting the Florida Master Site File at 850-245-6440 or
SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National
Register Information System (NRIS). Information can be found at
http://www.cr.nps.gov/nr/research.
Page 27
a. If, during the initial ground disturbing activities and construction work, there are
archaeological/cultural materials unearthed (which shall include, but not be limited to:
pottery, modified shell, flora, fauna, human remains, 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), the Permittee shall
immediately stop all work in the vicinity and notify the Compliance and Review staff of
the State Historic Preservation Office at 850-245- 6333 and the Corps Regulatory
Archeologist at 904-232-3270 to assess the significance of the discovery and devise
appropriate actions, including salvage operations. 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 C.F.R. § 325.7.
b. In the unlikely event that human remains are identified, the remains will be treated
in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall
immediately cease and the local law authority, and the State Archaeologist (850-245-
6444) and the Corps Regulatory Archeologist at 904-232-3270 shall immediately be
notified. Such activity shall not resume unless specifically authorized by the State
Archaeologist and the Corps.
7. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish
and Wildlife Service’s regulations governing compliance with these laws. The Permittee
should contact the appropriate local office of the U.S. Fish and Wildlife Service to
determine if such “take” permits are required for a particular activity.
8. Mangroves. The design and construction of a Project must comply with the following
(Reference: JAXBO PDCs AP.3 and AP.12.):
a. All projects must be sited and designed to avoid or minimize impacts to
mangroves.
b. Mangrove removal must be conducted in a manner that avoids any unnecessary
removal and is limited to the following instances:
(1) Removal to install up to a 4-ft-wide walkway for a dock.
(2) Removal of mangroves above the mean high water line (MHWL) provided
that the tree does not have any prop roots that extend into the water below the MHWL.
(3) Mangrove trimming. Mangrove trimming refers to the removal (using hand
equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of
the trunk of the tree) in a manner that ensures survival of the tree.
(a) Projects with associated mangrove trimming waterward of the MHWL are
authorized if the trimming: (a) occurs within the area where the authorized structures are
placed or will be placed (i.e., removal of branches that overhang a dock or lift),
(b) is necessary to provide temporary construction access, and (c) is conducted in a
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manner that avoids any unnecessary trimming.
(b) Projects proposing to remove red mangrove prop roots waterward of the
MHWL are not authorized, except for removal to install the dock walkways as described
above.
9. For Projects authorized under this SPGP VI in navigable waters of the U.S., 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 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.
10. Notifications to the Corps. For all authorizations under this SPGP VI, including Self-
Certifications, the Permittee shall provide the following notifications to the Corps:
a. 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 8).
b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion
of the work authorized by this permit, the Permittee shall complete the “Self-Certification
Statement of Compliance” form (Attachment 9) 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.
c. Permit Transfer. 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. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date the enclosed form (Attachment 10).
d. Reporting Address. The Permittee shall submit all reports, notifications,
documentation, and correspondence required by the general and special conditions of this
permit to the following address.
(1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10
MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals.
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11. The District Engineer reserves the right to require that any request for authorization
under this SPGP VI be evaluated as an Individual Permit. Conformance with the terms
and conditions of the SPGP VI does not automatically guarantee Federal authorization.
12. On a case-by-case basis, the Corps may impose additional Special Conditions which
are deemed necessary to minimize adverse environmental impacts.
13. Failure to comply with all conditions of the SPGP VI constitutes a violation of the
Federal authorization.
14. The SPGP VI will be valid through the expiration date unless suspended or revoked by
issuance of a public notice by the District Engineer. The Corps, in conjunction with the
Federal resource agencies, will conduct periodic reviews to ensure that continuation of the
permit during the period ending expiration date, is not contrary to the public interest. The
SPGP VI will not be extended beyond the expiration date but may be replaced by a new
SPGP. If revocation occurs, all future applications for activities covered by the SPGP VI
will be evaluated by the Corps.
15. If the SPGP VI expires, is revoked, or is terminated prior to completion of the
authorized work, authorization of activities which have commenced or are under
contract to commence in reliance upon the SPGP VI will remain in effect provided the
activity is completed within 12 months of the date the SPGP VI expired or was
revoked.
