62-343.010 Policy and Purpose.

      This rule provides the procedural requirements for processing environmental resource permits and for obtaining formal determinations of the landward extent of wetlands those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances to support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. and surface waters water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs is classified as surface water when it exits from the spring onto the earth's surface., pursuant to Part IV of Chapter 373, Florida Statutes, and Chapters 62-330 and 62-341, F.A.C.  This rule also provides general requirements and procedures for the issuance, denial, extension, transfer, modification, suspension, and revocation of environmental resource permits.  This rule shall not preclude the application of any other permit requirements or procedures for facilities in other chapters of Title 17, F.A.C. The requirements of this part are in addition to and not in lieu of the requirements specified in Chapters 62-330 and 62-341, F.A.C.  Fees for environmental resource permits are as provided in Section 62-4.050, F.A.C.

Specific Authority  373.026(7), 373.043, 373.118, , FS.  Law Implemented  373.413, 373.414, 373.416, 373.421, 373.426, FS.  History -- New 7-4-95.

      62-343.020 General Provisions.

      (1) This Chapter applies to those categories of activities for which the Department Florida Department of Environmental Protection has responsibility for reviewing and taking agency action, in accordance with the interagency agreements specified in Section 62-113.100(3), F.A.C.

      (2)  All Department actions concerning environmental resource permit applications, suspensions, revocations, modifications, extensions, transfers, administrative enforcement, and complaints, including emergency actions, associated with activities regulated under Part IV of Chapter 373, F.S., are governed by Chapter 120, F.S., Chapters 62-330 and 62-341, F.A.C., this chapter, and interagency agreements specified in Section 62-113.100(3), F.A.C.  Applications for variances will be processed according to Sections 373.414(17) and 403.201, F.S., and Section 62- 110.104, F.A.C.  The fees for environmental resource permit applications are as listed in Section 62-4.050, F.A.C.

      (3) Unless otherwise provided by law, a proposed project or activity or activities means construction alteration, operation, maintenance, abandonment, or removal of any surface water management system including dredging or filling. subject to the permit requirements of Chapters 62-330 and 62-341, F.A.C., a portion of which extends beyond the boundary of a single water management district, will be analyzed based on the criteria of the water management district where the point of discharge to allow or to cause water to flow. occurs to determine its overall impact on water resources and objectives of each water management district within which the project is located.

      (4) The procedures in this chapter govern the processing of notices for noticed general permits and applications for standard general, individual, and conceptual approval environmental resource permits, unless more specific procedures are set forth in Chapter 62-341, F.A.C., in which case those procedures shall be followed.

      (5) Issuance of an environmental resource permit by the Department does not convey to the permittee, or create in the permittee, any property right or any interest in the real property which is the subject of the application, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee.

      (6) Applicants are hereby advised that Section 253.77, F.S. states that a person may not commence any excavation removal of material by any means from uplands., construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease An interest in State-owned Lands designated by a contract creating a landlord-tenant relationship between the Board as landlord and the applicant as tenant whereby the Board grants and transfers to the applicant the exclusive use, possession, and control of certain specified State-owned Lands for a determinate number of years, with conditions attached, at a definite fixed rental., license, easement, or other form of consent authorizing the proposed use.  Therefore, an applicant is responsible for obtaining any necessary authorizations from the Board of Trustees The Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. The Department and water management districts serve as staff to the Board and are delegated authority to carry out functions of the Baord as specified in Rule 18-21.0051, F.A.C. prior to commencing activity on sovereignty lands or other state-owned lands. 

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  373.413, 373.414, 373.416, 373.421, 373.426, FS.  History -- New  7-4-95.

      62-343.030 Transferability of Definitions.

Definitions in other chapters of the Department's rules or incorporated by reference in Chapter 62-330, F.A.C., are applicable to this chapter unless such definitions conflict with the express provisions of this chapter.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  373.413, 373.414, 373.418, 373.421, FS.  History: --  New 7-4-95, Amended 8-14-96.

      62-343.040 Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters.

      (1) Pursuant to subsection 373.421(2), F.S., a real property owner, an entity that has the power of eminent domain, or any other person who has legal or equitable interest in real property may petition the Department for a formal determination of the landward extent of wetlands and other surface waters for that property.  A formal determination means the Department will determine or verify the locations on the property of the landward extent (boundaries) of wetlands and other surface waters as delineated using the methodology authorized by subsection 373.421(1), F.S.

      (2) Petitions for a formal determination, except as provided in subsection (3), shall be processed as follows:

      (a) The petitioner shall submit:

      1. one copy of completed Form 62-343.900(2), F.A.C., including copies of all items required by that form to the Division of Water Resource Management; and

      2. a non-refundable formal determination fee prescribed in Section 62-4.050, F.A.C.

      (b)1. Within thirty days of receipt of a petition for a formal determination, the Department shall notify the petitioner of any additional information which may be necessary to complete the review of the petition.  The petitioner shall have ninety days from the date the Department mails a timely request for additional information to submit that information to the Department.  If a petitioner requires more than ninety days in which to respond to a request for additional information, the petitioner may notify the Department in writing of the circumstances, at which time the petition shall be held in active status for one additional period of up to ninety days.  Additional extensions shall be granted for good cause shown by the petitioner.  A showing that the petitioner is making a diligent effort to obtain the requested additional information shall constitute good cause.  Failure of a petitioner to provide the timely requested information by the applicable deadline shall result in denial of the petition.  The Department shall complete the determination and shall issue a notice of intended agency action within sixty days after the petition is deemed complete.  The petitioner shall publish, at his own expense, the notice of proposed agency action in a newspaper of general circulation in the affected area.  The petitioner shall provide a copy of the proof of publication of the notice of intended agency action to the Department using the format prescribed in rule 62-110.106(4).

      2. The provisions of sections 120.569 and 120.57 apply to formal determinations made pursuant to this section.  Any person whose substantial interests will be affected by the Department’s proposed action on the petition may request an administrative hearing under rule 62-110.106.

      (c) A formal determination in the form of a certified survey, an approximate determination, or combinations thereof, as described below.

      1. When a certified surveyed delineation of the extent of wetlands and other surface waters is used, the survey shall be certified as required by Chapter 472, F.S., to meet the minimum technical standards in Chapter 61G17-6, F.A.C.  A petitioner seeking a certified surveyed delineation shall have a land surveyor registered in the State of Florida or the surveyor's representative accompany the Department representative on the delineation verification as described in subsection (5), and shall have the land surveyor survey the verified boundaries of wetlands and other surface waters.  The certified survey shall include a legal description of, and acreage contained within, the boundaries of the property for which the determination is sought.  The boundaries of wetlands and other surface waters must be witnessed to the property boundaries, and shall be capable of being mathematically reproduced from the survey.  The petitioner must submit to the Department five copies of the survey, along with five copies of the survey depicted on aerial photographs to complete the petition.

