62B-49: JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS
PURPOSE AND EFFECT: To update the rule to reflect subsequent updates to the statutes, and to modernize procedures for application.
SUMMARY: Chapter 62B-49, F.A.C., provides the rules and procedures for obtaining joint coastal permits for activities upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, seaward of the CCCL.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.60, 120.63, 161.041, 161.0535, 161.054, 161.055, 161.061, 370.021(1), 373.427 FS.
LAW IMPLEMENTED: 120.569, 161.041, 161.0535, 161.055, 161.061, 253.77, 258.43, 373.427 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 3, 2006, 10:00 a.m. - 1:00 p.m.
PLACE: The Bureau of Beaches and Coastal Systems Training Room, Building B, 5050 West Tennessee Street, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rosaline Beckham, Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, Mail Station #300, Tallahassee, Florida 32399-3000, (850)488-7815. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rosaline Beckham, Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, Mail Station #300, Tallahassee, Florida 32399-3000, (850)488-7815.
THE FULL TEXT OF THE PROPOSED RULE IS:
62B-49.001 Scope.
This chapter implements the provisions of Section 161.055, F.S. Florida Statutes, by combining the regulatory requirements of the coastal construction program (Section 161.041, F. S.) with the environmental resource (or wetland resource) permit program (Part IV of Chapter 373, F.S.) to establishing the joint coastal permit program. Activities that would have required both a coastal construction permit and an environmental resource (or wetland resource) permit, are now authorized by a single joint coastal permit. A joint coastal permit is issued when both a coastal construction permit required pursuant to Section 161.041, Florida Statutes, and an environmental resource permit pursuant to Part IV of Chapter 373, Florida Statutes, are required. In addition, tThis Chapter also provides for concurrent review of any activity requiring a joint coastal permit that also requires a proprietary authorization for use of sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. This Chapter also establishes procedures for processing applications for joint coastal permits and the linked proprietary authorizations. In the event that there is a conflict between the procedural requirements of this Chapter and other procedural rules promulgated pursuant to the referenced statutes, then this chapter shall govern. The standards and criteria for issuance of joint coastal permits include the criteria for environmental resource or wetland resource permits pursuant to Rule 62-312 and the rules adopted under Rule 62-330, F.A.C., the and coastal construction criteria permits pursuant to Rule 62B-41, F.A.C., and any specific criteria for issuance of a joint coastal permit listed in this Chapter. The criteria for the associated Title 62, Florida Administrative Code, and proprietary authorizations are found in Rules pursuant to Chapters 18-18, 18-20, 18-21, F.A.C. Florida Administrative Code, shall be applicable to the review of joint coastal permits.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98,_________.
62B-49.002 Definitions.
For purposes of this Chapter, the following definitions shall apply:
(1) Activity is any construction, dredge and fill, or other action that requires a permit pursuant to Section 161.041, F.S. Florida Statutes, and an environmental resource or wetland resource permit pursuant to Part IV of Chapter 373, F.S. Florida Statutes, which action may also require and a proprietary authorization to use sovereignty submerged lands pursuant to Chapters 253 or 258, F.S. Florida Statutes.
(2) Agent is any person with the written power or authority to act for the applicant for purposes of an application submitted pursuant to Section 161.041, F.S. Florida Statutes, Part IV of Chapter 373, F.S. Florida Statutes, and, if applicable, Chapters 253 or 258, F.S. Florida Statutes.
(3) Applicant is any person, firm, corporation, county, municipality, township, special district, or any public agency having authority, pursuant to Section 161.041, Chapters 253 or 258 and Part IV of Chapter 373, F.S. Florida Statutes, to request a permit and, if necessary, an authorization to conduct activities upon sovereignty submerged lands of Florida.
(4) through (5) No change.
(6) Coastal System is the beach and adjacent upland dune system and vegetation; swash zone; surf zone; breaker zone; offshore and longshore shoals; reefs and bars; tidal, wind and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets and their ebb and flood tide shoals and zones of primary tidal influence; all other associated flora and fauna, and natural and manmade topographic features and structures.
(7) No change.
(8) Environmental Resource Permit is a standard general or individual environmental resource permit, including a short form or standard form wetland resource management (dredge and fill) permit issued under Part IV of Chapter 373 Sections 373.414(11)-(16) or 373.4145, F.S. Florida Statutes, but excluding noticed general environmental resource permits.
(9) through (12) No change.
