Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.150 - General Conditions for Reconstructed Dune Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) The following general permit conditions
				shall apply, unless superseded by the Department or modified by the permit as a
				special permit condition:
(a) The responsible
				entity shall perform all construction activities in accordance with the plans
				and specifications that were approved by the Department. Any deviations without
				written approval from the Department shall be grounds for suspension of the
				work or revocation of the permit pursuant to section
				 120.60(5),
				F.S., and rule  62B-56.160, F.A.C., and shall
				result in assessment of administrative fines, as described in rule
				 62B-54.002, F.A.C., or issuance
				of an order to alter or remove the unauthorized work, or both. No other
				construction or activities shall be conducted. No modifications to project
				size, location, or structural design are authorized without prior written
				approval from the Department. A copy of the Notice to Proceed shall be
				conspicuously displayed at the project site. Approved plans shall be available
				for inspection by a Department representative.
(b) The responsible entity shall use extreme
				care during construction to prevent any adverse impacts to the beach-dune
				system, native coastal vegetation, nesting state or federally threatened or
				endangered species, and nesting marine turtles and their hatchlings, or
				adjacent property and structures.
(c) The responsible entity shall allow any
				duly identified and authorized member of the Department to access the project
				site to document compliance with the terms of the permit and with the rules of
				the Department.
(d) The responsible
				entity shall hold and save the State of Florida, the Department, and its
				officers and employees harmless from any damages, no matter how occasioned and
				no matter what the amount, to persons or property that might result from the
				construction or activity authorized under the permit and from any and all
				claims and judgments resulting from such damages.
(e) Construction activity authorized by this
				permit shall not begin until:
1. The time
				provided in the public notice for the public to exercise any rights, given
				under chapter 120, F.S., has expired, or if a hearing is requested, final
				disposition of the hearing request has been made.
2. A Notice to Proceed placard has been
				issued by the Department. The issuance of the placard acknowledges that the
				permit holder has met the permit conditions and rule requirements applicable
				prior to the pre-construction conference described below. Prior to issuance of
				a notice to proceed with construction, the permit holder must submit, where
				applicable, and the Department must accept the following documents: proof of
				publication of the public notice pursuant to subsection
				 62B-56.070(3),
				F.A.C.; proof of the recording of the permit and the permit conditions with the
				clerk of the county court pursuant to subsection
				 62B-56.070(6),
				F.A.C.; executed financial assurance forms pursuant to rule
				 62B-56.090, F.A.C.; incidental
				take permit(s), as defined in rule
				 62B-56.020, F.A.C.; and other
				permits, licenses, agreements or approvals specified in the special permit
				conditions.
3. A preconstruction
				conference has been held on site with the contractor, the responsible entity,
				or agent and a field representative of the Department to establish a mutual
				understanding of the items specified in the special and general conditions of
				the permit. The locations of all proposed structures and construction limits
				shall be staked out prior to the conference; and,
4. Measures have been taken that provide
				maximum protection to the coastal system, native coastal vegetation, nesting
				state or federally threatened or endangered species, and nesting marine turtles
				and their hatchlings, public access, and adjacent properties, including
				installation of temporary construction fencing, and designation of access and
				vehicle/equipment storage areas, as required.
(f) All imported sand shall meet the
				definition of beach quality sand in rule
				 62B-56.020, F.A.C., and be
				obtained from a source landward of the Coastal Construction Control Line
				(CCCL). Prior to the sand placement authorized by this permit, the permittee
				shall provide the Department's field representative with three benchmark
				samples of sand used in completing Form
				 62B-56.900(3),
				entitled "Sand Quality Assurance/Quality Control Plan" (effective date
				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
.
				One sample shall be retained by the Department's field representative, one by
				the permittee and one will remain on site, for permit compliance.
(g) Sand excavated seaward of the CCCL shall
				remain on site seaward of the CCCL and be placed in the immediate area of
				construction unless otherwise specifically authorized by the Department. Beach
				scraping is prohibited.
(h) All
				construction debris shall be removed and disposed at a location landward of the
				CCCL.
(i) Extreme care is to be
				exercised to ensure minimal disturbance of existing vegetation during
				construction. Protection of existing native vegetation, planting of
				reconstructed dunes and revegetation during maintenance of a reconstructed dune
				or following the removal of a dune core shall meet the following requirements:
1. Prior to construction, a Department
				representative shall determine, using best horticultural practices, the
				feasibility of transplanting disturbed native vegetation to suitable bare areas
				seaward of the CCCL. All transplanted vegetation shall be maintained, irrigated
				and/or fertilized to ensure a seventy-five percent survival rate for a minimum
				of one growing season.
