CHAPTER 62-341

NOTICED GENERAL ENVIRONMENTAL

RESOURCE PERMITS

TABLE OF CONTENTS

PAGE

62-341.021 Definitions.

62-341.201 Policy and Purpose.

62-341.215 General Conditions for All Noticed General Permits.

62-341.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities.

62-341.427 General Permit for Certain Piers and Associated Structures.

62-341.428 General Permit for Floating Vessel Platforms and Floating Boat Lifts.

62-341.431 General Permit for Installation of Riprap.

62-341.437 General Permit for the Installation of Fences.

62-341.439 General Permit for the Construction or Maintenance of Culverted Driveways or Roadway Crossings, and Bridges of Artificial Waterways.

62-341.443 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.

62-341.447 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights‑of‑Way or Easements.

62-341.448 General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway.

62-341.453 General Permit for Installation, Maintenance, Repair, and Removal of Underground Cable, Conduit, or Pipeline.

62-341.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters.

62-341.457 General Permit for Subaqueous Utility Crossings of Artificial Waterways.

62-341.463 General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

62-341.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

62-341.475 General Permit for Minor Activities.

62-341.476 General Permit for Private Single-Family Residences Within Jupiter Farms, Palm Beach County.

62-341.483 General Permit to Water Management Districts to Conduct Minor Activities.

62-341.485 General Permit to Water Management Districts for Environmental Restoration or Enhancement.

62-341.486 General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities.

62-341.487 General Permit to Water Management Districts to Change Operating Schedules for District Water Control Structures.

62-341.490 Noticed General Permit for Dredging by the West Coast Inland Navigation District.

62-341.491 Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone.

62-341.492 Noticed General Permit for Prospecting.

62-341.494 Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County.

62-341.495 General Permit to the U.S. Forest Service for Minor Works within National Forests.

62-341.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

62-341.600 General Permit for the Construction of Artificial Reefs.

62-341.601 General Permit for Clam and Oyster Culture on Sovereignty Submerged Lands Aquaculture Leases. (Repealed)

62-341.602 General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities.

62-341.603 General Permit for Non-nursery Cultivation and Wild Collection of Aquatic Plants.

62-341.610 General Permit to Perform Prospecting Activities for Phosphate Minerals.

62-341.611 General Permit for Temporary Dragline Crossings of Waterways.

62-341.612 General Permit for Low Water Crossings.

62-341.620 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities.

62-341.621 General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects.

62-341.630 General Permit for Single Family Residential Lots Within the Indian Trail Water Control District.

62-341.900 Noticed General Permit Forms.

PART I

GENERAL PROVISION

# 62-341.021 Definitions.

Except as otherwise provided in this chapter, the definitions of Chapters 62-330 and 62-346, F.A.C., including those incorporated by reference, shall apply to this chapter. Additionally, as used in this chapter:

(1) “Aquatic
consisting of, relating to or being in water. preserves” means those areas designated in Part II, Chapter 258, F.S.

(2) “Canal” means a trench, the bottom of which is normally covered by water, with the upper edges of its two sides normally above water.

(3) “Coral” means living stony or soft corals.

(4) “Channel” means a trench, the bottom of which is normally covered entirely by water, with the upper edges of one or both of its sides normally below water.

(5) “Department
Florida Department of Environmental Protection” means the Florida Department of Environmental Protection.

(6) “Drainage ditch” or “irrigation ditch” means a man-made trench which is dug for the purpose of draining water from the land or for transporting water for use on the land and which is not built for navigational purposes.

(7) “Dredging” means the excavation
removal of material by any means from uplands., by any means, in 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. or 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. as delineated in Section 373.421(1), F.S. It also means the excavation, or creation, of a water body which is, or is to be, connected to any surface waters or wetlands as delineated in Section 373.421(1), F.S., directly or via an excavated water body or series of excavated water bodies.

(8) “Endangered species” means those animal species which are listed in Rule 68A-27.003, F.A.C., and those plant species which are listed in 50 Code of Federal Regulations Section 17.12 (1994).