      2. When an approximate delineation is used, it shall consist of a boundary produced by using a global positioning system All structures and all areas established by earth-moving in which surface water flow or storage has been altered. (GPS), a boundary drawn on rectified aerial photographs, a geo-referenced image produced from a boundary drawn on a non-rectified aerial photograph, or any combination thereof.  The approximate delineation shall be subject to the following:

      a. A range of variability shall be determined for all approximate delineations by comparing a number of specific boundary points indicated on the aerial photograph, or located by GPS, to field located boundary points.  The Department shall determine the number and location of comparison sites using the total linear feet of delineated boundary such that the total number of sites reflects at least one site for every 1000 feet of delineated boundary.  No fewer than three boundary point comparisons shall be performed for each approximate delineation. For GPS approximate delineations, the petitioner shall conduct a specific purpose survey, as defined in Chapter 61G17-6, F.A.C., to show the relationship of field located boundary points to the GPS located boundary points.  The range of variability shall be the greatest deviation measured at the comparison boundary points.  An approximate delineation method cannot be used if the range of variability is equal to or greater than plus or minus 25 feet.

      b. An aerial photograph shall serve as the basis for an approximate delineation only when the boundaries of wetlands and other surface waters are accurately depicted on the aerial photograph by the clear expression of vegetative or physical signatures as verified by groundtruthing.  If a submitted aerial photograph does not provide an accurate depiction, then the landward extent of wetlands and other surface waters shall be delineated by flagging the boundary, and the formal determination shall be produced using a GPS or certified survey.

      c. Subsequent to any verification and adjustment as required in Subsection (5) the petitioner shall submit five copies of the following to complete the petition: a hand drawn delineation on a rectified aerial photograph; the geo-referenced image of the delineation and an aerial photograph with the delineation; or the GPS depiction of the delineation on an aerial photograph.

      d. When a subsequent permit application includes regulated activities within 200 feet of the landward extent of the range of variability of an approximate delineation at a given location, the applicant shall establish in the field the exact boundary of the wetlands and surface waters at that location.

      (d) Prior to the Department's inspection of the site the petitioner or their agent shall initially delineate the boundaries of wetlands and other surface waters by either flagging the boundary for a certified survey or GPS survey, or estimating the extent of wetlands and other surface waters on aerial photographs.  A Department representative will then verify the location of the boundary line and indicate any necessary adjustments of the petitioner's initial determination to reflect an accurate delineation.

      (3) Within the geographical territory of the South Florida District Office of the Department, formal determinations for a single-family residential property of five acres or less shall be processed as follows, unless the petitioner elects to petition for a formal determination using subsection 62-343.040(2), F.A.C.

      (a) For the purposes of this subsection, a single-family residential property means an entire parcel that is for one single-family dwelling unit and is not part of a larger plan of common development proposed by the petitioner.

      (b) The following items are required for a petition under this subsection:

      1. one copy of completed form 62-343.900(2), F.A.C.;

      2. the fee required by paragraph 62-4.050(4)(h), F.A.C.;

      3. a location map of sufficient detail to allow someone unfamiliar with the site to locate the property;

      4. a determination, using chapter 62-340, F.A.C., of the boundary of wetlands and other surface waters depicted on a survey that is certified as required by chapter 472, F.S., to meet the technical standards in chapter 61G17-6, F.A.C.  If the property contains wetlands or other surface waters, the survey must reflect the field-flagged delineation of the boundaries of the wetlands and other surface waters.  In such a case, the flags delineating the boundaries shall not be removed until the formal determination is issued or denied by the Department.  If the property does not contain wetlands or other surface waters, the survey shall only depict the property boundaries.

      5. a written description on the data sheet provided as Attachment 1 in form 62-343.900(2), F.A.C., of the vegetation, hydrologic indicators and soil characteristics of both the wetland and upland conditions for one site, every 1,000 feet along the delineated boundary of the wetlands and other surface waters on a property.

      (c) The petition under this subsection shall be submitted to the district office of the Department covering the geographical limits where the property is located;

      (d) Within thirty days of receipt of a petition for a formal determination, the Department shall notify the petitioner of any additional information that may be necessary to complete the review of the petition.  The petitioner shall have ninety days from the date the Department mails a timely request for additional information to submit that information to the Department.  If a petitioner requires more than 90 days in which to respond to a request for additional information, the petitioner may notify the Department in writing of the circumstances, at which time the petition shall be held in active status for one additional period of up to 90 days.  Additional extensions shall be granted for good cause shown by the petitioner.  A showing that the petitioner is making a diligent effort to obtain the requested additional information shall constitute good cause.  Failure of a petitioner to provide the timely requested information by the applicable deadline shall result in denial of the petition.

      (e) The petition shall be denied if the Department determines that the materials submitted to the Department under this subsection do not contain all the information required in paragraph 62-343.040(3)(b), F.A.C., or do not correctly delineate the landward extent of wetlands and other surface waters in accordance with chapter 62-340, F.A.C.  The Department shall issue or deny the formal determination for a petition submitted under this subsection within 45 days of the petition being deemed complete unless the petitioner provides the Department with a written waiver of this time.

      (f) The provisions of Sections 120.569 and 120.57, F.S., apply to formal determinations made pursuant to this section.  Any person whose substantial interests will be affected by the Department’s proposed action on the petition may request an administrative hearing under section 62-110.106, F.A.C.

      (g) Petitioners may, but are not required to, publish at their expense a notice of proposed agency action in a newspaper of general circulation in the affected area.

      (4) A formal determination shall be binding for five years provided physical conditions on the property do not change, other than changes which have been authorized by a permit issued under Part IV, Chapter 373, F.S., so as to alter the delineated wetland and surface water boundaries during that period.

      (5) A petition for a new formal determination for a property for which a formal determination issued pursuant to this rule already exists shall require the reduced fee set forth in Paragraph 62-4.050(4)(h), F.A.C. provided:

      (a) physical conditions on the property have not changed, other than changes which have been authorized by a permit Iissued under Part IV, Chapter 373, F.S., so as to alter the wetland and surface water boundaries during that period;

      (b) the petition is submitted 60 days prior to the expiration of the existing determination; and

      (c) the methodology for determining the landward extent of wetlands and other surface waters authorized by Subsection 373.421(1), F.S., has not been amended since the previous formal determination.

      (6) Pursuant to Subsection 373.421(4),  F.S., the Department shall revoke a formal determination upon finding that the petitioner has submitted inaccurate information to the Department such that a substantially different delineation of the wetlands or other surface waters would have resulted if the correct information had been submitted.

