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2025.01.16_PB_Agenda_RegularAGENDA PLANNING BOARD REGULAR MEETING Thursday, January 16, 2025 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3618 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us 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. December 12, 2024 7. NEW BUSINESS A. Development Order Application No. PZ-24-17 / Michael B. Weisberg Trust Application no. 24-17 by Boat Lifts & Docks of South Florida, requesting a special exception (for the property located at 4748 South Ocean Boulevard #LPH-6) to install a 24,000 pound capacity boat lift in slip no. 25 of the Boca Highland Marina. 8. UNFINISHED BUSINESS A. 2025 PROPOSED PLANNING BOARD MEETING DATES 9. ANNOUNCEMENTS January 21, 2025 1:30 PM Town Commission Meeting February 11, 2025 1:00 PM Special Magistrate Hearing Page 1 Agenda – Planning Board Regular Meeting Thursday, January 16, 2025, 9:30 AM Page 2 of 2 February 13, 2025 9:30 AM Planning Board 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.) T he Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 2 File Attachments for Item: A. December 12, 2024 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall Commission Chambers 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: December 12, 2024 Time: 9:30 AM 1. CALL TO ORDER Vice Chairperson Mendelson called the meeting to order at 9:30 A.M. 2. ROLL CALL Board Member Jason Chudnofsky Board Member David Axelrod Board Member David Powell Board Member Eve Rosen Board Member Roger Brown Vice Chairperson Ilyne Mendelson Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen ABSENT Chairperson Eric Goldenberg 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA Motion: Rosen/ Axelrod - Moved to approve the agenda as presented which passed 6 to 0. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. 6. APPROVAL OF MINUTES A. November 14, 2024 Page 4 Planning Board Regular Meeting Minutes Date: December 12, 2024 Page 2 of 4 Motion: Rosen/Powell - Moved to approve the minutes as presented which passed 6 to 0. 7. UNFINISHED BUSINESS A. None 8. NEW BUSINESS A. Development Order Application No. PZ-24-7 / 3519 S. Ocean Blvd. LLC Application No. PZ-24-7 by Mark Hunley, Charette International Architecture, requesting an amendment to a previously approved site plan for a new three-story single family residence (Development Order No. 22 - 0017) in order to alter the location of the residence approximately nine feet westward, to increase the square footage under AC from 3,997 to 4,052, and to reduce the rear covered patio and rear balcony by 1.5 feet for the property located at 3521 South Ocean Boulevard. Vice Chairperson Mendelson read the title of the item and as ked the Board Members if they had any ex parte communications to disclose. The Members had no ex parte communications. Vice Chairperson Mendelson opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented Development Order Application No. PZ-24-7 and provided a brief overview of the history of the application. Mark Hunley, Charette International Architecture, provided comments on the application. Vice Chairperson Mendelson closed the public hearing. Motion: Powell/Chudnofsky - Moved to approve Development Order Application No. PZ-24-7. Based upon a roll call: Member Powell (Yes), Member Chudnofsky (Yes), Member Rosen (Yes), Member Brown (Yes), Member Axelrod (Yes), and Vice Chairperson Mendelson (Yes). The motion passed on a 6 to 0 vote. B. Development Order Application No. PZ-24-9 / NJC Highland LLC Application No. PZ-24-9 by the Benedict Bullock Group, PA requesting site plan approval for a new three level, 8,154 square foot single family residence with pool for the property located at 3723 South Ocean Boulevard. Page 5 Planning Board Regular Meeting Minutes Date: December 12, 2024 Page 3 of 4 Vice Chairperson Mendelson 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. Vice Chairperson Mendelson opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented Development Order Application No. PZ-24-9. Thomas Benedict, Benedict Bullock Group, provided comments on the application. Vice Chairperson Mendelson closed the public hearing. MOTION: Mendelson/Powell - Moved to approve Development Order No. PZ- 24-8 9 with the following condition of approval: Provide Florida Department of Environmental Protection (FDEP) approval for project prior to issuance of Town building permit. Based upon roll call: Vice Chairperson Mendelson (Yes), Member Powell (Yes), Member Rosen (Yes), Member Brown (Yes), Member Chudnofsky (Yes), and Member Axelrod (Yes). The motion passed on a 6 to 0 vote. C. Development Order Application No. PZ-24-15 / Robert Hammond Application No. PZ-24-15 by