R24-059 1 RESOLUTION NO. R24-059
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE CITY TO APPLY FOR THE FLORIDA INLAND
5 NAVIGATION DISTRICT WATERWAYS ASSISTANCE GRANT PROGRAM
6 (THE "GRANT"), IN THE AMOUNT NOT TO EXCEED $125,000, WITH A
7 CITY MATCH NOT TO EXCEED $125,000; AUTHORIZING THE CITY
8 MANAGER TO EXECUTE THE APPLICATION, AND IF AWARDED, THE
9 GRANT AGREEMENT, SUBJECT TO REVIEW FOR LEGAL SUFFICIENCY BY
10 THE OFFICE OF THE CITY ATTORNEY; AUTHORIZING THE CITY
11 MANAGER TO TAKE ALL ADMINISTRATIVE AND BUDGETARY ACTIONS
12 NECESSARY TO IMPLEMENT THE GRANT;AND AUTHORIZING THE CITY
13 MANAGER TO EXECUTE ANY AMENDMENTS TO THE GRANT
14 AGREEMENT THAT DO NOT INCREASE THE CITY'S FINANCIAL
15 OBLIGATIONS, SUBJECT TO REVIEW BY THE OFFICE OF THE CITY
16 ATTORNEY FOR LEGAL SUFFICIENCY; AND PROVIDING AN EFFECTIVE
17 DATE; AND FOR OTHER PURPOSES.
18
19 WHEREAS, the City of Boynton Beach is interested in carrying out the following
20 described project for the enjoyment of the citizenry of Boynton Beach and the State of Florida:
21 Project Title: Waterways Assistance Program Grant - Harvey Oyer Park Boating Docks
22 and Lifts Phase 2 Construction
23 Total Estimated Cost: $125,000 Grant and $125,000 City match
24 Brief Description of Project: The Fire Rescue Department desires to apply for the •
25 Waterways Assistance Program Grant to help fund phase 2 Construction of the boating
26 docks and lifts at Harvey Oyer Park.The proposed project consists of installing a private
27 dock and boat lifts for Boynton Beach Fire and Police departments at Harvey Oyer Park
28 to bolster its boating safety efforts. Harvey Oyer Park is without a dedicated docking
29 space, forcing Fire Rescue to drive the vessel from the station to Harvey Oyer Park,
30 impacting emergency response time; and
31 WHEREAS, the Florida Inland Navigation District ("FIND") financial assistance is
32 required for the program mentioned above; and
33 WHEREAS, the FIND is offing a Grant for Waterways Assistance Program to assist local
34 governments in performing waterways improvement projects; and
35
36 WHEREAS, FIND provided assistance funding to complete phase 1 of the Boynton
37 Beach Boating Safety project planning phase. This funding cycle, the City is requesting funds
38 to complete the phase 2, construction phase; and
39 WHEREAS, the City's Fire Department desires to apply for the Waterways Assistance
40 Program Grant in the amount not to exceed $125,000 with a City match not to exceed
41 $125,000; and
42 WHEREAS, upon recommendation of staff, the City Commission finds it in the best
43 interest of the citizens and residents of the City of Boynton Beach to approve the grant
44 application for the FIND Waterways Assistance Program Grant, in the amount not to exceed
45 $125,000, with a City match not to exceed $125,000; authorize the City Manager to execute
46 the application, and if awarded, the Grant Agreement, subject to review for legal sufficiency
47 by the office of the City Attorney; authorize the City Manager to take all administrative and
48 budgetary actions necessary to implement the grant; and authorize the City Manager to
49 execute any amendments to the Grant Agreement that do not increase the City's financial
50 obligations, subject to review by the office of the City Attorney for legal sufficiency.
51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
52 BOYNTON BEACH, FLORIDA, THAT:
53 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
54 being true and correct and are hereby made a specific part of this Resolution upon adoption
55 hereof.
56 SECTION 2. The City Commission approves the grant application for the FIND
57 Waterways Assistance Program Grant, in the amount not to exceed $125,000,with a City match
58 not to exceed $125,000; authorizing the City Manager to execute the application, and if
59 awarded, the Grant Agreement, subject to review for legal sufficiency by the office of the City
60 Attorney; authorizing the City Manager to take all administrative and budgetary actions
61 necessary to implement the grant; and authorizing the City Manager to execute any
62 amendments to the Grant Agreement that do not increase the City's financial obligations,
63 subject to review by the office of the City Attorney for legal sufficiency.
64
65 SECTION 3. In accordance with the requirements of the FIND Grant Application, the
66 City Commission of the City of Boynton Beach hereby agrees and makes representations as
67 follows: (i) The City accepts the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and
68 which will be a part of the Project Agreement for any assistance awarded under the proposal;
69 (ii) The City is in complete accord with the proposal and will carry out the Program in the
70 manner described in the proposal and any plans and specifications, unless prior approval for
71 any change has been received from the District; (iii) The City has the ability and intention to
72 finance its share of the cost of the project and that the project will be operated and maintained
73 at the expense of the City for public use; (iv) The City will not discriminate against any person
74 on the basis of race, color or national origin in the use of any property or facility acquired or
75 developed pursuant to proposal, and shall comply with the terms and intent of the Title VI of
76 the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply
77 fully with statutes relating to accessibility by persons with disabilities as well as other federal,
78 state and local laws, rules and requirements; (v) The City will maintain adequate financial
79 records on the proposed project to substantiate claims for reimbursement.; and (vi) The City
80 will make available to FIND if requested, a post-audit of expenses incurred on the project prior
81 to, or in conjunction with, request for the final 10% of the funding agreed to by FIND.
82 SECTION 4. This Resolution shall take effect in accordance with law.
83
84
85
86 [signatures on following page]
87
88
89
90
91
92
93
94
95 PASSED AND ADOPTED this 2nd day of April 2024.
96 CITY OF BOYNTON BEACH, FLORIDA
97
98 YES NO
99 1/
100 Mayor—Ty Penserga
101
102 Cornrn ,yn.a�Thomas Turkin
103
104 Conn,m,ss„r,.,,i —Angela Cruz
105
106 Cumw••ss —Woodrow L. Hay
107
108 \h e MelAssf
—Aimee Kelley
109
110 VOTE S�D
111
112 ATT
113
114
115 .�. . 1! •. _i
— � r
116 Maylee D- Je: , MPA, MM Ty Pe/-=r• .
117 City Cler Mayor
118
119 A'i'ROVED AS TO FORM:
120 (Corporate Seal)
121 471-6
122
123 Shawna G. Lamb
124 City Attorney
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•
WATERWAYS ASSISTANCE PROGRAM
APPLICATION PACKAGE
Part 2. Attachment E
,r'- ---' 4, Florida
MR" INLAND Inland
NAY16ATION OISTRICI
Navigation
1/f,��t t�A,\ District
FY 2024-2025
WATERWAYS ASSISTANCE PROGRAM
APPLICATION PACKAGE
Part 2. Attachment E
The following attachment E-1 through E-8, in addition to
the requirements of items 10 through 13 of the
application checklist, constitute your formal application.
SUBMIT THE APPLICATION INFORMATION IN
THE ORDER LISTED ON THE CHECKLIST.
Applications must be received by the District by 4:30 p.m. on April 1, 2024.
SUBMIT ENTIRE APPLICATION ONE OF TWO WAYS:
Electronic submission
Erp via email to:
CKelley@aicw.org
(pdf file size 15MB or less and permits
should be sent in separate emails to
reduce file size)
Application must be received by the deadline, no exceptions.
Attachment E - Applicant Tips Sheet
(Mistakes Common to the application process and how to avoid them)
SCHEDULING
The new application is available by January each year, and District funding is available AFTER October 1st
of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due
- 1st of April; Property control/Technical sufficiency items- 15th of May, Permits- 16th of September.
(Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.)
PROPERTY CONTROL VERIFICATION
Please have your attorney complete and sign the form in the application verifying applicant property
control. In the case of leases or management agreements, please forward a copy to the District well in
advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this
requirement outside the application "window".)
PROJECT COSTS ELIGIBILITY
Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item's
eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also
not eligible for an applicant's match. Make sure you have delineated your required minimum cost-share on
the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item,work up a
mock cost-sheet and send it to our office well before the deadline.)
COST-SHARE
Although the applicant must provide a minimum of 50%of the total project costs (25%for eligible public
navigation dredging), there is no specific requirement to split each item. (Staff suggestion:You may want to
organize project element in a certain manner for easier accounting.)
PRE-AGREEMENT EXPENSES
Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR
to October 1st to be considered as pre-agreement expenses.The Board's past philosophy has been to fund
only those projects that require District funding assistance to be completed. It is best to avoid
pre-agreement expenses if possible. Note, that pre-agreement expenses must be limited to 50%or less
of the total project costs, and they are eligible for only 1/2 of the original District funding. (Example: A project
with a total cost of$200,000 is Board-approved for one-half construction PRIOR to October 1st. In this case,
District funding will be limited as follows: Only 50%of the$100,000 project cost prior to October 1st is eligible
as project expenses (i.e. $50,000).Then only 1/2 of the eligible project expenses ($50,000) are eligible for
District funding assistance (i.e. $25,000).
SUBMITTED MATERIALS&JUNE PRESENTATION
The Board must review and evaluate every application and each year we receive about 90 applications
for consideration.The final product for the Commissioner's review is two 8-1/2" x 11" spiral-bound notebooks
containing the essential information for the application. NOTE: make sure your final submitted material is the
same material you will be presenting to the Board at our June meeting.This will avoid confusion and
strengthen your presentation. (Staff suggestion: Limit the submitted materials to the requested information,
in the required format and make sure it is consistent with your June presentation. Do not submit additional
material at the June presentation!)
