Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.050 - General Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The terms,
				conditions, requirements, limitations, and restrictions set forth in this
				section are general conditions and are binding upon the permittee for all
				General Permits in this rule chapter. These conditions are enforceable under
				chapter 161, F.S.
(2) Prior to
				commencing construction activities under this rule chapter, which are
				authorized by this Department, a formal notification from the Department must
				be received authorizing the proposed activity. The notice form, DEP Form 73-102
				(Updated 7/05), entitled "General Permit Notice to Proceed" is hereby
				incorporated by reference.
(3) A
				copy of the Notice to Proceed and the approved plans shall be conspicuously
				displayed at the project site for the duration of the activity.
(4) A pre-construction conference shall be
				held at the site between the contractor, the owner or authorized agent, and a
				staff representative of the Department prior to the initiation of any work
				permitted under this rule chapter. The purpose of this conference is to
				establish the manner in which the proposed work will be performed to ensure
				adequate protection of the beach and dune system and native vegetation. The
				optimum siting of the construction fence and any walkover shall be determined
				during the pre-construction conference by the staff representative in order to
				provide maximum protection to the existing vegetation located on the site. The
				locations of the proposed structures shall be staked out for the
				pre-construction conference.
(5) A
				foundation location certification shall be completed by the applicant, signed
				by a surveyor licensed in the state of Florida, and submitted to the Department
				immediately following installation of the foundation piles for the most seaward
				major structure authorized by this General Permit. This certification shall be
				submitted using DEP Form 73-114B (Updated 9/05) entitled "Foundation Location
				Certification, " which is hereby incorporated by reference. The Department
				shall perform such verification within seven (7) working days of receipt of the
				certification. If the Department does not respond to the certification within
				seven (7) working days then construction may proceed. No further work may
				proceed until the Department has verified the foundation location information
				and authorized additional work to proceed.
(6) The permittee shall carry out the
				construction or activity for which the permit was granted in accordance with
				the plans and specifications that were approved by the Department as part of
				the permit. No other construction or activities shall be conducted. No
				modifications to project size, location, or structural design are
				authorized.
(7) Permits shall be
				suspended or revoked for good cause, in accordance with section
				 161.053(19),
				F.S. In addition, a permit shall be suspended, revoked or modified by the
				Department if shoreline changes occurring subsequent to issuance of the permit
				render the previously authorized activities inconsistent with chapter 161,
				F.S., or chapter 62B-34, F.A.C.
(8)
				The assessment of civil fines or issuance of an order to alter or remove any
				work, or both, may result from work performed that was not authorized in the
				permit, pursuant to section
				 161.054, F.S., and chapter
				62B-54, F.A.C.
(9) The permittee
				shall conduct the construction or activity authorized under the permit using
				extreme care to prevent any adverse impacts to the beach and dune system,
				marine turtles and their nests and nesting habitat, and adjacent properties and
				structures.
(10) The permittee
				shall allow any duly authorized member of the staff to enter upon the premises
				associated with the project authorized by the permit for the purpose of
				ascertaining compliance with the terms of the permit and with the rules of the
				Department.
(11) The state of
				Florida, the Department, or its officers and employees shall in no way be
				liable for any damage, no matter how occasioned and no matter what the amount,
				to persons or property which might result from the construction or activity
				authorized under the permit and from any and all claims and judgments resulting
				from such damage.
(12) The
				permittee shall not disturb existing beach and dune topography and vegetation
				except as expressly authorized in Part II of this rule chapter. Before the
				project is considered complete, any disturbed topography or vegetation shall be
				restored as prescribed in the permit with suitable fill material or revegetated
				with appropriate beach and dune vegetation.
(13) No construction, operation,
				transportation, or storage of equipment or materials is authorized seaward of
				the dune crest or rigid coastal structure within marine turtle nesting habitat
				during marine turtle nesting season (May 1 through October 31 of each year for
				all counties except for Brevard, Indian River, St. Lucie, Martin, Palm Beach
				and Broward. Nesting season for these counties is the period from March 1
				through October 31 of each year).
(14) All fill material placed seaward of the
				Coastal Construction Control Line shall meet the requirements of subsection
				 62B-33.005(7),
				F.A.C., and shall consist of sand that is similar to that already existing on
				the site in both coloration and grain size. All such fill material shall be
				free of construction debris, rocks, clay, or other foreign matter, and shall be
				obtained from a source landward of the Coastal Construction Control
				Line.
(15) To ensure compliance
				with this rule, all topographic restoration and revegetation work is subject to
				the approval and acceptance by the Department staff.
(16) No temporary lighting of the
				construction area is authorized during the marine turtle-nesting season (May 1
				through October 31 of each year for all counties except for Brevard, Indian
				River, St. Lucie, Martin, Palm Beach and Broward. Nesting season for these
				counties is the period from March 1 through October 31 of each
				year.).
(17) This permit is issued
				to a specified property owner and is not valid for any other person.
(18) This General Permit does not eliminate
				the necessity to obtain any required federal, state, local, and special
				district authorizations prior to the start of activity authorized by Part II of
				this rule chapter.
(19) Elevated
				walkovers that provide access to the beach shall meet the following design
				criteria:
(a) The decking of the walkover
				structure shall be elevated a sufficient distance above the existing vegetation
				to allow for sand build-up and clearance above the vegetation and not exceed 4
				feet in width.
(b) The piles for
				the walkover structure shall not be greater that 4-inch by 4-inch posts and
				shall not be encased in concrete.
(c) The walkover shall extend at least up to
				the existing line of vegetation but not farther than 10 feet seaward of the
				vegetation.
(d) Where armoring
				exists and no vegetation line exists seaward of the armoring, the walkover
				shall extend a maximum of 5 feet seaward of the armoring.
(e) The optimum siting of the walkover
				structure shall be determined by the staff representative during the
				pre-construction conference to provide maximum protection to the existing dune
				topography and vegetation located on the site and to avoid interference with
				public beach access and nesting sea turtles.