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HomeMy WebLinkAboutDocumentation_Regular_Tab 19_9/14/2023Agenda Item #19. Regular Council STAFF MEMO Meeting: Regular Council - Sep 14 2023 Staff Contact: Nilsa Zacarias, Director of Community Development Department: Community Development VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. BUDGET AMOUNT N/A FUNDING SOURCES: N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A IS THIS A PIGGYBACK: ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONN/A Page 495 of 675 Agenda Item #19. final - VAR 1-23 - seaglass dock review comments - 1500 Beach Road Dock Variance email from FDEP - danielle sattelberger 1981 DockPermit Turnberry Beach Road - Seaglass dock replacement DEP permit Turnberry Beach Rd - Seaglass Corps permit legal notice - VAR 1-23 SEAGLASS Mailing list and map Variance application - dock replacement Agent Consent - Seaglass Condominum Varience for Dock Repair Resolution Appointing Authorized Signatories Turnberry Beach - Sea Glass Seagrass Survey Report 2020 Seaglass aerials Survey D17036B Signed 2023 05-03 with dock information Turnberry Beach Road dock replacement sketches for variance Page 496 of 675 Agenda Item #19. VT'.W." VILLAGE OF TEQUESTA Department of Community Development Staff Report — Village Council Hearing — September 14, 2023 1. PETITION DESCRIPTION —VAR 1-23 APPLICANT: DLS Environmental Services, Inc. c/c: Danna Small 1901 SW Yellowtail Avenue Port St. Lucie, FL 34953 OWNER: Turnberry Beach Road LLC. REQUEST: VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5- foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. LOCATION: 1500 Beach Road Tequesta, FL 33469 Location Map 1 Page 497 of 675 Agenda Item #19. 2. PETITION FACTS a. Total Gross Site Area: 114,646 sq. ft. (2.63 Acres) Land Use and Zoning EXISTING LAND FUTURE LAND ZONING USE USE Multiple Family Medium Density R-3 SUBJECT PROPERTY Residential / Residential (5.4- (Multiple Family Residential 12.0 DU per acre) Dwelling District) NORTH R-OP (Recreation R-OP (Recreation R-OP (Recreation And Coral Cove Park And Open Space) And Open Space) Open Space) SOUTH Park Park RH Multifamily Coral Cove Preserve (Unincorporated (Unincorporated Residential High Unincorporated Palm Palm Beach Palm Beach Density Beach County County) County) (Unincorporated PBC) EAST N/A N/A N/A Atlantic Ocean WEST N/A N/A N/A Intracoastal Waterway 3. BACKGROUND In 1981, the subject property was approved to construct a dock, which at the time extended a total of 108 feet from mean high water and was permitted to have an 8-foot by 12-foot pier. However, the pier platform was actually constructed as a 7.5-foot by 12- foot platform. In 2017, the residents of 1500 Beach Road (Blowing Rocks Condominiums) requested a variance to replace their existing dock. However, following the variance request, the property was sold and acquired by Turnberry Beach Road LLC. In 2018, Turnberry Beach Road LLC. applied for a Site Plan Review to build a 210,028 sq. ft. residential condominium building (Blowing Rocks Condominiums) on two parcels located on Beach Road. The subject application included a replat to combine both parcels into one (1). The application proposed to demolish both the existing condominium units and the single -story residence. It also proposed to renovate an existing structure into a pool cabana building. The replat application was heard and approved by the Village Council concurrent with the Site Plan Review on November 8, 2018. Following the approval by the Village Council, the applicant requested a site plan modification to revise the site plan, floor plans, and building elevations of a nine (9)- story 21-unit multi -family 131,391 sq. ft. condominium building (Sea Glass 2 Page 498 of 675 Agenda Item #19. Condominiums). The application included modification to the landscape plan and swimming pool area and was approved by the Village Council on September 12, 2019. In 2023, the Applicant submitted a variance application to the Village requesting to replace the existing 108-foot dock with a 109.5- foot dock. 4. STAFF ANALYSIS The Applicant is requesting a variance to allow for the installation of a new dock, which extends 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean high-water line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 6 feet in pier width. In 1981, the Village of Tequesta issued a building permit at the subject property to construct the existing dock, which has a waterward length of 108 feet from the mean high water line (see attached building permit). Since the 1981 dock approval, the structure has begun to deteriorate and experience erosion. Rather than repairing the dock, the Applicant has requested to construct a new dock that would be located in the same location as previously approved; however, it will require the relocation of the pilings. According to the applicant, the existing dock is in disrepair, is no longer functional, and requires a replacement (see existing conditions photos). As part of the review process, the Applicant has provided review letters and approvals from the following agencies regarding the subject application: • Florida Department of Environmental Protection (FDEP) • U.S. Army Corps of Engineers (Corps), because this permit has expired, the Applicant shall submit an updated document (see condition of approval) In addition, Staff has requested that the applicant provide more information on how the proposed dock replacement would affect the mangroves and seagrasses within the area. The applicant has provided the Village with a written correspondence from FDEP explaining the maintenance of the trimming of the mangroves (see attached email from Danielle C. Sattelberger) Per Village Code Sec. 76-20, the existing dock and pier are legal non -conformities, since the structure exceeds the allowable size by Code. (a) No dock or pier shall be constructed which extends waterward from the mean highwater line in excess of the least of the following distances: (1) Seventy-five feet; (2) Ten percent of the waterway width; or (3) The distance from the point at which the dock or pier intersects the mean highwater line measured in a straight line to the nearest point on the three-foot mean low-water line; provided, however, the foregoing limitations shall not prohibit 3 Page 499 of 675 Agenda Item #19. a dock which does not extend waterward from the mean high-water line in excess of six feet. (b) No dock or pier area shall be constructed with a maximum width in excess of six feet" Per Sec. 76-20 (a) (1), the allowable length for a dock from the mean high-water line is 75 feet, while the existing dock is 108 feet. Based on the Applicant's analysis, due to the erosion that has occurred since the 1981 dock installation, the dock extends a total of 109.5 from the mean high-water line (see attached justification). In addition, per Sec. 76-20(b), the allowable width of a pier is 6 feet in width, while the existing/proposed pier width is 7.5'. The proposed dock installation would match the previously approved footprint and square footage. Per Village Code Sec. 78-95, "Structures with existing nonconforming structural elements may be maintained, repaired, altered, modified, extended and/or enlarged so long as the existing nonconforming elements are neither extended or enlarged, unless such structure also contains a nonconforming use, in which case section 78-94 shall apply." If the Applicant repaired the existing nonconformity, then a variance would not be required. As mentioned, per the Applicant, the structure is beyond repair and requires a full replacement. Since the Applicant would like to proceed with a variance request, they are required to meet the criteria set forth by Village Code Sec. 78-65(a (2), the Village Council "Authorize upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the planning and zoning board or village council that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. The special conditions and circumstances do not result from the actions of the applicant. c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 4 Page 500 of 675 Agenda Item #19. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare." In addition to Village Code Sec. 78-65 (a(2), per Village Code Sec. 76-7, "(a) Any person desiring a variance from the terms of this chapter shall make an application for such variance to the planning and zoning board of the village in accordance with the procedures set forth in this section. (b) In order to authorize any variance from the terms of this chapter, the planning and zoning board must find with respect to the proposed project as follows: (1) The variance being requested meets the definition of the term "variance" as that term is used and understood in chapter 78, zoning. (2) No hazardous condition would be created. (3) The flow of water would not be impeded or interfered with. (4) No obstruction to navigation would occur. (5) It would not interfere with traditional public uses of the waterway including, but not limited to, swimming, fishing, or boating. (6) It would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values. (7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life. (8) It would not contribute to the pollution of the waterway or the degradation of its condition. (9) It would not interfere with the lawful rights of riparian owners. (10) It would be consistent with any other applicable laws, rules or plans." S. FINAL REMARKS This subject variance application met the requirements set in Section 78-368 notice of hearing. The notice of hearing was advertised in the Palm Beach Post on September 1, 2023. The notice of hearing will be mailed to all property owners located within a 300- foot radius of the subject property (see attached). Staff is proposing the following condition of approval: 1. Applicant shall provide an updated letter from the U.S. Army Corps of Engineers (Corps). 2. Applicant shall utilize a Professional Mangrove Trimmer (PMT) to conduct any mangrove trimming at the subject property per F.S. 403.9329. Per Village Code Sec. 78-334, the Applicant posted the subject property with a public notice sign, see the below image. 5 Page 501 of 675 Agenda Item #19. 6. EXISTING CONDITIONS 0 Page 502 of 675 Agenda Item #19. 7 Page 503 of 675 s • r+ + � �' '- �"�. 'Rw� ' �I .- W ♦ t j � . � n,+ r_ ` fir" y l . wr 1 1 � { 'S�i■ `:�� e'i rw � �rte lK�+�' •Lti '`.7�r��. r'_'�� �'r�.k � :� y' k t t I yy: y C _ jl A- ' r •�� i IA 1 . �fPJ.G1i ,kcp�w —all f ° .y ok I+ . �'ti • .....iS ,: I F' Ole jW At MR �,..° f y r �r, ��* '!� - ! !, �• r ..ram, �.�' Agenda Item #19. VILLAGE OF TEQUESTA ,q DEPARTMENT OF COMMUNITY DEVELOPMENT Review Comments —July 17, 2023 PETITION DESCRIPTION APPLICANT: Danna Small (DLS Environmental Services, Inc.) OWNER: Turnberry Beach Road LLC LOCATION: 1500 Beach Road PURPOSE: Variance — Dock REVIEW COMMENTS Please see the following review comments pertaining to the minor site plan review application form: General Comments 1. Clarify how the proposed dock will impact the existing seagrasses and mangroves. • Provide correspondence or documentation from FDEP. Page 506 of 675 Agenda Item #19. Lance Lilly From: Sattelberger, Danielle <Danielle.Sattelberger@ FloridaDEP.gov> Sent: Tuesday, July 18, 2023 3:37 PM To: Danna Cc: Lance Lilly; Nilsa Zacarias Subject: [EXTERNAL] RE: Mangrove information for Village of Tequesta **This Email was sent from an external source. Please be mindful of its content** Hi Danna, I concur with your statements in your email regarding the maintenance of trimming within the permitted dock footprint and the additional one foot allowance. A separate mangrove trimming permit is not required because any impacts to mangroves were evaluated in the dock permit. Section 253.04(3)(a), Florida Statutes (F.S..) states that seagrasses are deemed essential to the oceans, gulfs, estuaries, and shorelines of the state. Therefore, these resources are managed and regulated by the state. The Department requires reasonable assurance that the permitted activities will not adversely affect the habitat of fish, wildlife, listed species, including submerged aquatic vegetation habitats, pursuant to Section 373.414(1)(a)2, F.S., Ch. 62-330.301(1)(d) and 62-330.302(1)(a)2, Florida Administrative Code (F.A.C.), and Section 10.2.2(a) of the ERP Applicant's Handbook Volume I. There are also specific criteria in 18-20, F.A.C. (Aquatic Preserves) and 18-21, F.A.C. (state lands) regarding protection of resources. Hope this information helps. Thank you, Danielle C. Sattelberger Environmental Administrator 'gyp Q �. f P A 4�,�# Florida Department of Environmental Protection Southeast District - West Palm Beach ° 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 c+ Danielle.Sattelberger@FloridaDEP.gov Office: (561) 681-6783 t?VTAk F1 * REC IST: I: , Cs'.,.' TUESDAY, SEPT, 12, M23 Jo Page 507 of 675 Agenda Item #19. Click here to register! From: Danna<danna@dlsenvironmentalservices.com> Sent: Tuesday, July 18, 2023 4:30 AM To: Sattelberger, Danielle <Danielle.Sattelberger@Florida DEP.gov> Cc: 'Lance Lilly' <Ililly@tequesta.org>; 'Nilsa Zacarias' <nzacarias@tequesta.org> Subject: Mangrove information for Village of Tequesta Importance: High EXTERNAL MESSAGE This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email. Danielle, I am working on a variance for a dock in the Village of Tequesta. I have attached a copy of the DEP permit that was issued for the dock replacement. We went through