(9) “Estuary” means a semi-enclosed, naturally existing coastal body of water which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.

(10) “Filling” means the deposition, by any means, of materials in surface waters or wetlands, as delineated in Section 373.421(1), F.S.

(11) “Forested wetlands” means those wetlands where the canopy coverage by trees with a diameter at breast height of greater than 4 inches is greater than 10 percent, as well as those areas required to be planted with tree species to establish or reestablish forested wetlands pursuant to a permit issued, or enforcement action taken, under rules adopted under Part IV of Chapter 373, F.S., or Sections 403.91-.929, F.S. (1984 Supp.), as amended, and those areas where the canopy has been temporarily removed but are expected to revegetate to a forested wetland if use of the area would remain unchanged.

(12) “Herbaceous wetlands” means those wetlands dominated by non-woody vegetation that have less than a 10 percent canopy coverage of trees with a diameter at breast height of greater than 4 inches.

(13) “Lagoon” means a naturally existing coastal zone depression which is below mean high water
The average height of the high tides of a 19-year period. and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier.

(14) “Materials” means matter of any kind, such as sand, clay, silt, rock, dredged material, construction debris, 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., pilings or other structures, ash, and residue from industrial and domestic processes. The term shall not include the temporary use and placement of lobster pots, crab traps, or similar devices or the placement oyster cultch pursuant to Section 370.16, F.S., or Chapter 62N-5, F.A.C.

(15) “Riprap” is a sloping retaining or stabilizing structure made to reduce the force of waves and to protect the shore from erosion
the movement of soil or sand by flowing water. Evidence of erosion includes gullys, surface scouring and 'washed out' soils., and consists of unconsolidated boulders, rocks, or clean concrete rubble with no exposed reinforcing rods or similar protrusions.

(16) “Seawall” means a man-made wall or encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.

(17) “Species of special concern” means those species listed in Rule 68A-27.005, F.A.C.

(18) “Submerged
beneath the surface of the water. grassbeds” means any native, herbaceous, submerged vascular plant community that is growing on the bottoms of surface waters waterward of the mean high water line or ordinary high water
The average height to which water ordinarily rises annually in season. Applies to non-tidal waterbodies. line.

(19) “Swale” means a man-made trench which:

(a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than three feet horizontal to one foot vertical;

(b) Contains contiguous areas of standing or flowing water only following a rainfall event;

(c) Is planted with or has stabilized
for the purpose of erosion, sedimentation and turbidity, this means the site has reached a condition in which it is not likely to produce runoff or otherwise harm water quality. This can be achieved by the growth of plants over an area, settling of disturbed sediments in a waterbody or other approved methods. vegetation suitable for soil stabilization, stormwater
the flow of water which results from, and which occurs immediately following, a rain event treatment, and nutrient uptake; and

(d) Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge
to allow or to cause water to flow..

(20) “Threatened species” means those animal species listed in Rule 68A-27.004, F.A.C.

(21) “Vertical seawall” is a seawall the waterward face of which is at a slope greater than 75 degrees to the horizontal. A seawall with sloping riprap covering the waterward face to the mean high water line shall not be considered a vertical seawall.

(22) “Water Management District” or “District” means a Water Management District created pursuant to Section 373.069, F.S.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History – New 10-3-95, Amended 10-1-07.

PART II

NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

# 62-341.201 Policy and Purpose.

(1) The purpose of Part II of this chapter is to provide noticed general environmental resource permits for those activities which have been determined to have minimal impacts to the water resources of the District, both individually and cumulatively, when conducted in compliance with the terms and conditions of the general permit. Unless specifically provided for in the general permit, mitigation is neither necessary nor required for activities that qualify for noticed general permits. Persons wishing to use one or more of the general permits under this Part shall be subject to the notice provisions of Rule 62-343.090, F.A.C., or, for activities within the geographical area of the Northwest Florida Water Management District, Rule 62-346.090, F.A.C., before any activity
or activities means construction alteration, operation, maintenance, abandonment, or removal of any surface water management system including dredging or filling. is conducted as authorized herein. The general conditions provided pursuant to Rule 62-341.215, F.A.C., shall apply to all of the noticed general permits in this Part. Strict compliance with all of the terms, conditions, requirements, limitations and restrictions applicable to a desired 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 this Part is required to qualify for such a permit.

