Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.013 - General Conditions

Current through Reg. 50, No. 138; July 16, 2024
The following permit conditions shall apply to all permits
				  issued pursuant to this chapter:
(1)
				All activities authorized by this permit shall be implemented as set forth in
				the project description, permit drawings, plans and specifications approved as
				a part of this permit, and all conditions and requirements of this permit. The
				permittee shall notify the Department in writing of any anticipated deviation
				from the permit prior to implementation so that the Department can determine
				whether a modification of the permit is required pursuant to Rule
				 62B-49.008, F.A.C.
(2) If, for any reason, the permittee does
				not comply with any condition or limitation specified in this permit, the
				permittee shall immediately provide the Department and the appropriate District
				office of the Department with a written report containing the following
				information: a description of and cause of noncompliance; and the period of
				noncompliance, including dates and times; and, if not corrected, the
				anticipated time the noncompliance is expected to continue, and steps being
				taken to reduce, eliminate, and prevent recurrence of the
				noncompliance.
(3) This permit does
				not eliminate the necessity to obtain any other applicable licenses or permits
				that may be required by federal, state, local or special district laws and
				regulations. This permit is not a waiver or approval of any other Department
				permit or authorization that may be required for other aspects of the total
				project that are not addressed in this permit.
(4) Pursuant to Sections
				 253.77 and
				 373.422, F.S., prior to
				conducting any works or other activities on state-owned submerged lands, or
				other lands of the state, title to which is vested in the Board of Trustees,
				the permittee must receive all necessary approvals and authorizations under
				Chapters 253 and 258, F.S. Written authorization that requires formal execution
				by the Board of Trustees shall not be considered received until it has been
				fully executed.
(5) Any delineation
				of the extent of a wetland or other surface water submitted as part of the
				permit application, including plans or other supporting documentation, shall
				not be considered specifically approved unless a specific condition of this
				permit or a formal determination under Section
				 373.421(2),
				F.S., provides otherwise.
(6) This
				permit does not convey to the permittee or create in the permittee any property
				right, or any interest in real property, nor does it authorize any entrance
				upon or activities on property which is not owned or controlled by the
				permittee. The issuance of this permit does not convey any vested rights or any
				exclusive privileges.
(7) This
				permit or a copy thereof, complete with all conditions, attachments, plans and
				specifications, modifications, and time extensions shall be kept at the work
				site of the permitted activity. The permittee shall require the contractor to
				review the complete permit prior to commencement of the activity authorized by
				this permit.
(8) The permittee, by
				accepting this permit, specifically agrees to allow authorized Department
				personnel with proper identification and at reasonable times, access to the
				premises where the permitted activity is located or conducted for the purpose
				of ascertaining compliance with the terms of the permit and with the rules of
				the Department and to have access to and copy any records that must be kept
				under conditions of the permit; to inspect the facility, equipment, practices,
				or operations regulated or required under this permit; and to sample or monitor
				any substances or parameters at any location reasonably necessary to assure
				compliance with this permit or Department rules.
(9) At least 48 hours prior to commencement
				of activity authorized by this permit, the permittee shall electronically
				submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the
				appropriate District office of the Department a written notice of commencement
				of construction indicating the actual start date and the expected completion
				date and an affirmative statement that the permittee and the contractor, if one
				is to be used, have read the general and specific conditions of the permit and
				understand them.
(10) If any
				prehistoric or historic artifacts, such as pottery or ceramics, stone tools or
				metal implements, shipwreck remains or anchors, dugout canoes or other physical
				remains that could be associated with Native American cultures, or early
				Colonial or American settlement are encountered at any time within the project
				site area, the permitted project shall cease all activities involving
				subsurface disturbance in the immediate vicinity of such discoveries. The
				permittee, or other designee, shall contact the Florida Department of State,
				Division of Historical Resources, Compliance and Review Section at
				(850)245-6333 or (800)847-7278, as well as the appropriate permitting agency
				office. Project activities shall not resume without verbal and/or written
				authorization from the Division of Historical Resources. In the event that
				unmarked human remains are encountered during permitted activities, all work
				shall stop immediately and the proper authorities notified in accordance with
				Section  872.05, F.S.
(11) Within 30 days after completion of
				construction or completion of a subsequent maintenance event authorized by this
				permit, the permittee shall electronically submit to the Department, by email
				at JCPCompliance@dep.state.fl.us, and the appropriate District office of the
				Department a written statement of completion and certification by a registered
				professional engineer. This certification shall state that all locations and
				elevations specified by the permit have been verified; the activities
				authorized by the permit have been performed in compliance with the plans and
				specifications approved as a part of the permit, and all conditions of the
				permit; or shall describe any deviations from the plans and specifications, and
				all conditions of the permit. When the completed activity differs substantially
				from the permitted plans, any substantial deviations shall be noted and
				explained on as-built drawings electronically submitted to the Department, by
				email at JCPCompliance@dep.state.fl.us.
Rulemaking Authority
					  20.255(8),
					 161.041(8),
					 161.055(1),
					 (2),
					 373.427(1) FS.
					 Law Implemented 20.255(8),
					  161.041(3),
					 (8),
					  161.055(1),
					 (2),
					  373.427(1), (2), (3),
					 (4),
					  872.02 FS.
New 2-19-98, Amended 5-17-07,
					 11-19-15.