ELECTRONIC SUBMISSIONS
Grant applications are ONLY being accepted by email. Grant applications may be submitted via email as
a pdf attachment (15 mb maximum size and permits attached separately). Make sure to label your pdf
attachment with the applicant and project title. You will receive a confirmation email letting you know
your application has been received. Email your completed application to: CKelley@aicw.org
Applications must be received by the District by 4:30 p.m. on April 1, 2024.
ATTACHMENT E-1
APPLICATION CHECKLIST
WATERWAY ASSISTANCE PROGRAM FY 2024
Project Title: Boynton Beach Boating Safety Program Phase II
Applicant: City of Boynton Beach
This checklist and the other items listed below in items 1 through 13 constitute your
application. The required Information shall be submitted in the order listed.
An electronic copy shall be emailed (15mb maximum file size) to CKelley@alcw.org.
Application must be received by the deadline, no exceptions.
All information will be printed on 9 '/2"x11" paper to be included in agenda books
bound by staff.
YES NO
1. District Commissioner Review (prior to March 4rd)
(NOTE: For District Commissioner Initials ONLY!)
(District Commissioner must initial the yes line on this
checklist for the application to be deemed complete)
2. Application Checklist-E-1 (Form No. 90-26, 2 pages)
(Form must be signed and dated)
3. Applicant Info/Project Summary- E-2 (Form No. 90-22, 1 0
page)(Form must be completed and signed)
4. Project Information-E-3 (Form No. 90-22a, 1 page) Q
5. Application and Evaluation Worksheet-E-4(+) (Form Q
No.91-25) (One proper sub-attachment included, 7 pages)
Must answer questions 1-10. No signatures required
6. Project Cost Estimate- E-5 (Form No. 90-25, 1 page) 0
(Must be on District form)
7. Project Timeline- E-6 (Form No. 96-10, 1 page) Q Q
8. Official Resolution Form-E-7 (Form No. 90-21, 2 pages) O
(Resolution must be In District format and include
items 1-6)
ATTACHMENT E-1 (Continued)
APPLICATION CHECKLIST
WATERWAY ASSISTANCE PROGRAM FY 2024
YES NO
9. Attorney's Certification (Land Ownership) -E-8 0
(Must be on or follow format of Form No. 94-26,
Legal descriptions NOT accepted in lieu of form)
10. County/City Location Map 0
11. Project Boundary Map
12. Clear & Detailed Site Development Plan Map 0
13. Copies of all Required Permits: ACOE, DEP, WMD
(Required of development projects only)
The undersigned, as applicant, acknowledges that Items 1 through 12 above
constitutes a complete application and that this information is due in the District office no
later than 4:30 PM, April 1, 2024. By May 15, 2024 my application must be deemed complete
(except for permits) or it will be removed from any further consideration by the District. I also
acknowledge that the information in Item 13 is due to the District no later than September 16,
2024. If the information in Item 13 is not submitted to the District office by September 16, 2024,
I am aware that my application will be removed from any further funding consideration by
the District.
LIAISON: Mirna ompton TITLE: Grants Manager
02/29/2024
*;SIGNATURE - PROJECT LIAISON ** DATE
FIND OFFICE USE ONLY
Date Received:
Local FIND Commissioner Review:
All Required Supporting Documents:
Applicant Eligibility:
Project Eligibility: Available Score:
Compliance with Rule 66B-2 F.A.C.:
Eligibility of Project Cost:
Form No. 90-26 -New 9/2/92,Revised 07-30-02.
ATTACHMENT E-2
APPLICANT INFORMATION & PROJECT SUMMARY
WATERWAY ASSISTANCE PROGRAM FY 2024
APPLICANT INFORMATION
Applicant: City of Boynton Beach
Department: Fire & Rescue Department & Police Department
Project Title: Boynton Beach Boating Safety Program Phase II
Project Director: Hugh Bruder Title: Director Fire & Rescue
Project Liaison: Mirna Crompton Title: Grants Manager
(if different from Director)
Mailing Address: P.O Box 310
City: Boynton Beach, FL Zip Code: 133425
Email Address: cromptonm@bbfl.us Phone #: 561-742-6087
Project Address: 12010N. Federal Hwy, Boynton Beach, FL, 33435
*** I hereby certify that the information provided in this application is true and accurate. ***
-
SIGNATURE: i �,. ,vouslr 1. DATE: •
PROJECT NARRATIVE (Please summarize the pro - soece provided below in 2 paragraphs or less.)
The project consists of installing a private dock and boat lifts for Boynton Beach Fire and Police
departments at Harvey Oyer Park to bolster its boating safety efforts. The City identified increased
risks on the City's Intracoastal Waterways and Inlet as well as the existing vulnerabilities to marine
firefighting and water rescue operations.
There is no dedicated fire rescue vessel in Palm Beach County, North of Boca Raton and the
location of the dock provides both Police and Fire Rescue with quick access to the State and
Federally-funded ICW and the Boynton Inlet which is one of the most dangerous inlets in the State.
Additionally, the lifts would protect the fire rescue and patrol boats from saltwater corrosion, keeping
the maintenance costs low and mitigate the risk of water damage caused by sea level rise.
Form No. 90-22,Rule 66B-2,(New 12/17/90,Rev.07-30-02,04-24-06)
ATTACHMENT E-3
PROJECT INFORMATION
WATERWAY ASSISTANCE PROGRAM FY 2024
Applicant:City of Boynton Beach Project Title: Boynton Beach Boating Safety Program Phase II
Total Project Cost: $ 240,130 FIND Funding 120,065 %of Total Cost: 50
Requested: $
Amount of Applicant's Matching Funds: $120,065
Source of Applicant's Matching Funds: City budget
1. Ownership of Project Site (check one): Own:QLeased:QOther:Q
2. If leased or other, please describe lease or terms and conditions:
N/A
3. Has the District previously provided assistance funding to this project or site? Yei l No: ❑ Q
4. If yes, please list:
The Florida Inland Navigation District provided assistance for the planning Phase I of the Boynton
Beach Safety Program.
5. What is the current level of public access in terms of the number of boat ramps, boat slips and
trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable):
The site is highly accessible to the public with 5 boat ramps, 6 docks not including the proposed project,
120 trailer parking spaces, and approximately 730 In. Ft. of boardwalk. The Police and Fire departments
will utilize the proposed dock and lifts for public safety.
6. How many additional ramps, slips, parking spaces or other access features will be added by this
project?
The project will be for private use by the Police and Fire departments and will not add any additional
access features.
7. Are fees charged for the use of this project? No® Yes Q**
**If yes, please attach additional documentation of fees and how they compare with fees from
similar public & private facilities in the area.
Please list all Environmental Resource Permits required for this project:
AGENCY Yes / No / N/A Date Applied For Date Received
WMD N/A
DEP Yes 10.18.23 12.04.23
ACOE N/A
Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07)
ATTACHMENT E-4
EVALUATION WORKSHEET
WATERWAY ASSISTANCE PROGRAM FY 2024
DIRECTIONS:
All applicants will complete questions 1 through 6, and then based on the type of
project, complete one and only one subsection (E-4A, B, C, D or E) for questions 7-10.
***Please keep your answers brief and do not change the pagination of Attachment E-4***
All other sub-attachments that are not applicable to an applicant's project should not be
included in the submitted application.
Project Title: Boynton Beach Boating Safety Program Phase II
Applicant: City of Boynton Beach
1) PRIORITY LIST:
a) Denote the priority list category of this project from Attachment C in the application.
(The application may only be of one type based upon the predominant cost of the
project elements.)
13.Waterway boating safety programs&equipment.
b) Explain how the project fits this priority category.
The project fits this priority category as it provides a permanent location across one of the
most dangerous inlets in the state to assist with patrol, water rescue, firefighting
intervention and saving lives by reducing call response times. With the City's existing
inter-agency agreements and multi-jurisdictional capabilities, emergencies and calls for
service can be provided to the entire county. Furthermore, the boat lifts eliminate future
maintenance costs due to saltwater corrosion and repaint of the boating equipment.
(For reviewer only)
Max.Available Score for application
Question 1. Range of Score (1 to points)
2) WATERWAY RELATIONSHIP:
a) Explain how the project relates to the ICW and the mission of the Navigation District.
This project directly supports FIND's mission and boating safety on the ICW by providing
the departments with the effective tools and equipment to immediately respond to the
emergency operations.
b) What public access or navigational benefit to the ICW or adjoining waterway will
result from this project?
More lives and properties will be saved and protected as a result of this project. Fire
Rescue will significantly reduce their response time by having their boat on the water and
PD's marine unit will provide waterway boating safety patrols and respond to
emergencies more efficiently. The location provides direct access and rapid rescue
capabilities to Boynton Beach's dangerous Inlet.
(For reviewer only)
(1-6 points)
3) PUBLIC USAGE & BENEFITS:
a) Describe how the project increases/improves boater/public access.
Estimate the amount of total public use.
Though this project does not provide public access to the docking space, the presence of
the Fire Rescue and Law Enforcement vessels will provide greater peace of mind to the
public. The City may experience an increase in boating activity while the community
benefits from a reduced number of incidents on the waterways.
b) Discuss the regional and local public benefits provided by the project.
Can residents from other counties of the District reasonably access and use the
project? Explain.
The City of Boynton Beach provides patrol, call responses, and water rescue services to
the community and neighboring municipalities. With the absence of a dedicated water
rescue response in Palm Beach County, the Public will benefit from an enhanced
response from the Police a and Fire Rescue departments of the City.
c) Has the local Sponsor implemented or plans to implement any boating access, speed
zone, commercial access or other restrictive use of this site?
