R94-028RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A SOVEREIGN
SUBMERGED LANDS EASEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, as a part of the Boat Club Park Channel Dredging
Project, it was necessary for the City to request an easement from
the Florida Department of Environmental Protection through the
Bureau of Submerged Lands and Preserves; and
WHEREAS, said easement has been granted by the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida for a period of thirty (30) years from June 25, 1993, for
the purpose of a public access channel in conjunction with an
existing public boat ramp, courtesy docks and access piers;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission hereby authorizes and
directs the Mayor and City Clerk to execute a Sovereign Submerged
Lands Easement between the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida and the City of
Boynton Beach, a copy of which is attached hereto as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this /~ day of February, 1994.
ATTE ST:
Ci~b~ Clerk
CITY OF
Mayo~
Contmissi f
BEACH,
FLORIDA
Auth. Sig
Dredging. Rec
10/09/94
This Instrument Prepared By:
Ruby D. Clary
Bureau of Submerged Lands and Preserves
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTEB/qAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
Easement No. 28956
BOT FILE NO. 501972546
SOVEREIGN SUBMERGED LANDS EASEMENT
THIS EASEMENT is hereby granted by the Board of Trustees of the
Internal Improvemen~ Trus~ Fund of the State of Florida, hereinafter referred
to as the Grantor.
WITNESSETH: That for the faithful and timely performance of and
compliance with the terms and conditions stated herein, the Grantor does
hereby grant to The city of Boynton Beach , hereinafter referred to as the
Grantee, a nonexclusive easement on, under and across the sovereign lands
described as follows:
A parcel of sovereign submerged land in Section 15 , Township
45 South , Range 43 East , in Lake Worth , Palm Beach County,
as ~-~ ~re particu~r~ ~escribe~ ~d s---~n on-~ac--~t A ,
dated January 18, 1993
TO HAVE THE USE OF the hereinabove described premises for a period
of 30 years from June 25, 1993 , the effective date of this easement. The
terms and conditions of and for which this easement is granted are as follows:
1. The above described parcel of land shall be used solely for a ~ublic
access channel in con~unction with an existing ~ublic boat ram~, courtesy docks
and access ~iers and Grantee shall not engage in any activity except as described
in the Florida Department of Environmental Regulation Permit No. 501972546
dated September 23, 1992 , and modified October 23, 1992, attached hereto as
Attachment B , and made a part hereof.
2. The rights hereby granted shall be subject to any and all prior rights
of the United States and any and all prior grants by the Grantor in and ~o the
submerged lands situated within the limits of this easement.
3. Grantee shall not damage the easement lands or unduly interfere with
public or private rights therein.
4. This easemen~ is nonexclusive, and the Grantor, or its duly authorized
agent, shall retain the right to enter the property or 5o engage in management
activities not inconsistent with the use herein provided for and shall retain the
right to grant compatible uses of the property ~o third parties during the term
of this easement.
5. Grantor, or its duly authorized agent, shall have the right at any time
to ~nspec~ the works and operations of the Grantee in any matter pertaining to
this easement.
6. The Grantee shall investigate slt claims of every nature at its
expense. Each party Ks responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. Nothing herein shall be construed as an indemnity
or a waiver of sovereign immunity enjoyed by any party hereto, as provided in
Section 768.28, Florida Statutes, as amended from time ~o time, or any other law
providing limitations on claims.
[66]
7. Grantee waives venue as to any litigation arising from matters relating
to this easement and any such litigation between Grantor and Grantee shall be
initiated and maintained only in Leon County, Florida.
8. This easement shall not be assigned or otherwise transferred without
prior written consent of the Grantor or its duly authorized agent. Any
assignment or other transfer without prior written consent of the Grantor shall
be null snd void and without legal effect.
9. The Grantee, by acceptance of this easement, binds itself,its
successors and assigns, to abide by the provisions and conditions herein set
forth, and said provisions and conditions shall be deemed covenants of the
Grantee, its successors and assigns. In the event the Grantee fails or refuses
to comply with the provisions and conditions herein set forth or in the event the
Grantee violates any of the provisions and conditions herein, this easement may
be terminated by the Grantor upon 30 days written notice to Grantee. If
terminated, all of the above-described parcel of land shall rever~ to the
Grantor. All costs, including attorneys' fees, incurred by the Grantor to
enforce the provisions of this easemen~ shall be paid by the Grantee. All
notices required to be given to Grantee by this easement or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following
address:
The City of Boynton 8each
100 E. Boynton Beach Boulevard
Post Office Box 310
8oynton Beach, Florida 33425-0310
The Grantee agrees ~o notify the Grantor by certified mail of any
changes to this address at least ten (10) days before the change is effective.
10. The Grantee shall assume all responsibility for liabilities that accrue
to the subject property or to the ~mprovements thereon, including any and all
drainage or special assessments or taxes of every kind and description which are
now or may be hereafter lawfully assessed and levied against the subject property
during the effective period of this easement which result from the gran~ of this
easement or the activities of Grantee hereunder.
11. Renewal of this easement is a~ the sole option of the Grantor. Such
renewal shall be subject to the ~erms, conditions and provisions of current
managemen~ standards and applicable laws, rules and regulations in effect st that
time. In the event that Grantee is in full compliance with the terms of this
easement, the Grantee shall be allowed a 30-day grace period after expiration of
this easement to apply in writing for a renewal. If the Grantee fails to apply
for ~ renewal within the grace period, or in the event the Grantor does not grant
a renewal, the Grantee shall vacate the premises and remove all structures and
equipment occupying snd erected thereon at its expense.