Special Conditions for Shoreline Stabilization activities.
16. Shoreline stabilization structures other than vertical seawalls shall be no steeper than
a 2 horizontal:1 vertical slope (Reference: JAXBO PDC A1.1.4.).
17. Placement of backfill is limited to those situations where it is necessary to level the land
behind seawalls or riprap.
18. Living shoreline structures and permanent wave attenuation structures can only be
constructed out of the following materials: oyster breakwaters, clean limestone boulders or
stone (sometimes contained in metal baskets or cages to contain the material), small
mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete
and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth
sawfish, or sturgeon (Reference: JAXBO PDC A7.5.).
a. Reef balls or similar structures are authorized if they are not open on the bottom, are
open-bottom structures with a top opening of at least 4 ft, or are pre-fabricated structures,
such as reef discs stacked on a pile, and are designed in a manner that would not entrap
sea turtles.
b. Oyster reef materials shall be placed and constructed in a manner that ensures that
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materials will remain stable and that prevents movement of materials to surrounding
areas (e.g., oysters will be contained in bags or attached to mats and loose cultch must
be surrounded by contained or bagged oysters or another stabilizing feature) (Reference:
JAXBO PDC A7.2.).
c. Oyster reef materials shall be placed in designated locations only (i.e., the materials
shall not be indiscriminately dumped or allowed to spread outside of the reef structure)
(Reference: JAXBO PDC A7.3.)
d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as
measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species
movement (Reference: JAXBO PDC A7.6.).
e. Other materials are not authorized by this SPGP VI (Reference: JAXBO PDC
A7.5.).
Special Conditions for Boat Ramp activities.
19. Restrictions on Dredged Material and Disposal: Excavation is limited to the area
necessary for site preparation. All excavated material shall be removed to an area that is
not waters of the United States, as that term is defined and interpreted under the Clean
Water Act, including wetlands (Reference: JAXBO PDC A6.2.).
20. Turbidity: The length of new boat ramps and repair and replacement of existing boat
ramps to make them longer should ensure a water depth at the end of the ramp is deep
enough to minimize sediment resuspension associated with launching vessels in shallow
water (Reference: JAXBO PDC A6.5.).
Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-
Supported Structures.
21. Chickees must be less than 500 ft² and support no more than 2 slips (Reference:
JAXBO PDC A2.1.6.).
22. The design and construction of a Project over marsh (emergent vegetation) must
comply with the following:
a. The piling-supported structure shall be aligned so as to have the smallest over- marsh
footprint as practicable.
b. The over-marsh portion of the piling-supported structure (decking) shall be
elevated to at least 4 feet above the marsh floor.
c. The width of the piling-supported is limited to a maximum of 4 feet. Any
exceptions to the width must be accompanied by an equal increase in height
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requirement.
23. Mangroves. For pile-supported structures, the following additional requirements for
mangroves found in the joint U.S. Army Corps of Engineers’/National Marine Fisheries
Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) shall apply:
a. The width of the piling-supported structure is limited to a maximum of 4 feet.
b. Mangrove clearing is restricted to the width of the piling-supported structure.
c. The location and alignment of the piling-supported structure should be through the
narrowest area of the mangrove fringe.
24. Regarding SAV, the design and construction of a Project must comply with the
following:
a. A pile supported structure
(1) that is located on a natural waterbody (i.e. outside an artificial waterway that
was excavated for boating access and is bordered by residential properties); and
(2) that is within the range of seagrass (estuarine waters within all coastal
counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet),
but outside of the range of Johnson’s seagrass (the range of Johnson’s seagrass is
defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon
systems on the east coast of Florida) will be constructed to the following standards:
(a) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then SAV is presumed present and the
pile-supported structure must comply with, or provide a higher level of protection than,
the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine
Fisheries Service’s “Construction Guidelines in Florida for Minor Piling- Supported
Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11). For the purposes of SPGP, two uncovered
boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts and minor structures in Monroe County may be installed within
existing boat slips without completion of a SAV survey. Boatlift accessory structures, like
catwalks, shall adhere to “Construction Guidelines in Florida for Minor Piling- Supported
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Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11) if a SAV survey has not been completed.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face (wet face) of the seawall).
