The purpose of this rulemaking is to implement Laws of Florida 2012-65 and make revisions necessary to clarify the language in the Chapter.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NOS.:RULE TITLES:

62B-49.001Scope

62B-49.002Definitions

62B-49.004Consultation

62B-49.005Application Requirements and Processing Procedures.

62B-49.006Fees

62B-49.008Permit Modifications

62B-49.010Transfer of Permits and Authorizations

62B-49.011Time Limits on Permits and Authorizations

62B-49.012Suspension and Revocation

62B-49.013General Conditions

PURPOSE AND EFFECT: The purpose of this rulemaking is to implement Laws of Florida 2012-65 and make revisions necessary to clarify the language in the Chapter.

SUMMARY: Chapter 62B-49, F.A.C., establishes the Joint Coastal Permit program. Activities that would have required both a coastal construction permit and an environmental resource permit are authorized by a single joint coastal permit. The Department proposes to amend Chapter 62B-49 and add new rules to implement the Laws of Florida 2012-65. The Department also proposes to clarify language in order to reduce confusion in the permitting process and reduce Requests for Additional Information (RAI’s). The Department proposes to add conditions and amend portions to expedite the permitting process. Lastly, the Department proposes to amend procedures to allow for electronic submittal of applications.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the proposed amendments are designed to clarify the rule language, expedite the permitting process, and implement the Laws of Florida 2012-65. None of the amendments impose a new regulatory cost.

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.

RULEMAKING AUTHORITY: 161.041(8), 161.0535, 161.055(1), (2), 373.427(1) FS.

LAW IMPLEMENTED: 161.041(8), (9), 161.0535, 161.055(1), (2), (3), 373.109, 373.427(1), (2), (3), (4), (5), (6), 403.061(44) 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: March 3, 2014, 9:30 a.m.

PLACE: 2600 Blairstone Road, Room 609, Tallahassee, FL, 32399. If preferred, a live Webinar will be available. Participants may register at https://www2.gotomeeting.com/register/433121034.

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 5 days before the workshop/meeting by contacting: Bureau of Personnel Services at [phone].. 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: Kamie Carney, Department of Environmental Protection, Mail Station #3590, 2600 Blairstone Road, Tallahassee, Florida 32399, [phone], or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62B-49.001 Scope.

This chapter implements the provisions of Section 161.055 and 373.427, F.S., 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 establish 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. In addition, this chapter 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 an environmental resource or wetland resource permits pursuant to Chapter 62-312, F.A.C., and the rules adopted under Chapter 62-330, F.A.C., the coastal construction criteria pursuant to Chapter 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 proprietary authorizations are found in Chapters 18-18, 18-20, 18-21, F.A.C.

Rulemaking Authority 161.055(1), (2), 373.427(1) FS. Law Implemented 161.041, 161.055(1), (2), (3), 373.427(1), (2), (3), (4) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,____________.

 

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., an environmental resource or wetland resource permit pursuant to Part IV of Chapter 373, F.S., and a proprietary authorization to use sovereignty submerged lands pursuant to Chapter 253 or 258, F.S.

(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., Part IV of Chapter 373, F.S., and Chapter 253 or 258, F.S.

(2)(3) No change.

(3)(4) No change.

(4)(6) No change.

(5)(7) No change.

(5) “Bureau” is the Bureau of Beaches and Coastal Systems of the Department of Environmental Protection. The head of the Bureau is the Chief.

(6)(9) “Joint Coastal Permit” (JCP) or “Permit” is a document authorizing an applicant to conduct an activity pursuant to both Section 161.041, F.S., and Part IV of Chapter 373, F.S., and authorization to use sovereign submerged land pursuant to Chapter 253, F.S. as provided in this chapter.

(7)(10) No change.

(8)(11) “Notice to Proceed” is the formal notification from the Department Bureau authorizing a permitted activity to commence.

(8) “Environmental Resource Permit” is a standard general or individual environmental resource permit, including a short form or standard form wetland resource (dredge and fill) permit issued under Part IV of Chapter 373, F.S., but excluding noticed general environmental resource permits.

(9)(13) No change.

(10)(14) “Request for Additional Information” or “RAI” is a written document from the Department to an applicant identifying errors, omissions or clarifications in the application information that must be provided by the applicant to complete the application.

(11)(16) “Substantial Revision” is a request by the applicant to revise a complete pending permit application such that the proposed changes would alter 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.