Specific Authority  373.026(7), 373.043, 373.421(2), 403.0877, FS.  Law Implemented  120.54(5)(a), 373.421(2), FS.  History -- New 7-4-95, Amended 8-14-96, 8-16-98, 2-19-03.

      62-343.050 Permits Required.

      (1) Except as otherwise provided in Section 373.4145, F.S., or Subsections 373.414(11) through (16), F.S., or unless expressly exempted by law or Department rule, a  noticed general, standard general, or individual environmental resource permit must be obtained from the Department, as provided in Chapters 62-330 and 62-341, F.A.C., and this chapter, prior to construction, alteration expanding or changing a system (which includes any type of work, activity, or structure), other than that required to maintain the system, including any changes which may increase or reduce the flow, storage, or discharge of surface water, increase pollutant loading, change the point or points of discharge, or extend into or adversely affect wetlands by ditching, draining, filling or excavation., operation, maintenance, abandonment or abandon, means stopping use and maintenance activities for a system or part of a system., or removal elimination of all or part of a system. of any stormwater the flow of water which results from, and which occurs immediately following, a rain event management system, dam, impoundment, reservoir, or appurtenant work or works all man-made or artificial structures. These include ditches, canals, conduits, channels, culverts, pipes, construction activities and all other man-made structures., including dredging or filling in, on, or over wetlands and other surface waters, as determined by the methodology ratified by Subsection 373.4211, F.S., and codified in rule chapter 62-340, F.A.C.

      (2) Any dredging or filling in, on or over wetlands or other surface waters of the state which is authorized by a general or individual permit issued under Chapters 40B-1, 40B-4, 40C-4, 40C-40, 40C-42, 16I-4, 40D-1, 40D-4, 40D-40, 40E-1, or 40E-4, F.A.C., as such chapters existed on October 3, 1995, but which is not authorized by a permit or exemption An activity that does not require a permit. under Chapter 62-312, F.A.C., as such chapter existed on October 3, 1995, shall require an environmental resource permit prior to the dredging or filling. However, such dredging or filling shall be exempt from the requirements of paragraphs 40B-400.103(1)(a) through (e) and (g) through (k), 40C-4.301(1)(a) through (e) and (g) through (k), F.A.C.,  Chapter 40C-42, F.A.C., paragraphs 40D-4.301(1)(a) through (e) and (g) through (k), F.A.C., Chapter 40D-40, F.A.C., and paragraphs 40E-4.301(1)(a) through (e) and (g) through (k), F.A.C.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, FS.  Law Implemented  373.413, 373.414, 373.416, 373.426, FS.  History -- New 7-4-95, Amended 8-14-96.

      62-343.060 Conceptual Approval Permits.

      (1) Activities for which an approval in concept of the plans and designs is sought, including those activities for which an Application for Development Approval has been submitted pursuant to Part I of Chapter 380, F.S., are eligible for a conceptual approval permit where those activities require an environmental resource noticed general, standard general or individual permit under Part IV, Chapter 373, F.S., and Chapter 62-330, F.A.C., and, where applicable, Chapter 62-341, F.A.C. 

      (2) Issuance of a conceptual approval permit pursuant to this section shall not relieve the applicant of any requirements to obtain a permit for construction, alteration, operation, maintenance, removal or abandonment of a stormwater management system or other surface water management system, nor shall the applicant be relieved of the requirement to provide additional information needed to process subsequent permits to construct, alter, operate, maintain, remove, or abandon the system, or the requirement to meet the standards for issuance of permits pursuant to Chapters 62-330 and 62-343, F.A.C., and, where applicable, Chapter 62-341, F.A.C.

      (3) The Department's determination that the conceptual plans are consistent with Department rules provides the conceptual approval permit holder with assurance that the concepts upon which the engineering and environmental designs are based are capable of providing for systems which meet Department rule criteria.  A conceptual permit does not assure that a specific application for a construction permit will be granted.

      (4) An application for a conceptual approval permit will be reviewed pursuant to the applicable standards and criteria established in Chapters 62-330 and 62-343, F.A.C., and, where applicable, Chapter 62-341, F.A.C.

      (5) Specific conditions shall be placed upon a conceptual approval permit when needed to ensure that the conceptual plans provide reasonable assurance that the applicant will be able to design systems which meet Department rule criteria.

Specific Authority  373.026(7), 373.043, 373.414, 373.418, 380.06(9)(b), FS.  Law Implemented  373.413, 373.414, 373.416, 373.426, 380.06(9)(b), FS.  History -- New 7-4-95, Amended 8-14-96.

      62-343.070 Procedures to Obtain a Permit.

      (1) At the request of any person preparing to apply for an environmental resource permit from the Department, Department staff will be available for a preapplication conference.  At the preapplication conference, Department staff will provide the potential applicant with information regarding the permit application process and advise the applicant regarding the minimum level of information required for permit application review.  Such advice by the Department shall not preclude the Department from requiring additional information needed to address issues raised by information submitted by the applicant.

      (2) All notices and applications for an environmental resource permit, modifications,  extensions, or transfers thereof shall be filed with the appropriate office of the Department, as set forth in Section 62-343.080, F.A.C.  Applications or notices for an environmental resource noticed general, standard general, individual, or conceptual approval permit or modifications thereto, shall be made on Form

62-343.900(1), F.A.C.

      (3) All applications and supporting documents that are submitted to the Department in accordance with this section shall include five copies, one of which contains original signatures.

      (4) An application for an environmental resource permit, modification, transfer, extension, or variance shall be accompanied by the full application fee specified in Subsection 62-4.050(4), F.A.C., in the form of a check made payable to the "Department of Environmental Protection."  For purposes of calculating the fees required in paragraph 62-4.050(4)(g), F.A.C., the acreage thresholds shall not include mitigation areas proposed by an applicant to offset otherwise unpermittable aspects of the environmental resource permit application under consideration, except for applications for mitigation banks.  The fee is non-refundable except as provided in Section 120.60, F.S., and in this rule.  The fee recovers a portion of the Department’s costs of processing applications.

      (5) When an application is received without the required fee, or with a fee that is less than the amount required, the Department shall begin processing the application. The Department shall, within 30 days of receipt of the application, request the correct fee. A failure of an applicant to remit the correct processing fee shall result in denial of the application.

      (6) If an applicant submits an application fee in excess of the required fee, the Department shall begin processing the application and shall refund to the applicant the amount received in excess of the required fee.

      (7) Unless otherwise provided for in this rule, processing fees for applications under one fee category shall not be refunded in whole or in part where an applicant modifies a project to qualify for a lesser fee category when the project did not qualify for that fee category when processing commenced. The difference between the processing fee for applications under one fee category and the processing fee for a lesser fee category shall be refunded only for those applications that qualify for the lesser fee category solely as a result of a change in Department rules while the application is being processed.