(b) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including seagrass,
tidal freshwater SAV and emergent vegetation), then the pile-supported structure must
comply with, or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit, two uncovered boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts may be installed within existing boat slips without completion of a
SAV survey.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face (wet face) of the seawall).
(c) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is absent (including seagrass,
tidal freshwater SAV and emergent vegetation), then no design restrictions are required
and boatlifts may include a cover.
(d) A pile supported structure
(i) that is located on a natural waterbody (i.e. outside an artificial waterway that
was excavated for boating access and is bordered by residential properties); and
(ii) that is within the range of Johnson’s seagrass (the range of Johnson’s seagrass
is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems
on the east coast of Florida) but not within Johnson’s seagrass critical habitat will be
constructed to the following standards:
(iii) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then seagrass is presumed present and the
pile-supported structure must comply with or provide a higher level of protection than, the
protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries
Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
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Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) with the sole exception of the number of allowable boat
lifts. For the purposes of this permit, two uncovered boatlifts are allowed.
(e) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including seagrass,
tidal freshwater SAV and emergent vegetation), THEN pile-supported structure must
comply with or provide a higher level of protection than, the protective criteria in the joint
U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit, two uncovered boatlifts are allowed.
(f) If a survey is performed in accordance with the methods described in
the procedure section of this document, section I.3, and SAV is absent (including
seagrass, tidal freshwater SAV and emergent vegetation), THEN no design
restrictions are required and boatlifts may include a cover.
(g) A pile supported structure located within Johnson’s seagrass critical
habitat will be constructed to the following standards:
(i) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, then seagrass is presumed present and the
pile-supported structure must comply with or provide a higher level of protection than, the
protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries
Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11) with the sole exception of the number of allowable boat
lifts. For the purposes of this permit, two uncovered boatlifts are allowed.
(ii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is absent and the project is
1. A dock replacement in the same footprint, no design restrictions are required.
2. A new dock or dock expansion THEN pile-supported structure must comply
with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s
“Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries
Service updated November 2017 (Attachment 11). For the purposes of this
permit, two uncovered boatlifts are allowed.
Page 34
(iii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3, and SAV is present (including
seagrass, tidal freshwater SAV and emergent vegetation), then pile-supported structure
must comply with or provide a higher level of protection than, the protective criteria in
the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s
“Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017 (Attachment 11). For the purposes of this permit, two uncovered
boatlifts are allowed.
25. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 30) describes the presence of North Atlantic right whales in the area and
the Federal regulations governing the approach to North Atlantic right whales. The
FDEP or Designee will attach the North Atlantic Right Whale Information Form to their
authorizations for any dock project (new construction, repair, or replacement) at a
private residence located within 11 nautical miles of an inlet that leads to areas within
the known range of North Atlantic right whale. These zones, with an 11 nm radius, are
described by the North Atlantic Right Whale Educational Sign Zones, Attachment 7
(from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive). (Reference JAXBO PDC
A2.4).
26. Educational Signs. For commercial, multi-family, or public facilities, and marine events,
signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2
and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile
Supported Structures and Anchored Buoys, starting on page 112.):
a. For commercial, multi-family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to
vessel strikes and hook-and-line captures. The most current version of the signs that must
be downloaded and sign installation guidance are available at:
(https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational-
signs). The signs required to be posted by area are stated below:
https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational-
signs
(1) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) Projects within the North Atlantic right whale educational sign zone shall
post the Help Protect North Atlantic Right Whales sign.
(3) On the east coast of Florida, projects located within the St. Johns River and
those occurring north of the St. Johns River to the Florida-Georgia line shall post the
Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar
Page 35
Key, Florida north to the Florida-Alabama line.
