Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.051 - Application for an Individual Permit

Current through Reg. 50, No. 138; July 16, 2024
Materials to include in an application for an individual
				  permit are described below. Applicants are encouraged to have a pre-application
				  meeting or discussion with Agency staff prior to submitting the
				  application.
(1) The application shall
				be made on Form  62-330.060(1),
				"Application for Individual and Conceptual Approval Environmental Resource
				Permit, State 404 Program Permit, and Authorization to Use State-Owned
				Submerged Lands" (December 22, 2020), including the information required in the
				applicable Sections A, B, C, D, G, H, and I, incorporated by reference in
				subsection  62-330.060(1),
				F.A.C. (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12036
);
				or by use of the applicable Agency's equivalent e-application form.
(2) All activities which the applicant plans
				to undertake which are reasonably related to the same project shall be included
				in the same permit application. Projects that will take longer than the maximum
				duration allowed under federal law to complete shall follow the long-term
				conceptual planning process in 404 Handbook section 5.3.2. Subsequent state 404
				permits to complete the project shall undergo an expedited review process
				pursuant to subsections
				 62-331.052(1) 
				and  62-331.060(8),
				F.A.C., provided there are no material changes in the scope of the project as
				originally proposed, site and surrounding environmental conditions have not
				changed, and the applicant does not have a history of noncompliance with the
				existing permit.
(3) An application
				for a permit to complete a project that a permittee is unable to complete
				within the original duration of the permit shall undergo an expedited review
				process pursuant to subsections
				 62-331.052(1) 
				and  62-331.060(8),
				F.A.C., provided there are no material changes in the scope of the project as
				originally proposed, site and surrounding environmental conditions have not
				changed, and the applicant does not have a history of noncompliance with the
				existing permit.
(4) In addition to
				the information described in subsection (1), above, the applicant will be
				required to provide additional information as necessary to assist in the
				evaluation of the application. Such additional information may include
				environmental data and information on alternate methods and sites as necessary
				for the preparation of the required environmental documentation. Further, such
				additional information shall include data and information necessary for
				purposes of reviewing impacts to state and federal listed species, including
				compliance with any applicable requirements resulting from consultation with,
				or technical assistance by, the Florida Fish & Wildlife Conservation
				Commission, the U.S. Fish & Wildlife Service, and the National Marine
				Fisheries Service for purposes of the State 404 Program.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.413 1,
					 373.4135,
					 373.414(9),
					 373.4145,
					 373.4146(2),
					 403.061(44),
					 403.805(1) FS.
					 Law Implemented 373.413,
					  373.4131,
					  373.4135,
					  373.4136,
					  373.414,
					  373.4146,
					  373.416,
					  668.003,
					  668.004,
					  668.50 FS.
The effective date of the rule will be the effective date
					 of assumption, which is the date identified by EPA as published in the Federal
					 Register §
											373.4146, F.S.
New 12-22-20.