William Thomas, Unlimited Permit Services, Inc., requesting a special exception to install a 136'6" seawall along with associated seawall cap, a 297.5 square foot dock, and a 16,000 pound capacity elevator boat lift for the property located at 4203 Tranquility Drive. Vice Chairperson Mendelson 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. Vice Chairperson Mendelson opened the public hearing and called Town Planner Allen to present the application. Town Planner Allen presented Development Order Application No. PZ-24-15. William Thomas, Unlimited Permit Services, provided comments on the application. The Board discussed the application and asked questions of the applicant. Norman Weinstein, 4207 Tranquility Dr., provided comments on the application. Darrin Dunlea, Seadar builders, provided comments on the application. The Board discussed the application and Vice Chairperson Mendelson closed the public hearing. Page 6 Planning Board Regular Meeting Minutes Date: December 12, 2024 Page 4 of 4 MOTION: Mendelson/Chudnofsky - Moved to approve Development Order No. PZ-24-15. Based upon roll call: Vice Chairperson Mendelson (Yes), Member Chudnofsky (Yes), Member Rosen (Yes), Member Brown (Yes), Member Powell (Yes), and Member Axelrod (Yes). The motion passed on a 6 to 0 vote. D. Consideration of the 2025 Proposed Planning Board Meeting Dates. MOTION: Axelrod/Rosen – Moved to approve the first three dates of the Proposed Planning Board Meeting Schedule (January 16, 2025, February 13, 2025, and March 13, 2025), and discuss the rest of the dates at the January 2025 meeting, which passed 6 to 0. 9. ANNOUNCEMENTS December 17, 2024 1:30 PM Town Commission Meeting 10. ADJOURNMENT The meeting adjourned at 10:34 AM. APPROVED on January 16, 2025 Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Jaclyn DeHart ____________________________________ __________01/16/2024_________ 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 o n the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 7 File Attachments for Item: A. Development Order Application No. PZ-24-17 / Michael B. Weisberg Trust Application no. 24-17 by Boat Lifts & Docks of South Florida, requesting a special exception (for the property located at 4748 South Ocean Boulevard #LPH-6) to install a 24,000 pound capacity boat lift in slip no. 25 of the Boca Highland Marina. Page 8 PLANNING BOARD STAFF REPORT MEETING OF: JANUARY 16, 2025 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY BOAT LIFTS & DOCKS OF SOUTH FLORIDA, REQUESTING A SPECIAL EXCEPTION (FOR THE PROPERTY LOCATED AT 4748 SOUTH OCEAN BOULEVARD #LPH-6) TO INSTALL A 24,000 POUND CAPACITY BOAT LIFT IN SLIP NO. 25 OF THE BOCA HIGHLAND MARINA. (APPLICATION NO. PZ-24- 17) Applicant (Property Owner): Michael B. Weisberg 4748 South Ocean Boulevard #LPH-6 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) Parcel Control Number: 24-43-47-09-03-001-1606 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 9 Request and Analysis: The Applicant is requesting a special exception to install a 24,000 pound capacity boat lift in slip No. 25 of the Boca Highland Marina. The request is on behalf of the property owner residing at 4748 South Ocean Boulevard #LPH-6 which is located within the Dalton Place Condominium. The Applicant has obtained Florida Department of Environmental Protection (FDEP) authorization for the above-referenced boat lift (FDEP File No. 50 -0452793-001-EE). According to the FDEP authorization (dated November 8, 2024), a separate authorization from the U.S. Army Corps of Engineers is not required. According to the Applicant’s boat lift detail (sheet DET-1) the top of the lift measures approximately 4 feet 10 inches from the existing wood dock. The Applicant has not superimposed the superstructure components of the boat on the lift detail sheet (this is not a requirement of the Town Code). That said and at the request of Town staff, the Applicant has provided a note on sheets DET-1 and DET-2, that references compliance with the boat lift definition found in Section 30-131 of the Town Code (see below). 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. Note that the Boca Highland Marina (south of Grant Court) only accommodates perpendicular docking of vessels. Section 30-68(g)(7) of the Town Code provides the following regulations pertaining to perpendicular docking: Perpendicular docking. Unless otherwise provided herein, boats shall not be moored or docked perpendicular to the property at which they are located. a. boat moored at the landward end of a canal constructed for boat docking purposes may be moored perpendicular to the property line, provided such mooring does not impede the navigation of adjacent property owners. b. A boat moored in the Intracoastal Waterway may be moored perpendicular to the property line, subject to approval by the U.S. Army Corps of Engineers. c. A request for perpendicular docking of a boat in a canal shall be considered as a special exception by the planning board. Applications for development order approval of perpendicular docking of boats shall be subject to all standards applicable to a special exception request, and the additional criteria contained herein: 1. Location of docks, docked boats, and relation to side setbacks shall be established by the waterward extension of property lines. 