Loading...
Land Development and Planning Project Files_1000-1016 Bel Air Dr._20240912_PZ-24-6TRANSMITTAL FORM REPORT OF REVIEW & ACTION BY PLANNING BOARD Transmit to: Town Planner Ingrid Allen Building Department Date: September 12, 2024 Applicant/Owner: Akbar Mondal/ Yachtsman's Cove Town House Property Address: 1000-1016 Bel Air Drive, Highland Beach, FL 33487 Property Control Number: 24434704340000012 Application No. PZ-24-6 Preliminary Review: Final Review: special exception to install a new 884 square foot dock and to raise the existing seawall cap an additional three (3) feet for the Yachtsman’s Cove Townhouse Condominium Association Inc., Amended Site Plan Review Other AT THE September 12, 2024, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN: Denied Approved Approved with Modifications (as noted) Other: IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE BOARD’S FINDINGS: MOTION: Rosen/Axelrod - Moved to approve (Development Order No. PZ-24-6). Based upon roll call: Member Rosen (Yes), Member Axelrod (Yes), Member Brown (Yes), Member Chudnofsky (Yes), Member Chudnofsky (Yes), Vice Chairperson Mendelson and Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote. CLERK’S OFFICE USE ONLY: Transmitted to the Building Department: 09/12/2024 REVIEW GIVEN TO SUBJECT PROPERTY PLANNING BOARD STAFF REPORT MEETING OF: SEPTEMBER 12, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY AKBAR MONDAL, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION TO INSTALL A NEW 884 SQUARE FOOT DOCK AND TO RAISE THE EXISTING SEAWALL CAP AN ADDITIONAL THREE (3) FEET FOR THE YACHTSMAN’S COVE TOWNHOUSE CONDOMINIUM ASSOCIATION INC. LOCATED AT 1000-1016 BEL AIR DRIVE (APPLICATION NO. PZ-24-6) Applicant (Property Owner): Yachtsman’s Cove Townhouse Condominium Association, Inc. 1000-1016 Bel Air Drive Highland Beach, FL 33487 Applicant’s Agent: Akbar Mondal Boat Lifts & Docks of South Florida 1013 Northwest 31 Avenue Pompano Beach, Fl. 33069 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Request and Analysis: The Applicant is requesting a special exception to install a new 884 square foot concrete dock and to raise the existing three (3) foot seawall cap an additional three (3) feet for the Yachtsman’s Cove I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 8 Townhouse Condominium Association Inc. located at 1000-1016 Bel Air Drive. According to the Applicant’s submitted plans, there is currently a 784.55 square foot wood dock. The Applicant has obtained both Florida Department of Environmental Protection (FDEP) and US Army Corps of Engineers (ACOE) authorization for the above-referenced items . The corresponding file/permit numbers for each agency are provided in the table below. FDEP (PERMIT NO.) ACOE (FILE NO.) 50-0446149-001,002-EE SAJ-2019-02616 (NWP/RGP-DND) Given the property is located in the RML zoning district, accessory marine facilities to include docks are exempt from marine side yard setback requirements. 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 to include plan set, date stamped received by the Building Department on August 19, 2024 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. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerial FDEP approval ACOE approval HOA approval Applicant Plans (11X17) Page 9 Page 10 Page 11 Yachtsman's Cove Townhouse CondominiumPage 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 May 2, 2024 Regulatory Division South Permits Branch Palm Beach Gardens Section SAJ-2019-02616(NWP/RGP-DND) Larry Herskovitz 1004 Bel Air Drive Highland Beach, Florida 33487 Sent via email: larry@hirshmagmt.com Dear Mr. Herskovitz: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit received on March 7, 2024. Your application was assigned file number SAJ-2019-02616. A review of the information and drawings provided indicates that the proposed work would result in raising the existing seawall concrete cap 3 feet high, constructing a 4-feet-wide by 221-feet-long concrete dock, and installing 21 concrete pilings. 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). The project is located near the Intracoastal Waterway at 1004 Bel Air Drive, in Section 4, Township 47 South, Range 43 East in Highland Beach, Palm Beach County, Florida; Latitude: 26.396266° and Longitude: -80.069604°. The aspect of your project involving raising the existing seawall concrete cap 3 feet high, as depicted on the attached drawings, is authorized by Nationwide Permit (NWP) 13 (Bank Stabilization). This verification is valid until March 14, 2026. In order for this NWP authorization 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. 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 “Nationwide Permits.” Among other things, this part of the Source Book contains links to the federal register containing the text of the pertinent DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 701 SAN MARCO BOULEVARD JACKSONVILLE, FLORIDA 32207-8175 Page 24 -2- NWP authorization and the associated NWP general conditions, as well as separate links to the regional conditions applicable to the pertinent NWP verification. The aspect of your project involving construction of a 4-feet-wide by 221-feet-long concrete dock and installing 21 concrete pilings, 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. If you commence or are under contract to commence this activity before the date that SAJ-20 expires or is revoked, you will have 12 months from the date of the expiration or revocation of SAJ-20 to complete the activity under the present terms and conditions of SAJ-20. Please access the Corps' Jacksonville District Regulatory Division Source Book web page to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Please be aware this Internet address is case sensitive and you will need to enter it exactly as it appears above. Once there, select “General Permits.” Then you will need to select the specific SAJ permit noted above. You must comply with all of the special and general conditions for the NWP and RGP, including any project-specific conditions included in this letter and all conditions incorporated by reference as described above. General Conditions: 1. The time limit for completing the work authorized by NWP 13 ends on March 14, 2026. The time limit for completing the work authorized by RGP SAJ-20 ends on March 28, 2028. 