(12) “Permit Condition” is a statement or stipulation appearing on or referenced in a permit, compliance with which is necessary for the continued validity of the permit or the issuance of a notice to proceed.

(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. This also includes those lands located seaward of an established erosion control line.

Rulemaking Authority 161.041, 161.055(1), (2), 373.427(1) FS. Law Implemented 161.041, 161.055(1), (2), (3), 373.427(1), (2), (3), (4), (6) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,__________.

 

62B-49.004 Consultation.

Rulemaking Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, 5-17-07. Repealed__________.

 

62B-49.005 Application Requirements and Processing Procedures.

(1) In order to make application for a joint coastal permit, the applicant shall submit one signed original and two (2) paper copies of the Joint Application for Joint Coastal Permit and Authorization to Use Sovereignty Submerged Lands (DEP Form 73-500, effective XX-XX), which is hereby incorporated by reference, in a searchable electronic format. Copies of the form may be obtained by downloading from the Department’s web page, www.dep.state.fl.us/beaches http://www.flrules.org/Gateway/reference.asp?No=Ref-03738. When submitting the digital information on physical media, the applicant shall use the following standards: 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 DEP Form 73-500 (revised 5-17-07), 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 Bureau’s web page.

(a) Submit geotechnical data in electronic file format suitable for input to the Department’s Reconnaissance Offshore Sand Search (ROSS) database. The data may be submitted in Excel, Access or gINT files;

(b) Submit Geographic Information System (GIS) data (.shp, .dwg or .dxf or other GIS compatible format) that has been projected into the appropriate Florida State Plane coordinate system. Metadata shall be included using the Federal Geographic Data Committee (FGDC) standard. Metadata may be submitted in .xml format if included as part of the shapefile, in a .txt file if sent separately, or other convertible file;

(c) Use electronic signatures, pursuant to Ch. 668, F.S.;

(d) Use electronic professional certifications, pursuant to Section 471.025, F.S.;

(e) Appendices or attachments shall be separate electronic files indexed to the JCP Application. Each individual appendix or attachment file shall be labeled with the corresponding item number from the JCP Application Form and with the subject of the contents; and

(f) Submit the application and cover letter by email; or to a web page set up by the Department to receive electronic JCP applications; or on an electronic storage devise mailed to the Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3544, Tallahassee, Florida 32399.

(2) The applicant shall provide the specific information required by this chapter, Section 161.041, Chapter 253 and, Part IV of Chapter 373, F.S., and Chapters 18-18, 18-20 and 18-21, F.A.C., as well as Chapters 62B-41, 62-330, 62-343, and 62-4, and 62-312, F.A.C.

(3) Within 30 days of receipt of an application for a JCP 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 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. The applicant may waive the thirty (30) day time limit specified under Sections 120.60(1), F.S.

(4) An application shall be denied if the applicant fails to provide all the additional information requested in the RAI 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 complete response. If the inactive application is voluntarily withdrawn after paying the application fee, and a new application is submitted within one year after the withdrawal date, the applicant would not have to repay the application fee that was paid for the previous application.

(5) All applications shall be processed and reviewed according to the time requirements specified by Sections 120.60, 161.055 and 373.427, F.lorida S.tatutes.

(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 Aquatic Preserve 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.

(6)(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 email notice of such intended agency action on that specific application.

(7)(8) In addition to the notice required in subsections (6) and (7) above, Tthe Department shall require an applicant to publish in a newspaper of general circulation in the area affected by the proposed activity, 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 party’s rights under Section 120.57, F.S. If the applicant fails to publish the any notice of intended agency action required by the Department within 30 days, as provided in this chapter, and to provide proof of publication (in the form required by Sections 50.041 and 50.051, F.S.) within 21 days of publication, the Department shall deny the application.

(8)(9) No change.

(9)(10) No change.

(10)(11) When 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 recommended consolidated notice of intent to issue and take final agency action in accordance with the procedures in Sections 373.427(2)(a)-(c), F.S.

(11)(12) Upon issuance of the consolidated notice of denial or consolidated notice of intent to issue or upon issuance of the recommended consolidated notice of denial or recommended consolidated notice of intent to issue pursuant to subsection (10), the Department shall be deemed to be in compliance with the timeframes for approval or denial in Section 120.60(2), F.S. Failure to satisfy these timeframes shall not result in approval by default of the request for proprietary authorization.