2. Perpendicular docking of boats shall not interfere with navigation of other boats within the affected canal, and will not be a hazard to navigation. 3. Perpendicular docking of boats shall comply with all setbacks required for accessory marine facilities. 4. Docks or accessory mooring facilities approved by the planning board for perpendicular docking of boats may exceed the maximum extension into a waterway allowed for accessory marine facilities. Page 10 5. The building official or planning board may request evidence, prepared by a recognized marine expert, demonstrating the following: i. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the ability of abutting or adjacent property owners to construct accessory marine facilities; ii. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the normal ability of abutting or adjacent property owners to moor, maneuver, use or otherwise move a boat; and iii. Proposed perpendicular docking and related accessory marine facilities will not deny reasonable visual access of abutting property owners to public waterways. According to the Applicant, the proposed boat lift “does not encroach/affect adjacent properties/slips,” and will not deny reasonable visual access of abutting property owners to the public waterway given there are other boat lifts in the marina (see Applicant’s attached response letter). Given the property is located in the RML zoning district, accessory marine facilities to include boat lifts are exempt from marine side yard setback requirements. Section 30-67(b) of the Town Code indicates that boat lifts in the 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 December 17, 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 Aerials FDEP approval HOA approval Applicant response to perpendicular docking criteria Applicant Plans (11X17) Page 11 Page 12 Page 13 0 0.04 0.070.02 Miles ±Scale: 1:2,257 Date: 12/19/2024 Time: 2:46 PM DALTON PLACE CONDO 4748 S. OCEAN BLVD. SLIP #25 Page 14 0 0.04 0.070.02MilesmScale: 1:2,257Date: 12/19/2024Time: 2:46 PMDALTON PLACE CONDO 4748 S. OCEAN BLVD.SLIP #25Page 15 01/01/2024SLIP#25Page 16 www.floridadep.gov FLORIDA DEPARTMENT OF Environmental Protection Southeast District 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary November 8, 2024 Michael Weisberg 4748 S Ocean Blvd Highland Beach, FL 33487 Sent via e-mail: docksandlifts@gmail.com Re: File No.: 50-0452793-001-EE File Name: Weisberg Lift Dear Michael Weisberg: On September 4, 2024, we received your request for verification of exemption to perform the following activities: to install a pile supported boatlift within slip No. 25 at an existing docking facility. The project is located in the Intracoastal Waterway, Class III Waters, adjacent to 4748 S Ocean Blvd, Highland Beach (Section 24, Township 43 South, Range 47 East), in Palm Beach County (Latitude N 26°23'30.6924, Longitude W 80°4'6.6425). 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 Caroline Richardson at the letterhead address or at Caroline.Richardson@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 17 Project No.: 50-0452793-001-EE Project Name: Weisberg 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 18 Project No.: 50-0452793-001-EE Project Name: Weisberg 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 19 Project No.: 50-0452793-001-EE Project Name: Weisberg 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. Page 20 Project No.: 50-0452793-001-EE Project Name: Weisberg Lift Page 5 of 5 EXECUTION AND CLERKING Executed in Palm Beach County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION _________________________________ John Tracey Environmental Consultant Southeast District 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, 6 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 – Caroline Richardson, John Tracey Steve Garbutt, Boat Lifts & Docks of South Florida, docksandlifts@gmail.com 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 November 8, 2024 Page 21 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 22 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 23 