(2) A review of the number, kind, ecological effects and compliance of general permits on water resources of the state individually and cumulatively shall be undertaken by the Department after consultation with the water management districts every three years with a report to the Secretary and the Environmental Regulation Commission.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History – New 10-3-95, Amended 2-19-03, 10-1-07.

# 62-341.215 General Conditions for All Noticed General Permits.

(1) The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under Part IV of Chapter 373, F.S.

(2) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of Part IV of Chapter 373, F.S., and may result in suspension or revocation of the permittee’s right to conduct such activity under the general permit. The Department also may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions.

(3) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any 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, removal
elimination of all or part of a system. or abandonment
or abandon, means stopping use and maintenance activities for a system or part of a system. authorized by this permit.

(4) This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit.

(5) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules.

(6) The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, 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
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. 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, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.

(7) The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance with Chapter 120 and Section 373.429, F.S.

(8) This permit shall not be transferred to a third party except pursuant to Rule 62-343.130, F.A.C., or, for activities within the geographical area of the Northwest Florida Water Management District, Rule 62-346.130, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system
All structures and all areas established by earth-moving in which surface water flow or storage has been altered. or the real property at which the permitted system is located.

(9) Upon reasonable notice to the permittee, Department staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit.

(10) The permittee shall maintain any permitted system in accordance with the plans submitted to the Department and authorized in this general permit.

(11) A permitee’s right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years.

(12) Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state water quality standards, including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The permittee shall implement best management practices for erosion, turbidity
suspended particles in water, muddiness., and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.

(13) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit.

(14) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.406(5), 373.118(1), 373.129, 373.136, 373.413, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429 FS. History–New 10-3-95, Amended 10-1-07.

# 62-341.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities.

(1) A general permit is hereby granted, except in waters that are accessible to manatees within Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns River and its tributaries in Lake and Seminole Counties, for construction, alteration, maintenance, and operation of a single boat ramp for the following entities or facilities:

(a) An individual, detached single-family dwelling unit or two adjacent detached single-family dwelling units, provided the ramp is located on the shared property line.

(b) A multi-family dwelling unit, which, for the purpose of this rule, shall include attached multi-family dwelling units, regardless of the legal subdivision of the underlying property.

(c) A commercial entity, provided such ramp is open to the general public for the life of the ramp, with or without a fee and without any membership or qualifying requirements.

(d) A governmental entity, such as a federal, state, county, or municipal agency, or a water management or inland navigation district, provided the boat ramp is open to the general public for the life of the facility, with or without a fee. The following associated facilities are also authorized for governmental entities in accordance with the terms and conditions of this general permit, provided the ramp and associated facilities remain open to the general public for the life of the facility, with or without a fee: ingress
Means of entrance. and egress
Means of exit. traffic lanes, boat trailer parking spaces, an access road, and associated accessory docks.

(2) The boat ramp and associated facilities must meet all of the following conditions:

(a) The work does not qualify for an exemption
An activity that does not require a permit. under Part IV of Chapter 373, F.S., or Part V of Chapter 403, F.S.

(b) The work is not part of a larger plan of development that requires a permit under Part IV of Chapter 373, F.S.

(c) A minimum navigational access of two feet below mean low water
The average height of the low tides of a 19-year period. in tidal waters or mean annual low water in non-tidal waters must already exist to the proposed ramp. Depth indicators shall be installed at the ramp to identify the controlling depths of the navigational access.

(d) The construction, alteration, or use of the boat ramp, including any accessory docks, shall not adversely impede navigation or create a navigational hazard in the water body.

(e) There shall be no dredging or filling of submerged grassbeds or coral communities.

(f) There shall be no filling of wetlands or other surface waters, other than for construction of the actual boat ramp surface, incidental filling associated with recontouring the land under the ramp to create a smooth grade
construction ground level., and placement of pilings for associated accessory docks.

