Current through Reg. 50, No. 187; September 24, 2024
(1) To apply for a construction and
maintenance permit under this chapter, the applicant shall submit the
application form and supporting documents to the Department of Environmental
Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400,
using Form 62B-56.900(1),
entitled "Permit Application for Construction and Maintenance of a
Reconstructed Dune" (effective 6-22-09), which is incorporated by reference.
Copies of forms may be obtained by writing to the Department of Environmental
Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or
at the following website: www.dep.state.fl.us/beaches.
(3) The applicant shall
provide the specific information set forth below:
(a) Name, mailing address, and telephone
number of the property owner and of any duly authorized agent making the
application on behalf of the owner, and the signature of the
applicant.
(b) A statement
describing the proposed project and providing the street address.
(c) The name and mailing address of the
owners of the adjacent properties, exclusive of street-ends or
easements.
(d) A Construction and
Maintenance Permit application fee as set forth in rule
62B-56.130, F.A.C.
(e) Sufficient evidence of ownership
including the legal description of the property for which the permit is
requested. Examples of evidence of ownership may include a copy of an executed
warranty deed bearing evidence of appropriate recordation; a copy of a long
term lease-purchase agreement, or contract for deed; a copy of a property tax
receipt bearing the name and address of the current owner; articles of
condominium bearing evidence of appropriate recordation (for condominiums); or,
the cooperative documents defined in section
719.103(13)(a),
F.S. (for residential cooperatives). Other documents submitted as evidence of
ownership shall be reviewed by the staff and shall be rejected if found not to
be sufficient. A copy of a quitclaim deed, a purchase contract, an affidavit
from the owner, or a tax record obtained from an Internet website (unless
obtained from an authenticated official county record) is not sufficient
evidence of ownership. Ownership information shall include a copy of the
recorded property deed, using business or person's name, the year that it was
recorded, document number, and the official record book, page and parcel
number.
(f) Written evidence
provided by the appropriate local governmental entity, political subdivision,
or municipality having jurisdiction over the activity, that the proposed
activity as submitted to the Bureau does not contravene local setback
requirements or zoning codes.
(g)
Information concerning impacts to natural plant communities and nesting state
or federally threatened or endangered species, including:
1. A biological assessment of habitat quality
of natural plant communities and potential nesting state or federally
threatened or endangered species whose range includes the subject property,
using Form 62B-56.900(4),
entitled "Biological Assessment" (effective 6-22-09), which is incorporated by
reference. Copies of forms may be obtained by writing to the Department of
Environmental Protection, Bureau of Beaches and Coastal Systems, MS 300, 3900
Commonwealth Blvd., Tallahassee, FL 32399-3000; or at the following website:
www.dep.state.fl.us/beaches.
2. Any existing Incidental Take Permit from
the U.S. Fish and Wildlife Service.
(h) Written commitment from financial
institution or insurance company demonstrating that financial assurance can be
obtained, and a completed copy of Form
62B-56.900(2),
entitled "Financial Assurance Worksheet" (effective date 6-22-09), pursuant to
rule 62B-56.090, F.A.C. This form is
incorporated by reference. Copies of forms may be obtained by writing to the
Department of Environmental Protection, 2600 Blairstone Road, MS 3522,
Tallahassee, Florida 32399-2400; or at the following website:
www.dep.state.fl.us/beaches.
(i) A signed and sealed survey of the subject
property. The information depicted on the drawing shall be from a field survey
conducted not more than six months prior to the date of the application. The
survey shall comply with the requirements given in rule
62B-56.080, F.A.C.
(j) A dimensioned site plan. The drawings
shall be signed and sealed by a professional engineer licensed in the State of
Florida. The site plan shall include:
1. The
locations and exterior dimensions of the reconstructed dune, including the
location of the dune core and all activities, and the perpendicular distances
from the Coastal Construction Control Line (CCCL) to the seaward limits of the
dune core, the dune toes and the reconstructed dune.
2. Dimensions and locations of the foundation
outlines of any existing structures on adjacent properties and distances from
the CCCL to the seaward corners of the foundations of any existing structures
and the seaward limit of any coastal or shore-protection structure.
3. Dimensions and locations of the foundation
outlines of any existing structures on the subject property and distances from
the CCCL to the seaward corners of the foundations of any major structures,
public infrastructure and the seaward limit of any coastal or shore-protection
structure.
4. The horizontal
location of the erosion control line (if one exists), any contour lines
corresponding to elevation 0.00, the approximate contour of mean high water and
seasonal high water, and horizontal location of the seaward line of vegetation
and outlines of existing native beach-dune vegetation.
5. The horizontal location of the CCCL for
the full width of the subject property, including the location and full
stamping of the two nearest Department or published second order or higher
horizontal control points.
6. The
location of the two nearest Department Range Monuments (DNR
R-Monument).
7. The location and
dimensions of the property boundary, rights of way, and easements, if
any.