No restrictions are placed on commercial access of the Oyer Park site but the dock use
will be limited to Fire Rescue and Police department vessels.
(For reviewer only)
(1-8 points)
4) TIMELINESS:
a) Describe current status of the project and present a reasonable and effective
timeline for the completion of the project consistent with Attachment E-6.
The design phase has been completed. Construction is anticipated to begin after October
2024. The Construction - Phase II will be completed on a period of 9 months.
b) Briefly explain any unique aspects of this project that could influence the timeline.
There may be some mangroves needing to be mitigated. This would be a small obstacle
that could influence the project timeline.
(For reviewer only)
(1-3 points)
5) COSTS & EFFICIENCY:
a) List funding sources and the status and amount of the corresponding funding that will
be utilized to complete this project including any cash match or matching grant funds.
This project will be funded with the WAP grant program and the City of Boynton Beach.
The City will allocate $ 120,065 on cash match from their Capital Improvement Plan
budget to complete this project.
b) Identify and describe any project costs that may be increased because of the materials
utilized or specific site conditions.
Due to the volatile inflation rates, the costs of construction materials may increase.
c) Are there any fees associated with the use of this facility? If so, please list or attach fee sheet.
There are no fees associated with this specific project as it will be for private use.
d) If there are any fees, please explain where these fees go and what they are used for. In
addition, please provide a listing of the fees charged by similar facilities, public and private, in
the project area.
N/A
(For reviewer only)
(1-6 points)
6) PROJECT VIABILITY:
a) Why is the project necessary and what need will it fill? Why are existing facilities
insufficient to meet demand?
There is no docking space for the Fire department so the boat has to be towed and
placed on the water for ever marine emergency. This process adds critical time to the
team's ability to immediately intervene and provide water rescue and marine firefighting
operations to the community. The Police department currently leases two boat lifts and a
docking space on the marina for approximately $36,000 per year. This project is
necessary as it allows the patrol boat to remain in a centralized location, eliminate the
costs of renting a space, and permits the Fire department to have their vessel at the ready
to respond to crises.
b) Clearly demonstrate how the project will continue to be maintained and funded after funding is
completed.
The project will be maintained with the funds allocated through the City budget annually.
c) Is this project referenced or incorporated in an existing maritime management, public assess
or comp plan?
Boating safety is incorporated in maritime management and this project supports existing
efforts to make the navigable waterways safe and accessible to all.
(For reviewer only)
(1-7 points)
SUB-TOTAL
FIND FORM NO. 91-25
Rule 66B-2.005(Effective Date:3-21-01,Revised 4-24-06, 1-27-14)
ATTACHMENT E-4A
EVALUATION WORKSHEET
DEVELOPMENT & CONSTRUCTION PROJECTS
WATERWAY ASSISTANCE PROGRAM FY 2024
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR
CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH
RENOURISHMENT PROJECT.
7) PERMITTING:
a) Have all required environmental permits been applied for? (USACE, DEP and WMD)
If permits are NOT required, explain why not.
The City has applied for permitting to meet FIND's timeline requirement on October 18,
2023. Permitting from DEP has been approved on December 04, 2023.
b) If the project is a Phase I project, please provide a general cost estimate for the future
Phase II work.
This project is for phase II work and has a total of $240,130. The total project is based
on 3 project components:
Boat Lift Supply and Installation $112,800
Electric, Potable Water and Fire $29,500
General Conditions Component & Contingency $97,830
c) Detail any significant impediments that may have been identified that would
potentially delay the timely issuance of the required permits.
No significant impediments have been identified at this time.
(For reviewer only)
(1-4 points)
8) PROJECT DESIGN:
a) Has the design work been completed?
If this is a Phase I project, has a preliminary design been developed?
Design work has been completed.
b) Are there unique beneficial aspects to the proposed design that enhance public
usage or access, minimize environmental impacts, improve water quality or
reduce costs?
The project will minimize environmental impacts due to the incorporation of sustainable
materials capable of lasting several years, which will minimize environmental disturbance
while reducing overall costs and enhancing the longevity of the dock system.
(For reviewer only)
(1-2 points)
9) CONSTRUCTION TECHNIQUES:
a) Briefly explain the construction techniques and materials to be utilized for this project.
Identify any unique construction materials that may significantly alter the project costs.
If a Phase 1, elaborate on potential techniques.
Jet driven concrete piles will be installed to support a new dock system. An aluminum
deck and rails will be installed atop the piles. The depth of the concrete piles and the
height of the deck will be designed so that the boat docks can still be operational even
with sea level rise.
Electric boat lifts will be installed which can reduce maintenance costs and extend the
lifespan of vessels.
The project will incorporate sustainable materials capable of lasting several years to
minimize environmental disturbance and reduce overall costs but also enhance the
longevity of the dock system.
b) What is the design life of the proposed materials compared to other available
materials?
The design will incorporate sustainable materials such as marine - grade aluminum alloy,
Stainless Steel hardware and concrete piles. These materials are highly durable and can
withstand the hash salt environment and can last up to 25+ years. Reinforced concrete
piles are resistant to decay and can last up to 50+years. Other materials that could be
used are Galvanized steel and pressure treated wood but have a lower life span.
(For reviewer only)
(1-3 points)
10) ENVIRONMENTAL COMPONENTS:
a) How has the facility where the project is located demonstrated commitment to
environmental compliance, sustainability, and stewardship?
The City of Boynton Beach completed a climate change vulnerability assessment to
identify locations and structures risking tidal flooding due to sea level rise. Replacing the
existing dock with materials capable of sustaining storm surges and rainfall-induced
flooding strengthens the City's commitment to environmental compliance and
sustainability. The City also planted 108 new trees at Oyer Park to provide shade and
wildlife habitat, help mitigate flooding and enhance site resilience to harsh climate
conditions.
b) What considerations, if any, have been made for sea level rise impacts in the design
and life span of this project?
The depth of the concrete piles and the height of the deck will be designed so that the
boat docks can still be operational even with sea level rise.
(For reviewer only)
(1-3 points)
RATING POINT TOTAL
Note:
The total maximum score possible is dependent upon the project priority category but
cannot exceed 50 points unless the project qualifies as an emergency-related project.
The minimum score possible is 10 points. A score of 35 points or more is required to be
considered for funding.
Form No.91-25A
Rule 66B-2.005(Effective Date:3-21-01,revised 4-24-06, 1-27-14)
ATTACHMENT E-4C
EVALUATION WORKSHEET
LAW ENFORCEMENT & BOATING SAFETY PROJECTS
WATERWAY ASSISTANCE PROGRAM FY 2024
THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A LAW
ENFORCEMENT OR BOATING SAFETY PROJECT
7) VIABILITY:
c) Describe how the project will address particular public health, safety, or welfare
issues of the Navigation District's Waterways.
Over the last 4 years, BBPD/BBFD's Marine Unit responded to over 1000 calls for service
and on the waterways. The US Coast Guard reported 804 accidents in 2020 with 72
fatalities and 514 persons injured.
This project will allow Fire rescue and to expand rescue operations beyond the City limits
and support the neighboring regions.
d) How does the project provide significant benefits or enhancements to the District's
Waterways?
The project benefits the waterways as it provides immediate response capability to the
Fire and Police departments to all of Palm Beach County. There will be a decrease in
incidents and fatalities, property damage, negative environmental impact and increased
personal safety.
(For reviewer only)
(1-3 points)
8) EXPERIENCE 8. QUALIFICATIONS:
a) List the personnel tasked with the implementation of this project, their qualifications,
previous training and experience.
BBFD's 5 ALS fire suppression units, transport rescues, technical rescue, ocean rescue,
Battalion Chiefs, Safety and training Captain. BBPD's marine unit consists of officers
well-trained in vessel/personal watercraft operation, maritime law and the local
waterways.
b) Have the personnel participated in or received state marine law enforcement training?
Yes, the marine police training course is specifically designed for marine patrol officers
and supervisors who work in maritime law enforcement. The hands-on training enhances
the skills and safety of the officers who are assigned to proactive enforcement activities,
boating safety. and marine and domestic security details. The training is a 40-hour
course. The last training took place in 2021 , and we are scheduled to attend the
upcoming training from May 21 to 24, 2024.
(For reviewer only)
(1-2 points)
9) DELIVERABLES:
a) Describe the anticipated, long-term measurable results of implementing this project.
Long-term results of implementing this project include reduced number of incidents on
the ICW due to more efficient patrols and a significant reduction in emergency response
times.
b) What is the range or area of coverage for this project? Please provide a map of the
coverage area.
See attached Map. The project will cover all of Boynton Beach and surrounding
municipalities in Palm Beach County.
c) Does the project fulfill a particular community need?
Yes, the project fulfills the needs of the community by improving boating safety and
significantly reducing the response time to water rescue incidents..
For reviewer only)
(1-4 points)
10) EDUCATION:
a) What are the educational benefits (if any) of this proposed project?
During Manatee season, BBPD educate the boaters to ensure the safety of an
endangered species.
b) How does the project or program provide effective public boating education
or expand boater safety?
The project expands boater safety as it allows easier access to patrol the waterways and
rapidly intervene during calls for service and emergencies.
(For reviewer only)
(1-3 points)
RATING POINT TOTAL
Note:
The total maximum score possible is dependent upon the project priority category but
cannot exceed 50 points unless the project qualifies as an emergency-related project.
The minimum score possible is 10 points. A score of 35 points or more is required to be
considered for funding.