27. Monofilament Recycling Bins. For commercial, multi-family, or public facilities,
monofilament recycling bins must be provided as described below (Reference: The
below replicates PDC A.2.3 within the table PDCs Specific to Activity 2 – Pile
Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.):
a. For commercial, multi-family, or public facilities, monofilament recycling bins must
be provided at the docking facility to reduce the risk of turtle or sawfish entanglement
in, or ingestion of, marine debris. Monofilament recycling bins must:
(1) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
(2) Be maintained in working order and emptied frequently (according to
http://mrrp.myfwc.com standards) so that they do not overflow.
28. Lighting for docks installed within visible distance of ocean beaches. If lighting is
necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is
explained and examples are provided on the Florida Fish and Wildlife Conservation
Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/
(Reference: JAXBO PDC A2.8.).
29. Construction Location. Project construction shall take place from uplands or from
floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference:
JAXBO PDC A2.9.).
30. Aids to Navigation (ATONs). ATONs must be approved by and installed in accordance
with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C,
part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements)
(Reference: JAXBO PDC A2.5.).
31. Aids to Navigation (ATONs) in Acropora critical habitat. The distance from ATONs to
ESA-listed corals and Acropora critical habitat (Attachment 20) shall ensure there are no
impacts to the corals or the essential feature of Acropora critical habitat from the
movement of buoys and tackle. The appropriate distance shall be based on the size of the
anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly
when the design of the ATON does not prohibit the contact of tackle with the marine
bottom. In all cases, buoy tackle will include flotation to ensure there is no contact
between the anchor chain or line and the marine bottom (Reference: JAXBO PDC
A2.10.).
32. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.):
(1) ATONs (pile-supported and anchored buoys) are allowed in nearshore
reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA
DPS) of loggerhead sea turtle critical habitat.
Page 36
(2) No other pile-supported structures are allowed in nearshore reproductive
habitat.
Special Conditions for Derelict vessels
33. Visual confirmation (e.g., divers, swimmers, and camera) will be completed prior to
removal to ensure that the item can be removed without causing further damage to aquatic
natural resources.
34. Coral. If an item cannot be removed without causing harm to surrounding coral (ESA
listed or non-listed), the item will be disassembled as much as practicable so that it no
longer can accidentally harm or trap species.
35. Monofilament debris will be carefully cut loose from coral (ESA listed or non-listed) so
as not to cause further harm. Under no circumstance will line be pulled through coral since
this could cause breakage of coral.
36. Marine debris removal methods. Marine debris shall be lifted straight up and not be
dragged through seagrass beds, coral reefs, coral, or hard bottom habitats. Trawling also
cannot be used as a means of marine debris removal. Debris shall be properly disposed of
in appropriate facilities in accordance with applicable federal and state requirements.
37. An absorbent blanket or boom shall be immediately deployed on the surface of the water
around any derelict vessel to be removed if fuel, oil, or other free-floating pollutants are
observed during the work.
Special Conditions for Scientific Devices
38. Aquatic Life Passage. The scientific survey device, including any related equipment and
anchors, shall not block access of species to an area. For example, the structures shall not
prevent movement in or out of a river or channel.
39. Restoring Affected Area. No later than 24 months after initial installation or upon
completion of data acquisition, whichever comes first, the measuring device and any other
structure or fills associated with that device (e.g., anchors, buoys, lines) must be removed
and the site must be restored to pre-construction conditions.
40. Preventing Device Relocation. The scientific survey device, including any related
equipment and anchors, shall be inspected and any required maintenance performed at
least twice a year and following storm events that may have moved or dislodged the
structure to ensure that equipment and anchors are still in place and have not moved to
areas containing ESA-listed corals.
General Conditions for All Projects:
Page 37
1. The time limit for completing the work authorized ends on July 27, 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 or 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 enclosed form (Attachment 10) and forward a copy of the permit to
this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit.
6. You must allow representatives 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.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
Page 38
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
3. Reliance on Applicant’s Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit
at any time the circumstances warrant. Circumstances that could require a reevaluation
include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CER 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. 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. To validate the transfer of this permit and the
associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date the enclosed form.
7. 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
Page 39
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, relocation or
alteration.