      (8) If the Department determines that a substantial revision to a complete application has been received, the Department shall notify the applicant of such determination and shall inform the applicant that the original application cannot be revised unless the applicant agrees in writing to waive the 90 day time requirements of Section 120.60(1), F.S., agrees to restart the time periods of Section 120.60(1), F.S., and submits a complete, additional processing fee determined pursuant to the schedule set forth in Section 62-4.050, F.A.C.  For purposes of this Subsection, the term "substantial revision" shall mean a revision which is reasonably expected to lead to significantly different environmental impacts and will require a detailed review by the Department.

      (9) A complete application for an individual or standard general environmental resource permit for activities in, on or over wetlands or other surface waters shall constitute an application for certification of compliance with state water quality standards pursuant to Section 401, Public Law 92-500, 33 U.S.C. Section 1341.  Issuance of an environmental resource standard general or individual permit shall also constitute issuance of such state water quality certification, unless a permit is issued pursuant to the net improvement provisions for water quality provided by Paragraph 373.414(1)(b), F.S., or unless otherwise specifically stated in the permit, in which case issuance of the permit shall not be considered issuance of such water quality certification.  Similarly, an application for certification shall constitute an application for a noticed, standard general, or individual environmental resource permit. Noticed general permits, as described in Chapter 62-341, F.A.C., also constitute water quality certification for the activity described in the general permit or exemption when the activity is performed according to all applicable rules of the Department and all general and specific conditions of the exemption or general permit.  Water quality certification shall be waived for applications that qualify as an exemption under chapter 373 or 403, F.S., or chapter 62-330, F.A.C.

      (10) The construction plans, together with supporting calculations and documentation submitted as part of an application for a noticed general, standard general, individual, or conceptual approval permit must be signed, sealed, and dated by an appropriate registered professional a professional registered or licensed by and in the State of Florida and who possesses expertise and experience necessary for the competent preparation, submittal and certification of documents and materials and performing other services required in support of permitting, construction, altering, inspecting, and operating a proposed or existing activity regulated under Part IV of Chapter 373, F.S. Examples of registered professionals, authorized pursuant to Chapter 455, F.S., and the respective practice acts by which they are regulated, are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S., as required by Chapters 471, 472, 481 or 492, F.S., as applicable, when the design of the system requires the services of an appropriate registered professional.

      (11) When mangrove alteration is conducted as part of a standard general or individual environmental resource permit, a separate mangrove alteration or trimming permit under sections 403.9321 - .9333, F.S., shall not be required where the mangrove alteration or trimming is authorized as part of the environmental resource permit. A separate mangrove alteration or trimming permit under sections 403.9321 - .9333, F.S., also shall not be required to conduct mangrove alteration or trimming that is necessary to construct activities in conformance with an exemption authorized under Part IV of Chapter 373, F.S., or with a noticed general permit A general permit issued by the Department under Chapter 62-341, F.A.C. or by a water management district that requires the applicant to provide notice at least 30 days before any work can begin. under Chapter 62-341, F.A.C.

Specific Authority  120.54(5)(a), 373.026(7), 373.043, 373.118, 373.414, 373.418, 403.0877, FS.  Law Implemented  373.026(7), 373.109, 373.413, 373.414, 373.4141, 373.416, 373.426, 403.9328, FS.  History -- New 7-4-95, Amended 8-14-96.

      62-343.075 Additional Requirements and Procedures for Concurrent Review of Related Applications.

      (1) A single application shall be submitted and reviewed for  activities that require an individual or standard general environmental resource permit under Part IV of Chapter 373, F.S., and a proprietary pertaining to ownership authority. authorization under Chapters 253 or 258, F.S., to use sovereign submerged lands Those lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which ahve not been heretofore conveyed or alienated. (See also State-owned Submerged Lands).  In such cases, the application shall not be deemed complete, and the timeframes for approval or denial shall not commence, until all information required by applicable provisions of Part IV of Chapter 373, F.S., and proprietary authorization under Chapters 253 or 258, F.S., and rules adopted thereunder  for both the environmental resource permit and the proprietary authorization is received.

      (2) No application under this section shall be approved until all the requirements of applicable  provisions of Part IV of Chapter 373, F.S., and proprietary authorization under Chapters 253 or 258, F.S., and rules adopted thereunder  for both the individual or standard general environmental resource permit and the proprietary authorization are met.  The approval shall be subject to all permit conditions imposed by such rules.

      (3) For an application reviewed under this section for which a request for proprietary authorization to use sovereign submerged lands has been delegated to the Department or a water management district to take final action without action by the Board of Trustees of the Internal Improvement Trust Fund, the Department or water management district shall issue a consolidated notice of intent to issue or deny the environmental resource permit and the proprietary authorization within 90 days of receiving a complete application under this section.  Waiving or tolling the timeframes for final action on the application under this section shall constitute a waiver or tolling of the timeframes for final action on the environmental resource permit application.

      (4) For an application reviewed under this section for which the request for proprietary authorization to use sovereign submerged lands has not been delegated to the Department or a water management district to take final action without action by the Board of Trustees of the Internal Improvement Trust Fund, the application shall be reviewed and final agency action taken in accordance with the procedures in paragraphs 373.427(2)(a)-(c), F.S.  The recommended consolidated intent, as required in paragraph 373.427(2)(a), F.S., shall be considered issued when the Department submits it for publication on the Board of Trustees’ agenda, and releases it to the applicant and to any person to whom notice is required under section 62-343.090, F.A.C.

      (5) The issuance of the consolidated notice of intent to issue or deny, or upon issuance of the recommended consolidated notice of intent to issue or deny pursuant to Subsection (4), the Department or water management district shall be deemed to be in compliance with the timeframes for approval or denial in Section 120.60(1), F.S.  Failure to satisfy these timeframes shall not result in approval by default of the application to use sovereign submerged lands.  Also, if an administrative proceeding under Section 120.57, F.S., is properly requested on both the environmental resource permit and the proprietary authorization under this section, the review shall be conducted as a single consolidated administrative proceeding.  If an administrative proceeding under Section 120.57, F.S., is properly requested on either the environmental resource permit or the proprietary authorization under this section, final agency action shall not be taken on either authorization until the administrative proceeding is concluded.

      (6) Appellate review of any consolidated order under this section is governed by the provisions of Section 373.4275, F.S.

      (7) For an activity requiring an individual permit under Section 161.041, F.S., and an individual or standard general environmental resource permit under Part IV of Chapter 373, F.S., a joint coastal permit shall be required, as provided in Chapter 62B-49, F.A.C., in place of the above noted permits.