(12)(13) Once the Department’s consolidated intent becomes final, the Department shall prepare and email mail the final agency action to the applicant, affected local governments, and all persons who requested, in writing, notification pursuant to Section 373.413(3), F.S., and Chapter 62-330 62-343, F.A.C. 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.

(14) If a substantial revision is made to an application before it is complete, the application shall be deemed amended. The amended application shall be treated in all respects as a new application and the time limits set out in Section 120.60, Florida Statutes, for processing shall begin anew.

(13)(15) If a substantial revision to a complete application is received, the Department shall notify the applicant that an amended application cannot be accepted unless the applicant agrees in writing to restart the time periods of Section 120.60(2), F.lorida S.tatutes, and to submit a complete additional processing fee required for the project, as amended, pursuant to this chapter.

(14)(16) 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 Chapter 120.60, F.lorida S.tatutes, and provides the additional information required to reanalyze the application.

(15)(17) No change.

Rulemaking Authority 161.055(1), (2), 373.427(1) FS. Law Implemented 20.255(8), 120.569, 120.57, 161.041, 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5), (6), 403.061(44) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, ___________.

 

62B-49.0055 Expedited Permitting Process for Maintenance Projects.

(1) Beach nourishment and inlet management projects that are constructed and maintained with no substantial changes in project scope are eligible for a simplified and expedited permitting process under the following criteria:

(a) Physical and biological site conditions have not changed since the previously permitted construction of the project such that the project would not result in a violation of water quality standards or additional adverse impacts greater than those anticipated by the previous permitted project;

(b) Physical monitoring data and analysis has shown the project has performed according to design expectations;

(c) The project has met performance expectations, with due regard for storm impacts, by maintaining the beach restoration or inlet management project through the design nourishment interval or inlet maintenance cycle;

(d) The advance nourishment fill volume for the proposed project is not greater than the design volume used in the preceding events after an allowance for incidental erosion of the design profile (backshore berm);

(e) Biological monitoring data and analysis has shown no additional adverse impacts greater than those anticipated by the original permitted project;

(f) The applicant has conducted and submitted to the Department all the physical and biological monitoring data and analysis, as well as mitigation required by permits for the preceding project.

(2) The following application process is available for maintenance projects that are eligible for expedited review:

(a) The applicant shall submit the Joint Coastal Permit application and request processing of the permit application in accordance with Rule 62B-49.0055, F.A.C.;

(b) The Department shall process and review the application within time requirements specified by Sections 120.60, 161.055 and 373.427, Florida Statutes.

(c) If the Department determines the application for an eligible project to be incomplete, the Department will make a request for additional information within 30 days after receipt of the application.

(d) If the Department determines the application is not eligible for processing of the permit application in accordance with Rule 62B-49.0055, F.A.C., the Department will cite the specific criterion for eligibility under this rule and the related facts and circumstances, which do not justify an expedited permitting process under this rule. In such cases, the Department will include a request for any additional information necessary for a detailed review of the proposed activity.

(3) The applicant will not be required to submit to the Department the following information for projects eligible for expedited permitting as numbered on the Joint Application For Joint Coastal Permit: item numbers 6, 7, 8, 9, 10, 11, 12, 13, 14d, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25.

(4) The use of a new sand source that was not included in the permit for the preceding beach nourishment will be eligible for expedited permit processing under this rule, if no additional adverse impacts, greater than those anticipated by the original permitted project, are expected. The applicant will submit the Application information required by item numbers 11, 12, 16, 17, and 20 for the proposed sand source.

(5) The Department shall include additional specific conditions or revisions to conditions contained in the permit for the preceding project, including monitoring and measures used to minimize adverse effects to water quality, that are necessary to provide reasonable assurance that the maintenance project will meet applicable rules and statutes.

Rulemaking Authority 161.041(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 161.041(8), 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5) FS. History–New___________.

 

62B-49.006 Fees.

(1) Each application for a joint coastal permit, except those applications filed by the U.S. Army Corps of Engineers and the Department, shall be accompanied by the full application fee which is based on the sum of fees required in Rules 62-4.050, 62-312.060, 62-343.070, 62B-41.0085, 18-21.008, 18-21.009 and 18-21.010 18-10.010, F.A.C. Refer to the Department’s Bureau of Beaches and Coastal Systems web page for an automated application fee calculation tool. Severance 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. If an inactive application is voluntarily withdrawn by the applicant after paying the application fee, and a new application is submitted within one year after the withdrawal date, the applicant would not have to repay the application fee that was paid for the previous application.