(g) No part of the accessory docks shall be located over submerged grassbeds or coral communities.

(h) Dredging shall be limited to no more than 100 cubic yards, and in no case shall be more than is necessary to construct the boat ramp surface or restore the ramp to its original configuration and dimension.

(i) All dredged material that results from activities authorized by this general permit shall be deposited in an upland spoil site designed and located to prevent the escape of dredged material into wetlands or other surface waters.

(j) The above-water portion of the boat ramp shall be stabilized to prevent turbidity.

(k) The work shall not cause or contribute to violations of state water quality standards.

(l) Work under this general permit shall not commence until the Department has provided written confirmation that the applicant qualifies to use the general permit.

(m) This general permit is limited to one use per parcel of property and cannot be combined with other noticed general permits or exemptions.

(3) Construction of the boat ramp is limited as follows:

(a) The boat ramp for a single-family or multi-family dwelling unit, pursuant to paragraph (1)(a) or (b), is limited to a single lane and must not exceed a width of 20 feet, including the side slopes, with the boat ramp surface not to exceed a width of 12 feet.

(b) The boat ramp for a commercial or governmental entity pursuant to paragraph (1)(c) or (d) is limited to a maximum of two lanes and must not exceed a width of 60 feet, including the side slopes, with the ramp surface not to exceed a width of 36 feet.

(c) Construction or expansion of a multi-family, commercial, or governmental boat ramp pursuant to paragraph (1)(b), (c), or (d) in waters that are accessible to manatees must meet the following criteria:

1. The proposed boat ramp facility must be consistent with the state approved manatee protection plan in counties required to have a manatee protection plan adopted under Section 379.2431(2), F.S., or counties that have voluntarily completed a state approved manatee protection plan. Documentation of plan consistency must be submitted concurrently with the notice to use the general permit in the form of a letter of consistency concurrence from the Florida Fish and Wildlife Conservation Commission.

2. The proposed boat ramp facility must have a kiosk or permanent information display board providing information on manatee protection and applicable manatee zones as adopted in Chapter 68C-22, F.A.C., [12-9-09] for that county.

3. The owner of the boat ramp shall be responsible for ensuring that all construction of the boat ramp complies with the following:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid
Locate structures and activities away from regulated natural resources. collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission Hotline at (1(888)404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville 1(904)731-3336) for north Florida or Vero Beach (1(772)562-3909) for south Florida.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities: one a “Caution: Boaters” sign and another a “Caution: Shutdown” sign each following the format, size, and placement requirements shown on the Florida Fish and Wildlife Conservation Commission website: http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf.

(d) A boat ramp for a multi-family residence or for commercial or governmental entities pursuant to paragraph (1)(b), (c), or (d) can have a maximum of two accessory docks, abutting either one or both sides of the boat ramp, provided that the cumulative square footage of accessory docks over wetlands or other surface waters does not exceed 500 square feet in Outstanding Florida Waters or 1,000 square feet outside Outstanding Florida Waters. In addition, the accessory docks shall not be used for overnight mooring.

(4) Any new construction of upland parking or other impervious
land surfaces that do not allow, or minimally allow, the penetration of water; such as building roofs, normal concreate and asphalt pavements, and some fine grained soils such as clays. For purposes of implementing stormwater treatment quality and quantity requirements, the calculation of the amount of impervious surface does not include wetlands or other surface waters. surface associated with boat ramps for single-family, multi-family, and commercial entities pursuant to paragraph (1)(a), (b), or (c) is subject to the permitting requirements and criteria in Chapters 40B-4, 40B-400, 40C-4, 40C-40, 40C-42, 40D-4, 40D-40, 40E-4, 40E-40, 62-330, or 62-346, F.A.C.

(5) The total impervious surface in uplands that is subject to vehicular traffic associated with a boat ramp for a governmental entity pursuant to paragraph (1)(d) shall not exceed 1.2 acres. Before operating any portion of such a boat ramp facility that contains 4,000 square feet or more impervious surface subject to vehicular traffic, a stormwater management system meeting all of the following requirements must be constructed and fully operational.

