Scope, Definitions, Application Requirements and Processing Procedures., Expedited Permitting Process for Maintenance Projects, Fees, After-the-Fact Permits and Authorizations (Repealed), Time Limits on Permits and Authorizations, Suspension and ...
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62B-49.001Scope
62B-49.002Definitions
62B-49.005Application Requirements and Processing Procedures.
62B-49.0055Expedited Permitting Process for Maintenance Projects
62B-49.006Fees
62B-49.007After-the-Fact Permits and Authorizations (Repealed)
62B-49.011Time Limits on Permits and Authorizations
62B-49.012Suspension and Revocation
62B-49.013General Conditions
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40 No. 26, February 7, 2014 issue of the Florida Administrative Register.
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 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 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. When applying for a joint coastal permit, iIn 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 permit pursuant to 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.
62B-49.002 Definitions.
For purposes of this chapter, the following definitions shall apply:
(1) No change.
(2) “Advance Nourishment” (fill) is the material placed seaward of the permitted design profile to allow for erosion between nourishment events.
(3) “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) to (5) Renumbered as (4) to (7) No change.
(8)(6) “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 soverign submerged lands pursuant to Chapter 253, F.S.
(7) to (9) Renumbered as (9) to (11) No change.
(12)(10) “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 corrected or provided by the applicant to complete the application.
(13)(11) “Substantial Revision” is a request by the applicant to revise a pending complete 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.
62B-49.005 Application Requirements and Processing Procedures.
(1) To apply In order to make application for a joint coastal permit, the applicant shall submit the Joint Application for Joint Coastal Permit and Authorization to Use Sovereignty Submerged Lands (DEP Form 73-500, effective XX-XX) (“JCP Application Form”), which is hereby incorporated by reference, along with supporting documents, all in a searchable electronic format. Copies of the form may be obtained by downloading from the Department’s web page at http://www.dep.state.fl.us/beaches/publications/forms/enabled/73-500-JCPApplication.pdf, or from the Department of State’s web page at 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:
(a) Submit geotechnical data in electronic file format suitable for input to the Department’s Regional Reconnaissance Offshore Sand Source Inventory Search (ROSSI) database. The data may be submitted in Excel, Access or gINT files;
(b) No change.
(c) Use electronic signatures, pursuant to Ch. 668, F.S.;
(d) Use electronic professional certifications, pursuant to Section 471.025, F.S.;
(e) Provide aAppendices or attachments as shall be separate electronic files indexed to the JCP Application. Each individual appendix or attachment file shall be indexed to and 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 to BIPP@dep.state.fl.us;. For documents and/or plans that are too large to send via E-mail (greater than 20mb), upload documents to the Department’s external JCP FTP Site at ftp://ftp.dep.state.fl.us/pub/incoming/beaches_jcp/ or to a web page set up by the Department to receive electronic JCP applications;. When submitting an application on an electronic storage device, mailed the package to the Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3544, Tallahassee, Florida 32399.
(g) If the applicant provides a written statement that the electronic submittal requirements pose a substantial technical or financial hardship, those requirements are waived, and documents may be submitted, along with the statement, to the above address.
(h) Paper and electronic applications and notices must be filed with the Department during normal business hours. Paper and electronic applications or notices received after 5:00 PM (Eastern Standard Time) shall be deemed as filed as of 8:00 AM on the next regular business day.
(2) No change.
(3) Within 30 days of receipt of an application for a JCP, the Department shall review the application to determine whether the application includes all information needed for a complete evaluation of the proposed project. application has been submitted. If the Department determines the application is to be incomplete, the Department shall send an RAI will make a request for additional information within 30 days after receipt of the application. Within30 days after receipt of each submittal of additional information, the Department shall determine whether the application is complete, and if it is not complete, 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 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 an applicant withdraws an application for a joint coastal permit prior to agency action, any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the previous application was withdrawn, provided the activity is located within all or part of the same project area. In such a case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. Processing fees previously paid for an application or notice that was denied by the agency shall not be applied to a new or revised application or notice. 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) 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.S., and to submit a complete additional processing fee required for the project, as amended, pursuant to this chapter.
(6) When the authority to take final action on a 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 Section 120.60(1), F.S., at any time.
(7) 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) through (c), F.S.
(8) The applicant 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 120.569 and 120.57, F.S.
(9) 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 (7), 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.
(10) The Department shall require an applicant to publish in a newspaper of general circulation in the area affected by the proposed activity, a 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 notice of intended agency action required by the Department within 30 days of the issuance of the consolidated notice of intent to issue 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.
(11) Once the challenge period has passed (as specified in the notice of rights), the Department’s consolidated intent becomes final, and the Department shall prepare and mail the final agency action to the applicant, affected local governments, and all persons who requested, in writing, such notification. 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.
(5) All applications shall be processed and reviewed according to the time requirements specified by Sections 120.60, 161.055 and 373.427, F.S.
(6) 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) The Department shall require an applicant to publish in a newspaper of general circulation in the area affected by the proposed activity, a 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 notice of intended agency action required by the Department within 30 dats, 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) The applicant 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 Section 120.567 and 120.57, F.S.