(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, and notify the applicant of the calculated fee in a an “RAI.” If the applicant fails to remit the calculated 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.

(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 applicant’s failure to publish, the final permit shall not be issued until such costs are reimbursed.

(4) In addition to application fees, severance fees, private easement fees and lease fees shall be paid prior to receipt of notice to proceed.

Rulemaking Authority 161.0535, 161.055(1), (2), 373.427(1) FS. Law Implemented 161.0535, 161.055(1), (2), 373.109, 373.427(5) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,_____________.

 

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 has already been furnished to the Department to be submitted again unless the site conditions on which the permit was issued have changed. The 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). The applicant may rely on information previously submitted to the Department in the original application if that information still reflects the current conditions.

(2) through (5) No change.

(6) The Department shall, for good cause and after notice to potentially affected parties and an administrative hearing pursuant to Section 120.569 and 120.57, F.S., if requested, require the permittee to conform to new or revised additional conditions. An application from the permittee to modify the permit is not required for the Department to initiate such action, known as an administrative modification. 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., or would result in a significant adverse impact to the coastal system as defined in subsection 62B-41.002(6), F.A.C.;

(b) through (f) No change.

(g) Issuance of a new or revised Biological Opinion by the U.S. Fish & Wildlife Service or the National Marine Fisheries Service; or

(h) No change.

(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.

Rulemaking Authority 161.055(2), 373.427(1) FS. Law Implemented 120.569, 120.57, 161.041, 161.0535, 161.055(1), (2), (3), 373.427(1), (2), (4), (5) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,_____________.

 

62B-49.010 Transfer of Permits and Authorizations.

(1) A permit and proprietary authorization are issued to a specified applicant and are not valid for any other person unless formally transferred. A permittee must make application to the Department 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 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., 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 shall not be transferred after expiration.

(2) No change.

(3) If a financial assurance was previously required, the Department will release the financial assurance instrument from the previous permittee once it has received a new financial assurance instrument from the new permittee such financial assurance shall be provided by the transferee as a condition of approval of the transfer.

(4) No change.

Rulemaking Authority 161.055(2), 161.041, 373.427(1) FS. Law Implemented 161.041, 161.055(1), (2), (3), 373.427(1), (2), (4), (5) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,____________.

 

62B-49.011 Time Limits on Permits and Authorizations.

(1) Joint Coastal Permits shall be issued with the following durations: 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, as in the case of experimental coastal construction, pursuant to Chapter 62B-41, F.A.C., where the permit duration is limited to three years, or the permit authorizes an operation and maintenance phase pursuant to Section 373.416, F.S., and Chapters 62-312, 62-330 and 62-343, F.A.C. If requested by an applicant, the Department shall issue a permit and an authorization, for a longer term reasonably expected to be necessary for completion of the construction upon reasonable assurance that:

(a) Fifteen (15) years, or at least two construction events, for beachrestoration, beach nourishment or disposal of dredged material onto thebeach.If the permittee is unable tocomplete two events within 15 years, they may request, and the Department shallgrant, an extension of the permit expiration date in order to allow completionof the second event.The extension wouldbe documented through an administrative modification. The activity for which the permit is tobe granted cannot reasonably be expected to be completed within five years aftercommencement of construction;and

(b) Three (3) years for experimental coastal construction, pursuant to Chapter 62B-41, F.A.C.; and The impacts of the activity, considering its nature, the size of the system and any required mitigation, can be accurately assessed, and offset where appropriate, and the terms of the permit can be met for the duration of the period requested.

(c) Five (5) year construction phase and perpetual operation and maintenance phase, pursuant to Section 373.416, F.S., for sand transfer plants and mitigation for erosion from erosion control structures that require long-term operation and maintenance.

(2) Permits and authorizations for maintenance of inlets 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 Section 161.161, F.S., shall be issued for periods up to ten (10) years unless the Department determines that a shorter duration is necessary to avoid or minimize environmental impacts or a shorter duration is requested by the applicant

(2)(3) 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., and Rule 62B-49.012, F.A.C. Sovereignty submerged lands authorizations shall expire upon expiration of the permit unless otherwise noted in the authorization.

(3) Sovereignty submerged lands authorizations shall expire upon expiration of the permit unless otherwise noted in the authorization.

(4) No change.