(a) Each system must be designed by a 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. in accordance with Chapter 471, 472, 481, or 492, F.S., as applicable, and must be constructed, operated, and maintained to serve the total project area of the boat ramp facility.

(b) No system shall accept or treat offsite runoff.

(c) The system must provide treatment for a minimum stormwater retention volume of one-half inch of runoff. Recovery of the specified retention volume must occur within 72 hours by percolation through the sides and bottom of the retention basin.

(d) Impervious traffic lanes and parking areas must be graded such that runoff is directed to the stormwater treatment system.

(e) The system must include a continuous vegetated buffer strip adjacent to the downstream side of impervious areas subject to stormwater treatment. The buffer strip must be at least 25 feet wide and stabilized by well-established natural vegetation.

(f) The permittee must maintain the integrity of the treatment system and buffer strips at all times for the life of the system.

(g) Upon completing construction of the stormwater management system, the system must be operated and maintained by the permittee in accordance with the terms of this general permit for the life of the system. The permittee shall perform routine inspections of the buffer to check for development of concentrated flow through it, gully erosion, or loss of vegetation, and must repair the buffer as soon as practical to restore shallow overland flow conditions and prevent further concentration of flow and damage to the buffer.

(h) The duration of the general permit for the activities authorized in this subsection is (5) five years for construction or alteration, and permanent for operation and maintenance of the surface water management system.

(6) Commercial or governmental entities proposing to construct a boat ramp pursuant to paragraph (1)(c) or (d) shall execute and record in the public land records of the county in which the boat ramp is located a fully executed binding agreement. Commercial entities shall execute and record the Agreement to Maintain Public Access [12-9-09], incorporated herein as Form 62-341.417(1), ensuring the facility will remain open to the general public for the life of the facility. Governmental entities shall execute and record the Agreement to Maintain Public Access and Operate Stormwater System [12-9-09], incorporated herein as Form 62-341.417(2), ensuring the facility will remain open to the general public for the life of the facility and to ensure that the stormwater management system associated with the boat ramp will be operated and maintained for the life of the system.

(7) The construction or alteration of a boat ramp or accessory docks does not obligate the Department to approve any subsequent request to 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. for navigational access.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.118(5), 373.406(5), 373.413, 373.414(1), (9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 12-9-09.

# 62-341.427 General Permit for Certain Piers and Associated Structures.

(1) A general permit is hereby granted to any person to construct, extend, or remove piers and associated structures as described below:

(a) Single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos attached to the pier, where these structures:

1. Do not accommodate the mooring of more than two water craft;

2. Do not, together with existing structures, exceed a total area of 2,000 square feet; and

3. Have a minimum depth of two feet below the mean low water level for tidal waters and two feet below the mean annual low water level for non-tidal waters for all areas designed for boat mooring and navigational access; and

(b) Public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state "No Boat Mooring Allowed".

(2) This general permit shall be subject to the following specific conditions:

(a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, or terminal platforms, shall not occur over submerged grassbeds, coral communities or wetlands. In addition, the boat mooring location shall not be over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves;

(b) There shall be no wet bars, or living quarters over wetlands or other surface waters or on the pier, and no structure authorized by this general permit shall be enclosed by walls or doors;

(c) The structure and its use shall not significantly impede navigability in the water body;

(d) There shall be no dredging or filling associated with construction of the structures authorized herein, other than that required for installation of the actual pilings for the pier, boat lift, boat shelter, gazebo, or terminal platform
That part of a dock or pier, including finger piers, that is connected to the access walkway, is located at the terminus of the facility, and is designed to secure and load or unload a vessel or conduct other water dependent activities.;

(e) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit; and

(f) This general permit shall not authorize the construction of more than one pier per parcel of land or individual lot. For the purposes of this general permit, multi-family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.428 General Permit for Floating Vessel Platforms and Floating Boat Lifts.