(9) When the authority to take final action on a 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), 161.055 and 373.4141, F.S., at any time.
(10) When the authority to take final action on a request for proprietary authorization has not been delegated toC the Department, the Department shall review the application, issue a recommended consolidated notice of denial or reccommended 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) 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) Once the Department’s consolidated intent becomes final, the Department shall prepare and email 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, 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.
(13) 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.S., and to submit a complete additional processing fee required for the project, as amended, pursuant to this chapter.
(14) 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.S., and provides the additional information required to reanalyze the application.
(15) Failure to meet any timeframe in this section shall not result in an approval by default of the request for proprietary authorization.
62B-49.0055 Expedited Permitting Process for Maintenance Projects.
(1) No change.
(a) Physical and biological site conditions have not changed since the previously permitted construction of the proposed project such that the project, permitted pursuant to this section, 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 have has shown the project has performed according to design expectations;
(c) No change.
(d) The advance nourishment fill volume for the proposed project is not greater than the advance nourishment fill design volume authorized used in the preceding permit events after an allowance for incidental erosion of the design profile (backshore berm);
(e)Biological monitoring data and analysis have has shown no detected no additional adverse impacts which have resulted in a compliance and enforcement action greater than those anticipated by the original permitted project; and
(f) No change.
(2) The following application process is available for maintenance projects that are eligible for expedited review:
(a) through (b) No change.
(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) Renumbered (c) No change.
(3) through (5) No change.
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, 62B-41.0085, 18-21.008, 18-21.009 and 18-21.010, F.A.C. Refer to the Department’s web page for an automated application fee calculation tool. 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 applicant withdraws an application for a joint coastal permit prior to agency action, any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the previous application was withdrawn, provided the activity is located within all or part of the same project area. In such a case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. Processing fees previously paid for an application or notice that was denied by the agency shall not be applied to a new or revised application or notice. All fees submitted will be verified for accuracy by Department staff. 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 “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) through (4) No change.
62B-49.011 Time Limits on Permits and Authorizations.
(1) Joint Coastal Permits shall be issued with the following durations:
(a) Unless a shorter duration is requested by an applicant, a Joint Coastal Permit issued for activities authorized by Section 161.041(9), F.S., and Part IV of Chapter 373, F.S., will allow for two maintenance or dredging disposal events or a permit life of 15 years, whichever is greater, subject to the requirements of this Chapter. Fifteen (15) years, or at least two construction events, for beach restoration, beach nourishment or disposal of dredged material onto the beach. If the permittee is unable to complete two events within 15 years, they may request, and Tthe department will shall grant, an extension of the permit expiration date to the extent necessary for completion of the second maintenance or dredging disposal event upon request by the applicant in order to allow completion of the second event. The extension would be documented through an administrative modification.
(b) No change.
(c) Five (5) years for the construction phase and perpetual operation and maintenance phase, pursuant to Section 373.416, F.S., for sand transfer plants, ocean fishing piers and mitigation for erosion from erosion control structures that require long-term operation and maintenance.
(2) through (4) No change.
(5) The permittee or authorized agent may apply for a minor permit modification to extend the expiration date of a the permit issued for less than 15 years by filing a written application with the Department 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. A new joint coastal permit is required to continue maintenance of a project beyond the expiration of the permit.
(6) In order to be eligible for a time extension the permittee must provide:
(a) through (c) No change.
(d) The extended permit duration shall not exceed 15 years unless the on-going construction could not be completed within the allotted period.
(7) 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 mail email 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(8) 62B-49.005(7), F.A.C.
(10) through (12) No change.
62B-49.012 Suspension and Revocation.
(1) No change.
(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 62-330, 62-343, 62-4, or 62B-41, F.A.C., or this chapter.
(3) No change.
62B-49.013 General Conditions.
The following permit conditions shall apply to all permits issued pursuant to this chapter:
(1) All activities authorized by this permit shall be implemented as set forth in the pProject dDescription, 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.A.C.
(2) through (3) No change.
(4) 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.
(5) through (6) No change.
(7) 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) No change
(9) At least forty-eight (48) hours prior to commencement of activity auhtorized by this permit, the permittee shall electronically submit to the Department at JCPCompliance@dep.state.fl.us, (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) No change.
(11) 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 at JCPCompliance@dep.state.fl.us, (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 as-built drawings electronically submitted to the Department at JCPCompliance@dep.state.fl.us (JCP Compliance Officer).
Additionally, the Department has made changes in the form titled “Joint Application for Joint Coastal Permit and Authorization to Use Sovereignty Submerged Lands” (DEP Form 73-500, effective XX-XX) (“JCP Application Form”), which are described as follows: Update ROSSI information on geotechnical data submittals. Deleted fee calculator reference. Identified what is considered “significant” resource. Clarified purpose of “sufficient number” of cross sections. Updated time frames to be consistent of time changes. Made terminology consistent and spelled out abbreviations. Allowed for electronic submittals of applications and fees.