Form No.91-25C
Rule 66B-2.005(Effective Date:3-21-01,revised 4-24-06, 1-27-14)
ATTACHMENT E-5
PROJECT COST ESTIMATE
WATERWAY ASSISTANCE PROGRAM FY 2024
(See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios)
Project Title: Boynton Beach Boating Safety Program Phase II
Applicant: City of Boynton Beach
Project Elements
(Please list the MAJOR project elements Total Estimated Applicant's FIND Cost
and provide general costs for each one. Cost Cost
For Phase I Projects, please list the major (To the nearest$50) (To the nearest$50)
elements and products expected)
Boat Lift Supply and Installation.24K Aluminum Cradle Lifts Supply, p
Aluminum Catwalks.Aluminum Hinged Access Platforms,Aluminum 112800.00 56,400.00 56 400.00
Stair Systems.Boat Lift Installation,Concrete Support Piles.Electrical ,
-Lift'Mring
Electric, Potable Water and Fire: Power 29,500.00 14,750.00 14,750.00
and Lighting, Potable Water, Fire System.
General Conditions/Miscellaneous plus Contingency Contractor Mobilization/
Demobilization,Staging Area Construction,Fencing and Other,Demolition-Removal of r97830.00 48915.00 48915.00
Fish Cleaning StationInsurance,LicensesBonds and Other Misc,Survey Control/ ,
Layout/Asbuitt Survey,Environmental Control(Silt Fences.Turbidity Screens)8 Permit
Allowance 8 contingency
**TOTALS = $240,130.00 $ 120,065.00 $ 120,065.00
Form No.90-25(New 10/14/92,Revised 04-24-06)
ATTACHMENT E-6
PROJECT TIMELINE
WATERWAY ASSISTANCE PROGRAM FY 2024
Project Title: Boynton Beach Boating Safety Program Phase II
Applicant: City of Boynton Beach
The applicant is to present a detailed timeline on the accomplishment of the
components of the proposed project including, as applicable, completion
dates for: permitting, design, bidding, applicant approvals, initiation of
construction and completion of construction.
NOTE: All funded activities must begin AFTER October Pt
(or be consistent with Rule 66B-2.005(3) - Pre-agreement expenses)
Date Component
October 2024- November 2024 Bid & Solicitation
December 2024 - January 2025 Mobilization
February 2025 Demolition
March 2025 - April 2025 Construction
May 2025 Substantial completion
June 2025 Final Completion
FIND Form 96-10(effective date 04-15-07)
VI"( A.
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WATERWAYS ASSISTANCE PROGRAM
FY 2024-2025
Attachment 1
Attachment E-8
Attorney's Certification of Title 2024
The City of Boynton Beach
Y o. OFFICE OF THE CITY ATTORNEY
100 E. OCEANAVENUE
P.O.BOX 310
BOYNTONBEACH, FLORIDA 33425-
C7) )= 0310
0 �c (561)742-6050
ETON
March 27, 2024
Re: City of Boynton Beach 2024 FIND Grant Application
Attachment E-8 Attorney's Certification of Title 2024 (See Rule 66b-2.006(4) &2.008(2)
FAC)
To Whom It May Concern:
I, Shawna Lamb, am the City Attorney for the City of Boynton Beach, Florida. I hereby state that
I have examined a copy of a deed from Traci Marie McClure, a married woman joined by Robert
Carter, spouse to the City of Boynton Beach recorded on October 31, 2001 at OR Book 13041,
Page 462 in the public records of Palm Beach County conveying fee simple interest in the
following described property to the City of Boynton Beach:
That part of the North 73 feet of the West 225 feet of Lot 11,according to the plat of SAM BROWN
JR.'S SUBDIVISION, recorded in Plat Book 1, Page 81, Palm Beach County Public Records;
being more particularly described as follows: Commence at the Northwest corner of said Lot 11;
thence Easterly along the North line of said Lot 11, a distance of 94. 84 feet to a point in the
Easterly right of way line of State Road No. 5 (U.S. Highway No. 1), as recorded in Road Plat
Book 3, Pages 11 through 17, Palm Beach County Public Records, said point being the point of
beginning of the parcel herein described; thence continue Easterly along the same course, a
distance of 72.42 feet; thence Southerly,at right angles to the preceding course,a distance of 73.0
feet; thence Westerly, parallel to the said North line of Lot 11, a distance of 82.16 feet to a point
in the said right of way line of State Road No. 5; thence Northerly, along said right of way line, a
distance of 73.64 feet to the Point of Beginning aforedescribed.
A parcel of land in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida,
more particularly described as follows: Beginning at the Southwest corner of Lot 10 of SAM
BROWN JR. 'S HYPOLUXO SUBDIVISION, according to the plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County,recorded in Plat Book 1,Page 81,
thence Easterly along the South line of said Lot 10 a distance of 153. 67 feet; thence Northerly at
right angles to the preceding course a distance of 50. 95 feet;thence Westerly parallel to the South
line of said Lot 10 a distance of 53.95 feet;thence Northerly at right angles to the preceding course
a distance of 7.9 feet; thence Westerly parallel to the South line of said Lot 10, a distance of 91.94
feet to the point in the West line of said Lot 10; thence Southerly along the West line of said Lot
10, a distance of 59.30 feet to the Point of Beginning.
2024 FIND Grant Certification
Page 2 of 2
I have also examined a document showing that this property is listed on the tax rolls as belonging
to the City of Boynton Beach. This property is what is now called "Harvey E. Oyer, Jr. Park." I
certify that to the best of my knowledge and belief, the City of Boynton Beach does in fact own
this property and has owned it for approximately 23 years.
Sincerely,
>j' glt t1. , umb
Shawna Lamb, Esq.
City Attorney
/sgl
AMERICA'S GATEWAY TO THE G ULFSTREAM
ce‘17(e., 0 A,
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WATERWAYS ASSISTANCE PROGRAM
FY 2024-2025
Attachment 2
Detailed Cost Estimate
Sea Diversified, Inc. OYER PARK Estimate of Costs
160 Congress Park Drive BOAT LIFT INSTALLATION Prepared 03.21.24
Delray Beach, Florida 33445 MARCH 21, 2024 1
ESTIMATE OF PROBABLE CONSTRUCTION COST-4-POST CRADLE LIFTS
Project Component A: Boat Lift Supply and Installation
24K Aluminum Cradle Lifts Supply-4-Pile, 2-Motor,
1.0 Standard Kits. Includes Electrical Controls,Aluminum Bunks& 2 ea $22,500.00 $45,000.00
Hardware
2.0 Aluminum Catwalks-(1) 12"& (1) 16"Each Lift, (4)Total 4 ea $ 1,700.00 $6,800.00
3.0 Aluminum Hinged Access Platforms, (1) Each Lift 2 ea $750.00 $ 1,500.00
4.0 Aluminum Stair Systems, (4) Step w/Handrail, (1) Each Lift 2 ea $950.00 $ 1,900.00
5.0 Boat Lift Installation 2 ea $4,500.00 $9,000.00
6.0 Concrete Support Piles- 14"x45'8-Strand FDOT- 8 ea $4,200.00 $33,600.00
Furnish& Install, (4) Piles per Lift
7.0 Electrical-Lift Wiring-Tie into New Shore Power Pedestal 2 ea $7,500.00 $ 15,000.00
Subtotal -Component A Boat Lift Supply&Installation $112,800.00
Project Component B: Electric, Potable Water and Fire
1.0 Power and Lighting-(2) Shore Power Pedestals w/Connection to 1 ea $23,250.00 $23,250.00
Existing Upland Panel-Allowance
2.0 Potable Water-Connect New Shore Power Pedestal to Existing 1 ea $5,000.00 $5,000.00
Water Service-Allowance
3.0 Fire System- Fire Extinguisher Cabinet-Furnish and 1 ea $ 1,250.00 $ 1,250.00
Install
Subtotal -Component B: Electric, Potable Water and Fire $29,500.00
Project Component C: General Conditions/Misc. Items
1.0 Contractor Mobilization/Demobilization $25,000.00
2.0 Staging Area Construction, Fencing and Other $3,500.00
3.0 Demolition-Removal of Timber Piles, Fish Cleaning $4,500.00
Station&Aluminum Railing
4.0 Insurance, Licenses, Bonds and Other Misc. $5,000.00
5.0 Survey Control/Layout/Asbuilt Survey $3,500.00
6.0 Environmental Control(Silt Fences,Turbidity Screens) $2,500.00
7.0 Allowance- Permit $5,000.00
8.0 Allowance-Security Gate $ 12,000.00
9.0 Allowances-Security Fencing and Misc. Electrical $15,000.00
Subtotal-Component C: General Conditions/Misc.Items $76,000.00
Summary
Project Component A- Boat Lift Supply& Installation $ 112,800.00
Project Component B-Electric, Potable Water& Fire $29,500.00
Project Component C-General Conditions/Misc. Items $76,000.00
Total Estimated Cost $218,300.00
Contingency @ 10% $21,830.00
Total Estimated Cost $240,130.00
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WATERWAYS ASSISTANCE PROGRAM
FY 2024-2025
Attachment 3
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WATERWAYS ASSISTANCE PROGRAM
FY 2024-2025
Attachment 4
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FY 2024-2025
Attachment 5
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ATTACHMENT E-2
APPLICANT INFORMATION & PROJECT SUMMARY
WATERWAY ASSISTANCE PROGRAM FY 2024
APPLICANT INFORMATION
Applicant: City of Boynton Beach
Department: Fire & Rescue Department & Police Department
Project Title: Boynton Beach Boating Safety Program Phase II
Project Director: Hugh Bruder Title: Director Fire & Rescue
Project Liaison: Mirna Crompton Title:
(if different from Director) Grants Manager
Mailing Address: P.O Box 310
City: Boynton Beach, FL Zip Code: 33425
Email Address: cromptonm@bbfl.us Phone #: 561-742-6087
Project Address: 2010N. Federal Hwy, Boynton Beach, FL, 33435
*** I hereby certify that the information provided in this application is true and accurate. ***
SIGNATURE: DATE: ( 1 d Y
PROJECT NARRATIVE (Please summarize the pro -c in s ce provided below in 2 paragraphs or less.)