(1) A general permit for all activities that are not otherwise exempt under Paragraph 403.813(2)(s), F.S., is hereby granted to the owner of an individual, detached, private single-family residence to construct, alter, operate, maintain, and remove floating vessel platforms or floating boat lifts at their residence, subject to the limitations and conditions described herein. All the criteria, conditions, and limitations contained herein are applicable solely for the purposes of this general permit.

(2) In artificially created waterways, floating vessel platforms or floating boat lifts are authorized at a dock or seawall associated with an individual, detached, private single-family residence on the contiguous uplands, provided that all of the following conditions are met.

(a) The cumulative over-water (including wetlands) surface area of the floating vessel platforms or floating boat lifts must not exceed 1,000 square feet, either alone or in combination with any other floating vessel platforms or floating boat lifts along the applicant’s shoreline
The mean or ordinary high water line..

(b) The floating vessel platforms or floating boat lifts, along with the vessel or vessels stored on the platforms or lifts:

1. Are located at least 10 feet inside of the applicant’s riparian rights
Those rights incident to lands bordering upon navigable waters, as recognized by the courts and common law. lines, at least 10 feet inside of the applicant’s property lines, or if owned by someone other than the applicant or the state, at least 10 feet inside the applicant’s projected property lines, using the same methodology used to locate and project riparian rights lines; and

2. Do not extend more than 25 percent into the width of the artificially created waterway, as measured from approximate mean high water to approximate mean high water in tidal waters, or from approximate ordinary high water to approximate ordinary high water in non-tidal waters.

(c) For purposes of this general permit, an artificially created waterway shall be defined as a body of water that has been totally created by dredging, filling, or excavation, with the upper edges of its two sides above wetlands and other surface waters, including canal systems where the adjoining land use consists primarily of private, single-family residences.

(d) Floating vessel platforms and floating boat lifts shall be directly attached to docks or seawalls, as applicable, with lines, cables, chains, or collars around pilings in a manner that will not adversely affect submerged resources and without the use of bottom anchors.

(3) In waters that are not artificially created waterways, floating vessel platforms or floating boat lifts are authorized provided that all of the following conditions are met.

(a) The cumulative over-water (including wetlands) surface area of the floating vessel platforms or floating boat lifts must not exceed 675 square feet in waters that are not Outstanding Florida Waters, or 300 square feet within Outstanding Florida Waters, either alone or in combination with any other floating vessel platforms or floating boat lifts along the applicant’s shoreline.

(b) The floating vessel platforms or floating boat lifts, along with the vessel or vessels stored on the platforms or lifts:

1. Are located at least 10 feet inside of the applicant’s riparian rights lines, at least 10 feet inside of the applicant’s property lines, or if owned by someone other than the applicant or the state, at least 10 feet inside the applicant’s projected property lines, using the same methodology used to locate and project riparian rights lines; and

2. Do not extend into the waterbody by more than 25 percent of its width, as measured from approximate mean high water to approximate mean high water in tidal waters, or from approximate ordinary high water to approximate ordinary high water in non-tidal waters.

(c) The floating vessel platforms or floating boat lifts are authorized only at a dock or along a seawall associated with an individual, detached, private single-family residence on the contiguous uplands, where:

1. The dock or seawall was built in conformance with a permit issued under Sections 403.91 through 403.929, 1984 Supplement to the Florida Statutes 1983, as amended, or Part IV of Chapter 373, F.S., provided the permit, any associated sovereignty submerged lands authorization required under Chapters 253 or 258, F.S., and any required local governmental authorization did not reflect or require a defined mooring area. For purposes of this general permit, a defined mooring area shall be defined as one that is clearly delineated by mooring pilings or finger piers or which is otherwise clearly labeled as such on the drawings associated with the above permit or submerged lands authorization;

2. The dock or seawall was exempt under Subsection 403.813(2), F.S.; or

3. The dock or seawall was legally constructed prior to July 1, 1975, and is still functional.

(d) The location where the floating vessel platforms or floating boat lifts are to be placed must have less than a one percent coverage of light-dependent benthic resources, as determined according to subsection 62-341.428(6), F.A.C. In addition, the floating vessel platforms or floating boat lifts must not be located over any area containing or any area previously documented to contain Johnson’s seagrass (Halophila johnsonii), living stony coral [true stony coral (order Scleractinia) and hydrocoral (order Milleporina)], or octocoral (subclass Octocorallia) communities. For purposes of this general permit, a community shall not include an individual specimen or scattered (less than one percent coverage) individual stony corals directly beneath the area to be occupied by the floating vessel platforms or floating boat lifts.

