The purpose and effect of the proposed rule amendment will be to allow the submission of electronic permit applications and supporting material for permits to construct sand-filled geotextile dune cores.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Beaches and Coastal Systems

RULE NO.: RULE TITLE:
62B-56.050: Permit Application Requirements and Procedures
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to allow the submission of electronic permit applications and supporting material for permits to construct sand-filled geotextile dune cores.
SUMMARY: The Department is undertaking an effort to reduce the amount of paper that is used and filed for official business. As part of that effort, the Department is amending its permitting rules to allow the submission of electronic permit applications by removing requirements to submit items in paper.
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 Department is removing requirements that application items be submitted on paper. Upon review the Department determined the amendment will not increase regulatory costs.
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: 161.053(21), 161.0535, 161.085(5) FS.
LAW IMPLEMENTED: 120.60, 161.053(2), (3), (5), 161.085(9) 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: February 19, 2013, 9:30 a.m.
PLACE: Florida Department of Environmental Protection, 4708 Capital Circle N.W., Tallahassee, Florida 32303
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 7 days before the workshop/meeting by contacting: Kamie Carney, 850-488-7816, [e-mail]. 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, 850-488-7816, [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

62B-56.050 Permit Application Requirements and Procedures.

(1) To apply for a construction and maintenance permit under this chapter, the applicant shall submit one signed original and two paper copies of the application form and supporting documents, plus one electronic copy of the same, to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, using Form 62B-56.900(1), entitled “Permit Application for Construction and Maintenance of a Reconstructed Dune” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, MS 300, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000; or at the following web site: www.dep.state.fl.us/beaches.

(2) No change.

(3) (a) through (f) No change.

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

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

2. One copy of Aany existing Incidental Take Permit from the U.S. Fish and Wildlife Service.

(h) No change.

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

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

1. through 9. No change.

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

1. through 5. No change.

6. Two copies of Form 62B-56.900(3), F.A.C., entitled “Sand Quality Assurance/Quality Control (QA/QC) Plan” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, MS 300, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000; or at the following web site: www.dep.state.fl.us/beaches. The QA/QC plan shall detail measures for testing, screening, handling, monitoring and remediation of all excavated or filled material and shall include mechanisms to ensure that only beach compatible sand is placed on the project site; and

7. No change.

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

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

(n) No change.

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

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

(q) Two copies of Ddimensioned cross-sections drawn to an appropriate scale, in on 8 1/2 by 11 inch format paper, showing:

1. through 4. No change.

(4) through (9) No change.

Rulemaking Authority 161.053(21), 161.0535, 161.085(5) FS. Law Implemented 120.60, 161.053(2), (3), (5), 161.085(9) FS. History–New 6-22-09, Amended __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson, Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel Vinyard, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 22, 2012