The project consists of installing a private dock and boat lifts for Boynton Beach Fire and Police
departments at Harvey Oyer Park to bolster its boating safety efforts. The City identified increased
risks on the City's Intracoastal Waterways and Inlet as well as the existing vulnerabilities to marine
firefighting and water rescue operations.
There is no dedicated fire rescue vessel in Palm Beach County, North of Boca Raton and the
location of the dock provides both Police and Fire Rescue with quick access to the State and
Federally-funded ICW and the Boynton Inlet which is one of the most dangerous inlets in the State.
Additionally, the lifts would protect the fire rescue and patrol boats from saltwater corrosion, keeping
the maintenance costs low and mitigate the risk of water damage caused by sea level rise.
Form No. 90-22, Rule 66B-2,(New 12/17/90, Rev.07-30-02, 04-24-06)
ATTACHMENT E-3
PROJECT INFORMATION
WATERWAY ASSISTANCE PROGRAM FY 2024
Applicant:City of Boynton Beach Project Title: Boynton Beach Boating Safety Program Phase II
Total Project Cost: $ 240,130 FIND Funding 120,065 %of Total Cost: 50
Requested: $
Amount of Applicant's Matching Funds: $120,065
Source of Applicant's Matching Funds: City budget
1. Ownership of Project Site (check one): Own:®Leased:OOther:O
2. If leased or other, please describe lease or terms and conditions:
N/A
3. Has the District previously provided assistance funding to this project or site? Yea No: El 0
4. If yes, please list:
The Florida Inland Navigation District provided assistance for the planning Phase I of the Boynton
Beach Safety Program.
5. What is the current level of public access in terms of the number of boat ramps, boat slips and
trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable):
The site is highly accessible to the public with 5 boat ramps, 6 docks not including the proposed project,
120 trailer parking spaces, and approximately 730 In. Ft. of boardwalk. The Police and Fire departments
will utilize the proposed dock and lifts for public safety.
6. How many additional ramps, slips, parking spaces or other access features will be added by this
project?
The project will be for private use by the Police and Fire departments and will not add any additional
access features.
7. Are fees charged for the use of this project? No® Yes O**
**If yes, please attach additional documentation of fees and how they compare with fees from
similar public & private facilities in the area.
Please list all Environmental Resource Permits required for this project:
AGENCY Yes / No / N/A Date Applied For Date Received
WMD N/A
DEP Yes 10.18.23 12.04.23
ACOE N/A
Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07)
ATTACHMENT E-7
RESOLUTION FOR ASSISTANCE 2024
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Boynton Beach is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of Boynton Beach
and the State of Florida:
Project Title Boynton Beach Safety Project- Phase II
Total Estimated Cost $ 240,130.00
Brief Description of Project:
The Boynton Beach Safety project consists on installing a private dock and
boat lifts at Harvey Oyer Park to bolster the safety and marine rescue efforts.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the City of Boynton Beach
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said City of Boynton Beach
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of$120,065 50%%of the
actual cost of the project in behalf of said City of Boynton Beach
(Name of Agency)
AND, be it further resolved by the City of Boynton Beach
(Name of Agency)
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(I)
Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92)
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Boynton Beach for public use.
(Name of Agency)
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964)and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post-audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10%of the
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the City Commission at a legal meeting 1/4_ (agency governing board)
held o 's 177- d. : ki1rt\ 20a .
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Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92)
G�7Y
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WATERWAYS ASSISTANCE PROGRAM
FY 2024-2025
Boynton Beach Boating Safety Program Phase II
Florida Department of Environmental Protection
Permit
° o
,PART FLORIDA DEPARTMENT OF Ron DeSantis
`aP Governor
Environmental Protection Jeanette Nunez
o Lt.Governor
oti °,`,` Southeast District Office Shawn Hamilton
MENTAL va 3301 Gun Club Road,MSC 7210-1 Secretary
West Palm Beach,FL 33406
561-681-6600
December 4,2023
City of Boynton Beach
c/o Anderson Slocombe
P.O. Box 310
Boynton Beach, FL 33487
Sent via e-mail: SlocombeA@bbfl.us
Re: File No.: 50-0156831-009-EE
File Name: Harvey Park Dock Project
Dear Anderson Slocombe:
On October 17,2023,we received your request for verification of exemption to install two(2)boat
lifts at an existing docking facility. The project is located in the Lake Worth Lagoon, Class III
Waters,adjacent to 2010 North Federal Highway,Boynton Beach(Section 15,Township 45 South,
Range 43 East),in Palm Beach County(Latitude N 26°32'46.9424",Longitude W 80°3'12.0405").
Your request has been reviewed to determine whether it qualifies for(1)regulatory exemption,
(2)proprietary authorization(related to state-owned submerged lands), and(3)federal approval
that may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However,this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for
the activity.
If you change the project from what you submitted,the authorization(s)granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter,please contact Michelle Miles at the letterhead
address or at Michelle.Miles@FloridaDEP.gov.
1. Regulatory Review—VERIFIED
Based on the information submitted,the Department has verified that the activity as proposed is
exempt,under Chapter 62-330.051 (5)(h),Florida Administrative Code, from the need to obtain
a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
www.florldadep.4o v
Project No.: 50-0156831-009-EE
Project Name:Harvey Park Dock Project
Page 2 of 7
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change,the project design is modified,or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial
modifications to the project design should be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Review-GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees,the Department has reviewed the activity
described above, and has determined that the activity qualifies for an automatic consent by rule
under Rule 18-21.005(1)(b)and Section 253.77 of the Florida Statutes to construct and use the
activity on the specified sovereign submerged lands,as long as the work performed is located
within the boundaries as described herein and is consistent with the terms and conditions herein.
No further application is required for this consent by rule.
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
Project No.:50-0156831-009-EE
Project Name:Harvey Park Dock Project
Page 3 of 7
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 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 Authorizations for Activities
All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs(a)through
(i) below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S.
(a)Authorizations are valid 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 shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of
the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b)Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c)Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46,F.S.,or Chapter 18-14, F.A.C.
(d)Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
(e)Construction, use, or operation of the structure or activity shall 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.
(0 Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected,the
structure or activity shall be modified in accordance with the court's decision.
(g)Structures or activities shall not create a navigational hazard.
Project No.:50-0156831-009-EE
Project Name:Harvey Park Dock Project
Page 4 of 7
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,
F.A.C.,within one year, of a structure damaged in a discrete event such as a storm, flood,
accident,or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes,or for non-water dependent activities authorized under Paragraph 18-
21.004(1)(f),F.A.C.,or any other applicable law.
3. Federal Review -APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit VI-R1,and a
SEPARATE permit or authorization will not be required from the U.S. Army Corps of
Engineers. Please note that the Federal authorization expires on July 27, 2026. However, your
authorization may remain in effect for up to 1 additional year, if provisions of Special Condition
15 of the SPGP VI-R1 permit instrument are met. You, as permittee, are required to adhere to all
General Conditions and Special Conditions that may apply to your project. Special conditions
required for your project are attached. A copy of the SPGP VI-R1 with all terms and conditions
and the General Conditions may be found online in the Jacksonville District Regulatory Division
Sourcebook(https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).
Authority for review-an agreement with the USACOE entitled"Coordination Agreement
Between the U. S.Army Corps of Engineers(Jacksonville District)and the Florida Department
of Environmental Protection(or Duly Authorized Designee), State Programmatic General
Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance,you may be subject to penalties under Chapter 373, F.S.,and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be
final and effective until a subsequent order of the Department. Because the administrative hearing
process is designed to formulate final agency action,the hearing process may result in a modification of the
agency action or even denial of the application.
Project No.:50-0156831-009-EE
Project Name:Harvey Park Dock Project
Page 5 of 7
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding(hearing)under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-
106.201 and 28-106.301, F.A.C.,a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number,and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative;the name,address, and telephone number of the petitioner's
representative, if any,which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none,the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed(received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,Florida 32399-
3000,or via electronic correspondence at Agency Clerk(a,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
Project No.:50-0156831-009-EE
Project Name:Harvey Park Dock Project
Page 6 of 7
do not publish notice of this action,this waiver will not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown,grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35,Tallahassee, Florida 32399-
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us,before the deadline for
filing a petition for an administrative hearing.A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a)or 373.4275,F.S.,may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1)or 373.4275,F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final,any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S.,by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station#35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000)and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
Project No.:50-0156831-009-EE
Project Name:Harvey Park Dock Project
Page 7 of 7
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
William Lange
Environmental Permitting Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP VI-RI
General Conditions for Federal Authorization for SPGP VI-R1
Project drawings, 8 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP—William Lange, Michelle Miles
Niel Wood, Sea Diversified, Inc., Nielwood@seadiversified.com
Additional mailings:
SPGP, nmfs.ser.statewideprogrammatic@noaa.gov ; spgp(a,usace.army.mil
Matt Mitchell, Palm Beach County,Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date,pursuant to Section 120.52, F. S.,with the designated Department Clerk,
receipt of which is hereby acknowledged.