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 Page 24 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. Page 25 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 Page 26 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 Page 27 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 Page 28 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 Page 29 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 30 (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 31 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 32 (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 33 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 34 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 35 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 36 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 37 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 38 Page 39 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 40 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. Page 41 Page 42 4'-6"10" 1'-5"Existing Property line/WetfaceExistingConc. Cap SeawallExisting Wood DockSLI P#25NSLIP LOCATIONSCALE: 1" = 40'-0"SLDATE NOTES/REVISIONS PREPARED FOR:Drawn by: NSChecked by: FMDate: 09/27/2024Job No.: 24-044Boat Lift FOR: Weisberg RESIDENCE 4748 S Ocean Blvd, Highland Beach, FL 33487 Page 43 36'-1"4'-6"10"1'-8"Existing Property lineExisting Conc. CapSeawall 18" Width all LengthExisting Wood Dock5'-2"4'-6"ExistingWetface15'15' 34'-8" From Wetface 29'-6"3'-8"1'-3"14'-6" 30'-8"24K Boat Lift mounted on(4) New 12" Ø Wood PilingsTurbidity barriers areto surround all in water6"General Notes :1.24K 4-post. , New (4) 12"Ø up to 35' Wood pilings andAluminum Boarding Platform 2'x2' .2.All pilings to be driven 8' into strata. If hard strata areencountered, a 2' minimum penetration is required.3.For all prestressed piles, extend pilings strands a min. of 18"into cap/dock steel or cut strands even top of pile &dowel/epoxy (2) #5 L-bars 12" w/ 4" min embedment4.All hardware to be galvanized or stainless steel.5.Turbidity barriers are to surround all in water constructionareas during piling and/or panel installation activities.6.Elevations shown are based on the North American VerticalDatum of 1988.7.Design in accordance with 2023 8th Edition of the FloridaBuilding Code.8.Construction methods, procedures, and sequences are theresponsibility of the Contractor. The Contractor shall takethe necessary means to maintain and protect the structuralintegrity and serviceability of the construction at all times.9.Any discrepancies found for any circumstance between thestructural plans and the existing conditions found on siteand/or any conditions that were omitted on the plans will bethe responsibility of the Contractor to immediately bring tothe attention of the Engineer of Record.10.Existing conditions are unknown, therefore, worst caseconditions have been approximated. all existing conditionsare assumed and must be confirmed by the gc after11.Engineer's Limitations of Responsibility: The Engineerpermitting. shall not be responsible for the quality orcomposition of materials, fabrications, constructioninspection, supervision, or review, special inspection, or thequality and correctness of construction unless theappropriate submissions, reports, approvals, inspections,site visit, construction review, or special inspections areperformed by the Engineer or his representative as requiredherein, and then only such responsibility as is associatedwith the specific work performed as is commonly assigned astructural engineer in relation to other engineering andconstruction disciplines associated with the project.12.The Engineer shall not be responsible for site andconstruction safety and/or the safety of construction workers.Site and construction safety is the responsibility of theContractor. The Contractor shall be responsible for thesafety of his employees and the safety of the employee of allsubcontractors to the project. 13.Engineer's Statement ofCompliance: To the best of the Engineer's knowledge, thestructural plans and specifications presented herein complywith the applicable minimum building codes, standards, andpractices.SITE PLANSCALE: N.T.S.SPDATE NOTES/REVISIONS PREPARED FOR:Drawn by: NSChecked by: FMDate: 08/29/2024Job No.: 24-044Dock/Boat Lift FOR: Weisberg RESIDENCE 4748 S Ocean Blvd, Highland Beach, FL 33487 Page 44 N3'-8"1'-3"34'-8" From Wetface 36'-1"4'-6"10"1'-6"Existing Property lineExisting Conc. CapSeawall 18" Width all Length24K Boat Lift mounted on(4) New 12" Ø Wood PilingsExisting Wood Dock29'-6" 5'-2"4'-6"ExistingWetface15'15'14'-6" 30'-8"Turbidity barriers areto surround all in water6"PCDATE NOTES/REVISIONS PREPARED FOR:PROPOSED CONDITIONSSCALE: N.T.S.Drawn by: NSChecked