12. If the Grantee does not remove said structures and equipment occupying
and erected upon the premises after expiration or cancellation of this easement,
such structures and equipment will be deemed forfeited ~o the Grantor, and the
Grantor may authorize removal and may sell such forfeited structures and
equipment after ten (10) days written notice by certified mail addressed to the
Grantee at the address specified in Item 10 or at such address on record as
provided to the Grantor by the Grantee. However, such remedy shall be in
addition to all other remedies available to Grantor under applicable laws, rules
and regulations including the right to compel removal of all structures and the
right to impose administrative fines.
13. No failure, or successive failures, on the part of the Grantor to
enforce any provision, nor any waiver or successive waivers on its part of any
provision herein, shall operate as a discharge thereof or render the same
inoperative or impair the right of the Grantor to enforce the same upon any
renewal thereof or in the event of subsequent breach or breaches.
14. The Grantee, at its own expense, shall record this easement and any
subsequent approved renewal and/or modified easements in the official records of
the county within which the easement site is located within fourteen (14) days
after receipt of a fully executed copy of this easement, and shall provide the
Grantor with a copy of the recorded easement indicating the book and page at
which the easement is recorded.
15. This easement is the entire and only agreement between the parties.
Its provisions are not severable. Any amendmen~ or modification to this easement
must be in writing and must be accepted, acknowledged and executed by the Grantee
and Grantor.
Page 2 of 25 Pages
Easemen~ No. 28956
WITNESSES:
Original Signa=ure
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
Typed/Printed Name of Witness
Original Signature
Typed/Printed Name of Witness
BY
Carolyn Thompson, Senior
Management Analyst II, Bureau of
Submerge~ Lands and Preserves,
Division of State Lands, Agent
for the Board of Trustees of the
Internal I~qprovement Trus~ Fund
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day
of , 19 , by Carolyn Thompson, Senior Management Analyst
II, who is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
DEP Attorney
WITNESSES:
Original Signa~r~ -
Typed/~rin~d Name of-Wi~ess
Typed/Printed Name of Witness
STATE OF ~/~
COUNTY OF dF_/// ~A/
The City of Boyn~on Beach ISEAL)
Original Signature of Exec~ng Authority
Edward HarmeninK
Typed/Printed Name of Executing Authority
Mayor
Title of Executing Authority
"GRANTEE"
APR £O FORM:
CITY A%*'[ORNk'Y
The foregoing instrumen~ was acknowledged before me this
who zs personally known to
day of
My Commission Expires:
??;.,?~.~. ,~-~.,. SU~N~ H. KRUSE
Commzssion/Serial No.
Notar~ Public, State of
Printed, Typed or Stamped Name
Page 4 of 25 Pages
Easemen= No. 28956
Easement No.
= SCALE: !' 800'
5 of 25 Pages C~ANN~L
~ ~ ~ZZ~ =~' ~C ,~CZ
Z~Z~O~Z~Z~oO~O--
Z ~0~0 ~--~Z ~0 :~ Z
--m o~ '~om~--> mm~m
~Z O~O~Z~Z--Z' 0
~-- =~ Z~ ~
~ ~ ~Z'
~0~~ ~Z~--~OZ~O~O
= ~00~
~'Z ~ 0~0~
~ ~==~ ~0 Z
Attachment A
Page 6 of 25 Pages
Easement No. 28956
0 CT 2 3 I9S2
Florida Department of Environmental Regulation
Southeast District · 1900 S. Congress ^v~, Suite A · West D~lm Be~¢h Florida 33406
La~vton Chiles. Governor Telephone: 407/433-2650 Carol ~. Browner. s¢¢retar~
Fax: 407/433-266{
City of Boynson Beach
c/o John Shaffer
Gee & Jenson
One Harvard Circle
West Palm Beach, FL 33409-1923
RE:
DER Permit No. 501972546
City of Boyn~on Beach
Dear Mr. Shaffer:
The staff has reviewed your request of October 6, 1992, for a
modification of the referenced permit. This modification requests
that the mitigation area be constructed after dredging is completed.
Specific Conditions 5(a), (b) and (c) shall be completed within 12D
days of completing the dredging project. The last sentence of 5(c)
shall be reworded to delete the words "and shall be received by the
Department prior to dredging."
The proposed modification is not e~pected to result in any
additional or significant water quality/biological resource
degradation. By copy of this letter and the attached drawings,
are nouifying all necessary parties of the modifications.
we
This letter of approval does not alter the expiration date, Specific
or General Conditions, or monitoring requirements of the permit.
This letter and accompanying drawings must be attached to the
original permit.
A person whose substantial interests ars affected by this order may
petition for an administrative proceeding (hearing) in accordance
with Section 120.57, Florida Statutes. The petition must contain
the information set forth below and must be filed (received) in the
Office of General Counsel of the Department at 2600 Blair Stone
Road, Tallahassee, Florida 32399-2400, within 14 days of this
order. Petitioner shall mail a copy of the petition to the
applicant at the address indirated above at the time of filing.
Failure to file a petition w~thin this time period shall constitute
a waiver of any right such person may have uo request an
administrative determination (hearing) under Section 120.57~ Florida
Statutes.
Attachment B
Page 7 of 25 ~ages
Easement No. 28956
City of Boyn~on Beach
c/o John Shaffer
Gee & Jenson
File No. 501972546
Page 2
The Petition shall contain the following information;
(a) The name, address, and telephone number of each petitioner, the
applicant's name and address, the Department Permit File Number and
the county in which the project is proposed;
(b) A statement of how and when each petitioner received notice of
the Department's action or proposed action;
(c) A statement of how each petitioner's substantial interests are
affected by the Department's action or proposed action;
(d) A statement of the material facts disputed by petitioner, if
any;
(e) A statement of facts which petitioner contends warranu reversal
or modification of the Department's action or proposed action;
(f) A statement of which rules or statutes petitioner contends
require reversal or modification of the Department's action or
proposed action; and
(g) A statement of the relief sought by petitioner, stating
precisely the action petitioner wants the Department to take with
regard to the Department's action or proposed action.
