62B-56.050. Permit Application Requirements and Procedures

(1) To apply for a construction and maintenance permit under this chapter, the applicant shall submit the application form and supporting documents to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400, using Form 62B-56.900(1), entitled “Permit Application for Construction and Maintenance of a Reconstructed Dune” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following web site: www.dep.state.fl.us/beaches.

(2) Upon receipt of an application the Department shall notify the applicant or agent of all the statutory provisions of Section 161.085(9), F.S.

(3) The applicant shall provide the specific information set forth below:

(a) Name, mailing address, and telephone number of the property owner and of any duly authorized agent making the application on behalf of the owner, and the signature of the applicant.

(b) A statement describing the proposed project and providing the street address.

(c) The name and mailing address of the owners of the adjacent properties, exclusive of street-ends or easements.

(d) A Construction and Maintenance Permit application fee as set forth in Rule 62B-56.130, F.A.C.

(e) Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease-purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or, the cooperative documents defined in Section 719.103(13)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership shall be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quitclaim deed, a purchase contract, an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticated official county record) is not sufficient evidence of ownership. Ownership information shall include a copy of the recorded property deed, using business or person’s name, the year that it was recorded, document number, and the official record book, page and parcel number.

(f) Written evidence provided by the appropriate local governmental entity, political subdivision, or municipality having jurisdiction over the activity, that the proposed activity as submitted to the Bureau does not contravene local setback requirements or zoning codes.

(g) Information concerning impacts to natural plant communities and nesting state or federally threatened or endangered species, including:

1. A biological assessment of habitat quality of natural plant communities and potential nesting state or federally threatened or endangered species whose range includes the subject property, using Form 62B-56.900(4), entitled “Biological Assessment” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, MS 300, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000; or at the following web site: www.dep.state.fl.us/beaches.

2. Any existing Incidental Take Permit from the U.S. Fish and Wildlife Service.

(h) Written commitment from financial institution or insurance company demonstrating that financial assurance can be obtained, and a completed copy of Form 62B-56.900(2), entitled “Financial Assurance Worksheet” (effective date 6-22-09), pursuant to Rule 62B-56.090, F.A.C. This form is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following web site: www.dep.state.fl.us/beaches.

(i) A signed and sealed survey of the subject property. The information depicted on the drawing shall be from a field survey conducted not more than six months prior to the date of the application. The survey shall comply with the requirements given in Rule 62B-56.080, F.A.C.

(j) A dimensioned site plan. The drawings shall be signed and sealed by a professional engineer licensed in the State of Florida. The site plan shall include:

1. The locations and exterior dimensions of the reconstructed dune, including the location of the dune core and all activities, and the perpendicular distances from the Coastal Construction Control Line (CCCL) to the seaward limits of the dune core, the dune toes and the reconstructed dune.

2. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL to the seaward corners of the foundations of any existing structures and the seaward limit of any coastal or shore-protection structure.

3. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL to the seaward corners of the foundations of any major structures, public infrastructure and the seaward limit of any coastal or shore-protection structure.

4. The horizontal location of the erosion control line (if one exists), any contour lines corresponding to elevation 0.00, the approximate contour of mean high water and seasonal high water, and horizontal location of the seaward line of vegetation and outlines of existing native beach-dune vegetation.

5. The horizontal location of the CCCL for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points.

6. The location of the two nearest Department Range Monuments (DNR R-Monument).

7. The location and dimensions of the property boundary, rights of way, and easements, if any.

8. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings; and.

9. The location of work limits, construction fences, and dune features and vegetation to be protected during construction.

(k) A dimensioned grading plan including any dune and vegetation protection, clearing, demolition, grading, excavation, and fill activities. The drawings shall be signed and sealed by a professional engineer licensed in the State of Florida. The grading plan shall include the location and distances of all proposed structures on the subject and adjacent properties, and the following:

1. Existing and proposed elevations, contours and spot elevations, including the mean high water line, seasonal high water line, vegetation, seaward toe of dune, dune crest, and landward toe of dune.

2. Volumes (in cubic yards), locations and dimensions and distances (in feet) seaward of the CCCL for all permanent and temporary excavation, storage or fill and other site use or disturbance including construction limits and access.