12.04.2023
Clerk Date
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting.However,
if located in,on,or over state-owned submerged lands,they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21,F.A.C., as applicable.
(5)Dock, Pier, Boat Ramp and Other Boating-related Work—
(h) The installation of a pile-supported boat lift within an existing mooring area at a docking
facility that is legally in existence,provided:
1. Such installation does not conflict with a condition of a permit issued thereunder;
2. The boat lift does not include additional structures, such as platforms,cat walks, and roofs.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406,
373.4131, 373.4145, 373.415, 403.813(1)FS.History—New 10-1-13,Amended 6-1-18.
Special Conditions for Federal Authorizations for SPGP VI-R1
1. Authorization,design and construction must adhere to the terms of the SPGP VI
instrument including the General Conditions for All Projects, Special Conditions for All
Projects,Applicable activity-specific special conditions,Procedure and Work
Authorized sections.
2. Design and construction must adhere to the PDCs for In-Water Activities(Attachment
28, from PDCs AP.7 through AP11, inclusive,of JAXBO)(Reference: JAXBO PDC
AP.1.).
3. All activities must be performed during daylight hours(Reference: JAXBO PDC
AP.6.).
4. For all projects involving the installation of piles, sheet piles,concrete slab walls or
boatlift I-beams(Reference Categories A, B and C of JAXBO PDCs for In-Water Noise
from Pile and Sheet Pile Installation,page 86):
a. Construction methods limited to trench and fill, pilot hole (auger or drop punch),
jetting, vibratory, and impact hammer(however, impact hammer limited to installing no
more than 5 per day).
b. Material limited to wood piles with a 14-inch diameter or less, concrete piles with a
24-inch diameter/width or less,metal pipe piles with a 36-inch diameter or less,metal
boatlift I-beams,concrete slab walls,vinyl sheet piles,and metal sheet piles.
c. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized
(Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet
Pile Installation,page 86.).
d. Projects within the boundary of the NOAA Florida Keys National Marine
Sanctuary require prior approval from the Sanctuary(Reference: JAXBO PDCs
AP.14 and A1.6).
5. The Permittee shall comply with the"Standard Manatee Conditions for In-Water
Work—2011"(Attachment 29).
6. No structure or work shall adversely affect or disturb properties listed in the National
Register of Historic Places or those eligible for inclusion in the National Register. Prior to
the start of work,the Applicant/Permittee or other party on the Applicant's/Permittee's
behalf, shall conduct a search of known historical properties by contracting a professional
archaeologist,and contacting the Florida Master Site File at 850-245-6440 or
SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National
Register Information System (NRIS). Information can be found at
http://www.cr.nps.gov/nr/research.
a. If, during the initial ground disturbing activities and construction work,there are
archaeological/cultural materials unearthed(which shall include, but not be limited to:
pottery, modified shell, flora, fauna, human remains,ceramics, stone tools or metal
implements,dugout canoes or any other physical remains that could be associated with
Native American cultures or early colonial or American settlement),the Permittee shall
immediately stop all work in the vicinity and notify the Compliance and Review staff of
the State Historic Preservation Office at 850-245- 6333 and the Corps Regulatory
Archeologist at 904-232-3270 to assess the significance of the discovery and devise
appropriate actions, including salvage operations. Based on the circumstances of the
discovery, equity to all parties, and considerations of the public interest,the Corps may
modify, suspend,or revoke the permit in accordance with 33 C.F.R. § 325.7.
b. In the unlikely event that human remains are identified,the remains will be treated
in accordance with Section 872.05,Florida Statutes; all work in the vicinity shall
immediately cease and the local law authority, and the State Archaeologist(850-245-
6444)and the Corps Regulatory Archeologist at 904-232-3270 shall immediately be
notified. Such activity shall not resume unless specifically authorized by the State
Archaeologist and the Corps.
7. The Permittee is responsible for obtaining any"take"permits required under the U.S. Fish
and Wildlife Service's regulations governing compliance with these laws. The Permittee
should contact the appropriate local office of the U.S. Fish and Wildlife Service to
determine if such "take"permits are required for a particularactivity.
8. Mangroves. The design and construction of a Project must comply with the following
(Reference: JAXBO PDCs AP.3 and AP.12.):
a. All projects must be sited and designed to avoid or minimize impacts to
mangroves.
b. Mangrove removal must be conducted in a manner that avoids any unnecessary
removal and is limited to the following instances:
(1) Removal to install up to a 4-ft-wide walkway for a dock.
(2) Removal of mangroves above the mean high water line (MHWL)provided
that the tree does not have any prop roots that extend into the water below the MHWL.
(3) Mangrove trimming. Mangrove trimming refers to the removal (using hand
equipment such as chain saws and/or machetes)of lateral branches (i.e.,no alteration of
the trunk of the tree) in a manner thatensures survival of the tree.
(a) Projects with associated mangrove trimming waterward of the MHWL are
authorized if the trimming: (a)occurs within the area where the authorized structures are
placed or will be placed(i.e.,removal of branches that overhang a dock or lift),
(b) is necessary to provide temporary construction access, and (c) is conducted in a
manner that avoids any unnecessary trimming.
(b) Projects proposing to remove red mangrove prop roots waterward of the
MEWL are not authorized, except for removal to install the dock walkways as described
above.
9. For Projects authorized under this SPGP VI in navigable waters of the U.S.,the
Permittee understands and agrees that, if future operations by the United States require
the removal, relocation,or other alteration,of the structures or work herein authorized,
or if, in the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required,upon due notice from the Corps of
Engineers,to remove,relocate, or alter the structural work or obstructions caused
thereby,without expense to the United States.No claim shall be made against the United
States on account of any such removal or alteration.
10. Notifications to the Corps. For all authorizations under this SPGP VI, including Self-
Certifications,the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. Within 10 days from the date of initiating the work
authorized by this permit the Permittee shall submit a completed "Commencement
Notification"form(Attachment 8).
b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion
of the work authorized by this permit, the Permittee shall complete the"Self-Certification
Statement of Compliance" form (Attachment 9)and submit it to the Corps. In the event
that the completed work deviates in any manner from the authorized work, the Permittee
shall describe the deviations between the work authorized by this permit and the work as
constructed on the"Self-Certification Statement of Compliance"form. The description of
any deviations on the"Self-Certification Statement of Compliance"form does not
constitute approval of any deviations by the Corps.
c. Permit Transfer. When the structures or work authorized by this permit are still in
existence at the time the property is transferred,the terms and conditions of this permit
will continue to be binding on the new owner(s)of the property. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date the enclosed form (Attachment 10).
d. Reporting Address. The Permittee shall submit all reports, notifications,
documentation, and correspondence required by the general and special conditions of this
permit to the following address.
(1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Section, P.O. Box 4970,Jacksonville,FL,32232-0019.
(2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10
MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals.
11. The District Engineer reserves the right to require that any request for authorization
under this SPGP VI be evaluated as an Individual Permit. Conformance with the terms
and conditions of the SPGP VI does not automatically guarantee Federal authorization.
12. On a case-by-case basis,the Corps may impose additional Special Conditions which
are deemed necessary to minimize adverse environmental impacts.
13. Failure to comply with all conditions of the SPGP VI constitutes a violation of the
Federal authorization.
14. The SPGP VI will be valid through the expiration date unless suspended or revoked by
issuance of a public notice by the District Engineer. The Corps, in conjunction with the
Federal resource agencies,will conduct periodic reviews to ensure that continuation of the
permit during the period ending expiration date, is not contrary to the public interest. The
SPGP VI will not be extended beyond the expiration date but may be replaced by a new
SPGP. If revocation occurs,all future applications for activities covered by the SPGP VI
will be evaluated by the Corps.
15. If the SPGP VI expires, is revoked,or is terminated prior to completion of the
authorized work, authorization of activities which have commenced or are under
contract to commence in reliance upon the SPGP VI will remain in effect provided the
activity is completed within 12 months of the date the SPGP VI expired or was
revoked.
Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-
supported Structures.
16. Chickees must be less than 500 ft2 and support no more than 2 slips (Reference:
JAXBO PDC A2.1.6.).
17. The design and construction of a Project over marsh(emergent vegetation) must
comply with the following:
a. The piling-supported structure shall be aligned so as to have the smallest over-marsh
footprint as practicable.
b. The over-marsh portion of the piling-supported structure(decking) shall be
elevated to at least 4 feet above the marsh floor.
c. The width of the piling-supported is limited to a maximum of 4 feet.Any
exceptions to the width must be accompanied by an equal increase in height
requirement.
18. Mangroves. For pile-supported structures,the following additional requirements for
mangroves found in the joint U.S.Army Corps of Engineers'/National Marine Fisheries
Service's"Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV),Marsh or Mangrove
Habitat" U.S.Army Corps of Engineers/National Marine Fisheries Service updated
November 2017(Attachment 11) shall apply:
a. The width of the piling-supported structure is limited to a maximum of 4 feet.
b. Mangrove clearing is restricted to the width of the piling-supported structure.
c. The location and alignment of the piling-supported structure should be through the
narrowest area of the mangrove fringe.
19. Regarding SAV, the design and construction of a Project must comply with the
following:
a. A pile supported structure
(1) that is located on a natural waterbody(i.e. outside an artificial waterway that
was excavated for boating access and is bordered by residential properties); and
(2) that is within the range of seagrass(estuarine waters within all coastal
counties except for Nassau,Duval, St Johns,Flagler and Volusia north of Ponce Inlet),
but outside of the range of Johnson's seagrass(the range of Johnson's seagrass is
defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon
systems on the east coast of Florida)will be constructed to the following standards:
(a) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3,then SAV is presumed present and the
pile-supported structure must comply with,or provide a higher level of protection than,
the protective criteria in the joint U.S. Army Corps of Engineers'/National Marine
Fisheries Service's "Construction Guidelines in Florida for Minor Piling-Supported
Structures Constructed in or over Submerged Aquatic Vegetation(SAV), Marsh or
Mangrove Habitat"U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017(Attachment 11). For the purposes of SPGP,two uncovered
boatlifts are allowed.
