Florida Regulations 62B-49.0055: Expedited Permitting Process for Maintenance Projects
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(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 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 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 advanced nourishment fill volume authorized in the preceding permit;
(e) Biological monitoring data and analysis have detected no additional adverse impacts which have resulted in a compliance and enforcement action; and,
(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 Fl. Admin. Code R. 62B-49.0055;
(b) The Department shall process and review the application within the time requirements specified by Sections 120.60, 161.055, and 373.427, F.S.;
(c) If the Department determines the application is not eligible for processing in accordance with Fl. Admin. Code R. 62B-49.0055, 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 project 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 information required by item numbers 11, 12, 16, 17, and 20 on the Joint Application for Joint Coastal Permit 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 11-19-15.
(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 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 advanced nourishment fill volume authorized in the preceding permit;
(e) Biological monitoring data and analysis have detected no additional adverse impacts which have resulted in a compliance and enforcement action; and,
(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 Fl. Admin. Code R. 62B-49.0055;
(b) The Department shall process and review the application within the time requirements specified by Sections 120.60, 161.055, and 373.427, F.S.;
(c) If the Department determines the application is not eligible for processing in accordance with Fl. Admin. Code R. 62B-49.0055, 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 project 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 information required by item numbers 11, 12, 16, 17, and 20 on the Joint Application for Joint Coastal Permit 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 11-19-15.