(13) Proprietary Authorization or Authorization is the necessary instrument providing authorization to conduct activities on sovereignty submerged land pursuant to Chapter 253 and, if applicable, or Chapter 258, F.S. Florida Statutes.
(14) Request for Additional Information or RAI is a written document from the Department to an applicant identifying errors, or omissions or clarifications in the application information that which must be provided by the applicant.
(15) Sovereignty Submerged Lands means those lands including, but not limited to, tidal lands, islands, sand bars, shallow banks and lands waterward of the mean high water line, beneath tidally-influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated., or This also includes those lands located seaward of an established erosion control line.
(16) Substantial Revision is a request by the applicant to revise a pending permit application such that the proposed changes would alter modify the nature or extent of a proposed activity to such a degree that the Department would need additional time to reevaluate the expected performance or impacts of the project. Requested revisions that only decrease the degree or extent of impacts at the same sites, and do not require a reanalysis to confirm this decrease, would not be considered Substantial Revisions significantly different environmental impacts are expected and reanalysis of the modified project will be necessary to complete processing. A modification proposed by the Department shall not be considered a substantial revision.
Specific Authority 161.041, 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. History-New 10-12-95, Amended 2-19-98, .
62B-49.003 Policy.
(1) through (2) No change.
(3) Any application submitted pursuant to this chapter shall not be deemed complete, and the timeframe for approval or denial shall not commence until the Department has received all information required for: a coastal construction permit under Section 161.041, F.S. Florida Statutes and Rule Chapter 62B-41, F.A.C. Florida Administrative Code; an environmental resource permit under Part IV of Chapter 373, F.S. Florida Statutes, and Title 62, F.A.C. Florida Administrative Code; and a proprietary authorization, under Chapter 253, F.S. and Rules Chapters 18-18, 18-20 and 18-21, F.A.C. Florida Administrative Code, if applicable.
(4) No change.
(5) Nothing in this Chapter shall be construed to limit an applicants ability to make separate applications for stages, phases, or portions of a project separate from an activity requiring both: a proprietary authorization under Chapters 253 or 258, Florida Statutes; and a Joint Coastal Permit under Chapter 161, Florida Statutes.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98, ________.
62B-49.004 Consultation.
(1) No change.
(2) Consultations under this chapter are limited to evaluation of data provided by the interested party, in addition to information and that which is generally available to the staff. Consultations will address the specific criteria applicable to the proposed activity that are of special significance to the permitting requirements. Failure to address a specific process or criterion during the consultation process shall not preclude the issue being raised during review of the application.
(3) To obtain a consultation, the interested party must submit a written request for consultation citing this chapter. In addition the applicant is advised to provide a detailed description of the proposed activity, including:
(a) Submit a written request for consultation citing this Chapter;
(b) Provide a detailed description of the proposed activity including:
(a)1. Tthe location of the proposed activity;
(b)2 Ccurrent topographic and bathymetric surveys;
(c)3. Aa plan view of the proposed activity;
(d)4. Ttypical cross-sectional elevation views of any proposed structure(s);
(e) Maps or aerial photographs showing the current extent of submerged biological communities and wetlands (if any) in the vicinity of the proposed activity;
(f)5. Ggeotechnical data on any borrow source and fill site; and
(g)6. Iinformation required under Chapter 253, F.S., and Rules Chapters 18-18, 18-20 and 18-21, F.A.C. Florida Administrative Code, if applicable, Part IV of Chapter 373, and Section 161.041, F.S. Florida Statutes, to describe the proposed activity and its potential impacts.
(4) No change.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98, _________.
62B-49.005 Application Requirements and Processing Procedures.
(1) In order to make application for Any person desiring to obtain a joint coastal permit application, from the applicant Department shall submit one signed original and two (2) paper five copies of the application form and supporting documents, plus two (2) electronic copies of the full application package, to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida, 32399-3000, using the form, Application for a Joint Coastal Permit (DEP Form 73-500 (effective 12-06 6-95), entitled Joint Application for a Joint Coastal Permit and Authorization to Use Sovereignty Submerged Lands, which is hereby incorporated by reference. Copies of the form may be obtained by writing to the above address or by downloading from the Bureaus web page.
(2) The applicant shall provide the specific information required by this Chapter, Section 161.041, Chapter 253 and Florida Statutes, Part IV of Chapter 373, F.S. Florida Statutes, and Rules Chapters 18-18, 18-20 and 18-21, F.A.C. Florida Administrative Code, if applicable, as well as Rules Chapters 62B-41, 62-330, 62-343, 62-4, and 62-312, F.A.C. Florida Administrative Code.