an individual permitting process to replace the dock in the same location and configuration because the dock was non-functional, in the aquatic preserve, and it was not single family so it did not qualify for an exemption or Noticed General Permit. Replacement of the dock in the same location was proposed in order to avoid impacts to seagrasses adjacent to the dock (the seagrass survey report provided for the project is also attached). Anyway, this dock is going through a variance process with the Village of Tequesta mainly because their codes limit the length of the dock to 50' from mean high water as well as other criteria which would, in this case, result in a new dock footprint which would be much shorter and result in impacts to seagrass which would not be approved. Lance and Nilsa (copied on this email) have asked about the dock access through mangroves. I have explained to them that because the footprint of the old dock access is still there, the new dock access will only result in some trimming of lateral branches which have now grown over the access but the footprint (with pilings) is still present. Lance is asking what is allowed for mangrove trimming in this situation. I did tell him that lateral trimming to maintain the dock access is allowed and that DEP usually allows 1' off the access for the trimming in order to install new pilings as well as maintain functional ingress/egress along the dock access. Please feel free to let him know if I am not relaying that information correctly. I also told him when DEP issues a permit for a dock through mangroves, the mangrove trimming necessary to construct and/or maintain ingress/egress is implied by issuance of the permit even though the permit is silent on that aspect. It does not result in the requirement to get a separate mangrove trimming permit. He also had a question about seagrasses and if there is anywhere it specifically states they are protected. I could not think of a clear and concise rule, statute, or guidance that stated seagrasses are protected. Of course, I know they are but I would be explaining aquatic preserve criteria, Resource Protection Areas, and regulatory which would result in a long, drawn out explanation. Is there anything that DEP uses as a "go -to" to explain to the general public some of that criteria that is easy to understand? I appreciate if you could provide some input on the above information so they do not need to take my word for it and do a "reply to all". Feel free to call me out on anything I may have relayed incorrectly. I do have to be out in the field all day today and might be available by phone but will be in the office tomorrow. Thanks, Danna Page 508 of 675 Agenda Item #19. Danna Small DLS Environmental Services, Inc. 1901 SW Yellowtail Avenue Port St. Lucie, FL 34953 Phone: (772)215-3997 Email: danna@dlsenvironmentalservices.com Business hours beginning January 2022 will be Monday — Thursday 8:30 — 4:30. The office is closed on Fridays therefore emails and phone calls will be limited on that day. Customer Service Survey Page 509 of 675 Agenda Item #19. BUILDING f iN'11 VILLAGE OF TEQUESTA PALM BEACH COUNTY, FLORIDA 357 Tequesta Drive Tequesta, Florida Date --------------------} ----------- 1981-- (to be filled out by Applicant) The undersigned hereby applies for a permit to: Construct � ), Enlarge ( ), Alter ( ), Repair ( ), Other A Single Family Residence ( ), Duplex ( ), Multiple Occupancy( ), Garage ( ), Car Porte ( ), Commercial Building ( ), Industrial Building ( ), Other ( ). AS PER DRAWINGS AND PLOT PLANS, IN DUPLICATE, WHICH MUST ACCOMPANY THIS APPLICATION. On property located at: ------------------- -----16i0--S&B�6--iio--------------------------- --- — - - ---- ---- -------------- -- ------ -------- ---r______-�_-3-__--------------- , in the Village of Tequesta, Florida. Applicant is: Owner ( ), Agent ( ), Contractor (X ). If Contractor, show Village of Tequesta Occupational License Number ___2Q14__ ________---- Property is zoned as: _________ _ Structure will be used as: ------- ----------------------------------- -__- ----- - In consideration of the granting of the above requested permit, I do hereby agree that I will, in all respects, perform the work in accordance with the above Blowing Rock Condominium & s,, tnd the Bui (ding Code fo(the Village of Tequesta. >1 (Name of Owner) (Signature of Applicant) 1500 Beach Road ---- - -B-11-Venture Hafer -- - ------------------------------------------------------------- - ------------------------------------- (Address of Owner) (Address of Applicant) — -- ---_ — - ---- --- --- -- -Jensen Beachs Florida 33457 ------- -------- This permit void after _______ tobV-- __-_--- - --- ------------- unless work covered by it has been commenced. Estimated valuation of proposed work: $_4=,W----- -------------- --, Fee Paid$-30.,%__-______________________________ In consideration of the above application and the payment of the fee above set forth, the applicant is hereby granted a license to proceed with the work outlined, subject to regulations and codes applicable thereto. FLORIDA M�M� a1= 'l. }f�R svc fit i g�<u y a 3 1 4;IC'w 4' a''6y �a Permit �Sr 5025 i'. C'�i :� A,,@[ �'� 3 sf to fv .f. 4 ev 86t at.Ra 155t=.*�� EF,9a E�tl' }] S DRAWINGS REQUIRED (in duplicate): 1. SITE OR PLOT PLAN ( ) 2. FLOOR PLAN ( ) 3. TYPICAL WALL AND ROOF SECTION ( ) 4. ELEVATIONS ( ) 5. ELECTRICAL CIRCUIT LAYOUT AND SERVICE DETAILS ( ) 6. PLUMBING DETAILS IN PLAN AND DIAGRAM ( ) 4 0 e� Page 510 of 675 VILLAGE 07 TEQUESTA, FLORIDA Agenda Item #19. SPECIATY CONTRACTORS Application Date The' undersigned hereby applies for a permit :for. the following proposed work: Pool -- Size Ft. x _ Ft. Air Conclitioning Heating Screen Enclosure ` Sprinkler System Fences and ?-Jails well Drilling Other (Explain)_ { �� Estir:ated Valuation of 'Proposed ?:Yorks Total. Fee a� (Hanle of Oinrzer Specialty Contractor dress of Owner (Village -of Tequesta Occ. License Location_ of Work _ In cozzsideraticsfi u! tW6 granting ox the 'above requested Pe � "t, Y do hereby agree that I tell, in all respects, perform the work in accordance with the approved plans and the Goa'-es of:a. Vili a off' Tequesca, Florida. DRAVIIDGS REQUIRED (in duplicate): I. Site or floc Plan �- ?. Floor Plan ignat e of Qualifier or.Agent by PJA 3. Typical Wall and Roof Section 3. El tiation >• Electrical Circuit Layout & Service Details ,� ��` ���� i. Plumbing Details in Plan and Diagram Telephone too. - �� .- VILLPM OF TEQL1ESTA BUILD IG DEP-A; tTlMT J 1 502S Date Issued (Perrrdt No.) Bui�d�ng 0fx' zal Vote: Plans and specifications for proposed work, in duplicate, must be sum.tted with this application. Page 511 of 675 enda Item #19. jX�I►U —, a � fi EiUlLrit�G . �0c-��lr-W ` ,4e VILLAGE OF T LQUES i 'l, FI_NIUA ILD(Nu PEir�l'i (���i �--- . • � r- STR!)CTt)RF. �f t w 9 �r �u�ti k3n�}° ,S; Att � t ;y� ! t �"+.� r ! pp�; r� r f> dt - :kevo�q�..a1Db�t'(y+a-v 1 rue d,r Euc e �:• 'St"t3 (f Ckia ja 46�or�t=ut.1 � :i is i�ti �`•°Fiu@Pc � �� IJ �iL�*rsl 6`5rUcnril `°.S irt�=lt 7?'rv'���i�>5s,`y��> y G� G� s" Sovr►Dv,% Y..S Bll Jai q9 V too F y 1 I I �'y r5T„Nc� �t`DrirV`L I ` /1 'T Page 512 of 675 Age :rj C NItief�Avtitik— cC-- i$-ilc)rj 'Stncr E-LEua`i"i0d 2x"6 fu 0M) 1-7 M Lw,aO i 93 -1 Page 513 of 675 f Agenda Item #1: c ss7 RR 5 6 201� G'203' G 4M 5 `1fl R 4sec114 4 5 4 3 6 Ankona ?# 55 59 6g �p �` 69 f t t 71 1r 72 , $Q° 72� 74 o i 72 ° a 163 11'61 SCALE 1:40,000 72 NAUTICAL MILES 68 1 { 0 1 54 STATUTE MILES 2 1 { 0 ! 66 c9 YARDS 2 54 1000 0 1000 2000 J000 69 LATITUDE LONGITUDE 5} 67 66 �H 1C 34 34 34 Z 25 0 21 ^i 17 �6 �b 4 AIA 5'A s' C e57A 3c 1s" d' Id' 1 r 1P 7a' 151,so 51 ,•�1`.. I E 1}''•.. 0-, 44 51 a 45 51 46 52 49 52 SS 51 \ o 36 33 0 ! 37 35 34 hP 32 36 32 32 33 32 25 26 S -�-� CAUTION Inlet entrance continually shoaling. Passage through the inlet is not recom- Q°� c"e mended without local knowledge of a11 ,,aas hazardous conditions affecting this area. t, ss F,xto G n' z1- 70-17IiWED ON LOYAMAICHF1 eIVFM Ftr;wc.nu ALI Page 514 of 675 Agenda Item #19. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE OF AUTHORIZATION 1981 A PERMIT TO Construct a Dock IN: Intracoastal Waterway AT 1500 Beach Road, Section 30, Township 40 South, Range 43 East, Tequesta, Palm Beach,County, Florida HAS BEEN ISSUED TO Blowing Racks Conr�niniutn Assoc -ON 19 June 1981 ADDRESS OF PERMITTEE 1500 Beach Read, Jupiter Island ENG Fo Jul 70 Tecruesta, Florida 33458 PERMIT NUMBE rm 4336 THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK. 1977 2}2-984 'P,— ,� ti I J R 81(3) -0511 District E � sneer � T J. WAT�R.STON, III District Dngr. VILLAG'! OF TEQUESTA, I-WHILM BUILDING PERMIT NO. T APPROVED: GATE: BY: Building lnspecicr. THIS APPROVAL DOES NOT WAIVE ANY REQUIREMENTS OF THE VILLAGE OF TEQUESTA BUILDING CODE FOR THIS MIJUHRE. t TIP ..a nl7if�6vC� F F CAM In6�n��ti��z $�� F n ;� " i ��.u@.v d✓,ra GisLvs�F"t119 �ss.,i �, �, I� V�y �)� B 101"i G H�� PRO�� §CsErJUS Page 515 of 675 Agen I. DEPARTMENT OF THE A' __ lY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. O. BOX 4970 JACKSONVILLE. FLORIDA 32232 SAJOD-RP 19 June 1981 81(3)-0511 Blowing Rocks Condominium Association c% Intracoastal Marine Construction, Inc. B-11 Benture Harbor Jensen Beach, Florida 33457 Gentlemen: This is in reference to your request for a Permit to perform work in or affecting navigable waters of the United States. Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 403), you are authorized to Construct a 4— by 100—foot dock with a 12— by 8—foot "L" head in Intracoastal Waterway at 1550 Beach Road, Section 30, Township 40 South, Range 43 East, Tequesta, Palm Beach County, Florida in accordance with plans and conditions attached which are incorporated in and made a part of the Permit. Inclosed is a Notice of Authorization which should be displayed at the construction site. Work may begin immediately but you must notify the appropriate Area Engineer as representative of the District Engineer, of: 1. The date of commencement of work (mail attached card) 2. The dates of work suspensions and resumptions if work is suspended over a week, and 3. The date of final completion. Area Engineer addresses and telephone numbers are shown on the attached map. If the work authorized is not completed on or before 19 June 1984 this authorization, if not previously revoked or specifically extended, shall cease and be null and void. BY AUTHORITY OF THE SECRETARY OF THE ARMY: 4 Incl 1. Notice of Authorization 2. Commencement Card 3. Plans and Conditions 4. Area Office Map SAJ FL 109 24 Jul 78 �, off � �r :� %fi �/�•'Jvvy �-- J /--�'//ROBERT J. WATERSTON III LTC, Corps of Engineers Commander and District Engineer CF: SAJOD-RF Page 516 of 675 A96nda'Item #19. 1. GENERAL CONDITIONS: a. That all activities identified and authorized herein shall be con- sistent with the terms and conditions of this Permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the term and conditions of this Permit which may result in the modification! suspension, or revocation of this Permit, in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal, proceedings as the United States Goverrm ent may consider appro- priate, whether or not this Permit has been previously modified, suspended or revoked in whole or in part. b. That all activities authorized herein shall, if they involve a dis- charge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality standards, effluent to Sections 301, 302, 306, and 307 of the Federal Water Pollution Control Act of 1972(P.L. 92-500; 86 Stat. 816) or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge cr deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this Permit, be modified if necessary, to conform with such revised or mod- ified water quality standards within six months of the effective date of any revision or modification of water quality standards, or as directed by an im- plementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the Permittee agrees to make every reasonable effort to prosecute the construction or work authorized herein in a manner so as to minimize any ad- verse impact of the construction or work on fish, wildlife, and natural environ- mental values. e. That the Permittee(s) agrees to prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. f. That the Permittee shall permit the District Engineer or his authorized representatives) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this Permit is in accordance with the terms and conditions prescribed herein. g. That the Permit -tee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. h. That this Permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. Page 517 of 675 Agenda'Item #19. i. That this Permit does not authorize the interference with any existing or porposed Federal projedt and that the Permittee shall not be entitled to compensation for damage or injury to the structrues or work authorized herein which may be caused by or result fran existing or future operations undertaken by the United States in the public interest. j. That this Permit may be summarily suspended, in whale cr in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall, be effective upon receipt by the Permittee of a written notice thereof which shall indicate (1) the extent of the sus- pension, (2) the reasons for this action, and (3) any eorrectivQ or in-e- ventive measures to be taken by the Permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The Permittee shall take immediate action to ccm-- ply with the provisions of this notice. Within ten days following receipt of this notice .of suspension, the Permittee may reQuest a Hearing in order to present information relevant to a decision as to whether his Permit should be reinstated, modified or revoked. If a Hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the Hearing, or within a reasonable time after issuance of the suspensionn-notice to the Permittee if no Hearing is requested, the Permit will either be reinstated, modified or revoked. k. That this Permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized represen- tative determines that there has been a violation of any of the terms or conditions of this Permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the Permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30--day period the Permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this Permit did not, in fact, occur or N the alleged violation was accidental, and the Permittee has been operating in compliance with the terms and conditions of the Permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this Permit; or (2) within the aforesaid 30-day period, the Permittee requests that a Public Hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this Hearing and the procedures for making a final decision either to modify, suspend or revoke this Permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. Page 518 of 675 Agenda Item #19. 