      (8) This section shall be applicable to all applications for individual or standard general environmental resource permits under Part IV of Chapter 373, F.S., and proprietary authorizations under Chapters 253 or 258, F.S., to use sovereign submerged lands, that are received by the Department, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District or South Florida Water Management District after the effective date of this rule section. If an applicant requests  that its applications for individual or standard general environmental resource permits under Part IV of Chapter 373, F.S., and proprietary authorizations under Chapters 253 or 258, F.S., to use sovereign submerged lands, received prior to the effective date of this rule section, be processed under this rule section, such request shall be granted if the applications for both are incomplete as of the effective date of this rule section.

      (9) Nothing in this section shall be construed to limit an applicant's ability to make separate applications for stages, phases, or portions of a project separate from an activity requiring both a proprietary authorization under Chapters 253 or 258, F.S., and an individual or standard general environmental resource permit under Part IV of Chapter 373, F.S.

      (10) The provisions of this section shall also apply to the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District and South Florida Water Management District when such Districts are processing an individual or standard general environmental resource permit application under Part IV of Chapter 373, F.S., which, under this section, also requires a proprietary authorization under Chapters 253 or 258, F.S.

Specific Authority  373.427, FS.  Law Implemented  373.427, FS.  History - New 10-12-95, Amended 8-14-96.

      62-343.080 Applications Processed by District and Division Offices of the Department.

      (1) Applicants requesting authorization for the types of activities listed in Subsection (2), below, shall make application to the district office of the Department serving the area in which the activity is proposed, as set forth in Subsection 62-101.020(3), F.A.C. The Directors of District Management and the designee of the Director in that office are delegated authority to review and take final agency action on such applications. If any portion of the proposed activity exceeds the criteria in Subsection (2), and for those activities listed in Subsection (3), the application shall be submitted to the Division of Environmental Resource Permitting for review. The Secretary or a designee of the Secretary shall take final agency action on applications that are processed by the Division of Environmental Resource Permitting. Once processing of an application has begun by the Division of Environmental Resource Permitting, the Division shall continue to process the application whether or not subsequent changes or modifications to the system would otherwise reduce the project to meet the criteria for processing by a district office of the Department, unless the Secretary or the Secretary’s designee determines that reassignment and transfer of the application to the Director of District Management for review and final agency action would result in the application being more efficiently or effectively processed. An application will be determined to be more efficiently or effectively processed by a district office where the district office has: had extensive consultations or preapplication meetings with the applicant prior to submittal of an application; extensive knowledge of a site or history of the activity by staff of the district office of the Department; prior involvement with previous, related phases of a multi-phase a project that is divided into seperate parts to be completed at different times or under different circumstances. These parts are called phases. activity; been involved with previous enforcement actions to resolve violations on the property; processed related previous permit applications or enforcement actions; or an extensive history of permitting in the vicinity of the activity. Such reassignment or transfer may occur at any time before final agency action on the application. If such an application is submitted to the Division of Environmental Resource Permitting, the Department will accept the application and forward it to the appropriate district office. If the Department determines at any time during the review of an application that is being processed by a district office of the Department that the activity exceeds the criteria listed in Subsection (2), or meets the criteria listed in Subsection (3), the application shall be reassigned and transferred to the Division for processing unless the Secretary or the Secretary’s designee determines that continued processing of the application by the Director of District Management would result in the application being more efficiently and effectively processed as specified above.  If  an application is reassigned and transferred or forwarded as noted herein, the applicant shall be notified in writing within 30 days of such transfer.

      (2) Activities for which applications shall be reviewed by a district office of the Department:

      (a) systems not involving work in wetlands or other surface waters;

      (b) systems involving less than five acres of any combination of construction or alteration in, on or over wetlands or other surface waters, or the creation of wetlands or other surface waters.  This acreage limit shall not include mitigation that is proposed by an applicant to offset otherwise unpermittable aspects of the activity;

      (c) activities involving docking facilities with less than 30 new wet or dry boat slips,  including those on lifts, except for activities that involve expansions of docking facilities that were previously permitted by the Bureau of Wetland Resource Management or the Division of Environmental Resource Permitting.  However, the renovation, reconstruction, or relocation of existing slips shall not be considered to constitute new slips for the purposes of this paragraph;

      (d) new riprap revetments or vertical seawalls of any length;

      (e) the installation of mooring buoys which provide mooring for less than 30 wet or dry boat slips, including those on lifts, aids to navigation, signs, fences, boat ramps, ski jumps, ski slalom courses, piling supported structures which are not physically connected to uplands, estuarine and marine aquaculture facilities, treasure salvage, and archaeological research and exploration activities;

      (f) the installation of fish attractors by the Florida Game and Fresh Water Fish Commission;

      (g) dredging and filling associated with bridge demolition activities not previously authorized by a Department permit;

      (h) the installation of transmission and distribution lines, not subject to the Transmission Line Siting Act, Sections 403.52-403.5365, F.S., which do not extend through the service boundaries of more than one of the Department's district offices;

      (I) the construction of artificial reefs, regardless of the size of the area affected;

      (j) activities which also require a solid waste Sludge that is not regulated under the federal Clean Water Act or Clean Air Act, as well as sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Materials not regulated as solid waste pursuant to this chapter are: recovered materials; nuclear source or byproduct materials regulated under Chapter 404, F.S., or under the Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production. management permit under Chapter 62-701, F.A.C., regardless of size; or

      (k) Systems that qualify for a noticed general permit, in accordance with chapter 62-341, F.A.C.

      (3) Activities for which applications shall be submitted to the Division of Environmental Resource Permitting:

      (a) activities which do not meet the criteria listed above;

      (b) mitigation banks, regardless of the size of the area affected;

      (c) activities conducted by the U.S. Army Corps US Army Corps of Engineers of Engineers, regardless of the size of the area affected;

      (d) the construction or installation of transmission or distribution lines and pipelines that extend through the service boundaries of more than one of the Department's districts;

      (e) the expansion of an activity that was previously permitted by the Division of Water Management or the Division of Environmental Resource Permitting;

      (f) activities at ports, regardless of the size of the area affected or the number of slips proposed;

      (g) activities required to develop applications for certification under the Siting Acts contained in Chapters 341 and 403, F.S.;

      (h) activities which also require a coastal construction permit pursuant to Section 161.041, F.S.