(3) Within 30 days of receipt of an application for a joint coastal permit, the Department shall review the application to determine whether all information needed for a complete evaluation of the application has been submitted. If the Department determines the application to be incomplete, the Department will make a request for additional information within 30 days after receipt of the application. Within 30 days after receipt of each submittal of timely requested additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.
(4) An application shall be denied if the applicant fails to provide additional information to the Department within six (6) months after a written request for such information has been sent to the applicant. However, if the applicant can demonstrate that he or she has been actively working on collecting or developing the requested information, and that additional time will be required to complete their response to the RAI, the applicant may request up to six (6) additional months to submit their response.
(5) No change.
(6) A notice of receipt of a complete or substantially complete joint coastal permit application shall be provided to any persons who have filed a written request for notification of any pending applications affecting the particular area in which the proposed activity is to occur. Such request shall expire after three (3) years. The notice that is distributed by the Department shall contain: the name and address of the applicant; a brief description of the proposed activity, including any mitigation; the location of the proposed activity, including whether it is located within an Aaquatic Ppreserve or other Outstanding Florida Water; a map identifying the location of the proposed activity; a depiction of the proposed activity; a name or number identifying the application; and the office where the application can be inspected. Where a person has requested notice of the intended agency action for a specific application, the Department shall provide such person with notice of such intended agency action on that specific application.
(7) Where a person has filed a written request with the Department for notification of the intended agency action for a specific joint coastal permit application, the Department shall provide that person with notice of such intended agency action on that specific application.
(8)(7) In addition to the notice required in subsections (6) and (7) above, the Department shall require an applicant to publish in a newspaper of general circulation in the area affected by the proposed activity, at the applicants expense, a notice of receipt of the application and a separate notice of intended agency action on the application for those activities, which because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. The notice of intended agency action shall include a notice of all interested partys rights under Section 120.57, F.S. Florida Statutes. If the applicant fails to publish any notice required by the Department as provided in this chapter and to provide proof of publication the Department shall deny the application.
(9)(8) The applicant, all persons who filed comments on the proposed activity and persons who have requested a copy of the intended agency action for a specific application shall be notified of the Department's consolidated notice of denial or intent to issue and their rights under Sections 120.567 and 120.57, F.S. Florida Statutes.
(10)(9) When an application under this Chapter includes a request for proprietary authorization, and the authority to take final action on a such request for proprietary authorization has been delegated to the Department without the need for separate action by the Board of Trustees, the Department shall issue a consolidated notice of denial or intent to issue within 90 days of receiving a complete application under this chapter. The applicant may waive the ninety (90) day time limit specified under Sections 120.60(1)(2), 161.055 and 373.414127, F.S. Florida Statutes, at any time.
(11)(10) When an application under this chapter includes a request for proprietary authorization and the authority to take final action on a request for proprietary authorization has not been delegated to the Department, the Department shall review the application, issue a recommended consolidated notice of denial or intent to issue shall be reviewed and take final agency action taken in accordance with the procedures in Sections 373.427(2)(a)-(c), F.S. Florida Statutes.
(12)(11) Upon issuance of the consolidated notice of denial or intent to issue or upon issuance of the recommended consolidated notice of denial or intent to issue pursuant to subsection (11)(10), the Department shall be deemed to be in compliance with the timeframes for approval or denial in Section 120.60(2), F.S. Florida Statutes. Failure to satisfy these timeframes shall not result in approval by default of the request for proprietary authorization.
(13)(12) Once the Department's consolidated intent becomes final, the Department shall prepare and mail the final agency action and a notice to proceed to the applicant, affected local governments, and all persons who requested in writing, notification pursuant to Section 373.413(3), F.S. Florida Statutes, and Rule Chapter 62-343, F.A.C. Florida Administrative Code. The permit shall include specific conditions necessary to help define the project or provide reasonable assurance that the project will meet applicable rules and statutes. If the Department has determined in the notice of consolidated intent that additional information, corrected plans or certain assurances are needed to ensure compliance with Florida Statutes, this Chapter and the permit, the Department shall require submittal of such by special condition. When this occurs, the Department will send the applicant a copy of the final agency action with appropriate instructions but will delay sending the notice to proceed until the required special conditions have been met. The permittee may not begin the activity until the notice to proceed has been received.
(13) through (16) renumbered (14) through (17) No change.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.0535, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98, .