Page 40
Department of the Army Permit Transfer for SPGP VI-R1
PERMITEE: _________________________________________________
PERMIT NUMBER: ___________________________________ DATE: ___________
ADDRESS/LOCATION OF PROJECT:
______________________________________________________________________
______________________________________________________________________
(Subdivision) (Lot) (Block)
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 Branch, Post Office Box 4970, Jacksonville, FL
32232-0019.
___________________________________________ _____________________
(Transferee Signature) (Date)
_____________________________________________________________________
(Name Printed)
_____________________________________________________________________
(Street address)
______________________________________________________________________
(Mailing address)
______________________________________________________________________
(City, State, Zip Code)
Page 41
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 42
Page 43
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential
presence of these species and the need to avoid collisions with sea turtles and smalltooth
sawfish. All construction personnel are responsible for observing water-related activities
for the presence of these species.
b. The permittee shall advise all construction personnel that there are civil and criminal
penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are
protected under the Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish
cannot become entangled, be properly secured, and be regularly monitored to avoid
protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the National Marine
Fisheries Service’s Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at “no wake/idle” speeds
at all times while in the construction area and while in water depths where the draft of the
vessel provides less than a four-foot clearance from the bottom. All vessels will
preferentially follow deep-water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of
operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish.
Operation of any mechanical construction equipment shall cease immediately if a sea turtle
or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not
resume until the protected species has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service’s Protected Resources Division
(727-824-5312) and the local authorized sea turtle stranding/rescue organization.
Page 44
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the
construction of a project, shall be reported immediately to NMFS’s Protected Resources
Division (PRD) at (727-824-5312).
i. Reports to NMFS’s Protected Resources Division (PRD) may be made by email to
takereport.nmfsser@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations’ contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
l. All work must occur during daylight hours.
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N00°46'02"E60.01'S01°40'32"E60.03'EAST 17.45'
WEST 20.01'
BRAEMAR ISLES CONDOMINIUM
4740 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH FLORIDA, 33487
OFFICIAL RECORDS BOOK 3644, PAGE 1731
PALM BEACH COUNTY RECORDS
YACHT BASIN
ORB 17156, PAGE 1742, (PBCR)
EXISTING LAYOUT IDENTIFICATION:
1.EXISTING 3.5' WIDE CONCRETE SEAWALL CAP TO REMAIN
2. EXISTING 4.5' WOOD MARGINAL DOCK TO REMAIN
3. EXISTING 31.5' x 4' WOOD PIER IN ADJACENT SLIP TO REMAIN
4. EXISTING LIFTS IN ADJACENT SLIPS TO REMAIN
5. EXISTSING 12.3' x 16.7' FLOATING PLATFORM LIFT TO BE REMOVED
EXISTING CONDITIONS
SCALE: NOT TO SCALE
PROPOSED LAYOUT IDENTIFICATION:
1. EXISTING 3.5' WIDE CONCRETE SEAWALL CAP TO REMAIN