by: FMDate: 08/29/2024Job No.: 24-044Dock/Boat Lift FOR: Weisberg RESIDENCE 4748 S Ocean Blvd, Highland Beach, FL 33487 Page 45 15'Non-structural finishper owner's selection.Reflective bands perlocal municipal codeExisting bermto remainNew 12" Øwood piling3'-5"New 12" dia.wood pilingExisting Wood dockto remain1'-3"6"20'-8"View Section A-A'MHW +2.62' NAVD MLW +0.16' NAVDNAVD +3.10'4'24K Boat Lift mounted on(4) New 12" Ø Wood PilingsNOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFT6"Turbidity barriersare to surroundall in waterTurbidity barriersare to surroundall in waterExisting Conc.Pilingto remainExisting Conc.Pilingto remainDET-1DATE NOTES/REVISIONS PREPARED FOR:Boat Lift DetailSCALE: 1/4"=1"-0"Drawn by: NSChecked by: FMDate: 08/29/2024Job No.: 24-044Boat Lift FOR: Weisberg RESIDENCE 4748 S Ocean Blvd, Highland Beach, FL 33487Page 46 New 24000lb 4-Post Boat Liftmounted on (4)new 12" Øwood pilingsMLW +0.16' NAVDMHW +2.62' NAVD+3.10' NAVD4'15'8'-11"9'-7"4'Existing Wood PierExistingT-pilingsto remainExisting seawallto remain+5.00' NAVD+3.10' NAVDExististingWood Dock+3.10' NAVD3'Existing ConcreteSeawall Cap andgrade to remainWetface 2'-5"Existing Concrete Pilings12" x 12"to remainExisting Concrete Pilings12" x 12"to remainExisting Concrete Pilings12" x 12"to remainExisting Concrete Pilings12" x 12"to remainNew 12"Ø Wood Pilingsto remain17'-1"Existing Bermto remainExisting battler pilingto remain35'-10" from WetfaceNOTE: SEE MANUFACTURER'SDRAWINGS FOR STRUCTURALDETAILS ON LIFTView Section B-B'Turbidity barriersare to surroundall in water9'-7"DET-2DATE NOTES/REVISIONS PREPARED FOR:Drawn by: NSChecked by: FMDate: 08/29/2024Job No.: 24-044Boat Lift FOR: Weisberg RESIDENCE 4748 S Ocean Blvd, Highland Beach, FL 33487Boat Lift DetailSCALE: 1/4"=1"-0"Page 47 Page 48 Page 49 Boat Lifts & Docks of South Florida - 989 NW 31st Avenue, Bldg. F, Pompano Beach, FL 33069 Telephone: 954-971-0811 Fax: 954-971-1770 Licensed & Insured SCC 147913115 RESPONSE LETTER PZ-24-17 4748 S OCEAN BLVD LHP6 HIGHLAND BEACH, FL 33487 1. The “attached plan” referenced in the HOA Letter has been uploaded to the portal along with the HOA Letter in one document. 2. Revised drawing uploaded 3. A) The boat lift will be within the Finger Pier perimeter. The vessel will be nose in to ensure that the vessel does not stick out. B) The Boat Lift will be installed with (4) new wood piles and kept within the owner’s right area and does not encroach/affect adjacent properties/slips. C) There are other Boat Lifts in the area as well which do not deny visual access. Neither will this additional Boat Lift to be installed. 4. Understood. 5. All plans submitted were Signed and Sealed by a professional license Florida Engineer. 6. Each comment has been addressed in this Response Letter. 7. Understood. December 11th, 2024 Page 50 Boat Lifts & Docks of South Florida - 989 NW 31st Avenue, Bldg. F, Pompano Beach, FL 33069 Telephone: 954-971-0811 Fax: 954-971-1770 Licensed & Insured SCC 147913115 Akbar Nunez Mondal / SCC 131152208 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 PUBLIC NOTICE APPLICATION NO. PZ-24-17 500 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, January 16, 2025 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 BOAT LIFTS & DOCKS OF SOUTH FLORIDA, REQUESTING A SPECIAL EXCEPTION (FOR THE PROPERTY LOCATED AT 4748 SOUTH OCEAN BOULEVARD #LPH-6) TO INSTALL A 24,000 POUND CAPACITY BOAT LIFT IN SLIP NO. 25 OF THE BOCA HIGHLAND MARINA. 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 61 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Jan 02, 2025 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: January 02, 2025. 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 7742980 SUN-SENTINEL Page 62 Order # - 7742980 SUN-SENTINEL Page 63 File Attachments for Item: A. 2025 PROPOSED PLANNING BOARD MEETING DATES Page 64 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board MEETING DATE 01/16/2025 SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk SUBJECT: 2025 PROPOSED PLANNING BOARD MEETING DATES SUMMARY: Below are the 2025 proposed Planning Board meeting dates, which will be held on the second Thursday of each month at 9:30 A.M. On December 12, 2024 the Board approved the meeting dates for January, February and March of 2025. The meeting dates are as follows: PLANNING BOARD MEETING DATES  January 16, 2025 (approved)  July 10, 2025  February 13, 2025 (approved)  August 14, 2025  March 13, 2025 (approved)  September 11, 2025  April 10, 2025  October 09, 2025  May 08, 2025  November 13, 2025  June 12, 2025  December 11, 2025 FISCAL IMPACT: N/A ATTACHMENTS: N/A RECOMMENDATION: Staff recommends approval of the proposed 2025 Planning Board meeting dates. Page 65