8. The property owner and
project name, street address, scale, north arrow, sheet number, and date of
drawings; and,
9. The location of
work limits, construction fences, and dune features and vegetation to be
protected during construction.
(k) A dimensioned grading plan including any
dune and vegetation protection, clearing, demolition, grading, excavation, and
fill activities. The drawings shall be signed and sealed by a professional
engineer licensed in the State of Florida. The grading plan shall include the
location and distances of all proposed structures on the subject and adjacent
properties, and the following:
1. Existing
and proposed elevations, contours and spot elevations, including the mean high
water line, seasonal high water line, vegetation, seaward toe of dune, dune
crest, and landward toe of dune.
2.
Volumes (in cubic yards), locations and dimensions and distances (in feet)
seaward of the CCCL for all permanent and temporary excavation, storage or fill
and other site use or disturbance including construction limits and
access.
3. A table of all
permanent, temporary, and net excavation and fill volumes seaward of the
CCCL.
4. Soil and geotechnical data
for beach compatible imported or excavated sand proposed for placement on the
project site.
5. Proposed drainage
plans and dewatering activities.
6.
Form 62B-56.900(3),
F.A.C., entitled "Sand Quality Assurance/Quality Control (QA/QC) Plan"
(effective 6-22-09), which is incorporated by reference. Copies of forms may be
obtained by writing to the Department of Environmental Protection, Bureau of
2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the
following website:
www.dep.state.fl.us/beaches. The
QA/QC plan shall detail measures for testing, screening, handling, monitoring
and remediation of all excavated or filled material and shall include
mechanisms to ensure that only beach compatible sand is placed on the project
site; and,
7. Surface area
measurements (in square feet) of existing native beach-dune vegetation within
the project limits, native beach-dune vegetation to be disturbed, and native
beach-dune vegetation to be preserved or planted.
(l) Dimensioned cross-sections. The drawings
shall be signed and sealed by a professional engineer licensed in the State of
Florida. The cross-sections shall include a typical view from the mean high
water line to the CCCL depicting all structures and elevations, proposed and
existing grades, subgrade construction, excavation, and fill.
(m) Detailed final construction plans and
specifications for the reconstructed dune and fill material. These documents
shall be signed and sealed by a professional engineer licensed in the State of
Florida.
(n) An anticipated
construction schedule.
(o) Detailed
dune planting and maintenance plans, including the plant species and locations
of existing native beach-dune vegetation, plants to be removed and proposed
plants. Plans shall include a plant list with both scientific and common names.
Plans shall include any structures to be constructed within the dune area,
including sand fences, irrigation systems and beach access.
(p) Dimensioned site plan drawn to an
appropriate scale, in 8 1/2 by 11 inch size format showing property boundaries,
the location of the proposed structure(s), the proposed construction limits,
the location and volume of any proposed excavation or fill, and the locations
of roads, adjacent dwellings, the vegetation line, and the approximate mean
high water line; and,
(q)
Dimensioned cross-sections drawn to an appropriate scale, in 8 1/2 by 11 inch
format, showing:
1. All subgrade construction
or excavation with elevations referenced to NAVD 88 (U.S. survey
foot).
2. Typical cross-sections of
the reconstructed dune depicting geotextile core and elevations.
3. Location of the CCCL or, if not
established, the mean high water line.
4. Typical profile of existing and proposed
grade at the site; and,
5. The
location of the contour line corresponding to elevation 0.0 NAVD 88 (U.S.
survey foot).
(4) The applicant shall provide other
site-specific information or calculations as determined necessary by staff to
ensure that the criteria of this chapter are met. The dimensions for the plans
referenced in this section shall be submitted in U.S. Customary System units.
Structures shall be located with distances measured perpendicular to the CCCL,
or the mean high water line, as appropriate. All elevations in this rule shall
be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and
landscape plans as well as cross-sections shall be drawn to an appropriate
engineering scale in the horizontal dimension.
(5) The Department recognizes that certain
requirements specified in subparagraphs and paragraphs
62B-56.050(3)(k)
3. through 7., (o), (p) and (q), F.A.C., may not, due to the project specific
circumstances, be applicable or necessary to ensure protection to the
beach-dune system. In such cases, the applicant shall, as part of the
application, identify those requirements and state the reason why they are
inapplicable.
(7) If a substantial revision or major
modification is made to a pending application, the application shall be deemed
amended and shall be treated in all respects as a new application; and the time
limits for processing applications shall be restarted, as set out in Section
120.60, F.S., following payment
by the applicant of an additional processing fee, pursuant to this
chapter.
(8) If site conditions
change during the processing of an application to such an extent that the data
already provided can no longer be used to determine consistency as provided in
this chapter, then the application shall be denied unless the applicant agrees
to waive the 90 day time requirements of section
120.60, F.S., and provides the
additional information required to reanalyze the application.
Rulemaking Authority
161.053(20),
161.0535,
161.085(5) FS.
Law Implemented 120.60,
161.053(2), (3),
(5),
161.085(9)
FS.
New 6-22-09, Amended
5-9-13.