2. EXISTING 4.5' WOOD MARGINAL DOCK TO REMAIN
3. EXISTING 31.5' x 4' WOOD PIER IN ADJACENT SLIP TO REMAIN
4. EXISTING LIFTS IN ADJACENT SLIPS TO REMAIN
5. PROPOSED 10000lb 4-POST BOAT LIFT
6. PROPOSED 10" DIA. WOOD PILES (TYP OF 4)
PROPOSED CONDITIONS
SCALE: NOT TO SCALE
EAST 17.45'
WEST 20.01'
BRAEMAR ISLES CONDOMINIUM
4740 SOUTH OCEAN BOULEVARD
HIGHLAND BEACH FLORIDA, 33487
OFFICIAL RECORDS BOOK 3644, PAGE 1731
PALM BEACH COUNTY RECORDS
YACHT BASIN
ORB 17156, PAGE 1742, (PBCR)
JOB No: DATESCALE:NOTES/REVISIONSPREPARED FOR:B & M MARINECONSTRUCTION, INC.1211South Military Trail, Suite 200Deerfield Beach, Fl 33442954-421-1700 CGC052820Mark E. Weber, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netDATE:
ofBOAT LIFT FOR:HAMUY RESIDENCE 1017 GRAND COURTSLIP 12HIHGLAND BEACH, FL19-2165
2/27/2024
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12.5' c-c2.2'4'6' (TOP OF LIFT PILESABOVE DECKING7.5' (TOP OF LIFT EQUIPMENTABOVE DECKING)1' (MAXHEIGHT OFBOTTOM OFKEEL ABOVEDECKING)TOP OF VESSEL
SUPERSTRUCTURE
TOP OF DOCK/PIER
EL. + 3.48' NAVD
MHW +0.36' NAVD
MLW -1.99' NAVD
4
3
6
5
EXISTING BERM TO REMAIN
0.4' TO
PROPERTY
LINE
SLIP 12
PROPERTY
LINE
LIFT DETAIL - END VIEW
SCALE: 3 8" = 1'-0"
4.8' TO
PROPERTY LINE
SLIP 12
PROPERTY
LINE
PROPOSED LIFT IDENTIFICATION:
1. EXISTING SEAWALL PANELS, CAP AND PILES TO REMAIN
2. EXISTING WOOD FRAMED DOCK TO REMAIN
3. EXISTING WOOD FRAMED PIER TO REMAIN
4. EXISTING CONCRETE DOCK/PIER PILES TO REMAIN
5. PROPOSED 10000lb 4-POST BOAT LIFT
6. PROPOSED 10" DIA. WOOD LIFT PILE (TYP OF 4)
JOB No: DATESCALE:NOTES/REVISIONSPREPARED FOR:B & M MARINECONSTRUCTION, INC.1211South Military Trail, Suite 200Deerfield Beach, Fl 33442954-421-1700 CGC052820Mark E. Weber, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netDATE:
ofBOAT LIFT FOR:HAMUY RESIDENCE 1017 GRAND COURTSLIP 12HIHGLAND BEACH, FL19-2165
2/27/2024
AS SHOWN
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Page 47
LIFT DETAIL - SIDE VIEW
SCALE: 3 8" = 1'-0"
12.5' o-o 18.5'7.2'2.7'
MHW +0.36' NAVD
MLW -1.99' NAVD
EXISTING BERM TO REMAIN6' (TOP OF LIFT PILESABOVE DECKING7.5' (TOP OF LIFT EQUIPMENTABOVE DECKING)1' (MAXHEIGHT OFBOTTOM OFKEEL ABOVEDECKING)EXTENSION OF DECKING
LINE FOR REFERENCE
SLIP 12 PROPERTY LINE
1
2
3
4
TOP OF DOCK/PIER
EL. + 3.48' NAVD
TOP OF CAP
EL. + 4.50' NAVD
PROPOSED LIFT IDENTIFICATION:
1. EXISTING SEAWALL PANELS, CAP AND PILES TO REMAIN
2. EXISTING WOOD FRAMED DOCK TO REMAIN
3. EXISTING WOOD FRAMED PIER TO REMAIN
4. EXISTING CONCRETE DOCK/PIER PILES TO REMAIN
5. PROPOSED 10000lb 4-POST BOAT LIFT
6. PROPOSED 10" DIA. WOOD LIFT PILE (TYP OF 4)
JOB No: DATESCALE:NOTES/REVISIONSPREPARED FOR:B & M MARINECONSTRUCTION, INC.1211South Military Trail, Suite 200Deerfield Beach, Fl 33442954-421-1700 CGC052820Mark E. Weber, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netDATE:
ofBOAT LIFT FOR:HAMUY RESIDENCE 1017 GRAND COURTSLIP 12HIHGLAND BEACH, FL19-2165
2/27/2024
AS SHOWN
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3 4
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50-378919-004-EE
Page 48
1. Concrete piles shall attain 5000 psi compressive strength in 28 days.
2. Concrete piles shall be reinforced with four -
716"Ø lo-lax strands, 270 kips, and 5 ga. spiral ties.
3. Concrete piles shall be 12"x12" square, minimum length of 20'.
4. Concrete piles shall be cut to leave strands exposed a min. of 18" and tied to dock or cap steel.
5. For all prestressed pilings, extend pilings strands a min. of 18" into cap/dock slab steel or cut
strands even w/ top of pilings & dowel & epoxy (2) #5 L-bars, 12" long w/ 12" bend, into top
of pilings, w/ a min. of 4" embedment.