(5) The permittee or authorized agent may apply for a minor permit modification to extend the expiration date of the permit by filing a written application with the Department Bureau before the permit expires and paying any fees required in Rule 62B-49.006, F.A.C. An application will not be considered filed until the application is received by the Department Bureau. A new joint coastal permit is required to continue maintenance of a project beyond the expiration date of the permit ten (10) years.

(6) through (8) No change.

(9) When the Department takes final agency action on the application for a permit modification to extend the permit expiration date, the staff will notify by email mail the applicant, affected local government and all persons who requested in writing notification pursuant to Section 373.413(3), F.S., and subsection 62B-49.005(7), F.A.C.

(10) through (12) No change.

Rulemaking Authority 161.041(8), 161.055(2), 373.427(1) FS. Law Implemented 161.041(9), 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,____________.

 

62B-49.012 Suspension and Revocation.

(1) The following shall be grounds for suspension or revocation of a permit:

(a) No change.

(b) Section 161.041, Chapter 253 or Part IV of Chapter 373, F.S., or Chapters 18-18, 18-20, 18-21, 62-302, 62-312, 62-330, 62-343, 62-4, or 62B-41, F.A.C., 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., or violation of state water quality standards pursuant to Chapter 62-302, F.A.C., or if the activity is determined to be inconsistent with Section 379.2431, F.S., to cause or have caused conditions which endanger the public health, safety or welfare, or to render the previously authorized activity inconsistent with Sections 161.041, 161.055, Chapter 253, and Part IV of Chapter 373, F.S., Chapters 18-18, 18-20 and 18-21, F.A.C., Chapters Chapter 62-312, 62-330, 62-343, 62-4, or 62B-41, F.A.C., or and this chapter.

(3) All suspensions and revocations will be processed according to Section 120.60, F.lorida S.tatutes, and all Uniform rules as referenced in Chapter 120.54, F.lorida S.tatutes.

Rulemaking Authority 161.055(1), (2), 373.427(1) FS. Law Implemented 161.041, 161.055(1), (2), 373.427(1), (2), (3), (4) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07,___________.

 

62B-49.013 General Conditions.

(1) The following permit conditions shall apply to all permits issued pursuant to this chapter:

(1)(a) All activities authorized by this permit shall be implemented as set forth in the Project Description, permit drawings, plans and specifications approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required pursuant to Rule 62B-49.008, F.lorida A.dministrative Code.

(2)(b) If, for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department Bureau of Beaches and Coastal Systems and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

(3)(c) No change.

(4)(d) Pursuant to Sections 253.77 and 373.422, F.S., prior to conducting any works or other activities on state-owned submerged lands, or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of sovereignty land of Florida seaward of the mean high-water line, or, if established, the erosion control line, unless herein provided and the necessary title, lease, easement, or other form of consent authorizing the proposed use has been obtained from the State. The permittee is responsible for obtaining any necessary authorizations from the Board of Trustees of the Internal Improvement Trust Fund prior to commencing activity on sovereign lands or other state-owned lands.

(5)(e) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Section 373.421(2), F.lorida S.tatutes, provides otherwise.

(6)(f) No change.

(7)(g) This permit or a copy thereof, complete with all conditions, permit drawings, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

(8)(h) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated.

(9)(i) At least forty-eight (48) hours prior to commencement of activity authorized by this permit, the permittee shall electronically submit to the Department 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.

(10)(j) If any prehistoric or historic or archaeological artifacts, such as, but not limited to, pottery or ceramics, stone tools or metal implements, shipwreck remains or anchors, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement Indian canoes, arrow heads, pottery or physical remains, are encountered discovered at any time within on the project site area, the permitted project shall cease permittee shall immediately stop all activities involving subsurface disturbance in the immediate vicinity of such discoveries. area that disturb the soil in the immediate locale and The permittee, or other designee, shall contact notify the Florida Department of State, Division of Historical Resources, Compliance and Review Section at 850.245.6333 or 800.847.7278, as well as the appropriate permitting agency office State Historic Preservation Officer and the Bureau of Beaches and Coastal Systems (JCP Compliance Officer). Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately in the immediate area and the proper authorities notified in accordance with Section 872.05 872.02, F.S.

(11)(k) Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall electronically submit to the Department 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 electronically submitted to the Department Bureau of Beaches and Coastal Systems (JCP Compliance Office).

(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.

Rulemaking Authority 161.041(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 161.041(8), 161.055(1), (2), 371.421(2), 373.427(1), (2), (3), (4), 872.02 FS. History–New 2-19-98, Amended 5-17-07,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January17, 2013