(e) Floating vessel platforms and floating boat lifts shall be directly attached to docks or seawalls, as applicable, with lines, cables, chains, or collars around pilings in a manner that will not adversely affect submerged resources and without the use of bottom anchors.

(4) Floating vessel platforms and floating boat lifts authorized under this general permit must be constructed, operated, and used so as to:

(a) Be for the exclusive use of residents (or their guests) of the individual, detached, single-family upland residence on the contiguous uplands, and must not be used for or in association with any multi-family, revenue-generating, or commercial purpose. For purposes of this general permit, an individual, detached, single-family residence does not include duplexes, triplexes or quadruplexes;

(b) Be used solely for the purpose of storing a vessel or vessels, such that the vessel or vessels are stored out of the water at all times when not in use;

(c) Be located in an area having, at all times, including when a vessel is being loaded or driven onto the floating vessel platform or floating boat lift, a minimum distance of at least two feet between the bottom of a fully loaded floating vessel platform or floating boat lift and either the bottom of the waterbody or the top of any submerged resources (at mature height for the area), whichever is less, as measured at mean low water in tidal areas or mean annual low water in non-tidal areas;

(d) Not cause significant adverse impacts to submerged lands, wetlands, shellfish areas, or other biological resources;

(e) Not cause or result in violations of water quality standards during construction or use, including when vessels are driven onto or off of the floating vessel platform or floating boat lift;

(f) Not be located within an aquatic preserve, as designated and described in Chapter 258, F.S.;

(g) Not be added to structures or located in areas where boat mooring is specifically prohibited under conditions of a permit issued in accordance with Sections 403.91 through 403.929, 1984 Supplement to the Florida Statutes 1983, as amended, or Part IV of Chapter 373, F.S., or under an authorization under Chapters 253 or 258, F.S., or other form of authorization issued by a local government;

(h) Not substantially impede the flow of water, adversely affect flood control, create a navigational hazard, or otherwise adversely impede navigation;

(i) Not be located in the following critical habitat
the place or environment where a plant or creature lives or grows. locations for Johnson’s seagrass (Halophila johnsonii), as published in the Federal Register, Vol. 65, No. 66 on April 5, 2000, and depicted in Figures 1 through 9 at the end of this section: approximately 5.7 acres within the Indian River Lagoon north of the Sebastian Inlet Channel, and approximately 2.0 acres within the Indian River Lagoon south of the Sebastian Inlet Channel (Figure 1); approximately 4.3 acres within the Indian River Lagoon near the Fort Pierce Inlet (Figure 2); approximately 2,770 acres within the Indian River Lagoon north of the St. Lucie Inlet (Figure 3); approximately 900 acres within Hobe Sound (Figure 4); approximately 4.3 acres on the south side of Jupiter Inlet (Figure 5); approximately 15.0 acres within central Lake Worth Lagoon (Figure 6); approximately 95.5 acres within Lake Worth Lagoon in Boynton Beach (Figure 7); approximately 20.0 acres within Lake Wyman in Boca Raton (Figure 8); and 18,757 acres within Biscayne Bay (Figure 9); and

(j) Comply with the general conditions in Rule 62-341.215, F.A.C., and, if on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, the conditions in subsection (5) of this general permit.

(5) Compliance with all the terms and conditions of this general permit, including the general conditions in paragraphs (5)(a) and (b) below, shall constitute authorization to use and occupy submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. The following general conditions shall be binding upon the grantee, and shall be enforceable under Chapters 253 and 403, F.S.

(a) All floating vessel platforms or floating boat lifts under this general permit must be installed, operated and maintained in conformance with all the applicable terms and conditions of Rules 18-21.004 and 18-21.0041, F.A.C.

