Section 62B-56.140 - Conversion to Maintenance Phase(1) Upon completion of construction of a reconstructed dune authorized under this chapter, the permit must be converted from the construction phase to the maintenance phase.(2) Completion of construction shall be certified as follows: (a) Within 30 days after completion of construction in conformance with an individual permit issued under this chapter, the responsible entity shall submit two copies of a signed and sealed as-built survey of the reconstructed dune. The information depicted on the drawing shall be from a field survey conducted not more than fourteen days following completion of construction. The survey shall comply with the requirements given in rule 62B-56.080, F.A.C.; and,(b) Within 30 days after completion of construction, the responsible entity shall submit a completed Form 62B-56.900(6), entitled "Final Construction Certification of Reconstructed Dune" (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/ beaches.(3) Within 30 days after completion of construction, the responsible entity shall also submit Form 62B-56.900(7), entitled "Conversion of Permit for a Reconstructed Dune from Construction Phase to Maintenance Phase" (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. Such submittal shall include confirmation of financial assurances, and plans for annual maintenance and monitoring. Upon receipt and review of the information, the Department shall determine compliance with the terms and conditions of the permit and this chapter and notify the responsible entity whether the conversion to the maintenance phase will become effective.(4) The maintenance phase of an individual permit shall not become effective if the Department determines that the activity authorized by the permit is not in substantial compliance with all the plans, specifications, terms, and conditions of the permit. In such case, the responsible entity shall be responsible for any necessary modifications, alterations, maintenance or repairs to bring the system into such compliance.(5) Once the maintenance phase of the project has been initiated, the responsible entity shall provide an annual inspection report to the Department on Form 62B-56.900(8), entitled "Maintenance Inspection Report" (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. This report shall be filed with the Department within 30 days after the inspection. The inspection shall be conducted as specified in the permit and include the following: (a) The depth of sand cover over the geotextile core of the reconstructed dune shall be surveyed no earlier than 30 days before the start of the marine turtle nesting season and in consideration of other protected species. The sand depth shall be measured at 50-foot intervals along the seaward edge of the reconstructed dune and at 10-foot intervals along each profile line at 50-foot intervals from the seaward edge of the reconstructed dune to its landward limit, unless the responsible entity can otherwise demonstrate to the Department that sand coverage over the dune exceeds three feet. If there is less than three feet of sand cover over the core structure, the responsible entity shall place beach compatible sand over the core structure to reestablish the three feet of sand cover prior to the start of the marine turtle nesting season. The sand placement shall be in accordance with the terms and conditions of the approved permit; and, (b) A vegetation survey including the species, coverage and condition of native beach-dune vegetation and the degree and extent of disturbance of the vegetation. The responsible entity shall replant damaged or lost vegetation in accordance with the terms and conditions of the permit.(6) If the responsible entity demonstrates that the core of the reconstructed dune does not require continued maintenance in order to maintain a minimum of three feet of continuous sand coverage, and established beach-dune vegetation, then the Department shall eliminate the annual inspection requirement.(7) If a coastal storm, an act of vandalism, or other event, damages or uncovers the geotextile container, the responsible entity shall submit a report within 14 days of the occurrence. The report shall identify all corrective actions that are needed to bring the system back into compliance, including a proposed construction schedule. No corrective actions shall be taken by the responsible entity until the Department provides them with written authorization to proceed with the required maintenance.(8) The reporting activities described above shall be filed with the Department using Form 62B-56.900(8), entitled "Maintenance Inspection Report" (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.Fla. Admin. Code Ann. R. 62B-56.140
Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.085(9) FS.