If a petition is filed, the administrative hearing process is
designed to formulate agency action. Accordingly, the Department's
final action may be different from the position taken by it in this
Notice. Persons whose substantial interests will be affected by
any decision of the Department with regard to the application have
the right to petition to become a party to the proceeding. The
petitlon must conform to the requirements specified above and be
filed (received) within 14 days of publication of this notice in
the Office of General Counsel at the above address of the
Department. Failure to petition within the allowed time frame
constitutes a waiver of any right such person has to request a
hearing under Section 120.57, F.S., and to participate as a party
to this approval of the presiding officer upon motion filed
pursuant to Rule 28-5.207, F.A.C.
This Order is final and effective on the date filed with the Clerk
of the Department unless a petition is filed in accordance with the
above paragraphs or unless a request for extension of time mn which
to file a petition is filed within the time specified or filing a
petition or a request for an extension of time with order will not
be effective until further order of the Department.
Attachment B
Page 8 of 25 Pages
Easement No. 28956
City of Boynton Beach
c/o John Shaffer
Gee & Jenson
File No. 501972546
Page 3
When the Order if final, any party to the Order has the right to
seek judicial review of the Ordel pursuant to Section 120.68,
Florida Statutes, by the filing of a Notice of Appeal pursuan~ to
Rule 9.110, Florida Rules of Appellate procedure, with the Clerk of
the Deparment in the Office of General Counsel, 2600 Blair Stone
Road, Taltahassee, Florida 32399-2400; 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 of Appeal must be
filed within 30 days from the date the Final Order is filed with
the Clerk of the Department.
If you require any additional assistance, please contact Caroline
Hanes of this office, at 407/433-2650.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONI~ENTAL REGULATION
Mary E~~. ~lli~s
DirectOr of District Management
1900 South Congress Ave., Suite A
West Palm Beach, Florida 33406
Telephone (407) 433-2650
MESW/ch/6
cc:
U.S. Army Corps of Engineers
PBCERM
DNR
Property Appraiser
WPB Files
Attachment B
Page 9 of 25 Pages
Easememt No. 28956
Florida Department' of Environmental
Southeast District ® 1900 S: Congress AV~, Suite A · West Palm Beac~
Telephone: 407/433-2650
Fa.~: 407/433-2666
PERMITTEE:
City of Boynton Beach
c/o Job3~ Shaffer
Gee & Jenson
P.O. Box 24600
West Palm Beach, FL
33416-4600
I.D. NUMBER: 5050M05200
PERMIT CERTIFICATION NUMBER: 501972546
D*TE OP ,SS=, 7
EXRIRATION DATE: ,
COUNTY: PALM BEACH
LATITUDE/LONGITUDE 26o32,30,,N//80o3,13,,W
SECTION/TOWNSHIP/RANGE t5/45S/43E
PROJECT: Dredge charn~el
This permit is issued under the provisions of Chapter 403, Florida Statutes,
Public Law 92-500 and Title 17, Florida AdminiStrative Code Rules. The above
named permittee is hereby authorized to perform the work or operate the
facility show/1 on the application and approved drawing(s), plans, and other
documents attached hereto or on file with Department and made aparu hereof and
specifically described as follows:
TO: Hydraulically excavate 3200 cubic yards of sand and silt to construct a
navigation channel with overall dimensions of 940'long x 30'wide (bottom
dimension). The wacerwardmost 500 linear feet will be dredged =o -6' Mean Low
Water (MLW), the next'landward 130 linear feet will be dredged co -3'MLW, and
no dredging will occur in the landwardmost 310 linear feet of the charmel.
Mitigation to offset unavoidable impacts'to 0.1 acre of seagrasses includes
creation of an 0.3 acre tidal wetland, planted with 0.1 acre of smooth
cordgrass Spartina alterniftora.
IN ACCORDANCE WITH The DER Application Form 17-1.203(1) receive~d on May 21,
1991, additional information received on October 28, 1991, March 4, April 20,
and June 18, 1992, the six(6) attached stamped drawings, and supporting
documentation regarding a Conservation Easemenu.
LOCATED: Boynton Beach Boau Club Park, ac the ease end of ArE 20th Avenue,
Bop-trot Beach, Palm Beach County, between the western shoreline of Lake Worth,
Class III waters, and the Atlantic Intraooastal Waterway. The mitigation site
is on a city-owned lot north of the parcel north of the park.-
SUBJECT TO: General Conditions 1-15 and Specific Conditions 1-21.
Page 1 of 10
Attachment B
Page 10 of 25 Pages
Easement No. 28956
"~ermit, are permit conditions and are binding and enforceable pursuant to Sections
~.~403.14t, 403.727, or 403.S5~.through 403.861, F.S. The permittee is placed on notice
-~that the Department will re~iew this permit periodically and may initiate enforcement
.' action for any violation of these conditions.
2. This permit is valid onl~ for the specific ~rocesses and operations applied for al
indicated in the approved drawzngs or exhibits. ~ny unauthorized deviation from the
approved drawings,.exhibits, specifications, or conditions of this permit may constituu
grounds ~for revocation and enforcement action by-the Department.