6. New batter and vertical pilings and panels to have a minimum 4" penetration into the new cap
form. New dock pilings to have a minimum 3" penetration into the new dock slab form.
1. Piles shall be driven using an approved cushion block consisting of material so arranged so
as to provide the transmission of hammer energy.
2. Piles shall be driven to a minimum allowable bearing capacity of 10 tons for wood, and 25
tons for concrete, and 5 tons for pin piles, a minimum of 8' into berm or refusal.
3. Piles shall be driven with a drop hammer or gravity hammer provided the hammer shall
weight no less than 3,000 pounds, and the fall of the hammer shall not exceed 6'.
4. Piles shall be driven with a variation of not more than
14 inch per foot from the vertical, or
from the batter line indicated, with a maximum variation of the head of the pile from the
position shown on the plans of not more than three inches.
5. Where piling must penetrate strata offering high resistance to driving, the structural engineer
of record or special inspector may require that the piles be set in pre-drilled or punched
holes. The piles shall reach their final penetration by driving.
1. Construction to follow the Florida Building Code 8th Edition (2023) and 2020 NEC and
amendments as applicable and all Local, State and Federal Laws.
2. Licensed contractor shall verify the existing conditions prior to the commencement of the
work. Any conflicts or omissions between existing conditions or the various elements of the
working drawing shall be brought to the attention of the Engineer prior to the
commencement of the work. The Licensed Contractor and all subcontractors are responsible
for all lines, elevations, and measurements in connection with their work.
3. Do not scale drawings for dimensions.
4. Any deviation and/or substitution from the information provided herein shall be submitted
to the Engineer for approval prior to commencement of work.
5. All unanticipated or unforeseen demolition and/or new construction conditions which
require deviation from the plans and notes herein shall be reported to the Engineer prior to
commencement of work.
6. All new work and/or materials shall conform to all requirements of each administrative body
having jurisdiction in each appertaining circumstance.
7. All new materials and/or patchwork shall be provided to match existing materials and/or
adjoining work where practical except as specifically noted herein.
8. Licensed Contractor to shall use all possible care to protect all existing materials, surfaces,
and furnishings from damage during all phases of construction.
9. Licensed Contractor to verify location of existing utilities prior to commencing work.
10. The Licensed contractor to install and remove all shoring and bracing as required for the
proper execution of the work.
11. Licensed Contractor to obtain all permits as necessary from all Local, State, and Federal
agencies.
12. Turbidity barriers to be marked with site contractor's company name using permanent
markings no smaller than 3 inches in height on the top of the barrier.
1. Concrete shall conform to ACI 318-14 and shall be regular weight, sulfate resistant, with a design
strength of 5000 psi at 28 days with a maximum water-cementitious materials ratio, by weight
aggregate concrete of 0.40.
2. Owner shall employ and pay for testing services from an independent testing laboratory for
concrete sampling and testing in accordance with ASTM.
3. Licensed contractor is responsible for the adequacy of forms and shoring and for safe practice in
their use and removal.
4. Concrete cover shall be 3" unless otherwise noted on the approved drawings.
5. Reinforcing steel shall be in conformance with the latest version of ASTM A615 Grade 60
specifications. All reinforcement shall be placed in accordance with ACI 315 and ACI Manual of
Standard Practice.
6. Splices in reinforcing bars shall be not be less than 48 bar diameters and reinforcing shall be
continuous around all corners and changes in direction. Continuity shall be provided at corners
or changes in direction by bending the longitudinal steel around the corner 48 bar diameters.
7. Defective, cracked or loose concrete areas must be cut out, the rebar must be cleaned, coated
with zinc and repaired with at least 3" of expoxy-concrete mix or gunnite concrete with
sulfate-resistant cement.
8. For cap overpours, dowel and epoxy #5 bars or L-bars into top and/or front of existing cap,
staggered @ 24" o.c., min. 4" embedment.
