Fla. Admin. Code Ann. R. 62B-49.008 - Permit Modifications

(1) Applications for major modifications to activities authorized under existing permits shall be processed in the same manner as new permits. The applicant shall submit a new application form, any changes to the permit drawings, and information demonstrating that the activity continues to meet the permitting requirements in this chapter, including physical or biological surveys that reflect the current conditions (if those surveys are pertinent to the proposed modification). The applicant may rely on information previously submitted to the Department in the original application if that information still reflects the current conditions.

(2) Major modifications are design changes that are of such size or nature that they are expected to either increase the potential for adverse impact, have a significantly different type of environmental impact, or impact resources at new locations.

(3) Minor modifications are design changes that are not expected to either increase the potential for adverse impact or have a significantly different environmental impact than the authorized activity.

(4) Applications for major and minor modifications shall be accompanied by the full application fee, calculated and submitted according to Rule 62B-49.006, F.A.C.

(5) Permit modifications shall include additional specific conditions or revisions to existing conditions that are necessary to provide reasonable assurance that the modified project will meet applicable rules and statutes.

(6) The Department shall, for good cause and after notice to potentially affected parties, require the permittee to conform to new or revised conditions. An application from the permittee to modify the permit is not required for the Department to initiate such action, known as an administrative modification. 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 rule, good cause shall include any of the following:

(a) A showing of any change in the environment or surrounding conditions that would result in a violation of water quality standards pursuant to Rule 62-302.530, F.A.C., or would result in a significant adverse impact to the coastal system;

(b) A record of non-compliance with Department permits by the permittee, the authorized agent or the contractor;

(c) Adoption or revision of Florida Statutes or Department rules/standards that necessitate the modification of a permit condition to bring the permit into compliance with the statute, rule or standard;

(d) Errors or omissions in the permit with the consent of the permittee;

(e) Submittal of incorrect, inaccurate, or incomplete information in the application;

(f) The activity or structure has become a danger to the public health or safety;

(g) Issuance of a new or revised Biological Opinion by the U.S. Fish & Wildlife Service or the National Marine Fisheries Service, or

(h) A change in the classification of the waterbody.

(7) Issuance of the modification shall require notice to potentially affected parties.

Notes

Fla. Admin. Code Ann. R. 62B-49.008

Rulemaking Authority 161.055(2), 373.427(1) FS. Law Implemented 161.0535, 161.055(1), (2), (3), 373.427(1), (2), (4), (5) FS.

New 10-12-95, Amended 2-19-98, 5-17-07, Amended by Florida Register Volume 41, Number 214, November 3, 2015 effective 11/19/2015.

New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.