3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuanc~ of this
permit does not convey any vested rights or any exclusive privileges~ Neither does it
authorize any znjury to public or private property or any invasion of personal rights
nor any infringement of federal, s~ate, or local laws or re ulations. ' 't ' '
a waiver of or approval of any other Department permit thatgmay be requ~ ~grrm~th~~ n~
aspects of the total project which are not ~diressed in this permit.
recognition or acknowledgement of title, and does not constituze authorit for the use
submerged lands unless herein provided and the necessary title or leaseho~
have d interests
been obtained from Zhe State. 0nly the Trustees of the Internal Improvement Trust
Fund may express State opinion as co title. -
5. Tkis.permit does not relieve the permittee from liability for harm or injury
.human health or welfare, animal, o~ plant life, or property caused by the construction c
operation of this permitted sourca~ or from penalties therefore; nor does it allow the
permztuee no cause pollution in contravention of Florida Statutes and Department rules
unless specifically authorized by an order from the Department. '
6. Th~ oermittae shall proDerly operate and ma' '
preatmen~ ~nd eon ~ , . lntaln the.facllit~ and systems of
~ ...... t_ol (ana.rela=e~ appurtenances) that are lnstaltea and used by the
~=e ~o achieve compliance w~th the conditio ~
~epartment rules. This ~,~ ~_~..=__ _- ns ~r this permit, are required by
facilities o~ similar .... ~i2~_=ju=uu=~ un~ opera=ion of oackuD or
7. The oermittea ~ -~ .... - ,- ....
Depar=ment'oerson_net -~J~.~5~s PeEmz~,.speg~zcally agrees co allow authorized
(a) Have access to and copy any records that must be kept under conditions of the
permit;
(b) Inspect the facility, equipment, practices, or ooerations regulated or recuire
under this permit; and -
(c) Sample or monitor any substances or parameters at any location reasonably
Reasonable time may depend on the nature of the concern being investigated.
S. if~ for any reason, the permitzee does not comply with will be unable to comply
· ~ith~~n~ condition or !imitation specified i~ ~ ~L~,
(a) A description of and cause of noncompliance; and
- -<b) Th.e period of noncompliance incl~ing dates and u~m~'
re¥ocatiom of this permit.
Page 2 of /0
.DER Perm 17-1.201(5)
Zffec~iv~ November 30~ 1982'
Attachment B
Page 11 of 25 Pages
Easement No. 28956
:ep~ing this pernit,'the permi=tee understands and-a§rees ~hatall re~ords,~<''
data and other information rela~ing to the construction or operation'
ted source which are submitted to the Department may be used by the Departme
in any enforcement case involvir~g the permitted source arising u~der the~-
Statutes or Department rules, except where such use is prescribed by Section
';:ill'and 403.73, F.S. Such evidence shall-only be used to the e~tent it is-consists
.~.x 't~tHe'Florida Rules of Civil Procedure and appropriate evidentiary rules.
"~10;:"'The permittee agrees to comply with changes in Department rules and Florida
~;'Statutes after a reasonable time for compliance;-provided, however~ the permittea does
~':;~ot waive any other rights granted by Florida Statutes or Department rules.
['11. This permit is transferable only upon Department approval in accordance with Rule
17--&.120 and 17-30.300, F.A.C., as 9pplicab!e. The perm~ttae shall be liable for any
non-compliance of the permitted actlvmty %kntil the transfer is approved by the Departme
!2. This permit or a copy thereof shall be kept at the ~ork site of the permitted
activity.
13. This permit also .constitutes:
( ) Determination of Best Available Control Technology (BACT)
( ) Determination of Prevention of Signifioant Deterioration (PSD)
(~Certification of compliance witk s~ate Water Quality Standards
(Section 401, PL 92-500)
( ) Compliance with New Source Performance S~andards
The permittee sh~ll, comply vi'th the 'following:
(a) ~pon ~equest, the perm~ttee shall furnish all records and plans required ~nde
Deparrman~ rules. During enforcement actions, the retention Derioo for ali
recoras .will be extended automatically ~less otherwise .stipulated by th~
Department. ~ ~ '
(b) The ~rumittee ~ha!l hold at the facilitw or other looation designated by t%is
maintenance records ~d all original stri~ chart reoordings for continuous -
monitoring instrumentation) resulted by the oermft, co~ies of all retorts
required by this oarmic, acc r~cords of all ~ata used ~o comolete th~
application for t~is permit. These materials shall be retai~ed a~ least ~hre
_ _ o__erw, s_ specified by Department rule.
(c) Records of monitoring information shall .include:
!. the dace, exact plaee~ and time of sa~plir~ or measurements;
2. the parson responsible for performillg the s~umpling or measuramencs;
3. the dates a~a!yses were performed;
&. the person resoonsib!e for performing the analyses;
5.- the.analytioal'tecbalioues or methods used;
6..t~e.r~..~!ts of such a~.a!yses.
!S. ~nen requested by the ~epartment, the oermittee shall ~ithin a reasonable time
furn. iah any informatio~ requlrac by law whio~ ~s needed to de%el-mine compliance with ~h
pe~ic. If ~he pe~--mi~tee becomes aware the relevant facts ~era. not 'submitted or were
%nccrrec~ in the pe.~-mit aoD!ioation or in any repor~ to ~he Deoarrment, such facts or
~nformatlon shall be corr~kted promptly. -
DER Form 17-1.201(5)
Effective November 30, !9S2
Page 3 of
Attachment B
Page 12 of 25 Pages
Easement No. 28956
~o~'~: Boyn. ton Beach
~'~ ~n~ Chaffer
· :'~ SPECIFIC CONDITIONS:
I.D. NUMBER: 5050M05200
PERMIT CERTIFICATION NUMBER: 501972546
Issus: SEP 2 3 1992
EXPIRATION DATE:
SEt 2 3
1~ ' "No person shall commence any excavation, construction, or other activity
'involving the use of sovereign or other lands of the state, title to which is
vested in the Board of Trustees of the Internal Improvement Trust Fund or the
Department of Natural Resources under Chapter 253, until such person has
received from the Board of Trustees of the Internal Improvement Trust Fund the
required lease, license, easement, or other form of consent authorizing the
proposed use." Pursuant to Florida Administrative Code Rule 16Q-14, if such
work is done without consent, or if a person otherwise damages s~ate land or
products of state land, the Board of Trustees may levy administrative fines of
up to $10~000 per offense.