      (4) Applications submitted to a district office for review shall be accepted and transferred to the Division of Environmental Resource Permitting for review if the Department determines that:

      (a) the activity or any portion of it includes those activities listed in Subsection (3) or exceeds the criteria in Subsection (2);

      (b) the activity has the potential to affect other activities or properties in more than one of the Department’s districts;

      (c) the activity has the potential for large scale environmental impacts that transcend county, Department district, water management district, or state boundaries;

      (d) the activity involves extensive multi-agency coordination or coordination between Department bureaus or divisions which could best be accomplished at the Division level;

      (e) the activity involves unproven technology or experimental procedures that will require statewide oversight or extensive multi-agency coordination; or

      (f) the activity has been the subject of extensive prior consultations or preapplication meetings between Division staff and the applicant prior to submittal of the application. If an application is reassigned and transferred or forwarded as noted herein, the applicant shall be notified in writing within 30 days of such transfer. 

Specific Authority  120.53, 373.026, 373.043, 373.044, 373.118, 373.414, 373.418, FS.

Law Implemented  120.60, 373.026, 373.118, 373.413, 373.414, 373.416, 373.421, 373.426, FS.

History --  New 7-4-95, Amended 8-14-96.

      62-343.090 Processing of Notices and Applications.

      (1) Noticed General Permits.

      (a) After notice is provided to the Department following the procedures described below, a noticed general permit authorizes, subject to specified general and specific conditions, the construction, operation, maintenance, alteration, abandonment, or removal of those surface water management systems, as set forth in Part II, Chapter 62-341, F.A.C.

      (b) Any person wishing to construct, operate, maintain, alter, abandon, or remove a surface water management system pursuant to a noticed general permit set forth in Part II, Chapter 62-341, F.A.C., shall provide a notice of intent to construct activities under the general permit to the Department by submitting a complete Form 62-343.900(1), F.A.C., with the complete application fee required by Section 62-4.050, F.A.C., to the appropriate district office of the Department, as set forth in Section 62-343.080, F.A.C., at least 30 days prior to undertaking construction, operation, maintenance, alteration, abandonment, or removal of the system, or by such other time as is specified in the rule establishing the noticed general permit. For the purposes of this Subsection, Form 62-343.900(1), F.A.C., is considered submitted when it is actually received by the Department. The information in the notice shall describe the proposed system, its location, and other information as required in Chapter 62-341, F.A.C., to demonstrate that the activity qualifies for the requested noticed general permit. Projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement.

      (c) Within three business days of receipt of an application for a noticed general permit, the Department shall send a copy of Section A and the materials submitted from Section B of Form 62-343.900(1), F.A.C., to the appropriate office of the U.S. Army Corps of Engineers (unless specifically authorized by the Corps to do otherwise), and, for noticed general permits under Section 62-341.475, F.A.C., to the Florida Game and Fresh Water Fish Commission.

      (d) If the Department determines that the system does not qualify for the noticed general permit pursuant to Part II, Chapter 62-341, F.A.C., the Department shall so notify the applicant by mailing a notice within 30 days of receiving notice of intent.  Except as provided in Section 62-341.475, F.A.C., if the Department does not so notify the applicant, the applicant may conduct the activity authorized by the noticed general permit pursuant to the general and specific conditions and other requirements of Part II, Chapter 62-341, F.A.C.  For the purposes of this paragraph, mailing shall be deemed to occur when the notice is properly addressed, stamped, and deposited in the United States mail, and the postmark date shall be the date of mailing.

      (e) When the Department notifies the applicant that the activity does not qualify for a noticed general permit due to an error or omission in the original notice to the Department, such as a failure to submit the full correct application fee, the applicant shall have 60 days from the date of notification to amend the notice to use the general permit and submit additional information or to correct such error or omission.  If the applicant amends the notice to use a noticed general permit and submits additional information correcting the error or omission within the 60 day time limit, no additional application fee will be required.  If, after review of the submitted information, the Department determines that the system still does not qualify for the noticed general permit, the Department shall so notify the applicant within 30 days of receiving the amended notice, and the applicant shall not be provided further opportunity to submit information regarding the original notice.  If the Department does not mail the notice informing the applicant that the activity does not qualify for a noticed general permit within 30 days of receipt of the original notice to use the general permit, or amended notice to use the general permit if an amended notice is submitted, the applicant may conduct the activity authorized by the noticed general permit.

      (f) If the Department notifies an applicant that the activity for which a noticed general permit is sought does not qualify for the noticed general permit, the application fee for the noticed general permit shall be applied to the application fee required by Section 62-4.050, F.A.C., for a standard general, individual, or conceptual approval permit if the applicant makes an application for such a permit within 30 days of notification to the Department.

      (g) All construction, operation, maintenance, alteration, abandonment, or removal of any system pursuant to a noticed general permit shall comply with the provisions of that permit, including all general and specific conditions.

      (2) Standard General, Individual, and Conceptual Approval Permit Procedures.

      (a) Those specific classes of surface water management systems which meet the criteria in Chapter 62-330, F.A.C., are eligible for a standard general, individual or conceptual approval permit.

      (b) Applications for standard general, individual, and conceptual approval permits shall be submitted on Form

62-343.900(1), F.A.C., to the appropriate Department office, as set forth in Section 62-343.080, F.A.C.

      (c) The Department shall notify the applicant if the activity for which the standard general, individual, or conceptual approval permit is sought is exempt from permitting. Such notice shall be given within 30 days of receipt of the application, or within 10 days of receipt of additional information which demonstrates to the Department that the proposed activity is exempt.  Upon determination that the activity is exempt from permitting, the Department shall refund any tendered application fees.

      (d) Within 30 days after receipt of an application for a standard general, individual, or conceptual approval permit, the Department shall review the application to determine whether all information needed for a complete evaluation of the application has been submitted.  If the Department determines the application to be incomplete, the Department will request the necessary information within 30 days after receipt of the application.

      (e) Within 30 days after receipt of each submittal of timely requested additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.

      (f) The applicant shall have ninety days from the date the Department mails a timely request for additional information to submit that information to the Department.  If an applicant requires more than ninety days in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for one additional period of up to ninety days.  Additional extensions shall be granted for good cause shown by the applicant.  A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause.  Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.  Under rule 62-110.106, the applicant may request a hearing to dispute the necessity of the information required.

      (g) If a standard general, individual, or conceptual approval permit application involves activities located in, on, or over wetlands or other surface waters, as determined by the methodology ratified by section 373.4211, F.S., and codified in chapter 62-340, F.A.C., or as otherwise indicated in application form 62-343.900(1), F.A.C., the Department shall, at a minimum, forward a copy of Sections A and C of the form, including any drawings required in Section C, to the appropriate office of the U.S. Army Corps of Engineers, the Florida Game and Fresh Water Fish Commission, and the Florida Department of State Division of Historical Resources within three business days of receipt of the application, unless specifically authorized by the Corps to do otherwise.