1. That in issuing this Permit the Government has relied on the information and data which the Permittee has provided in connection with his Permit application. If, subsequent to the issuance of this Permit, such information and data prove to be false, inomplete or inaccurate, this Permit may be modified, suspended or revoked, in whole or in part and/or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this Permit shall not be the basis for any claim for damages against the United States. n. That the Permittee shall notify the District Engineer at what time the activity authorized herein will be cam enced (as far in advance of the time of ccmrencement as the District Engineer may.specify), and of any suspension of work if for a period of more than one week, of resumption of work, and of completion of work. o. That if the activity authorized herein is not caTleted on or before the date indicated on the Permit to which these conditions are attached, that Permit, if not previously revoked or extended shall automatically expire. p. That no attempt shall be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this Permit. q. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the Permittee. r. That this Permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. s. That if and when the Permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the Permittee is transferring his interests herein to a third party pursuant to Genera. Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That if the recording of this Permit is possible under applicable State or local law, the Permittee shall take such action as may be necessary to record this Permit with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. Cl Page 519 of 675 Agendaltem #19. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. v. That this Permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this Permit or by the trarsferee subscribing to this Permit in the space provided below and thereby agreeing to comply with all terms and conditions of this Permit. In addition, if the Permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this Permit and the terms and conditions specified herein and this Permit shall be recorded along with the deed with the Registrar of Deeds or other appropriate official. II. SPECIAL CONDITIONS ARE CHECKED BELOW: (x) Structires For Small Boats: That Permittee hereby recognizes the possibillity that e structure permitted herein may be subject to damage by wave wash frcrn passing vessels. The issuance of this Permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and Permittee shall not hold the United States liable for any such damage. ( ) Discharge Of Dredged Material_ Into Ocean Waters: That the Permittee shall place a copy of this Peii-t ir► a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged material as authorized herein. (x) Erection Of Structure In Or Over Navigable Waters: That the Permittee, upon receipt oF a notice of revocation of thisPerm-Lit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former condition. If the Permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the Permittee. ( ) Maintenance Dredging: (1) That when the work authorized herein includes periodic maknte ance dredging, it may be perforn-ed under this Permit for years from the date of issuance of this Permit; and (2) That the Permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. 4 Page 520 of 675 Agendas Item #19. Flo. 1 u PERMITS CHAPTER 174 RULES OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION.: . CHAPTER 17.4 PERMITS Part 1. General 17-4.01 Scope of Part I 17-4,02, Definitions 17.-4:02I max sferability of Definitions 17-4.03 General Prohibitions 17-4.04 Exemptions 17-4.05 Procedure to Obtain Permit; Application 17.4.06 Consultation 17-4.07 Standards for Issuing or Denying Permits: Issuance; Denial 17-4.08 Modification of Permit Conditions 17-4.09 Renewals 17-4.10 Suspension and Revocation 17-4.11 Financial Responsibility 17-4.12 Transfer of Permits 17-4,13 Plant Operation — Problem? 17-4.t4 Reports 17-4.15 Review Part R. Specific Permits; Requirements L7.4.20 Scope of Part I I 17.4.21 Construction Permits 17-4.22 Operation Permits for Yew Sources 17-4.23 Operation Permits for Air Pollution Sources 17.4.24 Operation Permits for Water Pollution Sources 174-42 Special Protection Outstanding Florida Waters; Equitable Abatement 17-4.243 Exemptions from Water Quality Criteria 17-4.244 4lixirg Zones; Surface `r4'aters 17-4,245 Zones of Discharge; G.oukr-dwaters 17-4.246 Sampling and Testing ,4tethods 17-4.247 Pollution Surveys 17-4.248 Stormwater 17-4.249 Preservation of flights 17.4,25 Water Pollution Temporary Operation '.hermits: Conditifjna 17.4.26 Permits Required for Sewage Works 17-4-27 Drainage Wells; Permits 17-4.28 Dredging aodlor Filling Activities. 17-4.29 Construction, Dredging andlor filling Activities in, on or over Nav;gab(p Waters; Permtits Her}=.,:-ed 'o Chapter 2.53. lor:da Statutes 30 Al: other " erMitS L'-4.31 Applic•.it:oa l�rr.15 uqd%!. 17-t.-_'. and 17-4,32 Cartsfication and Acceptance PART 1. General t-- p -td--s lire retr,r^ nts Oro 7rnc:u_ures for e-5,fltvnce. ants 17 �u rnec.ir:cat rrl. 'sasoens:o. ' r r,rvrxat:on o anvil rrmit rquueu n•: c e ": ate cp rtment nt .,rii�[ :1 •.i..".r r:c) ill. n•_•,, y� n.- x.. CAi. - 401021, sV.l +'l I. ;930I 1, I7 1.0"-' Defixutaons- lVhvo u:,�-d jr, this Chapter. the following words shall hxvt the indicated meanings unless the context clearly indicates otherwise: 3 Me 5:st• >f Florida l,, (2) "Department" is the State of Florida Department. of Environmental Regulation... (3) Inatallatioa' >aa any structure, equipmer►t, far &y, or -appurtenances; thereto operation' or'aetivity which may be a source of pollution. (4) "Construction permit" is'the legal authorization granted by the Department to construct, expand,"modify, or make alterations to any installation and to temporarily operate and test such new or modified installations. {5) "Operation permit" is the legal authorization granted by the'Department to.operate or maintain any installation for a specified period of time. (6) "Temporary permit" is ihe'legal authorization limited to a specified time granted by the Department to operate, maintain, construct, modify, expand, or make alterations co any installation in accordance with section 403.088, FS. (7) "Permitting agent" is any person employed by the Department who is authorized by the Department to issue or.dany specified permits. (8) "Permit condition" is a statement or stipulation issued with a permit with which compliance is necessary for continued validity of, the permit. (9) "Permit" is the legal authorization to engage in or conduct any construction, operation, modification, or expansion of any installation, structure, equipment, facility, or appurtenances thereto, operation or activity which will reasonably be.expected to be a source of polution. 1101 "Canal" is a trench, the bottom of which is normally covered by water with the upper edges of its sides normally above water, (11) "Channel" is a trench, the hottom of which is normally covered entirely by water, with the upper edges of its sides normally below water. [12) "Dredging" is the excavation, by any means, of submerged lands or the transitional zone of a submerged land. It is also the excavation for creation) of a water body which is, or is to be, connected to any of the waters listed in Section 17-4.28M FAC., directly or via an excavat}d water body or series of excavated water bedje.s. 03) -7nib:=dinerit" is the p':ace^sent of line, :.-Iw the bottoms of waters of the Mate by minimal &iplaconent of bottom material and without the creation of a trench• or trough, through the use of tecbriques such as plowing -in, weighing -in, or non -trenching jets. 1141 "Entrenchment" is the placement of lines into the bottoms of waters of the State by the creation o.` a defined trench, or trou¢h, through the use of s;tch devices as cILL—n3;lells. .ir£d5es, trenching le._. or __1w which produce ,irnilar results. Ili? ''Filling'' is the deposition, by any mean,. of rnat,,ria!s ontn 3ubrner;4ed lands or the transitional zone o; a submerged land. Mil "tikreretnry- is the Secretary of thi, Dt-pa: trnent. 1171 "Submerged lands" are those lands covered by the categories of waters listed in Section 17.4.28(2), FAC­ including those lands contigous to said waters where i;ny of the following vegetational species, or any corabiiatiun of such itlecies; constitute the dominant :lane cUmrn:lr. y' Page 521 of 675 Agenda Item #19. CHAPTER 174 PERMITS Supp. No. 114 Marine species: (Batts, Maritima) Marine species: Aster (Aster tenuifolius) Batis Big cordgrass ISpartina, cynosuroides) Beach carpet (Philoxerus, vermicularis) (Concarpus, ereeta) Black mangrove (Avieennia, germiniizm) Button wood Glasswort(AnnuaA (Salicornia, Virginica) Black rush Cuban shoalweed Uruicus,.roa'neriadus) (Diplanthem wrighttt) Glaeswort (Perennial) (Salicornia. bigelovii) (Monanthochloe, littoralis) Leather fern (Acrostichum, aureum) (Syringodium, filiforrnis) Key grass Salt grass (Distichlis, spicata) Manatee grass Red mangrove (Rhizophora, mangle) Sea blite (Suaeda. linearis) (Borrichia, frutescens) Rubber vine (Rhabdadenia, biflora) (Spartina, alteMiflom) Sea daisy (Borrichia, arborescens) Smooth cordgrass Turtle. grass (Thalassic, tes.tudfriiiirsl - Sea grape (Coccolob utiifera) '(Limoniuirr-caroGnianuml Widgeon grass (Ruppfa, ma6tim4) . (Laguncularia, racemosa) Sea lavender Sea purslane (Sesuvium, p`rmlacastrum) White mangrove Fresh water species: (Alternanthera, philoxeroides) Switch grass (Spartirta, pa Railroad vine (1pomoen, pes-caproe) Alligator weed Arrowhead (Sagittaria spp.) Freshwater species: Ce halanthus occidentalis) ( Arrowroot lily (Thalia, geniculata) (Taxodium, diatichum) Button bush P Dahoon (Ilex, cassine) Bald cypress Beak rush (Khynchospona, tracyi) Giant reed (Phrogmitei," communis) (Lud a,icunu Bladder wort (Utriau", vulgaris) Priwillow Primrose St. John's wort (NYP erg fa�ciculatum) Blue green algal mats Bullrush (Scirpus americanus) Switch grass (Sa(Panieurrt viin ana) ; caro03.048 a) Cattail (Scirpus validus) (Typha, lati folia) Willow .03t. t specific .authority 1nJIII a31, to3.o31. 4o3.oa1. 4o3.oe6 FS. taw I,nplrmented `I 40oaty (Tl',)ha QR !LSt3jJl1Q) (Typha, dorningensiS) u Lut J121. y ri 5Jl iJ7?. :\,nrnded +d�10.75. AdAWII ctat va Ned — See FAw Vol. I. SO. 7+1. I-1T"6: Joint Coontad (Ceratophyllum, demersum) Committee Objecuon Admu ietrative Procedure. Committee Objection Withdrawn See FAti4 Vol. Duck weed Florida elodea (Lemna spp-1 (Hydrilla verticillata) 3. Yo. 30, 7-29-77. 17-1.021 Transferability of Definitions. Definitions Golden club (Orontium aquaticum) contained in other Chapters of the Department's rules Leather fern (Acrostichum danoeifolium) may be utilized to clarify the meshing of terms used herein F.A.C.. Maiden cane (Panicum, hemitomon) unless such terms are defined in Section 17.4.02, Naiad Ogeeche tupelo (JVajas, spp.) (Nyssa, ogeeche) or transfer of such definition would defeat the purpose or alter the intended effect of the provisions of this Chapter. Pickerelweed Pond apple (Pontederio, lanceolata) (Annona, glabra) specific Authority 403.061. 4o3.o62. 4030.17. 403.504• 403.704. 403.404. 403.ao5 FS. Low Impirmentnl 4'1:102t. 4Ga!)6 L. 403 0257, 4tI:J 068. 403.14l• a 1-77. Pond cypress (Taxodium, ascendens) 103,,61. W3.142, 403.502. 403.70". 403.:a.i•FS.Hi+tors—New Pondweed (Potamogeton. iUirtoensis) (Osmunda, regalia) 17.4.03 General Prohibition. Any stationary be- expected to be a Royal fern Saw grass (Cladium jamaicensis) installation which will reasonably source of pollution shall not be operated, maintained. Spatter dock Spike rush (Maphar spp.) (Eleocharis cellulosa) constructed, expanded, or modified without, an appropriate and currently valid permit issued :by the Soft rush Swamp lily Uuncus, effusus) (Crinum, amencanum) Department, unless the source is exempted by Department rule. The Department may issue such permit Swamp tupelo Tape (LVyssa, biflora) (Vallisneria, neotropicaksi only after it is assured that the installation will not cause in violation of any of the provisions of Chapter grass Water ash (Fraxinus, caroliniana) pollution 403, FS, or the rules and regulations promulgated Water fern Water hyssop (Salvinia, rotundifolia) (Bacopa, caroliniana) thereunder. 