2. All other necessary State, Federal, or Local permits must be applied for
and received prior uo the start of work.
3. Written notification shall be provided to the Department of Environmental
Regulation, Southeast Florida District Office in-West Palm Beach and Palm Beach
County Department of Environmental' Resources Management, a minimum of
forty-eight (48) hours prior to commencement of construction and a maximum of
forty-eight (48) hours after completion of construction.
4. The permittee shall ba responsible for ensuring that all permit conditions
are explained to all construction personnel, and for providing the
;contractor(s) with a copy of this permit before any construction begins.
5. 'The following shall be completed prior to dredging the channel:
(a)
(c)
The permittee shall complete construction of the mitigation area show~
on sheets 5 and 6 of 6, and as described in Specific Conditions 10-13
below.
The permittee shall provide to the Department a survey sketch and
legal description of the mitigation area referenced in (a) above (at
least 0.3 acre).
The permittee shall submit for Department approval a copy of a
Conservation Easement, with the Department as grantee, over at least
0.3 acre of created wetlands, as sho%rn on sheets 5 and 6 of 6 and
ref%renced in (a) and (b) above% Additionally, the permittee shall
provide the Departmenu with proof, in the form of a title abstract and
certificate of title executed by a person or entity authorized to
provide such an opinion, or a title insurance policy, that the area
subject to the conservation easement is unencumbered, (as of the date
of recording,) or if encumbered, that all holders of property
inuerests with priority over the Department's interest have agreed to
release or subordinate their interest to the Department's easement
upon receiving Department approval of the Conservation Easement.
After approval of the conservation easement by the Department, the
permittee shall provide a copy of the executed end'recorded copy of
the Conservation Easement. This copy shall be certified by the Clerk
of Court and shall be received by the Department prior ro dredging.
Page 4 of 10
Attachment B
Page 13 of 25 Pages
Easement No. 28956
I.D. NUMBER: 5050M05200
PERMIT OERTIFICATION NUMBER: 50197254~
DATE OF ISSUE:
SEP 2 3 1992
EXP T:rON'DATE: $EP 2 3 1997
d)
Boundaries of the channel within seagrasses sh~ll be marked in the
field with buoys or other visual markers uo limit the dredge ares
that shown on the drawings.
e)
Turbidity barriers shall be installed prior to any dredging or
excavation uo preven~ violations of State Water Quality Standards.
The barriers shall be inspected daily by the contractor to ensure that
they are maintained in place until all work associated with project
construction has been completed.
f) The spoil retention area depicted on sheets 2 and 3 of 6 shall be
constructed.
6. An effective means of turbidity control, such as, but not limited to,
turbidity curtains shall be employed during all operations that may create
turbidity so that it shall not exceed 29 Nephalometric Turbidity Units above
natural background value. Turbidity control devices shall remain in place
until all turbidity has subsided.
7.- The access channel shall be hydraulically dredged. Spoils shall be pumped
to the upland spoil area show~ on sheet 2 of 6. The dredge shall be operated
in a manner to minimize disturbance of seagrasses beyond the area show~ on
sheet 2 of 6.
8. Turbidity monitoring equipment and personnel trained to use it shall be
kept on-site during all opera,ions that may cause turbidity.
9. The permittee shall monitor turbidity levels at least every four hours
during dredging or filling operations and when the dredge is shut dow~ due ~o a
pipeline break or other circumstances ~nieh might affect water quality.
Samples shall be taken at top, mid-depth and one foot above bottom at
monitoring stations located as follows:
-. In Lake Worth
a. au least 500 ft. up-curren= of the dredge suction head and clearly
outside the influence of dredging activities (background).
bo
10 ft. do~rn-current of the silt curtain around the discharge pipe, and
50 feet down current of the curterhead, or with any visible turbidity
plume (compliance sample).
All monitoring data shall be submitted to the Department's Southeast District
0ffice ~ithin one week of analysis with documents containin~ the following
information: (!) permit number; (2) dates of sampling and analysis; (3) a
statement describing the methods used in collection, handliD~, storage and
-'analysis of the samples; (4) a map indicautng the sampling locations and (5) a
Page 5 of 10
Attachment B
Page 14 of 25 Pages
Easement No, 28956
~ERMITTEB:
of Boynton Beach
John Shaffer
'.~{.SPECIFIC CONDITIONS:
DATE OF ISSUE: -.
EXPIRATION DATE:
StP 2 3 199
SEP 2 3 1997
statement by .the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and
accuracy of the data.
Monitoring reports shall also include the following information for each sample
that is taken:
(1) time of day samples taken;
(2) depth of water body;
(3) depth of sample;
(4) antecedent weather conditions
(5) tidal stage and direction of flow; and
(6) wind direction and velocity.
If monitoring reveals apparenn violations of the state water quality standard
for turbidity, construction activities shall cease immediateI~ and nor resume
until corrective measnres have been taken and turbidity has renurned to
acceptable levels. Any such occurrence shall also be immediately reported to
the Department of EnviroD_mental Regulation, Southeast District Office.
Failure to submin reports in a timely manner constitutes grounds for revocation
of the permit.