1. All materials to be pressure treated pine unless otherwise noted.
2. All frame work materials to be Southern Yellow Pine Grade #1, Fb=1200 PSI and Fv=175 PSI.
3. All decking materials to be grade #1 unless otherwise noted.
4. All hardware to be Stainless Steel or Galvanized unless otherwise noted.
1. Wood piles to be 2.5lb CCA treated in accordance with AWPA Standard C18.
2. Wood piles shall be a minimum diameter of 10"; Miami Dade County requires minimum
diameter of 12".
GENERAL NOTES:
PILE DRIVING: (IF PILES NEW ARE INSTALLED)
CONCRETE NOTES: (IF CONCRETE STRUCTURES ARE INSTALLED)
CONCRETE PILE NOTES: (IF CONCRETE PILES ARE INSTALLED)
WOOD PILES NOTES: (IF WOOD PILES ARE INSTALLED)
WOOD DOCK/PIER NOTES: (IF WOOD STRUCTURES ARE INSTALLED)
1. Contractor of record and permit holder responsible for all shoring. Until provisions for
permanent support have been made, all excavations shall be properly guarded and protected so
as to prevent them from becoming dangerous to life and property and shall be sheet piled,
braced and/or shored, where necessary, to prevent the adjoining earth from caving in; such
protection to be provided by the person causing the excavation to be made. All excavations
shall comply with the minimum requirements of the Florida Building Code, and Florida Statute
553.60, “Trench Safety Act,” and 29-cfr1926-650 (p) “Occupational Safety and Health
Administration Excavation Safety Act.”
SHORING NOTE: (IF EXISTING SEAWALL IS TO BE REMOVED AND REPLACED)
JOB No: DATESCALE:NOTES/REVISIONSPREPARED FOR:B & M MARINECONSTRUCTION, INC.1211South Military Trail, Suite 200Deerfield Beach, Fl 33442954-421-1700 CGC052820Mark E. Weber, P.E.LICENSE #53895 | CA 30702MW ENGINEERING, INC902 NE 1 Street Suite #2Pompano Beach, Florida 33060Ofc: 754-333-0877WWW.MwEngineering.netDATE:
ofBOAT LIFT FOR:HAMUY RESIDENCE 1017 GRAND COURTSLIP 12HIHGLAND BEACH, FL19-2165
2/27/2024
AS SHOWN
SHT-4
4 4
6RXWKHDVW'LVWULFW
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50-378919-004-EE
Page 49
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PUBLIC NOTICE
APPLICATION NO. PZ-24-3
500 Ft Public Notification Boundary
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, June 13, 2024 at 9:30 AM in the Commission Chambers at Town
Hall located at 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following
application.
APPLICATION BY DAVID NUTTER, B & M MARINE CONSTRUCTION, INC.,
FOR A SPECIAL EXCEPTION TO INSTALL A 10,000 POUND CAPACITY BOAT
LIFT IN SLIP NUMBER 12 (LOCATED ON THE NORTH SIDE OF BRAEMAR
ISLES CONDOMINIUM) FOR THE PROPERTY AT 1017 GRAND COURT.
The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday
through Friday during normal business hours of 8:30 a.m. to 4:30 p.m.
Any person that decides to appeal any decision made by the Planning Board with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record of the
proceeding is made, which includes the testimony and evidence upon which the appeal is based.
The Town of Highland Beach does not provide such a record.
In accordance with the Americans with Disabilities Act, persons who need special accommodation
to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548
at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the
Florida Relay Service at 1-800-955-8770 or 1-800-955-8771.
For additional information, please contact the Town Planner at (561) 278-4540.
TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT
Page 57
Sold To:
Town of Highland Beach Florida - CU00661788
3614 S Ocean Blvd
Highland Beach FL 33487,FL 33487-3393
Bill To:
Town of Highland Beach Florida - CU00661788
3614 S Ocean Blvd
Highland Beach FL 33487,FL 33487-3393
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, and by publication on the
newspaper¶s website, if authorized on Jun 03, 2024
SSC_Notice of Public Meeting
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: June 03, 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
7641336
SUN-SENTINEL
Page 58
Order # - 7641336
SUN-SENTINEL
Page 59