3. A table of all permanent, temporary, and net excavation and fill volumes seaward of the CCCL.

4. Soil and geotechnical data for beach compatible imported or excavated sand proposed for placement on the project site.

5. Proposed drainage plans and dewatering activities.

6. Form 62B-56.900(3), F.A.C., entitled “Sand Quality Assurance/Quality Control (QA/QC) Plan” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following web site: www.dep.state.fl.us/beaches. The QA/QC plan shall detail measures for testing, screening, handling, monitoring and remediation of all excavated or filled material and shall include mechanisms to ensure that only beach compatible sand is placed on the project site; and

7. Surface area measurements (in square feet) of existing native beach-dune vegetation within the project limits, native beach-dune vegetation to be disturbed, and native beach-dune vegetation to be preserved or planted.

(l) Dimensioned cross-sections. The drawings shall be signed and sealed by a professional engineer licensed in the State of Florida. The cross-sections shall include a typical view from the mean high water line to the CCCL depicting all structures and elevations, proposed and existing grades, subgrade construction, excavation, and fill.

(m) Detailed final construction plans and specifications for the reconstructed dune and fill material. These documents shall be signed and sealed by a professional engineer licensed in the State of Florida.

(n) An anticipated construction schedule.

(o) Detailed dune planting and maintenance plans, including the plant species and locations of existing native beach-dune vegetation, plants to be removed and proposed plants. Plans shall include a plant list with both scientific and common names. Plans shall include any structures to be constructed within the dune area, including sand fences, irrigation systems and beach access.

(p) Dimensioned site plan drawn to an appropriate scale, in 8 1/2 by 11 inch size format showing property boundaries, the location of the proposed structure(s), the proposed construction limits, the location and volume of any proposed excavation or fill, and the locations of roads, adjacent dwellings, the vegetation line, and the approximate mean high water line; and

(q) Dimensioned cross-sections drawn to an appropriate scale, in 8 1/2 by 11 inch format, showing:

1. All subgrade construction or excavation with elevations referenced to NAVD 88 (U.S. survey foot).

2. Typical cross-sections of the reconstructed dune depicting geotextile core and elevations.

3. Location of the CCCL or, if not established, the mean high water line.

4. Typical profile of existing and proposed grade at the site; and

5. The location of the contour line corresponding to elevation 0.0 NAVD 88 (U.S. survey foot).

(4) The applicant shall provide other site-specific information or calculations as determined necessary by staff to ensure that the criteria of this chapter are met. The dimensions for the plans referenced in this section shall be submitted in U.S. Customary System units. Structures shall be located with distances measured perpendicular to the CCCL, or the mean high water line, as appropriate. All elevations in this rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross-sections shall be drawn to an appropriate engineering scale in the horizontal dimension.

(5) The Department recognizes that certain requirements specified in paragraphs 62B-56.050(3)(k)3. through 7., (o), (p) and (q), F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach-dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable.

(6) The applicant shall have 180 days from the date the Department mails a timely request for additional information to submit that information to the Department. If the applicant requires additional time in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances justifying the need for additional time. Upon receipt of such notice providing good cause, the application shall be held in active status for a period of up to 90 days. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of the applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(7) If a substantial revision or major modification is made to a pending application, the application shall be deemed amended and shall be treated in all respects as a new application; and the time limits for processing applications shall be restarted, as set out in Section 120.60, F.S., following payment by the applicant of an additional processing fee, pursuant to this chapter.

(8) If site conditions change during the processing of an application to such an extent that the data already provided can no longer be used to determine consistency as provided in this chapter, then the application shall be denied unless the applicant agrees to waive the 90 day time requirements of Section 120.60, F.S., and provides the additional information required to reanalyze the application.

(9) All permit application requirements must be met and the application approved by the Department prior to the Department granting the Notice to Proceed.

Rulemaking Authority 161.053(20), 161.0535, 161.085(5) FS. Law Implemented 120.60, 161.053(2), (3), (5), 161.085(9) FS. History–New 6-22-09, Amended 5-9-13.