10. Prior to planting the mitigation area, the mean high water, mean low water,
and planting elevations shall be staked in 'the field.
it. The permittee will use adequately sloped and prepared substrates ~o achieve
a tidal regime conducive to m~Ximum survival and success of the mitigation
12. Smooth cordgrass (SDartina alterniflora) shall be planted in the created
shoreline in the areas depicted on sheeu 5 of 6. Plantings shall be replaced
as necessary to maintain 80~ survivorship of the vegetation until the
Department determines thc establishment of the created wetland is reasonably
assured (three years). At this time, the Department will inform the permittee
in writing of the futfillmenu of this requirement.
13. The permittee shall use healthy smooth cordgrass 4" plugs placed on 2'
centers. Within 7 days after initial planting the permittee shall submit a
"baseline" report with photographs (from referenced locations) specifying the
date and number of plantings. A drawing shall be included to show the location
of photographs. Subsequent monitoring reports are =o be submitted quarterly,
· with the first report due three (3) months after the baseline~re'port, and shall
Page 6 of 10
Attachment B
Page 15 of 25 Pages
Easement No. 28956
~c/o Jolm Shaffer
- SPECIFIC CONDITIONS:
I.D. NUMBER: 5050M05200
CE T F CATIO/ .m R: so1972s4s
DATE OF ZSSUZ. Z 1992
EXPIRATION DATE:
SE? 2 3
include the number of plants surviving, additional plugs planted, explanations
for any failure of plantings to thrive and photographs from the locations
referenced in the baseline report. Additional monitoring reports, with the
same information as outlined above, are due the first week of each subsequent
quarter for three years or until the department determines the revegetation is
successful.
14. The permittee shall secure adequate replanting supply for mortality
replacement to maintain a minimum B0% survival during the monitoring period.
15. The mitigation area shall be kept free of debris and exotic/nuisance
vegetation, and shall be protected from intruszon by foot traffic and other
unnecessary disturbance by appropriate fencing or barricades, as necessary.
16. It is the intent of the nritigation project .to create viable, functional,
productive estuarine tidal marsh wetlands. In order to offset the adverse
impacts of the permitted project, the created area is expected to perform the
following functions: contribute to primary productivity and detrital export,
provide.habitat, forage and breeding areas for fish and wildlife, and provide
shoreline buffering against wave and wind action.
Successful establishfnent of the wetland and transitional zone will require
careful monitoring and may require elevation and/or hydrological adjustments to
meet the Department's goals. It is possible that the permittee's obligation
pursuant uo successful wetland creation may extend beyond the life of the
permit, and the permittee may be required uo et=er into a long-=arm agreement
or to post a performance bond with the Department, prior to permit expiration,
in order to provide reasonable assurance that the mitigation will be successful.
17. Within 90 days of completing the channel, its location shall be marked on
site with appropriate channel markers according to U.S. Coast Guard Regulations
and/or the Florida Uniform Waterway Marking System (Florida Statutes Chapter
327.40-1).
18. The permittee shall ensure that:
Prior no commencemene of construction, the prime contractor will obtain
from Florida Department of Natural Resources, Florida Marine Patrol, Office
of Boating Safety, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
(904) 488-5757, a permit for posting of temporary, sign(s) in manatee
areas. Th~s permit will be issued for either 60, 90, 180 or 240 days. In
order for this permit to be extended, a request in writing must be received
by the Florida Marine Patrol, Office of Boating Safety, ~rior =o expiration
of the permit. If no request for extension is received ~he contractor(s)
must remove the sign(s), stop work and notify the Florida Marine Patrol,
Office of Boating Safety, in writing, within ten working days.
Page 7 of 10
Attachment B
Page 16 of 25 Pages
Easement No. 28956
PERMITTEE: I.D. NUMBER: 5050M05200
Boynton Beach PERMIT CERTIFICATION NLrMBER: 501972546
Shaffer DATE OF ISSUE: SEP 2 3 1992
EXPIRATION DATE:
8EP 2 3
SPECIFIC CONDITIONS:
After the permit is issued but prior to commencement of construction, the
prime conuraotor involved in the construction activities shall display in a
prominent location on the vessel, visible to all. employees operating the
vessel, a sign (temporary placard) at least 8~"xll" reading, "Manatee
Habitat/Idle Speed in Construction Area". In the absence of a vessel a
sign ~temporary) 2'x2' will be located prominently adjacent to the
displayed issued construction permit. A second temporary 2'x2' placard
reading, "Warning Manatee Area" will be posted in a location prominently
visible to water related construction crews. Temporary notices are to be
removed by the permittee upon completion of construction.
All other signs must be at least 3'x3', with white reflective background;
black block lettering no smaller than 1" in height; and international
orange reflective border. A circle of international orange with a white
center shall be located in the center of the sign(s). The number of signs
required will depend on the size of the construction area. All signs shall
conform to the Florida Uniform Waterway Marking System in accordance with
F.S. 327.40(1).
The contractor instru:us all personnel associated with the project of the
potential presence of manatees and the need to avoid collisions with
All construction personnel are advised that there are civil and criminal
penalties for harming, harassing, or killing manatees which are protected
under the Marine Mammal ProtecTion Act of 1972, the Endangered Species ACt
of 1973, and the Florida Manatee Sanctuary Act. The permittee and/or
contractor may be held responsible for any manatee harmed~ harassed, or
killed as a result of construction activities.
Siltation barriers are made of material in which manatees cannot become
en~sngled, ars properly secured and are regularly monitored to avoid
manstee entrapment. Barriers must not block manatee entry uo or exit from
essential habitat.
All vessels associated with the project operate at "no wake/idle speed" at
all times while in water where the draft of the vessel provides less that a
four foot clearance from the bottom and that vessels will follow routes of
deep water whenever possible.