3.,.rifc Anthorit� fg7021. 401.03I, 405.061. 403088 FS. Law tmplementtd atdr Fri, .,�, ymphaa4 p. :._ ..,; ru :..:.;•. � .' � ..., �-..., ..:.. ,b'ater sni id '.hater tupelo i3resenia schreberi);�.:;;�. (Nyasa aquatics) . {-_17;�,()i,Exejv ti®oars' t^ 1e following sbuYces are, rC ulemeni3`l3. C 1 Water willow Vusticia, ouata) - -fr* rh the. arIIl)t - l) spilt t11rn ialn le systems to serve (iS) "Uplands" are lands landward of submerged is estimated sewage flows of 2,000 gallons per day or less. plant of a design lands upon which the dominant plant community or a combination of (4) Domestic sewage treatment o 000 ga t per day average doily flow or composed of any vegetational species, usted u d- the e'efin:tiv^s 3pzcity of sp• c:e 1. ,1_nt'r than :has•: 1 omerged lands" and "iransttional Iona of a submerged t3i .flume neating and comfort heating; and co:niort heat output land", herein. 119) '•Transitional '• zone of a submerged landis in h1,at:ng equipment with a grots maximum less than one million BTU per hour. or comfort ventilating that wren of land between a submerged land as defined (,I) Comfort air conditioning defined i Subsection (17) above and an upland as n Subsection (13) above. it shall consist of the first fifty (50) systems. (5) (nrernal combustion engines in boats, aircraft feet landward of a line defined by the landward limit of a and vehicles used for transportation of passengers or submerged land, or the water -ward quarter (114) of the area between land and an upland, whichever is freight. (g) Incinerators constructed, installed, or used in a submerged greater, and upon which any of the following vegetational one or two-family dwo[En s or in multi -occupied dwellings which is species• or combination of such species, constitute the cuntainmg f.)ur or fPwer family units, one of dominant olant community: owner -occupied. 1.1 Page 522 of 675 Item #19. FI� VX Supp, No. 114 PERMITS CHAPTER 174 .t (7) The following equipment: (a) Cold storage refrigeration equipment. (b) Vacuum pumps in laboratory operations. (c) Equipment used for steam cleaning. (d) Belt or drum sanders -having;a total sanding suriace.of five square feet or less, and other equipment used exclusively on wood or plastics or their, products havinga density of 20 pounds per cubic foot or more, . (e) Equipment used exclusively for space heating, other than boilers. (f) Non-commercial smoke houses used exclusively for smoking food products. (g) Bakery ovens and confection cogkers where the products are.edible and intended -for human; consumption. (h) Laboratory equipment used exclusively for chemical or physical analyses. (i) Brazing, soldering or welding equipment. 6) Laundry dryers, extractors, or, tumblers for fabrics cleaned with only water solutions of bleach or detergents. (8) Non-commercial and non -industrial vacuum cleaning systems used exclusively for residential housekeeping purposes. . (9) Structural changes which cannot change the quality, nature or quantity of air and water contaminant emissions or discharges or which will not cause pollution. (10) Construction: Dredging andlor filling activities associated with the following types of projects: (a) The installation of overhead transmission lines where the support structures are not constructed in waters of the state and which do not create a navigational hazard. (b) The installation of aids -to navigation and buoys associated with such aids, except in Class II waters. An aid to navigation is a device marked pursuant to Section 371.521. F.S., which is necessary to assist a navigator in determining his position or safe course or to warn him of dang.ers or bgtatctinn is r:av'gation---- c► he -installation and repAi,oLmooging pilings ouip.h s associated.v:it, Onus e " dckirg facilities the installation and; repa`�priv�t�,��G��.fi�'e age cos ed op ggglgs t so as not to substantially impede the flow or create a navigational hazard. A private dock is a single pier at a parcel of property. Provided, that for the purposes of this rule, multi -family living complexes and other types of complexes or facilities associated with the proposed private dock shall be treated as one parcel of property regardless of the legal division of ownership or control of the, associated property. Construction of a wivate dock under this exemption dyes not require the Department is _e a sub--o..Ient ti:Nrnia �o construct a channel to route a nJvUra ClOn1 access O t, a OCd.Activities. associated With a private dock shall include the construction of structures attached to the pier which are only suitable for the mooring or storage of boats (i.e., iboatlifts). This exemption does,not include any dredging (d) 'rhe performance ;or ten (10) years from issuance of the original permit granted prior to July 1, 1975, of maintenance dredging of existing manmade canals, channels, and intake and discharge structures, where the spoil material is to be removed and deposited on a self-contained, upland (as defined in Section 17.4.02(18). F.A.C.(, spoil site which will prevent the escape of the spoil material into the waters of the state: provided that no more dredging is to be performed than is necessary to restore the canal. channels, and intake and discharge structures to original design specifications. The phrase ..ori.:,-inal permit" used in this subsection means the first 15 construction (e.g. dredging) or maintenance dredging permit issued by the Trustees of the Internal Improvement Trust Fund pursuant to Chapter 253, Florida Statutes. (0-The ` installation of 'boat ranip a on ''artificial 'bodies ofvi�ater'where navigational access to the pigposed ramp east& For the purpose of thin exemption artificial bodies' of water shallinclude, but not be"limited to, existing residential canal systems, canals permitted by a water management district created under Section 373.069, F.S. and artificially created portions of the Flori trecoastal Waterway. Construction of seawalls (including necessary backfiIIin'g1,'. and :'private &Aa''(as defined ' in : Section 17-4.04(10)Rc)F.A.Cj in artificially created waterways where such construction will not violate existing water quality standards, impede navigation or affect flood control. An artificially created waterway will be defined as a body of water that has been _totally dredged or excavated and did not overlap naturally submerged lands [as defined in Section 17.4.02(I7)F.A.C.I. For the purpose of this exemption; irtifiefally cleated waterways shall also include existing residential canal systems. The Commission recommends and encourages some method of land retention such, as rip -rap. which is more environmentally compatible than vertical seawalls. The replacement or repair of existing docks provi ed that no fill material is to be used, and provided that the replacement or repaired dock is in the same location and of the same configuration and dimensions as the dockbeing replaced or repaired. An existing dock shall include docks to which a boat can be moored at the time this exemption is exercised. This section applies to both privat and commercial decks. h Seawalls restored at their previous location or uplan of or within one (1) foot waterwayd of their previous location. No filling can be performed except in the above authorized restoration of the seawall. So construction shall be undgrtaken without necessary title or leasehold interest, especially where private and public ownership boundaries have changed as a result of natural occurrences such as accretion, reliction and natural erosion, The Commission recommends and encourages some method of land retention. such as rip -rap, which is more environmentally compatible than vertical seawalls. (i) The maintenance of existing dikes and irrigation and drainage ditches, provided that spoil material is deposited on a self-contained upland (as defined in Section 17.4.02(18), F.A.C.) spoil site which will prevent the escape of the spoil material into waters of the state, and provided that no more dredging is performed than is necessary to restore the dike or irrigation or (L-ainage ditch to it original design specifications. This exemption shall apply to man-made trenches dug for the purpose of draining; water from the land or for transoortin? water for use on the land and which are not built for navigational purposes. This exemption does not include navigable residential canal systems. 0) Repair or replacement of existing pipes to original configurations for the purpose of discharge of storm water runoff. W Construction and maintenance of swales. A Swale is a man-made trench which only contains areas of contiguous standing or flowing water following the occurrence of rainfall or flooding, and is constructed in upland areas as defined in Section 17-4.02(18), F.A.C.. (1) The construction at electrical power plant sites which have been approved pursuant to the Florida Electrical Power Plant Siting Act, Chapter 403, Part 1I, Florida Statutes, where such dredging and/or filling activities have been reviewed and approved as part of the Page 523 of 675 Agenda Item #19. pEPART,yF FLORIDA DEPARTMENT OF ti ° Environmental Protection z Southeast District Office TAB v0.°� 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 Project Name: Turnberry Beach (Sea Glass) Dock Permittee/Authorized Entity: Turnberry Beach Road, LLC c/o Jeffrey Soffer, Managing Member 19950 West Country Club Drive Aventura, FL 33180 Email: soldman(a�fbdev.com Authorized Agent: DLS Environmental Services, Inc. c/o Danna Small Email: danna(a�d1senvironmentalservices.com Environmental Resource Permit - Granted State-owned Submerged Lands Authorization — Granted Ron DeSantls Governor Jeanette Nunez Lt. Governor Noah Valensteln Secretary U.S. Army Corps of Engineers / Section 404 Authorization — Separate Authorization Required Permit No.: 50-0206246-002-EI Permit Issuance Date: May 28, 2021 Permit Construction Phase Expiration Date: May 28, 2026 Page 524 of 675 Agenda Item #19. Consolidated Environmental Resource Permit and State-owned Submerged Lands Authorization Permit No.: 50-0206246-002-EI PROJECT LOCATION The activities authorized by this Permit and state-owned submerged lands authorization are located within Jupiter Sound, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class II Waters, adjacent to 1500 Beach Road, Jupiter (Section 30, Township 40 South, Range 43 East), in Palm Beach County (Latitude N 26' 57' 40.92", Longitude W -80' 4' 43.52"). PROJECT DESCRIPTION This permit authorizes the replacement of an existing dock serving a multi -family residential development. This project consists of the removal of existing mooring piles and the installation of a 628 sq. ft. dock in the same location and configuration as the existing, previously authorized dock. The dock will provide access to launch non -motorized vessels such as kayaks and paddleboards. No motorized vessel mooring is proposed or authorized by this permit. This permit authorizes 628 ft2 of work in surface waters. Submerged resources are not located within the footprint of the proposed dock; therefore, there will be no direct adverse impacts to these resources. All vessels utilized during construction will maintain at least one foot of clearance above the bottom to avoid secondary impacts to adjacent resources. Mitigation is not required. The attached standard manatee conditions (version 2011) shall be adhered to during all in -water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one - foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. AUTHORIZATIONS Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S., and Chapter 258, F.S. As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein. Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 2 of 14 Page 525 of 675 Agenda Item #19. During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.army.mil/Missions/Re ug latory/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. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT & SOVEREIGNTY SUBMERGED LANDS CONDTIONS The activities described must be conducted in accordance with: • The Specific Conditions • The General Conditions • The Special Consent Conditions • The General Conditions for Sovereignty Submerged Lands Authorization Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 3 of 14 Page 526 of 675 Agenda Item #19. • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described. SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS (1) The attached project drawings (sheets I through 5); the Standard Manatee Conditions for In - Water Work, 2011; and DEP forms 62-330.310(1); 62-330.310(2); 62-330.340(1); and 62- 330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. If the permittee does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). (2) If the attached permit drawings conflict with the specific conditions, then the specific conditions shall prevail. SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION (3) After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall attend a pre -construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department's Compliance Assistance Program, by email SED_ComplianeekFloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre -construction conference. (4) Prior to the initiation of any work authorized by this permit, floating turbidity curtains with weighted skirts that extend to within one foot of the bottom shall be placed around the project site and shall be maintained and remain in place for the duration of the project construction to ensure that turbid discharges do not occur outside the boundaries of the floating turbidity screens. Additionally, staked erosion control devices shall be placed around the upland project area and any upland staging areas. All submerged resources, and surface waters outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. Staked erosion control devices shall also be maintained and shall remain in place for the duration of the project construction to ensure that turbid discharges into wetlands or surface waters do not occur. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent turbid discharges. The permittee is proposing Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 4 of 14 Page 527 of 675 Agenda Item #19. the installation of temporary pilings in support of the turbidity curtain. (5) The permittee shall ensure that the permit conditions are explained to all construction personnel working on the project and for providing each contractor and subcontractor with a copy of this permit before the authorized work begins. (6) There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), along the shoreline adjacent to waters of the state. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the construction barges or uplands. (7) All watercraft associated with the construction of the permitted activities shall only operate within waters of sufficient depth (one -foot clearance from the deepest draft of the vessel to the submerged bottom or top of submerged resources) so as to preclude bottom scouring or prop dredging. SPECIFIC CONDITIONS — MONITORING/REPORTING REQUIREMENTS (8) Turbidity levels outside the construction area shall not exceed 0 NTU's above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed 0 NTUs above background: a. Notify the Department at (561) 681-6600 at the time the violation is first detected. b. Immediately cease all work contributing to the water quality violation. C. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functional turbidity containment devices. d. Perform turbidity monitoring. e. Resume construction activities once turbidity levels outside turbidity curtains fall below 0 NTUs. (9) Turbidity Monitoring Water turbidity levels shall be monitored if a turbidity plume is observed outside of the limits of the required turbidity control devices. Samples shall be taken one foot above the bottom, mid -depth, and one -foot below the surface at monitoring stations located as follows: a. Approximately 100 feet up -current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.) b. Directly outside the turbidity curtains surrounding the work sites and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample.) (10) Turbidity Monitoring; Reports: During pile driving or dock construction activities, the permittee or permittee's contractor shall collect the following turbidity monitoring data at the frequency and water depths directed by the Specific Condition above: a. Date and time of sampling event Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 5 of 14 Page 528 of 675 Agenda Item #19. b. Turbidity sampling results (background NTUs, compliance NTUs, and the difference between them) C. Description of data collection methods d. An aerial map indicating the sampling locations e. Depth of sample(s) £ Weather conditions at times of sampling g. Tidal stage and direction of flow Data shall be collected in a turbidity log and shall include a statement by the individual responsible for implementation of the sampling program attesting to the authenticity, precision, limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis to the Department's Compliance Assistance Program by email at SED Compliancekfloridadep.gov. The subject line of the email shall include the project name, permit number, and the title "Turbidity Monitoring Reports." SPECIFIC CONDITIONS — OPERATION AND MAINTENANCE ACTIVITIES (11) This permit does not authorize slips. Motorized vessels are prohibited from mooring or otherwise utilizing the docking structure. The permittee shall install and maintain signage or handrails to prohibit vessel mooring. SPECIFIC CONDITIONS — MANATEE CONDITIONS (12) The permittee shall comply with the standard manatee protection construction conditions listed in the attached "2011 Standard Manatee Conditions for In -Water Work". SPECIFIC CONDITIONS — LISTED SPECIES (13) This permit does not authorize the permittee to cause any adverse impact to or "take" of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a "take" permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlannin,gServices(agMyFWC.com. GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project -specific conditions. (1) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 6 of 14 Page 529 of 675 Agenda Item #19. Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(l), "Construction Commencement Notice," [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the pennittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 7 of 14 Page 530 of 675 Agenda Item #19. documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The pennittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 8 of 14 Page 531 of 675 Agenda Item #19. all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal deterinination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. SPECIAL CONSENT CONDITIONS 1) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 2) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 9 of 14 Page 532 of 675 Agenda Item #19. the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S. (1) Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees. (2) Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. (3) Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C. (4) Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. (5) Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A- 27.004, and 68A-27.005, F.A.C. (6) Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. (7) Structures or activities will not create a navigational hazard. (8) Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. (9) Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. (10) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 10 of 14 Page 533 of 675 Agenda Item #19. authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. (11) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. (12) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. (13) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. (14) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action. Petition for Administrative Hearin 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; Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 11 of 14 Page 534 of 675 Agenda Item #19. (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 14 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 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver may not apply to persons who have not received a clear point of entry. 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. Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 12 of 14 Page 535 of 675 Agenda Item #19. 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. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 4/ Norva Blandin, MSEM Program Administrator Permitting Program Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP — Norva Blandin MSEM, Jeffrey Meyer, Kaitlyn Mallett, Robert Mullins, Irene Arpayoglou Joseph B. Chaison, P.E., Jupiter Inlet District, JChaison(Oiupiterinletdistrict.org Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell(apbc og v org FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F receipt which is hereby acknowledged. 05-28-2021 Clerk Date Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 13 of 14 S., with the designated Department Clerk, Page 536 of 675 Agenda Item #19. Attachments: Project Drawings and Design Specs., 5 pages Standard Manatee Conditions for In -Water Work, 2011 As -built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: hgps://Roridadel2.gov/water/submerged-lands-environmental-resources- coordination/content/forms-environmental-resource Project Name: Turnberry Beach (Sea Glass) Dock Permit No.: 50-0206246-002-EI Page 14 of 14 Page 537 of 675 PROJECT SITE T I N N ' A t I a n t w I Teq sta O c e a n Jupiter 1 Inlet Colony Est es ar: 7n6 �- upAer sl Carlin P A L M B E A C H Park Toney Penna Dr .. PALM BEACH COUNTY m C J U (I — W co Dr County Line a� tk1 Blowing Hell Gate ' Rocks PROJECT SITE in a ........ Al 707 SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST I Dy Environmental J- services, Inc. 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com Inlet � pF 8ryt, 4 O*g 4 E, v y 4 � At Permit Numher r 50-0206246-002-El d p Southeast District d o� a "0 =ayse% A t I a n t i c O c e a n Location Map Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 +LE: N.T.S. MARCH 2O21 Page I o 75 DEnvironmental l- s ervices, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com OF 2020 Aerial Ap PROJECT SITE E e_ Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 SCALE: N.T.S. MARCH 2O21 PaaeEJ f�5 75 EXISTING MOORING PILES TO BE REMOVED \ \ I 13 A \ v\ � v\ INTRACOASTAL WATERWAY WATERBODY WIDTH 742'± (OPEN AREA) 2' X 7.5' PLATFORM SECTION AT LOWER ELEVATION SNOB 11\3 �FNG1N N � MEAN HIGH WATERLINE LOCATED BY SURVEY gEPCH ROPO NOTES: GEC 1. ELEVATION DATUM IS MLW RIPARI MLW = -1.81 NAVD = -0.13 NAVD 88 DEPTF 2. MEAN HIGH LINE LOCATED BY LIDBERG LAN EYING ON 6/22/17 3. EXIST DOCK STRUCTURE TOTALS 628± SQ. F . 4. PROPOSED WORK IS TO REPLAC XISTING DOCK STRUCTURE IN T E LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURC ITHIN FOOTPRINT OF EXISTING DO 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE Environmental us Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Existing/Proposed Plan View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =30' MARCH 2O21 I SHEET3 Qf 5 75 em • R OF g�V e4,+ G�$$ 4 Y .y a a 'M Permit Number y 4 r 50-0206246-002-El a o p Southeast District y O�� Y d0 Kati B .LYZB' 7.5' 102'± 32.5'± ACCESS LATFORM ACCESS LAN D ARID OFF MHW f r 5' � --- ------ - --- ------- ------- ------ ------ ------ --- SUBSTRATE BREAK LINE ACCESS UTILIZES SAME LOCATION AS EXISTING DOCK ACCESS (NO MANGROVE IMPACTS) NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.81 NAVD 88 MHW = -0.13 NAVD 88 2. MEAN HIGH WATER LINE LOCATED BY LIDBERG LAND SURVEYING ON 6/22/17 3. EXISTING DOCK STRUCTURE TOTALS 628± SQ. FT. 4. PROPOSED WORK IS TO REPLACE THE EXISTING DOCK STRUCTURE IN THE SAME LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURCES WITHIN FOOTPRINT OF EXISTING DOCK 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE ap Environmental Overall Dock Profile View T Services, Turnberry Beach Road, LLC aka Sea Glass Condominium Inc. Beach Road 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 SCALE: www.disenvironmentalservices.com 1" = 20' MARCH 2O21 SHEE f 5 75 4 AT LOWER ELEVATION NOTES: 1. ELEVAI MLW 2. MEAN F 3. EXISTIN 4. PROPOSED WORK IS TO REPLACE THE EXISTING DOCK STRUCTURE IN THE SAME LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURCES WITHIN FOOTPRINT OF EXISTING DOCK 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH''/2" SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE PLATFORM Environmental us Services, Inc. 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 \B-tV19-- Platform Cross Section View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 7l r ml Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =3' MARCH 2O21 I SHEET5 Qf 5 75 Agenda Item #19. STANDARD MANATEE AND MARINE TURTLE CONSTRUCTION CONDITIONS FOR IN -WATER WORK July 2011 The permittee shall comply with the following conditions intended to protect manatees and marine turtles from direct project effects: a. All personnel associated with the project shall be instructed about the presence of marine turtles, manatees and manatee speed zones, and the need to avoid collisions with (and injury to) these protected marine species. 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. Siltation or turbidity barriers shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee or marine turtle movement. d. All on -site project personnel are responsible for observing water -related activities for the presence of marine turtles and manatee(s). All in -water operations, including vessels, must be shutdown if a marine turtle or manatee comes within 50 feet of the operation. Activities will not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(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 marine turtle or manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922, and to FWC at ImperiledSpeciesCcDmyFWC.com. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service (for north Florida, Jacksonville 1-904-731-3336 or for south Florida Vero Beach 1-772-562-3909). 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'/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. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 543 of 675 Agenda Item #19. 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,. dip, Wildlife Alert: 1-888-404-FWCC (3922) cell * FWC or #FWC Page 544 of 675 Ze 919. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT 4400 PGA BOULEVARD, SUITE 500 PALM BEACH GARDENS, FL 33401 February 7, 2022 Regulatory Division South Permits Branch Palm Beach Gardens Permit Section SAJ-2015-00997 (G P-C F ) Turnberry Beach Road, LLC c/o Mr. Jeffrey Soffer 19950 West Country Club Drive Aventura, FL 33108 Dear Mr. Soffer: The U.S. Army Corps of Engineers (Corps) has completed the review of your application for a Department of the Army permit, which the Corps received on March 31, 2021. Your application was assigned file number SAJ-2021-00997. A review of the information and drawings provided indicates that the proposed work would result in the repair and replacement of the existing 628 square foot dock in the same location and configuration. However, the height of the dock will be raised from 3.5' above mean high water (current dock height) to 5.0' above mean high water. The decking will also have '/2" spacing between deck boards. 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 in waters of the U.S. within the Indian River Lagoon portion of the Intracoastal Waterway (ICWW) adjacent to 1500 Beach Road, Section 30, Township 40 South, Range 43 East, in Tequesta, Palm Beach County, Florida. This letter verifies your project, as described above and depicted on the enclosed drawings, is authorized by Regional General Permit (RGP) SAJ-33 and any subsequent modifications, if applicable. This RGP authorization is valid until July 24, 2023. Please access the Corps' Jacksonville District Regulatory Division Source Book webpage to view the special and general conditions for SAJ-20, which apply specifically to this authorization. The Internet URL address is: http://www.sa0.usace.army.mii/Missions/RegulatoEy.aspx. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Once there select "Source Book"; and, then select "General Permits." Then you will need to select the specific SAJ permit noted above. You must comply with ALL the RGP general and special, attached and/or incorporated by reference, and the Project Specific Special Conditions and General Conditions, listed below, or you may be subject to enforcement action. Page 545 of 675 Agenda Item #19. General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on July 24, 2023. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Project Specific Special Conditions: The following project specific special conditions are included with this verification: 1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to either (not both) of the following addresses: a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019. Page 546 of 675 Agenda Item #19. The Permittee shall reference this permit number, SAJ-2015-00997 (GP-CF) on all submittals. 2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed "Commencement Notification" Form (Attachment B). 3. 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. 4. Self -Certification: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self -Certification Statement of Compliance" form (Attachment C) 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. 5. Manatee Conditions: The Permittee shall comply with the "Standard Manatee Conditions for In -Water Work — 2011" (Attachment D. The most recent version of the Manatee Conditions must be utilized. 6. Jacksonville District Programmatic Biological Opinion (JAXBO): Structures and activities authorized under this permit will be constructed and operated in accordance with all applicable PDCs contained in the JAXBO, based on the permitted activity. 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.mii/Missions/Regulatory/SourceBook.aspx JAXBO may be subject to revision at any time. The most recent version of these JAXBO must be utilized during the design and construction of the permitted work. Page 547 of 675 Agenda Item #19. 7. 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 the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with native cultures or early colonial settlement), the Permittee shall immediately stop all work and ground - disturbing activities within a 100-meter diameter of the discovery and notify the Corps at the addresses listed in the Reporting Address Special Condition within the same business day (8 hours). The Corps shall coordinate with the choose an item State Historic Preservation Officer Choose an item to assess the significance of the discovery and devise appropriate actions. 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. This letter of authorization does not include conditions that would prevent the `take' of a state -listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Page 548 of 675 Agenda Item #19. Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (httg://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://re_ uq lato[y.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 GP verification or have issues accessing the documents reference in this letter, please contact Carolyn Farmer at the letterhead address above, via telephone at 561-846-1937, or via e-mail at carolyn.h.farmer@usace.army.mil. Sincerely, Carolyn Farmer Project Manager Enclosures Attachment A: Drawings Attachment B: Commencement Notice Form Attachment C: Self -Certification Form Attachment D: Manatee Construction Conditions Page 549 of 675 Agenda Item #19. Cc: danna(a)dlsenvironmental services. com CESAJ-RD-PE Page 550 of 675 PROJECT SITE T I N N ' A t I a n t w I Teq sta O c e a n Jupiter 1 Inlet Colony Est es ar: 7n6 �- upAer sl Carlin P A L M B E A C H Park Toney Penna Dr .. PALM BEACH COUNTY m C J C U (I — W co County Line a� Dr tk1 Blowing Hell Gate ' Rocks PROJECT SITE ........ i Al 707 SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST I Dy Environmental J- services, Inc. 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com Inlet A t I a n t i c O c e a n Location Map Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 SCALE: QQ N.T.S. MARCH 2O21 Pale � If o 75 DEnvironmental l- s ervices, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com OF 2020 Aerial Ap PROJECT SITE E e_ Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 SCALE: N.T.S. MARCH 2O21 PaaeE��Rf�5 75 EXISTING MOORING PILES TO BE REMOVED yA\ v\ INTRACOASTAL WATERWAY WATERBODY WIDTH 742'± (OPEN AREA) 2' X 7.5' PLATFORM SECTION AT LOWER ELEVATION SNpR 11\3 �FNG1N N � MEAN HIGH WATERLINE LOCATED BY SURVEY ,CH ROPO NOTES: gEp GEC 1. ELEVATION DATUM IS MLW RIPARI MLW = -1.81 NAVD = -0.13 �NAVD DEPTF 2. MEAN HIGH LINE LOCATED BG LAN EYING ON 6/22/17 3. EXIST DOCK STRUCTURE TOTALS 628± SQ. F . 4. PROPOSED WORK IS TO REPLAC XISTING DOCK STRUCTURE IN T E LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURC ITHIN FOOTPRINT OF EXISTING DO 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE Environmental us Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Existing/Proposed Plan View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =30' MARCH 2O21 I SHEET3Qf 5 75 (NO MANGROVE IMPACTS) NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.81 NAVD 88 MHW = -0.13 NAVD 88 2. MEAN HIGH WATER LINE LOCATED BY LIDBERG LAND SURVEYING ON 6/22/17 3. EXISTING DOCK STRUCTURE TOTALS 628± SQ. FT. 4. PROPOSED WORK IS TO REPLACE THE EXISTING DOCK STRUCTURE IN THE SAME LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURCES WITHIN FOOTPRINT OF EXISTING DOCK 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE Environmental us Services, Inc. 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Overall Dock Profile View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =20' MARCH 2O21 I SHEE 75 PLATFORM 4 AT LOWER ELEVATION NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.81 NAVD 88 MHW = -0.13 NAVD 88 2. MEAN HIGH WATER LINE LOCATED BY LIDBERG LAND SURVEYING ON 6/22/17 3. EXISTING DOCK STRUCTURE TOTALS 628± SQ. FT. 4. PROPOSED WORK IS TO REPLACE THE EXISTING DOCK STRUCTURE IN THE SAME LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURCES WITHIN FOOTPRINT OF EXISTING DOCK 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE DEnvironmental us Services, Inc. 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Platform Cross Section View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =3' MARCH 2O21 I SHEE 75 Agenda Item #19. COMMENCEMENT NOTIFICATION Within ten (10) days of initiating the authorized work, submit this form 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-2015-00997(GP-CF) 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 Dated 9/18/2019 Page 556 of 675 Agenda Item #19. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Within sixty (60) days of completion of the authorized work, submit this form via electronic mail to sai-rd-enforcement(a)usace.army, rn (preferred, not to exceed 15MB) 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-2015-00997(GP-CF) 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 Dated 9/18/2019 Page 557 of 675 Agenda Item #19. 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. 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. 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 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'/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. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Page 558 of 675 Agenda Item #19. .. W cD � o � 4. E o 4-0 CN W C C7 L1J a�n � `� � '(.) LL zLL 'p W *._ LL 00 � - +0 zi 00 0 W ca D +TL6 Page 559 of 675 Agenda Item #19. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST DA PERMIT NUMBER: SAJ-2015-00997(GP-CF) 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(a-)-usace. army. m il (not to exceed 15 MB). (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) Page 560 of 675 Agenda Item #19. coin" PUBLIC NOTICE VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday, September 14, 2023, at 6:00 p.m., or as soon thereafter as possible and continuing from time to time and place to place as necessary. The Village Council meeting will be held in the Village Council Chambers at Village Hall located at 345 Tequesta Drive, Tequesta, FL 33469. Residents will also be able to watch the meeting live via the Village's YouTube Channel (https://bit.ly/VOTYoutube). If you wish to submit a comment to the Village Council, please use Citizen Comment Card (http://www.teguesta.org/forms.aspx?FID=192). Council will act upon the following development application(s): VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. Related documents are available for inspection and copying by request to the Community Development Department via email at Ililly@tequesta.org or by calling 561-348-4628. The Public Hearings may be continued from time to time, as necessary. All interested persons are encouraged to come to the Public Hearings and be heard. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at such meetings or hearings, he or she will need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence from which the appeal is to be based. The Village of Tequesta does not provide such a record. Page 561 of 675 Agenda Item #19. N O N ti 10 O m U K u � Y H H O o O v p p S o o v S a o m a a o m d G> H m 0% Q1 J w N � m v 2 � LL w Z 2 o z p o o o O M Q o w M V V 2 m > Page 562 of 675 Dorothy Jacks, CFA Location: Downtown Service Center Palm Beach County 0 35 70 140 210 280 Key Property Appraiser Feet Map Scale Selected Parcels 100 = 300 M 500 Notes: = Others 200 M 400 Page 563 Produced on:6/13/2023 675 a�, 4 COUN�y VILLAGE OF TEQUESTA Department of Community Development 345 Tequesta Drive Tequesta, Florida 33469 Ph: 561-768-0451 / Fax: 561-768-0698 vvww.tequesta.org APPLICATION FOR VARIANCE PLANNING & ZONING BOARD (Single Family) 1-1 Meeting Date: VILLAGE COUNCIL Meeting Date: PROJECT NAME: Seaglass Condominium Association- Inc. dock rebuild PROJECT ADDRESS: 1500 S. Beach Road, Tequesta, FL 33469 Applicant Name: Danna Small, DLS Environmental Services, Inc. Applicant Address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 Applicant Phone No 772-215-3997 Fax No.: ------------------------- DEPARTMENTAL USE ONLY Ck. # Fee Paid: ' Intake Date: ' PROJECT #: 0 -----------------� Cell Phone No.: 772-215-3997 E-mail Address: danna(a,)dlsenvironmentalservices.corr Provide written approval from the property owner, if other than the applicant. Property Owner's Name: Turnberry Beach Road, LLC. (developer acting on behalf of the property owner) Property Owner's Address: 19950 West Country Club Drive, 1 Oth Floor. Aventura. FL 33180 Property Owner's Phone No.: 305-682-4256 Fax No.: E-mail Address: skass@fbdev.com NATURE OF VARIANCE: The developer is requesting a variance to allow the previously approved dock to be rebuilt in the same location and configuration as the existing dock. This request results in a variance to Sec 76-20(a) to allow for a overall dock length of 109.5' from mean high water and a variance to Sec 76-20(b) to allow for a width of 7.5' for the platform SIGNATURE OF APPLICANT: 6 jl�n2A DATE: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: 1) Current survey or site plan of property showing all structures and setbacks. 2) Drawings to scale of proposed improvements. 3) Variance Criteria Response — page 2 of application. 4) Any other documentation pertinent to this application. S) List and map of all property owners within 300' radius of the outermost perimeter of subject property, obtained from PBC Property Appraisers Office. Labels of each property owner must be affixed to stamped self-adhesive envelopes with a Village of Tequesta return address label. 6) 15 Copies of all submittal documents. 