(i) If the pile supported structure is currently serviceable,repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts and minor structures in Monroe County may be installed within
existing boat slips without completion of a SAV survey. Boatlift accessory structures, like
catwalks, shall adhere to "Construction Guidelines in Florida for Minor Piling-Supported
Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or
Mangrove Habitat"U.S. Army Corps of Engineers/National Marine Fisheries Service
updated November 2017 (Attachment 11) if a SAV survey has not been completed.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater,as
measured from the waterward face(wet face)of the seawall).
(b) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3,and SAV is present(including seagrass,
tidal freshwater SAV and emergent vegetation),then the pile-supported structure must
comply with, or provide a higher level of protection than,the protective criteria in the
joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's"Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Submerged Aquatic Vegetation(SAV), Marsh or Mangrove Habitat"U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017(Attachment 11).
For the purposes of this permit,two uncovered boatlifts are allowed.
(i) If the pile supported structure is currently serviceable, repair and replacement
may occur in the same footprint without completion of a benthic survey.
(ii) Boatlifts may be installed within existing boat slips without completion of a
SAV survey.
(iii) A marginal dock may be constructed a maximum of 5 feet overwater, as
measured from the waterward face(wet face)of the seawall).
(c) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section 1.3, and SAV is absent(including seagrass,
tidal freshwater SAV and emergent vegetation),then no design restrictions are required
and boatlifts may include a cover.
(d) A pile supported structure
(i) that is located on a natural waterbody (i.e. outside an artificial waterway that
was excavated for boating access and is bordered by residential properties); and
(ii) that is within the range of Johnson's seagrass (the range of Johnson's seagrass
is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems
on the east coast of Florida)but not within Johnson's seagrass critical habitat will be
constructed to the following standards:
(iii) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section 1.3,then seagrass is presumed present and the
pile-supported structure must comply with or provide a higher level of protection than,the
protective criteria in the joint U.S. Army Corps of Engineers'/National Marine Fisheries
Service's "Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat"U.S.Army Corps of Engineers/National Marine Fisheries Service updated
November 2017(Attachment 11)with the sole exception of the number of allowable boat
lifts. For the purposes of this permit,two uncovered boatlifts are allowed.
(e) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3,and SAV is present(including seagrass,
tidal freshwater SAV and emergent vegetation), THEN pile-supported structure must
comply with or provide a higher level of protection than,the protective criteria in the joint
U.S. Army Corps of Engineers'/National Marine Fisheries Service's"Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Submerged Aquatic Vegetation(SAV), Marsh or Mangrove Habitat"U.S. Army Corps of
Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11).
For the purposes of this permit,two uncovered boatlifts are allowed.
(f) If a survey is performed in accordance with the methods described in
the procedure section of this document, section 1.3, and SAV is absent(including
seagrass,tidal freshwater SAV and emergent vegetation), THEN no design
restrictions are required and boatlifts may include a cover.
(g) A pile supported structure located within Johnson's seagrass critical
habitat will be constructed to the following standards:
(i) If no survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3,then seagrass is presumed present and the
pile-supported structure must comply with or provide a higher level of protection than,the
protective criteria in the joint U.S.Army Corps of Engineers'/National Marine Fisheries
Service's"Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat"U.S. Army Corps of Engineers/National Marine Fisheries Service updated
November 2017(Attachment 11)with the sole exception of the number of allowable boat
lifts.For the purposes of this permit,two uncovered boatlifts are allowed.
(ii) If a survey is performed in accordance with the methods described in the
Procedure section of this document,section 1.3,and SAV is absent and the project is
1. A dock replacement in the same footprint,no design restrictions are required.
2. A new dock or dock expansion THEN pile-supported structure must comply
with or provide a higher level of protection than,the protective criteria in the
joint U.S.Army Corps of Engineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation(SAV), Marsh or
Mangrove Habitat"U.S. Army Corps of Engineers/National Marine Fisheries
Service updated November 2017(Attachment 11). For the purposes of this
permit,two uncovered boatlifts are allowed.
(iii) If a survey is performed in accordance with the methods described in the
Procedure section of this document, section I.3,and SAV is present(including
seagrass, tidal freshwater SAV and emergent vegetation),then pile-supported structure
must comply with or provide a higher level of protection than,the protective criteria in
the joint U.S. Army Corps of Engineers'/National Marine Fisheries Service's
"Construction Guidelines in Florida for Minor Piling-Supported Structures
Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove
Habitat"U.S.Army Corps of Engineers/National Marine Fisheries Service updated
November 2017(Attachment 11). For the purposes of this permit, two uncovered
boatlifts are allowed.
20. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 30)describes the presence of North Atlantic right whales in the area and
the Federal regulations governing the approach to North Atlantic right whales. The
FDEP or Designee will attach the North Atlantic Right Whale Information Form to their
authorizations for any dock project(new construction, repair, or replacement)at a
private residence located within 11 nautical miles of an inlet that leads to areas within
the known range of North Atlantic right whale. These zones, with an 11 nm radius, are
described by the North Atlantic Right Whale Educational Sign Zones,Attachment 7
(from Section 2.1.1.4 of JAXBO,pages 31 and 32, inclusive). (Reference JAXBO PDC
A2.4).
21. Educational Signs. For commercial,multi-family, or public facilities,and marine events,
signs must be posted as described below(Reference: These replicate JAXBO PDCs A.2.2
and A.2.2.1 to A.2.2.3., inclusive,within the table PDCs Specific to Activity 2 -Pile
Supported Structures and Anchored Buoys, starting on page 112.):
a. For commercial,multi-family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to
vessel strikes and hook-and-line captures. The most current version of the signs that must
be downloaded and sign installation guidance are available at:
(https://www.fisheries.noaa.gov/southeast/consultations/protected-species-educational-
signs). The signs required to be posted by area are stated below:
https://www.fisheries.noaa.gov/southeast/consultations/protected-species-educational-
signs
(1) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin
sign. These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) Projects within the North Atlantic right whale educational sign zone shall
post the Help Protect North Atlantic Right Whales sign.
(3) On the east coast of Florida,projects located within the St. Johns River and
those occurring north of the St.Johns River to the Florida-Georgia line shall post the
Report Sturgeon sign.On the west coast of Florida,projects occurring from the Cedar
Key,Florida north to the Florida-Alabama line.
22. Monofilament Recycling Bins. For commercial,multi-family, or public facilities,
monofilament recycling bins must be provided as described below(Reference: The
below replicates PDC A.2.3 within the table PDCs Specific to Activity 2—Pile
Supported Structures and Anchored Buoys,the PDC itself on page 113 of the JAXBO.):
a. For commercial,multi-family,or public facilities, monofilament recycling bins must
be provided at the docking facility to reduce the risk of turtle or sawfish entanglement
in, or ingestion of, marine debris.Monofilament recycling bins must:
(1) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
(2) Be maintained in working order and emptied frequently(according to
http://mrrp.myfwc.com standards)so that they do not overflow.
23. Lighting for docks installed within visible distance of ocean beaches. If lighting is
necessary,then turtle-friendly lighting shall be installed. Turtle-friendly lighting is
explained and examples are provided on the Florida Fish and Wildlife Conservation
Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/
(Reference: JAXBO PDC A2.8.).
24. Construction Location. Project construction shall take place from uplands or from
floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference:
JAXBO PDC A2.9.).
25. Aids to Navigation(ATONs). ATONs must be approved by and installed in accordance
with the requirements of the U.S. Coast Guard(i.e., 33 C.F.R., chapter I, subchapter C,
part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements)
(Reference: JAXBO PDC A2.5.).
26. Aids to Navigation(ATONs) in Acropora critical habitat. The distance from ATONs to
ESA-listed corals and Acropora critical habitat(Attachment 20) shall ensure there are no
impacts to the corals or the essential feature of Acropora critical habitat from the
movement of buoys and tackle. The appropriate distance shall be based on the size of the
anchor chain or other tackle to be installed to secure the buoy to its anchor,particularly
when the design of the ATON does not prohibit the contact of tackle with the marine
bottom. In all cases, buoy tackle will include flotation to ensure there is no contact
between the anchor chain or line and the marine bottom (Reference: JAXBO PDC
A2.10.).
27. Within Loggerhead sea turtle critical habitat(Reference: JAXBO PDC A2.15.):
(1) ATONs (pile-supported and anchored buoys) are allowed in nearshore
reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA
DPS) of loggerhead sea turtle critical habitat.
(2) No other pile-supported structures are allowed in nearshore reproductive
habitat.
General Conditions for All Projects:
1. The time limit for completing the work authorized ends on July 27.2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good
faith transfer,you must obtain a modification of this permit from this office,which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit,you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit,you must obtain the signature of the
new owner on the enclosed form(Attachment 10)and forward a copy of the permit to
this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished in accordance
with the terms and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State,or local
authorizations required by law.
b. This permit does not grant any property rightsor exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
2. Limits of Federal Liability. In issuing this permit,the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by oron behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permittedwork.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit
at any time the circumstances warrant. Circumstances that could require a reevaluation
include,but are not limited to,the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate(see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification,and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive,this office
may in certain situations(such as those specified in 33 CER 209.170)accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred,the terms and conditions of this permit will continue to be binding
on the new owner(s)of the property. To validate the transfer of this permit and the
associated liabilities associated with compliance with its terms and conditions,have the
transferee sign and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration,of the structures or work herein
authorized,or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters,the Permittee will be required, upon due notice
from the U.S. Army Corps of Engineers,to remove, relocate,or alter the structural
work or obstructions caused thereby, without expense to the United States.No claim
shall be made against the United States on account of any such removal, relocation or
alteration.