62B-49.006 Fees.
(1) Each application for a joint coastal permit, except those applications filed by state agencies created pursuant to Chapter 20, Florida Statues, water management districts created pursuant to Chapter 373, Florida Statutes, and the U.S. Army Corps of Engineers, shall be accompanied by the full application fee which is based on the sum of fees as required in Rules 62-4.050, 62-312.060, 62-343.070, 62-312.060 and 62B-41.0085, 18-21.008, 18-21.009 and 18-21.010, F.A.C. Florida Administrative Code. Refer to the Departments Bureau of Beaches and Coastal Systems web page for an automated fee calculation tool. If requested, the processing fee shall be waived for state agencies established pursuant to Chapter 20, F.S. Florida Statutes. If the application includes a request to use sovereign submerged lands owned by the Board of Trustees, the fees required under Rules 18-21.009(1)(g), 18-21.010(1)(i) and 18-21.008(1)(a)8., Florida Administrative Code, shall also accompany the application except Sseverance and lease fees shall be paid prior to receipt of notice to proceed. Fees assessed pursuant to these rules are not refundable, except fees received for an activity that is exempt and fee payments in excess of the amount required by these chapters.
(2) When an application is received without the required fee, or with a fee that is less than the amount required, the Department shall begin processing the application. The Department shall calculate the full application fee based upon the information submitted, within 30 days of receipt of the application, request and notify the correct applicant of the calculated fee in a RAI. If the applicant fails to remit the calculated correct processing fee within 45 days of the subsequent response (or partial response) to the RAI, the Department shall deny the application pursuant to Section 373.109, F.S. Florida Statutes.
(3) The cost for publishing public notice of receipt of the application and public notice of intended agency action, as described in subsection 62B-49.005(8) F.A.C., shall be borne by the applicant. If the Department incurs publication costs as a result of the applicants failure to publish, the final permit notice to proceed shall not be issued until such costs are reimbursed.
Specific Authority 161.0535, 161.055, 373.427 FS. Law Implemented 161.0535, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98,_________.
62B-49.007 After-the-Fact Permits and Authorizations.
Specific Authority 161.054, 161.055, 161.061, 373.427 FS. Law Implemented 161.041, 161.0535, 161.055, 161.061, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98, Repealed __________.
62B-49.008 Permit Modifications.
(1) Applications for major modifications to activities authorized under existing permits shall be processed in the same manner as new permits except that the Department shall not require any information that which has already been furnished to the Department to be submitted again unless the site conditions on which the permit was issued have changed. Along with the application, tThe applicant shall submit a new application form, any changes to the permit drawings, and information demonstrating that the activity continues to meet the permitting requirements in this chapter, including physical or biological surveys that reflect the current conditions (if those surveys are pertinent to the proposed modification).
(2) Major modifications are design changes that are of such size or nature that they are expected to either increase the potential for adverse impact, or have a significantly different type of environmental impact, or impact resources at new locations.
(3) Applications for major modifications shall be accompanied by the full application fee, calculated and submitted according to Rule 62B-49.006, F.A.C. each of the processing fees set forth in Chapters 62-4, 62-343, 18-21.009(1)(g), 18-21.010(1)(i), 18-21.008(1)(a)8. and 62B-41, Florida Administrative Code, as applicable.
(4) Minor modifications are design changes that are not expected to either increase the potential for adverse impact or have a significantly different environmental impact than the authorized activity. Applications for minor modifications shall be accompanied by the calculated application fee, according to Rule 62B-49.006, F.A.C. Florida Administrative Code. A request for minor modifications shall not be considered a new application.
(5) Permit modifications shall include additional specific conditions or revisions to existing conditions that are necessary to provide reasonable assurance that the modified project will meet applicable rules and statutes.