7) Application Fee of: A) Single Family: $ 300.00 C) Multiple Family $ 1000.00 B) Duplex: $ 700.00 D) Commercial $ 1000.00 To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and special studies, the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30 days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be grounds for not issuing a building or zoning permit, certificate of occupancy or completion. Costs associated with advertising for public hearings and other public notice requirements are the responsibility of the applicant. The fee shall be paid prior to such application being scheduled for a public hearing requiring notice. Page 564 of 675 Agenda Item #19. JUSTIFICATION OF VARIANCE: You must provide a response to each of the following questions per Zoning Code Sec. 78-65 (2) a.-f. If additional space is needed, please attach extra pages to this application. If your variance request is related to the public waters of the state comprising the Loxahatchee River and the Intracoastal Waterway and all creeks, canals or waterways or tributaries connected therewith, located within the geographical boundaries of the Village, you must also address the ten criteria listed in the Sec.76-7 (next page). 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Please see the attached bates for the response to this reauirement. 2 The special conditions and circumstances do not result from the actions of the applicant. Please see the attached pages for the response to this requirement. 3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Please see the attached pages for the response to this requirement. 4 Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Please see the attached pages for the response to this requirement. 5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Please see the attached pages for the response to this requirement. 6 The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Please see the attached pages for the response to this requirement. Page 565 of 675 Agenda Item #19. Sec. 76-7. Variances. (to be completed only if Variance request is related to Waterway Control) (a) Any person desiring a variance from the terms of this chapter shall make application for such variance to the zoning board of adjustment of the village in accordance with the procedures set forth in this section. (b) In order to authorize any variance from the terms of this chapter, the Board of Adjustment MUST find with respect to the proposed project as follows: (1) The variance being requested meets the definition of the term "variance" as that term is used and understood in chapter 78, zoning. Variance means a variation from the district requirements of this chapter which is granted by the zoning board of adjustment, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the physical characteristics of that particular property and not the result of the actions of the owner, agent, or applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. Please see the attached pages for the response to this requirement. (2) No hazardous condition would be created. Please see the attached pages for the response to this requirement. (3) The flow of water would not be impeded or interfered with. Please see the attached pages for the response to this requirement. (4) No obstruction to navigation would occur. Please see the attached pages for the response to this requirement. (5) It would not interfere with traditional public uses of the waterway including, but not limited to, swimming, fishing, or boating. Please see the attached pages for the response to this requirement. (6) It would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values. Please see the attached pages for the response to this requirement. (7) It would not appreciably disrupt, interfere with, or disturb marine or benthic life. Please see the attached pages for the response to this requirement. (8) It would not contribute to the pollution of the waterway or the degradation of its condition. Please see the attached pages for the response to this requirement. (9) It would not interfere with the lawful rights of riparian owners. Please see the attached pages for the response to this requirement. (10) It would be consistent with any other applicable laws, rules or plans. Please see the attached pages for the response to this requirement. Page 566 of 675 Ag Ite ]Environmental S ervices, Inc. TURNBERRY BEACH ROAD, LLC ON BEHALF OF SEAGLASS CONDOMINIUM Variance Request Introduction/Request On behalf of the Owner, Turnberry Beach Road, LLC., DLS Environmental Services, Inc. is requesting review and approval of a variance to allow the existing dock to be replaced in the same location. Due to the current condition of the dock, it will require all new pilings, new sub -structure and deck boards. Aerials are included which show the existing dock from 2017 to 2023 to demonstrate that the proposed dock length and size are not changing and that the dock access does (and always has) gone through mangroves. As a result of the existing footprint of the dock access, no mangrove removal is necessary to reconstruct the dock. The existing dock was previously approved in 1981 and according to that permit (copy included), the dock extended a total of 108-feet from mean high water and was permitted to have an 8-foot by 12-foot platform however the platform was actually constructed as a 7.5-foot by 12-foot platform. Due to erosion which has occurred over the past 40 years, the dock now extends a total of 109.5- feet from mean high water. An assessment of the submerged resources (seagrasses) within the area revealed that no submerged resources were located within the actual footprint of the existing dock, however, the immediate surrounding area had a variety of seagrasses. The seagrasses located within the area are documented in the Submerged Aquatic Vegetation Assessment which is included with this request. In order to avoid impacts to those seagrasses present outside of the footprint of the existing dock structure and to provide sufficient depth to launch kayaks, etc., the dock was approved by Florida Department of Environmental Protection (DEP) and the US Army Corps of Engineers (Corps) to be replaced in the same footprint. 1. Special conditions and circumstances existing which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. a) It is our understanding that a variance for the original dock could not be located however, the dock was previously permitted by the Village of Tequesta to be constructed in this configuration which includes extending more than 75-feet from mean high water and a platform which exceeds a 6-foot width. b) Seagrasses are present outside of the footprint of the existing dock, therefore in order to avoid impacts to seagrasses, the dock needs to be rebuilt in the same location and configuration. c) Shallow depths would prevent the ability to launch kayaks, etc. if the dock was reduced to a length of 75-feet from mean high water. The depths are documented in the drawings associated with the DEP and Corps permits. phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 web: www.dlsenvironmentalservices.com Page 567 of 675 Ag Ite ]Environmental S ervices, Inc. 2. The special conditions and circumstances do not result from the actions of the applicant. The presence of seagrasses and the existing depths adjacent to the property are not the result of any action of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. The requested variances are intended to prevent impacts to the existing resources (seagrasses) therefore no special privilege is conferred to the applicant. 4. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of this chapter would deprive the applicant of the right to a docking structure which would be considered something that waterfront properties in the same zoning district would be allowed. As a result, application of the provisions of this chapter would result in unnecessary and undue hardship on the applicant. 5. The variance is granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variances are the minimum necessary to make reasonable use of the docking structure. In addition, while the platform would continue be 7.5-feet wide as previously constructed verses the 6-feet allowed in Sec. 76-20(b), the overall square footage of the proposed platform (which was previously permitted) is less that what would be allowed under Sec. 76-20(b). The proposed platform is a total of 90 square feet while a platform which meets the criteria identified in Sec. 76-20(b) could be a total of 156 square feet and would impact seagrasses in the immediate adjacent areas. 6. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the variances would be in harmony with the general intent and purpose of this chapter as they allow for reasonable and continued use of the docking structure that was previously permitted by the Village of Tequesta. In addition, the variances requested allow the dock to also be designed to avoid impacts to seagrasses which is consistent with the state (DEP) and federal permitting agency (Corps) goals of minimizing environmental impacts and preserving natural resources. As a result, the variances would be beneficial to the area and to phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 web: www.dlsenvironmentalservices.com Page 568 of 675 Ag Ite ]Environmental S ervices, Inc. the public welfare when compared to constructing a dock which meets the criteria in Sec. 76- 20(a) and (b). SEC. 76-7. VARIANCES 1. The variance being requested meets the definition of the term "variance" as that term is used and understood in chapter 78, zoning. The variances being requested meet the definition since the proposed dock reconstruction/replacement in the same footprint will not be contrary to the public interest and is the result of conditions peculiar to the physical characteristics of the property (in this case, the adjacent waters) and not the result of actions of the owner. 2. No hazardous condition would be created. Since the granting of these variances result in allowing the reconstruction/replacement of a dock which has been in place for over 40 years, there is reasonable assurance that it does not result in a hazardous condition. 3. The flow of water would not be impeded or interfered with. The dock is a piling supported structure therefore there are no impacts on the flow of water. 4. No obstruction to navigation would occur. This aspect has been reviewed by the Corps (they are considered to be the navigation experts since they control the Intracoastal Waterway) and they have determined that the reconstruction of the existing dock does not obstruct navigation and the dock is a sufficient distance from the channel to avoid any hazardous conditions. This is evidenced by the fact that the Corps issued on rebuilding the dock. 5. It would not interfere with traditional public uses of the waterway including, but not limited to swimming, fishing, or boating. The proposed dock reconstruction was reviewed by DEP and that review includes taking into consideration traditional public uses of the waterway such as fishing, recreational values, navigation, and marine productivity (just to name some of the aspects of the review process). DEP has determined that dock reconstruction will not interfere with traditional public uses as evidenced by the fact that DEP issued on the dock. 6. It would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values. phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 web: www.dlsenvironmentalservices.com Page 569 of 675 Ag Ite ]Environmental S ervices, Inc. This is a reconstruction of the existing dock and as a result, does not create any additional obstruction of the waterway views or detract from aesthetic values. In addition, the shoreline in this location is lined by mangroves and the dock is not visible from the upland area. Currently the dock access landward of mean high water is overgrown by Scaevola taccada which is an invasive exotic and removal of the Scaevola would be desirable. 7. It would not appreciably disrupt, interfere with, or disturb marine or benthic life. One of the main purposes for reconstructing the dock in the same footprint is to not disrupt, interfere with or disturb marine or benthic life. Changing the footprint would result in adverse impacts to seagrasses in the immediate adjacent areas. 8. It would not contribute to the pollution of the waterway or the degradation of its condition. The new dock piles will be wrapped in industry standard, inert, non -leaching synthetic material which is acknowledge by the state and federal permitting agencies to not contribute to the degradation of the environment. 9. It would not interfere with the lawful rights of riparian owners. The dock reconstruction is in the same location as the existing dock was for 40 years and meets the setbacks required by the Village of Tequesta as well as those required by DEP, therefore it is implied that it does not interfere with any rights of riparian owners. For the purposes of the setbacks, the plan provided with this request as Exhibit I, shows the riparian lines which is what DEP follows, as well as the extended property lines, which is what the Village of Tequesta follows. 