      (h) A notice of receipt of a complete or substantially complete application shall be provided to any persons who have filed a written request for notification of any pending applications affecting the particular area in which the proposed activity is to occur.  Where a person has requested notice of the intended agency action for a specific application, the Department shall provide such person with notice of such intended agency action on that specific application.

      (i) The Department shall issue either a permit or a notice of intent to grant the permit, or shall deny the application within 90 days of receipt of a complete application, unless a written request to waive this time period is received from the applicant.  The notice of intent to grant the permit or the denial shall satisfy the time periods established in Subsection 120.60(1), F.S., for approval or denial within 90 days after receipt of a complete application.

      (j) If the Department issues a notice of denial, such notice of denial shall explain the reasons for denial in general terms, and what changes in the permit application, if any, would address the reasons for denial.  The reasons for denial shall not be limited to the types of modifications that are considered to reduce or eliminate adverse impacts to wetlands or other surface waters.

      (k) In addition to the notice required by paragraph (2)(h) above, the Department shall require an applicant to publish at the applicant's expense, in a newspaper of general circulation within the affected area, a notice of receipt of the application for those activities which, because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. In addition, the Department shall require an applicant to publish at the applicant's expense, in a newspaper of general circulation within the affected area, a notice of intended agency action for those activities which, because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings, and for all activities requiring individual permits required to be processed by the Division of Water Resource Management.  An application shall be denied if the applicant fails to publish any notice required by the Department as provided in this chapter, or to provide proof of publication as required in this chapter.

Specific Authority  120.54(5)(a), 373.026(7), 373.043, 373.118, 373.413, 373.414, 373.418, FS.  Law Implemented  120.54(5)(a), 120.60(1), 373.109, 373.406(5), 373.413, 373.414, 373.4141, 373.416, 373.426, 373.428, FS.  History -- New 7-4-95, Amended 8-14-96, 8-16-98.

      62-343.100 Modification of Permits.

      (1) Modifications to an existing, currently valid permit may be requested by the permittee. The Department will determine whether the requested modification is minor or major based on the magnitude and nature of the proposed modification and the potential for the modification to have environmental impacts that are significantly different from those previously considered by the Department for the activity. The procedures and criteria for modification of permits are as follows:

      (a) A permittee may request a minor modification either by formal application, as specified in paragraph (b), or by letter which describes the proposed modification or modifications, with revised drawings attached where needed to reflect a change in the design of the system.  Requests for minor modifications, whether by letter or formal application, shall be reviewed using the same criteria as new applications in accordance with the standards in Chapters 62-4, 62-341, and 62-330, F.A.C., and this chapter.  A minor modification request shall be accompanied by the processing fee specified in Paragraph 62-4.050(4)(r), F.A.C. A major modification shall require the same fee as a new application. Minor modifications may include requests for a time extension pursuant to Section 62-343.120, F.A.C., to correct errors or typographical mistakes, to incorporate changes requested by the Department or required through permits issued by other regulatory pertaining to authority granted by rules and regulations. agencies, to change due dates for reporting or performance deadlines, to transfer a permit, or to make minor technical changes. For the purpose of this chapter, a modification shall be considered to be minor only where the modification does not:

      1. require a new site inspection by the Department in order to evaluate the request; or

      2. substantially:

      a. alter the permit conditions;

      b. increase the authorized discharge;

      c. have substantially different or increased impacts on wetlands and other surface waters, as delineated by the methodology ratified by section 373.4211, F.S., and codified in Chapter 62-340, F.A.C.;

      d. decrease the retention/detention specified by the original permit;

      e. decrease any flood control elevations for roads or buildings specified by the original permit; or

      f. increase the project area.

      (b) A modification which does not meet the requirements in paragraph (a) is a major modification.  A permittee shall request a major modification by submitting a completed application form, as required in Rules 62-343.070(2) and

62-343.090(2)(b), F.A.C., together with a processing fee in the same amount as a new application for the requested activity, as specified in Section 62-4.050, F.A.C.  Such application shall be reviewed and noticed using the same criteria as new applications, in accordance with the procedures, standards, and fees in Chapters 62-4, 62-341, and 62-330, F.A.C., and this chapter;

      (c) For good cause and after notice and an administrative hearing, if requested, the Department shall require the permittee to conform to new or additional conditions.  Upon a showing by the permittee that a specific period of time is required to comply with the new or additional conditions, the Department shall allow the permittee such time to conform to the new or additional conditions.  For the purpose of this section, good cause shall include any of the following:

      1. a showing of any change in the environment or surrounding conditions that requires a modification to conform to applicable water quality standards;

      2. for discharges into wetlands or other surface waters, a showing that new or changed classification of the water requires a modification of the discharge;

      3. adoption or revision of Florida Statutes, rules, or standards which require the modification of a permit condition for compliance;

      4. to correct errors or omissions in the permit with the consent of the permittee;

      5. to correct a permit as a result of the submittal of incorrect, inaccurate, or incomplete information in the application; or

      6. if the system has become a danger to the public health or safety.

      (2) A permit which has expired or which has been revoked shall not be subject to modification.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  373.026(7), 373.043, 373.109, 373.118, 373.414, 373.418, 373.421, FS.  History -- New 7-4-95, Amended 8-14-96.

      62-343.110 Duration of Permits.

      (1) Unless revoked, extended or otherwise modified, the duration of a permit under this Chapter is:

      (a) For conceptual approval permits, twenty (20) years from the date of issuance of the conceptual approval permit, provided that a standard general or individual permit to construct the initial phase of construction is obtained, and construction of the initial phase has commenced within two (2) years of the issuance of the conceptual approval permit. However, if the activity approved by the conceptual approval permit is undergoing a development-of-regional-impact review pursuant to Section 380.06, F.S., and an administrative appeal of that review has been filed, the permittee may toll the two (2) year time period for permitting and undertaking construction by notifying the Department, in writing, within two (2) years of issuance of the conceptual permit, that the development-of-regional-impact review has been appealed. The applicant shall also notify the Department, in writing, of the final action resolving such administrative appeal. If proper notice is given as indicated above, the two (2) year time period for permitting and undertaking construction shall be tolled from the date the administrative appeal of the development-of-regional-impact review is filed, to the date of final action resolving such administrative appeal;

      (b) Five (5) years for a noticed general permit to construct, alter, or remove a system, which duration commences from the date notice is provided to the Department in accordance with the procedures in subsection 62-343.070(2) and Rule 62-343.090, F.A.C.;

      (c) Five (5) years from the date of issuance for a standard general or individual permit to construct, alter, abandon, or remove a system, except where the permit expressly authorizes a longer duration to allow completion of the construction, alteration, abandonment, or removal of a system. Applications requesting such a longer duration permit must provide reasonable assurance that:

      1. The activity for which the permit is to be granted cannot reasonably be expected to be completed within five (5) years after commencement of construction; and

      2. The impacts of the activity, considering its nature, the size of the system, and any required mitigation, can be accurately assessed, and offset where appropriate, and the terms of the permit can be met for the duration of the permit requested;

      (d) Perpetual for the operation and maintenance phase of a standard general or individual permit. Unless otherwise specified in the permit, the operation phase of a permit shall not become effective until:

      1. The permittee or authorized agent has, within thirty (30) days after completion of construction of the permitted activity, filed a written statement of completion and certification by a registered professional or other individual as required by Chapter 471, 472, 481 or 492, F.S., utilizing Form 62-343.900(5), indicating that the system is constructed and ready for inspection, and complied with all other general and specific conditions of the permit; and

      2. The Department has approved the other entity as the transferee under the provisions of subsections 62-343.130(2) and (3), F.A.C., if transfer is requested to an entity other than the permittee.