If manatees are seen within 100 yards of the active daily construction/
dredging opera~ion all appropriate precautions shall be implemented ~o
ensure protection of the manatee. These precautions ~hall include the
operation of all moving equipment no closer than 50 fee~ of a manatee.
Operations of any equipment closer than 50 feet of a manatee shall
necessitate immediate shutdo%rn of that equipment.
Page 8 of 10
Attachment B
Page 17 of 25 Pages
Easement No. 28956
PERMITTEE:
'Boynton Beach
Shaffer
I.D..lfJMBER: 5050M05200
PERMIT CERTIFICATIO~L1NL~Ri 501972546
DA Z oF issux: SEP Z B 99Z .
XP TION DA E: SE? 2 3 1997
:!'.,LS iCZFIC CO ITIONS:
. h.' Any collision with and/or injury to a manatee is reported immediately to
the Florida Marine Patrol (t-80b-£IAL FMP) and to the U.S. Fish and
Wildlife Service, Jacksonville Office (904-791-2580) for North Florida and
to the Vero Beach Field Office (407-562-3909) for South Florida.
The contractor maintains a log detailing sightings, collisions, or ln3uries
to manatees should they occur during the contract period. Following
project completion, a report summarizing incidents and sightings is
submitted to the Florida Department of Natural Resources, Marine Research
Institute, Office of Protected Species Research, 100 Eighth Avenue, S.E.j
St. Petersburg, Florida 33701-5095 and to the U.S. Fish and Wildlife
Service, 3100 University Boulevard, Jacksonville, Florida 32216.
Permanent "Caution Manatee Area", awareness and regulatory signs are
installed and maintained at the basin and at the channel near its
confluence with the Atlantic Intracoastal Waterway. Within 30 days of
completing the dredging, the permittee will"send a pro3ect site plan and a
chart indicating the locetion of t~e facility (in relationship to waterways
and County locations) to the Department of Natural Resources, Division of
Marine Resources, Protected Species Management, 3900 Commonwealth Blvd.,
Tallahassee, Florida 32399.. The Office of Protected Species Management
will then review and indicate on the site plan the Type and number of signs
required and. the permanent locations for signs. In areas where manatee
speed zones are in effect, specific regulatory signs will be designated for
posting. Upon review and designation of sign locations by the Office of
Protected Species Management the site plan will be returned to the
permittee along with a list of sign suppliers.
Permanent "Caution Manatee Area", awareness and regulatory signs are
(4'x3') constrtcted of .125 gauge 5052~H38 Allodined (corrosion proof)
Aluminum covered with 3M Engineer grade, reflective sheeting; black,
screened design, and block lettering at least 1" in height; and an orange
engineer grade reflective border. The number of signs required will depend
on-the design of the facility. These slgns shall conform to the Florida
Uniform Waterway Marking System in accordance with F.S. 327.40-1. The
overall construction of these signs shall be made in accordance with the
FDNR specifications.
Permanent Information Displays (consisting of two signs "Manatee Basics for
Boaters" and "West Indian Manatee Fact Sheet) signs are installed on land
au the basin within 90 days of completing the basin, at a prominent
location (facing toward shore), to increase the awareness of boaters using
the facility of the ~resence of manatees and of the need ~o minimize the
threat of boats to these animals. At least one set of I~formation Display
signs is required at the facility. Permanent Information Display sign
locations will be specified by FDNR when other permanent sign locations are
designated (j above). A list of sign suppliers will be forwarded with the
returned site plans.
Page 9 of 10
kttachment B
Page 18 of 25 Pages
Easement No. 28956
Beach
John. SHelf er
SPECIFIC CONDITIONS:
I.D. NUMBER. 5050M05200.
PERMIT CERTIFICATION. NUMBER:' 501972546
" : 992
DATE OF ISSUE: SEP 2 3 1
EXPIZ~TZOU OA~E: SEP 2 3 1997
A notarized verification (letter) containing the latitude and longitude for
each sign installed along with a statement that permanent signs have been
installed at designated locations shall be forwarded ~o Florida Department
of Natural Resources, Division of Marine Resources, Office of Protected
Species Management, 3900 Commonwealth Boulevard~ Tallahassee, Florida 32399
as soon as signs are installed. All signs and pilings remain the
responsibility of the owner(s) and are ro be maintained for the life of the
facility in a maimer acceptable to FDNR.
19. If historical or archeological artifacts, such as Indian canoes, are
discovered au any time within the project site, the permiuuee shall immediately
notify the district 6ffice and the Bureau of Historic Preservation, Division of
Archives, History and Records Management, R.A. 'Gray Building, Tallahassee,
Florida, 32301.
20. The engineer of record shall submit record-drawings to this office within
sixty (60) days after completion of construction.
21. The permittee shall be aware of and operate under the attached "General
Permit" Conditions #1 and #15. General Permit Conditions are binding upon the
permittee and enforceable pursuant uo Chapter 403 of the Florida Statutes.
EXECUTED ON THIS
i~West Palm Beach, Florida.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
Page 10 of 10
A~tachment B
Page .19 of 25 Pages
Easement No. 28956
)POSED PROJECT SITE '.--;"
SW
L,..OCAT IOki b,1A~
bE
GEE & ]£NSON IE2~IG~NEERS-ARClqITECT~.-FtL~NN~
~J~$T PALM BEACH. FLORIDA
BOAT CLUB PARK NAVIGATION CHANNEL
PALM BEACH COUNTY, FLORIDA
APPLICANT ~ CITY OF BOYNTON BEACH
Attachment B
'~'Page 20 of 25 Pages
Easement No~ 28956
v. ~/~2
EXCAVATION (,~ ~ AO. ~ ~O0~u.Y~ GEE ~ JEN~N ~N~-A~-P~NN~.I~.