10. It would be consistent with any other applicable laws, rules, or plans. The dock reconstruction would be consistent with any other applicable rules or laws other than what is identified in this variance request. phone: 772-215-3997 • fax: 772-879-4520 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 web: www.dlsenvironmentalservices.com Page 570 of 675 Agenda Item #19. TURNBERRY BEACH ROAD LLC 19950 West Country Club Drive, 10' Floor Aventura, Florida 33180 June 15, 2023 Village of Tequesta Community Development Department 345 Tequesta Drive Tequesta, FL 33469 RE: SeaGlass Condominium — Variance for Dock Repair To Whom It May Concern: This letter is to serve as permission for Dana Small of DLS Environmental Services, Inc. ("Agent") to act as the agent for (i) Turnberry Beach Road LLC (the "Developer'), the developer under the Declaration of Condominium for SeaGlass, a Condominium recorded as CFN 20220445197 of the Palm Beach County Records (as amended, the "Declaration") and (ii) Structural Roof Systems, Inc. (the "Contractor"), the contractor who has been engaged on behalf of the Developer to complete the dock repairs contemplated by Section 4 of the Declaration (the "Dock Repairs"), in connection with the proposed variance for the completion of the Dock Repairs (the "Dock Variance"). As the agent for the Developer and the Contractor, Agent is hereby given permission by the Developer to (x) attend all meetings and committee assemblies for the Village of Tequesta and (y) draft, submit, and coordinate all documentation, in each case of (x) and (y), required for the Dock Variance on behalf of the Developer and the Contractor. TURNBERRY BEACH ROAD, LLC, a Delaware, limited liability company By: Name: Sheryl ss Its: Authorized Signatory STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence, this 15th day of June, 2023, by Sheryl Kass as the Authorized Signatory for Tumberry Beach Road LLC, a Delaware limited liability coca paii3 .. (Si atu ota�y Publ�-State of Florida) (Print, Type, or Stamp Commissi Personally Known Public) y► �i i .*: Z • 151070 `.'edMN i STATE o�r� Page 571 of 675 Agenda Item #19. TURNBERRY BEACH ROAD LLC, a Delaware limited liability company WRITTEN CONSENT OF THE MANAGER The undersigned, being the manager (the "Manager") of Turnberry Beach Road LLC, a Delaware limited liability company (the "Company"), hereby resolves in writing in accordance with Section 4(b) of the Operating Agreement of the Company, effective as of June 27, 2017 (as the same may be modified or amended from time to time, the "Operating Agreement"): WHEREAS, the Company is a duly formed and validly existing limited liability company, organized and existing under the laws of the State of Delaware; WHEREAS, the Manager has the right to delegate whatever duties, responsibilities, and authority the Manager may desire, subject to the Operating Agreement; WHEREAS, the Manager believes that it is in the best interest of the Company to (i) revoke the powers and authorizations of each of Aly-Khan Merali and Mario A. Romine as Authorized Signatories under Section 4(c) of the Operating Agreement and (ii) appoint and grant to Sheryl Kass the full power and authority of an Authorized Signatory under Section 4(c) of the Operating Agreement; AND WHEREAS, the Manager believes that it is in the best interest of the Company to appoint individuals as authorized signatories for the accounts of the Company (each an "Authorized Account Signatory') to be vested with the authority to act on behalf of the Company with respect to the bank accounts of the Company, in connection with the ordinary course of business for the operation of the Company. NOW, THEREFORE, it is: RESOLVED, that Sheryl Kass is hereby appointed an Authorized Signatory under Section 4(c) of the Operating Agreement and is granted all powers and authority of an Authorized Signatory as set forth in Section 4(c) of the Operating Agreement; RESOLVED, that each of Barbara Ballante, Philip Goldfarb, and Patrick Powers, is hereby appointed an Authorized Account Signatory for accounts of the Company until his/her successor is duly appointed by the Manager, and is hereby authorized, empowered and directed, for and in the name and on behalf of the Company, to execute and deliver any and all documents deemed to be required, necessary, and appropriate and in the best interest in the Company to be executed and delivered at any time in connection with the bank accounts of the Company, including the withdrawal or depositing of money in such accounts, in the ordinary course of business for the operation of the Company; RESOLVED, that the Manager certifies the signature appearing opposite the name of the Authorized Signatory or any Authorized Account Signatory is the genuine signature of such person: Page 572 of 675 Agenda Item #19. NAME Sheryl Kass Barbara Ballante Philip Goldfarb Patrick Powers SIGNATURE TITLE Authorized Signatory Authorized Account Signatory Authorized Account Signatory Authorized Account Signatory RESOLVED, that the Manager, on behalf of himself and the Company, hereby ratifies and confirms the acts of the Authorized Signatory or any Authorized Account Signatory, irrespective of whether such acts were performed prior or subsequent to the date of the adoption of the foregoing resolutions, in effectuating the purposes and intents of the foregoing resolutions contemplated thereby; RESOLVED, that any authorization granted to any person to execute or deliver any items referenced in Section 4(c) of the Operating Agreement (Collectively "Documents") on behalf of the Company (other than those granted pursuant to the resolutions set forth herein) be, and any such authorization hereby is, revoked from and after the date hereof (provided that the foregoing revocation shall not effect any Document heretofore executed and delivered pursuant to any such authorization). IN WITNESS WHEREOF, I have executed my name as Manager dated this A day of February, 2019. Page 573 of 675 Agenda Item #19. Environmental Services, Inc. August 2020 Submerged Aquatic Vegetation Assessment SEA GLASS @ BLOWING ROCK BEACH ROAD - PALM BEACH COUNTY Section 301 Township 40 South, Range 43 East Tequesta, Florida Prepared for: Turnberry Beach Road, LLC 19950 W. Country Club Drive, FL 10 Miami, FL 33180 Prepared by: DLS Environmental Services, Inc. 1901 SW Yellowtail Avenue Port St. Lucie, FL 34953 phone: 772-215-3997 • email: danna@dlsenvironmentalservices.com address: 1901 SW Yellowtail Avenue, Port St. Lucie, FL 34953 web: www.dlsenvironmentalservices.com Page 574 of 675 Agenda Item #19. Beach Road, Tequesta, Palm Beach County Section 30, Township 40 South, Range 43 East SUBMERGED AQUATIC VEGETATION ASSESSMENT August 2020 Prepared for: Turnberry Beach Road, LLC 19950 W. Country Club Drive, FL 10 Miami, FL 33180 Page 575 of 675 Agenda Item #19. TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION.............................................................................................................1 2.0 SITE LOCATION AND DESCRIPTION.........................................................................1 3.0 METHODOLOGY............................................................................................................1 4.0 RESULTS..........................................................................................................................2 FIGURES Figure 1 — Location Map Figure 2 — Resource Survey Page 576 of 675 Agenda Item #19. TURNBERRY BEACH ROAD - SEA GLASS SUBMERGED AQUATIC VEGETATIONASSESSMENT 1.0 INTRODUCTION A submerged aquatic vegetation (SAV) survey was conducted within the riparian areas associated with the property located at Beach Road, Tequesta, on August 23, 2020, by DLS Environmental Services, Inc. The purpose of the field reconnaissance was to identify the presence/absence of seagrasses and other submerged resources within the riparian areas to quantify any possible impacts resulting from the proposed marina. 2.0 SITE LOCATION AND DESCRIPTION The subject site is located adjacent PCN# 60-43-40-30-65-000-0020, Beach Road, Tequesta, in Palm Beach County, Florida (Section 30, Township 40 South, and Range 43 East), on the east side of the Intracoastal Waterway. The shoreline of the subject site consists of a mixture of white, red and black mangroves. The site is located within the Jensen Beach to Jupiter Inlet Aquatic Preserve. A location map is attached as Figure 1. 3.0 METHODOLOGY DLS Environmental Services biologists conducted an in -water survey to document the presence/absence of SAV and other submerged resources at the subject site on August 23, 2020 on an incoming tide using the guidelines outlined in the Florida Department of Environmental Protection (FDEP) Field Methods Manual for Evaluating Resource (SLER 0856). It was noted that the water clarity was good and visibility averaged approximately 2.5 feet. Transects started at the waterward edge of the existing mangroves and extended west for a distance of 200 feet. Sampling was performed every 10-feet along each transect and the transects also covered the locations immediately adjacent to each transect so that the 1 Page 577 of 675 Agenda Item #19. entire area was reviewed. The approximate locations of these transects as well as the distribution of seagrass are depicted in Figure 2. 4.0 RESULTS No seagrass was present within the footprint of the existing dock. Outside of the existing dock footprint the area contained a variety of species. Syringodium filiforme and Halodule wrightii were located in all transects prior to the -3 foot depth contour. Some locations also contained Thallasia testudinum or Halophila decipiens. The northern nearshore area contained Syringodium filiforme, Halodule wrightii and Halophila johnsonii. The locations of the species and coverages are provided in Figure 2. Generally, coverage of seagrass was minimal in the south and central locations of the nearshore riparian area but increased in the northern portion of the nearshore riparian area. In all locations, the seagrass coverage ended at or just prior to the point where the depths began to increase rapidly which was the 3 foot contour line. 2 Page 578 of 675 PROJECT SITE T I N N ' A t I a n t w I Teq sta O c e a n Jupiter 1 Inlet Colony Est es ar: 7n6 �- upAer sl Carlin P A L M B E A C H Park Toney Penna Dr .. PALM BEACH COUNTY m C J C U (I — W co County Line a� Dr tk1 Blowing Hell Gate ' Rocks PROJECT SITE ........ i Al 707 SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST I Dy Environmental J- services, Inc. 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com Inlet A t I a n t i c O c e a n Location Map Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 SCALE: LIRE_ N.T.S. AUG 2020 Pale 5 / c 75 ... .. Hipk,dule r Syringodhim filifOrrrke Halodq1e r Haloduldiwrightil PRD�ECS S��E 10 r NOTES: 1. RESOURCE SURVEY PERFORMED ON 8/23/20 BY DLS ENVIRONMENTAL SERVICES 2. TRANSECTS NOT ALL SHOWN FOR CLARITY LEGEND: 3. RESOURCES LOCATED IN AREAS AS SHOWN ON AERIAL 4. SEAGRASS ENDS AT OR JUST BEFORE -3' DEPTH CONTOUR — DEPTHS INCREASE RAPIDLY RESOURCE SURVEY TRANSECTS 5. NO SEAGRASS PRESENT WITHIN FOOTPRINT OF EXISTING DOCK ap Environmental Resource Survey T Turnberry Beach Road, LLC aka Sea Glass Condominium Services, Inc. Beach Road 1901 Sw Yellowtail Avenue Port Saint Lucie, FL 34953 Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: N.T.S. AUG 2020 FIG 75 �a E cC cn :3LO 'i M � a- Z p O LL a0�� 0 0 004 M U m N WZ N2oa N m U a� U 00 N aNi c n v M O b Q J 17 N T 3 U'2LLN N s � a y { C a a 3 tT 1 W Z �{ O I 11 11 ' iL. 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WOOD PILES WRAPPED IN INDUSTRY STANDARD V ABOVE MHW TO 1' BELOW SUBSTRATE INTRACOASTAL WATERWAY WATERBODY WIDTH 742'± (OPEN AREA) 2' X 7.5' PLATFORM SECTION AT LOWER ELEVATION 12' Im I 1 I 1 I -To \ I \may \ �- 25' -�►I \ I \ I MEAN HIPH WATER LINE GROVES LOCATEQ BY SURVEY MW ➢\ I { ; I GROVES \� �..� � __>FL \I i \I i Environmental _D-r us Services, Inc. 1901 SW Yellowtail Avenue Pon. Saint Lucie, FL 34953 INERT, NON -LEACHING, SYNTHETIC MATERIAL Existing/Proposed Plan View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =30' JUNE 2023 75 (NO MANGROVE IMPACTS) NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.81 NAVD 88 MHW = -0.13 NAVD 88 2. MEAN HIGH WATER LINE LOCATED BY LIDBERG LAND SURVEYING ON 6/22/17 3. EXISTING DOCK STRUCTURE TOTALS 628± SO. FT. 4. PROPOSED WORK IS TO REPLACE THE EXISTING DOCK STRUCTURE IN THE SAME LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURCES WITHIN FOOTPRINT OF EXISTING DOCK 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)-26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH'/2' SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE 1?s Environmental Services, Inc. 1901 SW Yellowtail Avenue Pon. Saint Lucie, FL 34953 Overall Dock Profile View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =20' JUNE 2023 75 PLATFORM 4 AT LOWER ELEVATION NOTES: 1. ELEVATION DATUM IS MLW MLW = -1.81 NAVD 88 MHW = -0.13 NAVD 88 2. MEAN HIGH WATER LINE LOCATED BY LIDBERG LAND SURVEYING ON 6/22/17 3. EXISTING DOCK STRUCTURE TOTALS 628± SO. FT. 4. PROPOSED WORK IS TO REPLACE THE EXISTING DOCK STRUCTURE IN THE SAME LOCATION AND CONFIGURATION 5. NO SUBMERGED RESOURCES WITHIN FOOTPRINT OF EXISTING DOCK 6. DOCK PILES 8"0 PILES WITH SPACING 10' O.C. (TYP)- 26 PILES 7. ALL DECK BOARDS 2" X 6" DECK BOARDS WITH'/2' SPACING 8. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL V ABOVE MHW TO 1' BELOW SUBSTRATE Environmental _0-p us Services, Inc. 1901 SW Yellowtail Avenue Pon. Saint Lucie, FL 34953 Platform Cross Section View Turnberry Beach Road, LLC aka Sea Glass Condominium Beach Road Tequesta, Florida PCN 60-43-40-30-65-000-0020 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: ill =3' JUNE 2023 75