Department of the Army Permit Transfer for SPGP VI-RI
PERMITEE:
PERMIT NUMBER: DATE:
ADDRESS/LOCATION OF PROJECT:
(Subdivision) (Lot) (Block)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s)of the property. Although the construction period for works authorized by
Department of the Army permits is finite, the permit itself,with its limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated with
compliance with its terms and conditions, have the transferee sign and date below and mail to the
U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970,Jacksonville,FL
32232-0019.
(Transferee Signature) (Date)
(Name Printed)
(Street address)
(Mailing address)
(City, State,Zip Code)
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a. All personnel associated with the project shall be instructed about the presence of manatees
and manatee speed zones,and the need to avoid collisions with and injury to manatees.The
permittee shall advise all construction personnel that there are civil and criminal penalties
for harming,harassing,or killing manatees which are protected under the Marine Mammal
Protection Act,the Endangered Species Act,and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake"
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on-site project personnel are responsible for observing water-related activities for the
presence of manatee(s). All in-water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville(1-904-731-3336)for north Florida or Vero Beach(1-772-
562-3909)for south Florida, and to FWC at ImperiledSpecies@myFWC.com
f. Temporary signs concerning manatees shall be posted prior to and during all in-water
project activities. All signs are to be removed by the permittee upon completion of the
project. Temporary signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission(FWC)must be used(see MyFWC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by 11" explaining the requirements for"Idle Speed/No Wake"and the shut down of
in-water operations must be posted in a location prominently visible to all personnel
engaged in water-related activities. Questions concerning these signs can be sent to the
email address listed above.
CAUTION : MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee .
. "'' Wildlife Alert:
Jx
4000
1-888-404-FWCC (3922)
cell *FWC or #FWC
UNITED STATES DEPARTMENT OF
COMMERCE
44,0*.� National Oceanic and Atmospheric Administration
Nrik
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NATIONAL MARINE FISHERIES SERVICE
TTS „ Southeast Regional Office
a 263 13th Avenue South
+�resefP`' St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential
presence of these species and the need to avoid collisions with sea turtles and smalltooth
sawfish. All construction personnel are responsible for observing water-related activities
for the presence of these species.
b. The permittee shall advise all construction personnel that there are civil and criminal
penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are
protected under the Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish
cannot become entangled, be properly secured, and be regularly monitored to avoid
protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the National Marine
Fisheries Service's Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at"no wake/idle" speeds
at all times while in the construction area and while in water depths where the draft of the
vessel provides less than a four-foot clearance from the bottom. All vessels will
preferentially follow deep-water routes (e.g.,marked channels)whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of
operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish.
Operation of any mechanical construction equipment shall cease immediately if a sea turtle
or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not
resume until the protected species has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division
(727-824-5312)and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions,required of your specific project,outside these general
conditions, if applicable, will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the
construction of a project, shall be reported immediately to NMFS's Protected Resources
Division(PRD)at(727-824-5312).
i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to
takereport.nmfsser@a,noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by
region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfi sh/sawfishencounters.html.
1. All work must occur during daylight hours.
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CEASurveying&Engineering Applications
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SHEET INDEX
Date: 10-05-2023 Sheet:
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2010 N.FEDERAL HWY BOYNTON BEACH Checked by: W.T.S.
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SECTION 15,TOWNSHIP 455,RANGE 43E Scale: N.T.S. P.N.22-3013
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CONTOURS DEPICTED IN FEET MEAN LOW WATER(MLW1.BATHYMETRIC SURVEY
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FOR PERMITTING PURPOSES ONLY
PLANS NOT TO BE USED FOR CONSTRUCTION
CITY OF BOYNTON BEACH Revisions: —• SEA DIVERSIFIED, INC.
HARVEY E. OYER JR. PARK
BOAT LIFT INSTALLATION - [11 Surveying&Engineering Applications
(SEA 160 Congress Park Drive,#114
Delray Beach,Florida 33445
BATHYMETRY -
Date: 10-05-2023 Sheet:
Drawn by: B.N.W. B-7
2010 N.FEDERAL HWY BOYNTON BEACH Checked by: W.T.S.
PALM BEACH COUNTY FLORIDA SHEET NO: 04
SECTION 15,TOWNSHIP 4�5,RANGE 43E Scale: 1" 40' P.N.223013
OYER SHO4.B-1 BATHYMETRY.10.05.23 dgn 10/17/2023 11.56 17 AM SEA DIVERSIFIED INC
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TOPOGRAPHIC SURVEY CONDUCTED BY SEA DIVERSIFIED INC.,DATE OF SURVEY MARCH 2023.
STRUCTURES LOCATED AT TIME OF SURVEY ARE SHOWN HEREON,ELEVATIONS RELATIVE TO NAVD 88.
FOR PERMITTING PURPOSES ONLY
PLANS NOT TO BE USED FOR CONSTRUCTION
CITY OF BOYNTON BEACH Revisions: SEA DIVERSIFIED, INC.
HARVEY E. OYER JR. PARK BOAT LIFT INSTALLATION
cS Esurveying&Engineering Applications
/l
PROPOSED 160 Congress Park Drive,4114
Defray Beach,Florida 33445
BOAT LIFTS
EXISTING PIER Date: 10-05-2023 Sheet:
Drawn by: B.N.W. P-1
2010 N.FEDERAL HWY BOYNTON BEACH Checked by: W.T.S.
PALM BEACH COUNTY FLORIDA SHEET NO: 06
SECTION 15,TOWNSHIP 45rS,RANGE 43E Scale: 1" 40' P.N.22-3013
OYER SHO6 P-1 PROPOSED.10.05 23 dgn 10/17/2023 1159 36 AM SEA DIVERSIFIED INC
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CONCRETE PILE(TYP. CONCRETE PILE(TYP.)
TOTAL EIGHT(8) TOTAL EIGHT(8)
EXISTING GRADE(-)5.0'TO(-)7.0'MLW+1-,SEE B-1 FOR DETAIL
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MHW AND MLW FROM NOAA TIDAL BENCHMARK FOR PERMITTING PURPOSES ONLY
TIDE STATION 872-2706: BOYNTON BEACH FLORIDA PLANS NOT TO BE USED FOR CONSTRUCTION
CITY OF BOYNTON BEACH Revisions: I -- SEA DIVERSIFIED, INC.
HARVEY E. OYER JR. PARK
BOAT LIFT INSTALLATION Surveying&Engineering Applications
SEA160 Congress Park Drive,#114
BOAT LIFT Delray Beach,Florida 33445
SECTION DETAIL -Date: 10-05-2023 Sheet:
Drawn by: B.N.W.
2010 N.FEDERAL HWY BOYNTON BEACH Checked by: W.T.S. S-1
PALM BEACH COUNTY FLORIDA 07
SHEET NO:
SECTION 15,TOWNSHIP 45S,RANGE 43E - - Scale: 1"=2' P.N.
OYER SHO7 S-1 PROPOSED 10 05 23 dgn 10/17/2023 12 06:05 PM SEA DIVERSIFIED INC
BOAT LIFT INSTALLATION - Harvey E. Oyer Jr. Park
October 5, 2023
Installation of boat lifts for both the City police boat and fire rescue boat first responders use:
The purpose of the installation of boat lifts for first responder utilization is for the safe keeping
and storage out of the water for these vessels, boat lifts are to be installed about an exsitng pier
within existing available slip spaces easily accessible and within close proximity to the nearest inlet.
Turbidity screens will be installed around the periphery of barge-based operations during the installation
of the concrete piles required for the boat lifts. A total of eight(8) 14-inch square concrete piles are
planned for the two (2) boat lifts, either lift requires four(4) piles for the cradle lift.
Piles will be driven by mechanical pile hammer suspended from a crane mounted on a barge. Draft of
barge and push-boat not to exceed three (3)feet. Installation by gravity drop force or compression
diesel /air hammer, with minimal jetting of the piles anticipated to set pile. Piles are to be driven in an
area free of substantial marine resources and little to no adverse impact is expected from this activity.
Best management practices shall be used at all times during dredging activities. A minimum of
one manatee spotter equipped with polarized sunglasses shall be present at all times during
in-water constrcution activity.
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FOR PERMITTING PURPOSES ONLY
PLANS NOT TO BE USED FOR CONSTRUCTION
CITY OF BOYNTON BEACH Revisions: SEA DIVERSIFIED, INC.
HARVEY E. OYER JR. PARK
BOAT LIFT INSTALLATION (\� F A surveying a engineering Applications
S_L . 160 Congress Park Drive,#114
CONSTRUCTION Delray Beach,Florida 33445
METHODS - Date: 10-05-2023 Sheet:
Drawn by: B.N.W.
2010 N.FEDERAL HWY BOYNTON BEACH ' Checked by: W.T.S. M-1
PALM BEACH COUNTY FLORIDA 6HEET No:oe
SECTION 15,TOWNSHIP 4515, RANGE 43E Scale: N/A P.N.22-3013
OYER SH-8 M-1 Methods 10.05.23 dgn 10/17/2023 12:22:54 PM SEA DIVERSIFIED INC