(6)(5) The Department shall, fFor good cause and after notice to potentially affected parties and an administrative hearing pursuant to Section 120.569, F.S., if requested, the Department shall require the permittee to conform to new or additional conditions. An application from the permittee to modify the permit is not required for the Department to initiate such action. Upon a showing by the permittee that a specific period of time is required to comply with the new or additional conditions, the Department shall allow the permittee such time to conform to the new or additional conditions. For the purpose of this rule, good cause shall include any of the following:
(a) A showing of any change in the environment or surrounding conditions that would result in a violation of water quality standards pursuant to Rule 62-302.530, F.A.C. Florida Administrative Code, or would result in a significant adverse impact to the coastal system as defined in Rule 62B-41.002(6), F.A.C. Florida Administrative Code;
(b) A record of non-compliance with Department permits by the permittee, the authorized agent or the contractor for discharges into wetlands or other surface waters, a showing that the activity would result in a violation of the water quality standards under the amendment of or the enactment of any new law concerning activities seaward of the coastal construction control line, in sovereign submerged lands, or wetlands or other surface waters;
(c) Adoption or revision of Florida Statutes or, and implementing Department rules/ or standards that necessitate which require the modification of a permit condition to bring the permit into for compliance with the statute, rule or standard;
(d) To correct Eerrors or omissions in the permit with the consent of the permittee;
(e) To correct a permit as a result of the Ssubmittal of incorrect, inaccurate, or incomplete information in the application; or
(f) If Tthe activity or structure has become a danger to the public health or safety;.
(g) Issuance of a revised Biological Opinion by the
(h) A change in the classification of the waterbody.
(7) Issuance of the modification shall require notice to potentially affected parties. If an administrative hearing is held, the hearing may result in further modification of the permit or a denial of the modification request.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.0535, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98,_________.
62B-49.009 Emergency Permitting Procedures.
Specific Authority 161.055, 373.427 FS. Law Implemented 120.569, 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98, Repealed_______.
62B-49.010 Transfer of Permits and Authorizations.
(1) A permit and proprietary authorization, if required, are issued to a specified applicant and are not valid for any other person unless formally transferred. A permittee must make application to the Bureau of Beaches and Coastal Systems for a transfer of the permit and sovereignty submerged lands authorization upon the transfer of ownership or control of the real property or the upon sale or legal transfer of a permitted facility to a new party. Payment of a fee as set forth in Rule 62B-49.006, F.A.C. Florida Administrative Code, shall be required. Until such transfer takes place the original permittee remains responsible for the terms and conditions of the permit and the authorization, if applicable. An application for transfer shall include a signed written request for the transfer by the transferor. The application shall also include a signed written request for the transfer by the transferee, which includes the name, address and phone number of the transferee along with proof of ownership or authorization to use the property, and a signed certificate by the transferee acknowledging acceptance of responsibility as provided in this Chapter. A permit and an authorization, if required, shall not be transferred after expiration.
(2) through (4) No change.
Specific Authority 161.041, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98,________.
62B-49.011 Time Limits on Permits and Authorizations.
(1) Permits shall expire five years from the date of issuance unless a shorter period of time is requested by the applicant, the time period is limited by law or rule, or the permit authorizes an operation and maintenance phase pursuant to Section 373.416, F.S. Florida Statutes and Rules Chapters 62-312, 62-330 and 62-343, F.A.C Florida Administrative Code. If requested by an applicant, the Department shall issue a permit and an authorization, if applicable, for a longer term reasonably expected to be necessary for completion of the construction upon reasonable assurance that:
(a) through (b) No change.
(2) Permits and authorizations for maintenance of inlets that have an adopted inlet management plan in accordance with Section 161.142, F.S., that have an adopted inlet management plan and permits and authorizations for beach nourishment that maintain a previously authorized beach restoration template and that are consistent with the statewide strategic beach management plan pursuant to Chapter 62B-41.006, Florida Administrative Code, and Chapter 161.161, F.S. Florida Statutes, may be issued for periods up to ten (10) twenty-five (25) years.
(3) Permits and authorizations issued for longer than five (5) years may be renewed at intervals not to exceed five (5) years, as specified in the permit or authorization. Applications for renewal shall be assessed a processing fee and shall be subject to the requirements of this Chapter. Application for renewal shall not require information already provided to the Department to be submitted again unless site conditions existing at the time the permit was issued have changed. The applicant shall submit information to demonstrate that site or other conditions have not changed such that the permitted activity would no longer meet the permitting requirements of this Chapter.
(3)(4) Permits and authorizations shall be effective until the activity is certified complete or until expiration, whichever is earlier, unless suspended, revoked or surrendered according to Section 120.60, F.S. Florida Statutes, and Rule 62B-49.012, F.A.C. Florida Administrative Code. Sovereignty submerged lands aAuthorizations shall expire upon expiration of the permit unless otherwise noted in the authorization.
(4)(5) Once a permit or and, if required, an authorization has have expired, all construction activity authorized must cease unless a new permit and authorization, if necessary, is are approved.