2. Disturbed
				vegetated areas, seaward of the CCCL are to be stabilized by planting a minimum
				of eighty percent of the area with native salt-tolerant, sand-stabilizing
				perennial grasses indigenous to the native plant communities existing on or
				near the site. Plantings shall include a mix of a minimum of three plant
				species indigenous to the project shoreline, including; perennial grasses such
				as sea oats (Uniola paniculata); beach panicum (Panicum amarum); marsh hay
				cordgrass (Spartina patens); or other sand stabilizing native species approved
				by the Department and grown from stock indigenous to the region in which the
				project is located.
3. Soil
				stabilizing native grasses are to be spaced throughout the project area in
				staggered rows a maximum distance of 18 inches on center for four inch wide
				root balls or smaller plugs, or up to 36 inches on center for one-gallon size
				planting units. Grass planting units are to be planted a minimum of six inches
				deep with slow-release pelletized fertilizer in the planting holes. All
				planting units shall be fertilized and watered-in at the time of installation
				and thereafter irrigated and fertilized as necessary to meet the following
				survival criteria. Within 180 days, a minimum eighty percent overall survival
				rate of the planting units must be established, eighty percent of the planted
				area covered with the grass species and no shore parallel gaps present. Plants
				shall be considered to be healthy and surviving if they show clearly vigorous
				rhizomes and white, turgid roots. Survival rates shall be determined by
				observing a minimum of 24 healthy out of 30 randomly selected, planting units.
				All deficient areas shall be replanted and the plantings maintained until the
				above success criterion are met.
4.
				Irrigation systems are to be designed, installed and maintained to avoid
				interference with nesting species. Irrigation pipes shall be buried and
				maintained a minimum of three inches below the surface. Irrigation shall be
				directed away from nesting species. Irrigation systems and other structures
				placed during plant installation shall be removed after the plantings are
				established.
5. The reconstructed
				dunes are to be protected from foot traffic or other encroachments. Signs, rope
				and bollard barriers, or sand fencing shall be constructed and maintained as
				necessary to prevent trampling of vegetation, erosion of the dune feature, and
				to protect nesting state and federal endangered and threatened species. Such
				signs, ropes, barriers, and sand fencing shall not interfere with established
				public access.
(j) If not
				specifically authorized elsewhere in the permit, no construction activities
				including the installation of construction fences, and no operation,
				transportation, or storage of equipment or materials are authorized within or
				seaward of nesting species habitats during the nesting seasons of state and
				federally threatened or endangered species.
(k) If not specifically authorized in the
				permit, no temporary lighting of the construction area is authorized at any
				time during the marine turtle nesting season.
(l) The responsible entity shall immediately
				inform the Bureau of any change of mailing address of the responsible entity
				and any authorized agent.
(m) The
				responsible entity shall submit to the Bureau monthly periodic progress reports
				beginning at the start of construction and continuing until all construction
				and restoration work has been completed. Reports shall be certified by a
				professional engineer licensed in the State of Florida. The engineer shall
				certify that as of the date of each report all construction has been performed
				in compliance with the plans and project description approved as a part of the
				permit and with all conditions of the permit, or shall specify any deviation
				from the plans, project description, or conditions of the permit. The report
				shall include photographic documentation of site conditions and state the
				percent of completion of the project and each major individual component. The
				reports shall be provided to the Bureau using Form
				 62B-56.900(9) 
				entitled "Periodic Progress Report" (effective date 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
.
(n) Within 30 days of construction
				completion, the responsible entity shall submit two copies of a signed and
				sealed as-built survey and a completed Form
				 62B-56.900(6),
				entitled "Final Construction Certification of Reconstructed Dune" (effective
				date 6-22-09), both prepared pursuant to rule
				 62B-56.140, F.A.C., of this
				chapter. 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
.
(o) Continuous sand coverage of at least
				three feet of sand shall be maintained over the dune core and stabilized with
				native beach-dune vegetation unless otherwise specified by state or federal
				habitat protection requirements.
(p) Following conversion to the maintenance
				phase, the responsible entity shall submit to the Bureau annual reports, as
				required by the permit or by chapter 62B-56, F.A.C. The completed reports shall
				be provided to the Bureau using Form
				 62B-56.900(8),
				entitled "Maintenance Inspection Report" (effective date 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
.
(q) Authorization for construction is based
				on an engineering review and assessment of the design and anticipated
				performance and impact of the structure as a complete unit. Construction of
				anything less than the complete structure, as approved by the Department, is
				not authorized and may result in the issuance of an order to remove the
				partially constructed structure. Modifications to the project size, location,
				or structural design will be processed by the Department in accordance with
				rule  62B-56.110, F.A.C., and shall
				require payment of the major modification fee.