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 Page 25 -3- 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 attached transfer form and forward a copy to this office to validate the transfer of this authorization. 5. 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, FL 32232-0019. The Permittee shall reference this permit number, SAJ-2019-02616 (NWP/RGP-DND), 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. 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 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. Page 26 -4- 4. 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 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. Page 27 -5- 5. 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. 6. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011”. The most recent version of the Manatee Conditions must be utilized. 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. 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. 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. 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. Page 28 -6- 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 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 verification letter or have issues accessing the documents referenced in this letter, please contact Davielle Drayton at the Technical Regional Execution Center on behalf of the Palm Beach Gardens Section at 100 W. Oglethorpe Ave, Savannah, GA 31401, by telephone at 912-856-6796, or by email at davielle.n.drayton@usace.army.mil. Sincerely, Jason Sweeney SAJ Team Lead SAD Technical Regional Execution Center 2024.05.02 12:48:08 -04'00' Page 29 -7- Enclosures: Transfer Request Commencement Notification Self-Certification Permit Drawings Standard Manatee Conditions Cc: Akbar Mondal, Agent (docksandlifts@gmail.com) Page 30 DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST DA PERMIT NUMBER: SAJ-2019-02616(NWP/RGP-DND) 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 31 COMMENCEMENT NOTIFICATION Within ten (10) days 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-2019-02616(NWP/RGP-DND) 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 32 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-2019-02616(NWP/RGP-DND) 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 33 Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA, Map data © OpenStreetMap contributors, CC- BY-SA µ 0 0.25 0.50.13 mi Legend Site Location Coordinate System: WGS 1984 Web Mercator Auxiliary SphereMap Center: 80.072078°W 26.396043°N Map Created by: Davielle DraytonSAJ-2019-02616 Date: 5/1/2024 Page 34 Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA, State of Florida, Surdex GSI, Maxar, Microsoft µ 0 0.01 0.030.01 mi Legend Site Location Coordinate System: WGS 1984 Web Mercator Auxiliary SphereMap Center: 80.06939°W 26.396646°N Map Created by: Davielle DraytonSAJ-2019-02616 Date: 5/1/2024 Page 35 Existing 221' x 3.55' (5.55' from wetface,1224.7sf) wood dock to replaced withconcrete dock in same footprintExisting 441' concretecap to be raised up by 3'Existing 10000llb elevator lift in Slip#3 (To be remained)existing 10000llb elevator liftwith 20' x 12' PWC platform(240sf) in Slip #7 to beremainedExisting elevator lift in Slip #1 (Tobe remained)EXISTING CONDITIONSSCALE: 1" = 40'-0"YACHTSMAN COVE TOWNHOUSE CONDOMINIUM ASSO HERSKOVITZ (SLIP 7), 1016 BEL AIR DRIVE HIGHLAND BEACHPage 36 SITE PLANSCALE: 1" = 20'-0"SLIP3SLIP2SLIP1SLIP7SLIP4SLIP5SLIP6WetfaceProperty line⅊Existing 10000llb elevator lift in Slip#3 (To be remained)existing 10000llb elevator liftwith 20' x 12' PWC platform(240sf) in Slip #7 to beremainednew 221' x 4' (6' from wetface) concretedock with 21 new concrete pilesExisting concrete cap to beraised by 3'x441'Turbidity curtains in placeduring installation of pilingsExisting elevator lift in Slip #1 (Tobe remained)251'-10"cap extension to be flushedwith stair level 3' highFL# 32348 YACHTSMAN COVE TOWNHOUSE CONDOMINIUM ASSO HERSKOVITZ (SLIP 7), 1016 BEL AIR DRIVE HIGHLAND BEACHPage 37 Dock/Steel DETAILSCALE: 3/8" = 1'-0"Existing bermto remainExisting seawall, capand pilings to remainExisting wetfaceMLW -1.99' NAVDMHW +0.36' NAVDExisting dockto remain;PROPERTY LINE Existing grade to remainElev = +6.0' NAVDNew 12" dia. concrete pilings4'10"1'General Steel Notes:1.#5 bars @ 12" o.c. eachway and #3 cross tie2.#5 bars bottom, full length over pile 12"3.(2) #5 bars top & bottom, full length over pile4.#5 bars drilled and epoxied 12" O.C.into existing cap min. 4" embed.5.#5 bars hooked into dock steel a min. of 12" with #3 cross ties 10" o.c.6.#5 bars continuous with #3 stirrups @12" o.c.7.#5 stair bars @ 12" o.c. hooked into upper and low slabs8. #5 bars continuous with #3 stirrups @24" o.c.3See GeneralNote #251246Elev = +10.0' NAVD3' FL# 32348 YACHTSMAN COVE TOWNHOUSE CONDOMINIUM ASSO HERSKOVITZ (SLIP 7), 1016 BEL AIR DRIVE HIGHLAND BEACHPage 38 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 39 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 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 PUBLIC NOTICE APPLICATION NO. PZ-24-6 500 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, September 12, 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 AKBAR MONDAL, BOAT LIFTS & DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION TO INSTALL A NEW 884 SQUARE FOOT DOCK AND TO RAISE THE EXISTING SEAWALL CAP AN ADDITIONAL THREE (3) FEET FOR THE YACHTSMAN’S COVE TOWNHOUSE CONDOMINIUM ASSOCIATION INC. LOCATED AT 1000-1016 BEL AIR DRIVE. 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 48 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 Sep 02, 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: September 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 7686792 SUN-SENTINEL Page 49 Order # - 7686792 SUN-SENTINEL Page 50