(5)(6) The permittee or authorized agent may apply for a minor permit modification to extend request an extension of the expiration date of the permit by filing a written application request with the Bureau before the permit expiresation date and paying any fees required in Rule Chapter 62B-49.006, F.A.C. Florida Administrative Code. An application request will not be considered filed until the application request is received by the Bureau. A new joint coastal permit is required to continue maintenance of a project beyond ten (10) years.
(6)(7) In order to be eligible for a time extension the permittee must provide reasonable assurance that:
(a) Sufficient justification as to why the authorized construction could not be completed within the allotted period;
(b)(a) Reasonable assurance that tThe activity can be completed within the time extension requested (based on a schedule for completion included with the request); and
(c)(b) Reasonable assurance that nNo significant change in shoreline conditions, including biological habitat, has occurred since the original permit was issued.
(7)(8) Prior to issuing a modification for a time extension, the Department shall determine that the proposed activity is consistent with the statutes and rules in effect at the time the Department takes final agency action on the requested modification for extension. The Department shall deny an application request for a time extension modification if shoreline, habitat or other conditions have changed so that the project is no longer permittable under this chapter.
(8)(9) If the application for a permit modification to extend the permit expiration date an extension request is received prior to permit expiration, then the permit is still valid until the Department acts upon the extension request.
(9)(10) When the Department takes final agency action on the application for a permit modification to extend the permit expiration date a time extension request, the staff will notify by mail the applicant, affected local government and all persons who requested in writing notification pursuant to Section 373.413(3), F.S. Florida Statutes, and subsection 62B-49.005(7) Chapter 62-343, F.A.C. Florida Administrative Code.
(10)(11) The expiration date of time limit on a permit shall not be extended if application is made after expiration of the permit. No changes in the nature of the work will be considered in requests for time extensions.
(11)(12) No change.
(12)(13) The permittee shall comply with aAll special conditions of the permit, such as financial assurance or monitoring requirements shall be complied with as specified in the permit, including those that extend past the expiration date of the permit.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98,________.
62B-49.012 Suspension and Revocation.
(1) The following shall be grounds for suspension or revocation of a permit A permit shall be suspended or revoked if:
(a) No change.
(b) Section 161.041, Chapter 253 or Part IV of Chapter 373, F.S. Florida Statutes, or Rules Chapters 18-18, 18-20, 18-21 62B-41, 62-302, 62-312, 62-330, 62-343, 62-4 or 62B-41 62-4, F.A.C. Florida Administrative Code, as applicable, have been violated.
(2) A permit shall be summarily suspended, revoked or modified by the Department if shoreline conditions change such that the activity could result in a significant adverse impact as defined in Rule 62B-41.002, F.A.C. Florida Administrative Code, or violation of state water quality standards pursuant to Rule Chapter 62-302, F.A.C. Florida Administrative Code, or if the activity is determined to be inconsistent with Section Chapter 370.12, F.S. Florida Statutes, to cause or have caused conditions which endanger the public health, safety or welfare, or to render the previously authorized activity inconsistent with Sections Chapters 161.041, 161.055, Chapter 253, and Part IV of Chapter 373, F.S. Florida Statutes, Rules Chapters 18-18, 18-20 and 18-21, 62-312, 62-330, 62-343, 62-4, or 62B-41 F.A.C. Florida Administrative Code, and this chapter.
(3) No change.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 10-12-95, Amended 2-19-98,_________.
62B-49.013 General and Limiting Conditions.
(1)(a) through (b) No change.
(c) This permit does not eliminate the necessity to obtain any other applicable licenses or permits that which may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project that which are not addressed in this permit.
(d) through (h) No change.
(i) At least forty-eight (48) hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer) and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date and an affirmative statement that the permittee and the contractor, if one is to be used, have read the general and specific conditions of the permit and understand them.
(j) If historical or archaeological artifacts, such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time on the project site, the permittee shall immediately stop all activities in the immediate area that disturb the soil in the immediate locale and notify the State Historic Preservation Officer and the Bureau of Beaches and Coastal Systems (JCP Compliance Officer). In the event that unmarked human remains are encountered during permitted activities, all work shall stop in the immediate area and the proper authorities notified in accordance with Section 872.02, F.S.
(k) Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer) and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two paper copies and one electronic copy of as-built drawings submitted to the Bureau of Beaches and Coastal Systems (JCP Compliance Office) Department.
(2) The Department shall require additional permit conditions based on site specific circumstances to insure compliance with the provisions of this chapter. Any such additional conditions will be specified in the Intent to Issue or draft permit.
Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. HistoryNew 2-19-98, Amended________.