      (2) Standard general, individual, and conceptual approval permits shall expire as provided in subsection (1) and on the date or dates indicated in the permit, unless a written application for extension is filed with the Department pursuant to this chapter on or before the date of expiration. If an application for extension is timely and sufficient under Rule 62-343.120, F.A.C., the permit shall remain in full force and effect until the Department takes action on the application for extension.

Specific Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History – New 7-4-95, Amended 8-14-96, 10-10-07.

      62-343.120 Permit Extensions.

      (1) Applications for extensions of environmental resource permits may be applied for and will be treated as modifications of the permit under the provisions of Subsection 62-343.100(1), F.A.C.

      (2) A modification to extend a valid permit shall be granted if the application for extension is timely received in accordance with Subsection 62-343.120(3), F.A.C., and if the activity authorized by the permit is consistent with the Department's rules in effect at the time the Department takes final agency action on the request for extension.

      (3) An application for permit extension is timely if filed at the appropriate Department office 60 days prior to expiration of the existing permit.  Mailing the application does not constitute filing until such application is received by the Department.

      (4) If a timely, sufficient, and complete application is received for an extension of a permit to construct, alter, abandon, or remove a system, then the existing permit shall remain in full force and effect until the Department takes action on the application for extension.  If the request for permit extension is denied or the terms limited, the permit shall not expire until the last day for requesting review of the Department order, or a later date fixed by order of the reviewing court.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  373.413, 373.414, 373.416, 373.426, FS.  History -- New 7-4-95.

      62-343.130 Transfer of Ownership or Permit.

      (1) Within 30 days of any transfer of ownership or control of the real property at which any permitted activity is located, or within 30 days after the sale or legal transfer of a permitted facility, the permittee shall submit an executed "Application for Transfer of Permit" (Form 62-343.900(8) F.A.C.) to the Department, together with the complete processing fee specified in Rule 62-4.050(4)(r)3., F.A.C. This form must be completed with signatures of both the permittee and the proposed transferee.

      (2) The Department shall approve a request for transfer of a permit if the proposed transferee provides reasonable assurance that it can construct, operate and maintain the permitted system in conformance with the terms and conditions of the permit. Such provisions of reasonable assurance shall be limited to the ability of the transferee to comply with the conditions of the existing permit. Nothing herein shall limit the ability of the Department to modify the permit after transfer, as provided in Section 62-343.100, F.A.C. If the Department proposes to deny the transfer, it shall, within 90 days of receipt of the application for transfer, provide both the existing permittee and the proposed new permittee a written notice of intent to deny such transfer.

      (3) Until a transfer is approved by the Department, the permittee and any other person constructing, operating, or maintaining the permitted system shall be liable for compliance with the terms of the permit.  The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the approval of the transfer by the Department.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  373.109, 373.413, 373.414, 373.416(2), 373.426, FS.  History -- New 7-4-95, Amended 8-14-96.

      62-343.140 Suspension and Revocation.

      (1) The Department shall revoke or suspend a permit when necessary to protect the public health, safety or welfare.

      (2) The provisions of Subsection (1) shall not preclude the Department from exercising other enforcement remedies pursuant to sections 120.59(3), 120.60(5), 120.60(6), 120.69, 120.73, 373.119, 373.129(7), 373.136 and 373.430, F.S., either in addition to or instead of suspension or revocation described above.

      (3) No revocation shall become effective except after notice as provided by Chapter 28-106.111, F.A.C.  The notice shall specify the provision of the law, or rule alleged to be violated, or the permit condition or Department order alleged to be violated, and the facts alleged to constitute a violation thereof.

      (4) The party affected by the revocation or suspension may file a written petition for hearing no later than 21 days after notice of revocation or modification is served. If the Department determines that the danger to the public is imminent, the Department shall issue an order temporarily suspending the construction, alteration, or operation of the works until the hearing is concluded, and shall take any remedial action required as authorized under Section 373.439, F.S.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  120.60(6), 373.429, FS.  History -- New 7-4-95, Amended 8-14-96. 

PART II

FORMS

      62-343.900 Environmental Resource Permit Forms.

      The forms and instructions used by the Department in the Environmental Resource Permit program are adopted and incorporated by reference in this section.  The forms are listed by rule number, which is also the form number, and with the subject title and effective date.  Copies of forms may be obtained from the Internet at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm, by contacting any local district or branch officer of the Department or by contacting the Bureau of Beaches and Wetland Resources, MS 2500, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any local district or branch office of the Department.

      (1) Joint Application An application to conduct an activity that may be reviewed by the Department, water management districts and the US Army Corps of Engineers. for: Environmental Resource Permit (Part IV, Chapter 373, F.S.)/Authorization to use State Owned Submerged Lands/Federal Dredge removal of materials by any means from wetlands or other surface waters. Also the removal of upland soil in order to create a wetland that will be connected to other surface waters or wetlands. and Fill depositing material by any means in wetlands or other surface waters. Permit, and Supplements A through E, excluding Attachments I through VI, July 4, 1995.

      (2) Petition for Formal Determination of the Landward Extent of Wetlands and Surface Waters, February 19, 2003.

      (3) Environmental Resource Permit Construction Commencement Notice, July 4, 1995.

      (4) Environmental Resource Permit Annual Status Report Form, July 4, 1995.

      (5) Environmental Resource Permit As-Built Certification by a Registered Professional, July 4, 1995.

      (6) Environmental Resource Permit Inspection Certification, July 4, 1995.

      (7) Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase, July 4, 1995.

      (8) Application for Transfer of Permit, Form Number 62-343.900(8), Adopted  August 14, 1996.

Specific Authority  373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421, FS.  Law Implemented  373.109, 373.413, 373.414, 373.416, 373.421, 373.426, FS.  History -- New 7-4-95, Amended 8-14-96, 2-19-03.