~ PALM BEACH. FLORIDA
BOAT CL~ PARK NA~BATION CHANNEL
E~, ~W ~OW ~ PA~ BEAOH OOU~, FLORIDA
APPLIOANT ~ 01~ OF BOYNTON BEAOH
,.~=~ ~ ~o~=~~__lJ~ ~x% Icc:'&~ ;~.
Attachment B
Page 21 of 25 Pages
Easement No. 28956
.._ Mi Dwi, -- 1-.0
SF~CTIO~ A-A
t-1'5
q7
N~VD
OUq' FALL
60~
,* 150;:< WtSI~.
%..
S~OTt~%4
CO~ I~.F'ilT ~- 87 5PJ-ZlIT~
. I
~--~Y~iAYA"FF~ MATI~ IA.U 35'
Fo~ OIK~
FOR. PERMIT USE ONLY
~v.s/e/ ~R,V, 5./~
· GEE & JENSON ENGtNE.ERS-ARCHITEC'FS-PI.~NNE. RS. INC-
~ PALM BF..ACH. FLOR. IDA
BOAT CLUB.PARK NAVIGATION CHANNEL
F~ALM BEACH COUNTY, FLORIDA
· APPLICANT { CITY OF BOYNTON BEACH
Attachment B
Page .22 of 25 Pages
Easement No. 28956
GEE & JENSON ENGINEERS-ARCH~TEC?S.PLANNERS, INC.
BOA'~,.QLU~ PARK NA~A~ CHAN~L
-" .-' ,..-.?APPLICA~-~ C~ OF B~ON BEACH
Attachment B
Page 23 of 25 Pages
Easement No. 28956
RECEIVED
SE? 2 I 199~
w~sT p~u~ ~
PROPERTY LiNE
..,BASED ON
COASTAL
[OX. MHW
MLW
PROPERTY LINE
MHW
~ PROPOSED"MI~W
INTERPRETIVE SHELTER
- FOR PERMIT USE ONLY
~.~OT FDR CONSTRUCTION
AC. SHALLOW WATE~"H~ITAT TO BE DREDGED
: -:~TO.C, PPROXIMATELY'-2.0' MLW
D .BE PLANTED
~ON 24"CENTERS 'SCALE
PLAN o ~oo
FEET
-10 TO SE PLANTED ON 24' CENTERS
SECTION
7~-] EXCAVATION
-10 EL.+5' 12'-- , NOTE: EXAGERATED
: / ' ~ VERTICAL SCALE
ALTERNAF, ,, g/
'SEEDLINGS ,TO BE ' 8 ' ' '- '
SECTION E- E
~7]EXCAVATION
SCALE
0 FEET 30
EXIST· GROUND . [ I ' I · ~ i
.-10 EL.+5' '--N'I I - ~_:,+~.~. .
· - . \l l../--- '"" /- EL.+.~ I
:-:- "." :"'.' -' :' "' :' ~,~-,-'~-,,c,~,~!,~,~¢,/~/~.~aa~f// t I I k., .,~w
-~= ' ' -, ..' '-''.. :'~:~'~ - -':"/:~:':~ .-'~ t / . A~LW
· - ./ -, .... .' '.~ t ~~ /
SPARTINA ALTERNAFLORA SEEDLINGS ~/ 8
-/
/ EL.-3'
D - D SCALE
,~F-V. 9/92 ~..,.~ ~) FEET 20
GEE & ,YENSON ENGRQ'EERS-ARCt~'rr;CTS.~r~L~,~B~S, IlqC.
- JKS
BOAT CLUB PARK NAVIGATION CHANNEL
PALM.BEACH COUhLTY ~'FLORIDA
APPLICANT: CiTY OF BOYNTON BEACH
SHOWN SHEE~ 2 OF
Attachment B
Page 24 of 25 Pages
Easement No. 28956
· -- ~.~-...:..:.~...... . -.- --... ~ ..... ~,~ . . ~ ',~-~- '
I '.~ ~ ~-.,~v'--*,' ~-,:'-,'~-: .. ,',',:~,? ~ · :~'~-'"'-
I -~- ~ ~>..,' ,. ':-- ...... ' .'~:~-~ ~ ~
· .~,~ ~ ~,.? ~.,,..:~,:.-.:....~ ..... ~¢~ ~:~,,~
'' ~ ~ ~,'~ ' .......... '""~' ~ -~ ~t~.'-
... ~-~-. ........ . ........ ~. ~..~
~ > ~o-'~,-..:-,."~,:.~.-¥~E .+~..-,~,?.~.' I- / '..~--.' :"'~: .......
~ '.:.:b:~..":?EXIST GROU D"' '' I
..... :"?~'" .... ' ...... ~" ' ' ':~ EL+.~'
/ Zh :."-;':. :'..:.' . ~ /'/ - '
~-'~ L SPARTINA ALTERNAFLORA SEEDLINGS ~ 8 ' :
~ ~-1o TO BE PLANTED ON 24' CENTERS
%-- EL.-3'
EXCAVATION
SECTION F - F
SCALE
0 FEET 20
use ONLY
FOR
GEE & ~E~qSON ENGR~RS-.ARCP~ECTS.PL~EI~S, I]qC.
BOAT CLUB PARK NAVIGATION CHANNEL
':.~' PALM.BEACH COUNTY FLORIDA
APPLIOAN'D: CITY OF BOYNTON BEACH
D~IGN~ DP, AWN I~W t~:;KED JOB NO.
JKS RAD 91156
FILE NO.
DPckW~ NG NO.
SH~'T 3 o~ 3
Attachment B
Page 25 of 25 Pages
Easement No. 28956