(b) All floating vessel platforms or floating boat lifts under this general permit that are located on any lands under the jurisdiction or management of the Department’s Division of Recreation and Parks must have prior written approval by the Division of Recreation and Parks, and such approval must be submitted with the notice to use this general permit.

(6)(a) Where required in accordance with paragraphs 62-341.428(2)(c) or (3)(d), F.A.C., notice to use this general permit shall include a report of a resource reconnaissance performed by a person with expertise in the field of marine science, aquatic ecology, or biology. The reconnaissance must be conducted during April, May, June, July, August, September, or October within one year prior to submittal of the notice to use this general permit, and shall encompass the submerged bottom where the floating vessel platform or floating boat lift is to be placed. The reconnaissance must document the absence or presence (including amount and height) of light-dependent resources, which, for purposes of this general permit, shall consist of: Johnson’s seagrass (Halophila johnsonii) and other submerged or emergent
a plant whose root system grows underwater, but whose shoot grows up and above the water rooted aquatic macrophytes, attached marine macro-algae, living stony corals [true stony corals (order Scleractinia) and hydrocorals (order Milleporina)], and octocorals (subclass Octocorallia). The report also must document the water depths at mean low water (in tidal waters) or mean annual low water (in non-tidal waters) at the nearshore edge, center, and farshore edge of the proposed location of the floating vessel platform or floating boat lift. The report shall include: a statement signed by the person performing the reconnaissance to the effect that the findings in the report accurately describe the conditions as they existed during the reconnaissance; a description of the date, time, and climatic conditions when the reconnaissance was done; the name of the person or persons performing the reconnaissance and their qualifications; a scaled or fully dimensioned sketch that clearly delineates the area inspected, including both a depiction of the configuration of the proposed floating vessel platform or floating boat lift in relation to the area inspected, any identifying features (including existing and proposed structures along the shoreline); and any notes or other specific findings that the person performing the reconnaissance desires to include. Resource presence or absence shall be documented and mapped using standard field methods. When present, the percent cover and height of the light-dependent resources shall be determined and reported using the resource survey procedures described in (6)(b). All methods used shall be clearly described in the report of the resource survey.

(b) Resource surveys shall be performed using the following procedures:

1. Resource percent cover – a visual estimate of the percent cover of the light-dependent resources on the bottom directly beneath the footprint of the area to be occupied by the floating vessel platform or floating boat lift shall be reported and depicted on the sketch required in (6)(a). When resources are present, their location shall be shown on the sketch and dominant community types labeled (such as by dominant macrophyte species, or as “living true stony coral community,” or as “attached macro marine algae community”), and the presence of any Johnson’s seagrass also shall be specifically noted. Percent cover estimates shall be based on either stem-count or canopy-cover standard methodologies published in vegetation monitoring literature, such as J. Braun-Blanquet, Plant Sociology: The Study of Plant Communities (Hafner Publishing, New York 1972).

2. Height of resources – The average mature height, for the general waterbody, of each of the resources identified in (6)(b)1., above, shall be provided. Alternatively, where the average mature height of the resources for the waterbody is not known, the height of the tallest resource specimen shall be reported (to the nearest centimeter) for each different community type within the footprint where the floating vessel platform or floating boat lift is to be located. For macrophyte resources, the height shall be determined by combing with fingers the blades of each macrophyte species vertically up along a meter stick, and measuring the composite or average height of the blades.

(7) Permittees are advisedof the following requirements:

(a) They need to obtain a Works
all man-made or artificial structures. These include ditches, canals, conduits, channels, culverts, pipes, construction activities and all other man-made structures. of the District permit for the floating vessel platform or floating boat lift from the applicable water management district where required under Chapter 40B-4, 40D-6, or 40E-6, F.A.C.

(b) All in-water activities associated with construction or replacement of a floating vessel platform or floating boat lift, and all vessel operation within a manatee “No Entry Zone” or a “Motorboat Prohibited Zone” must be in compliance with Chapter 68C-22, F.A.C.

(8) The notice to use this general permit (Sections A and B of Form 62-343.900(1), F.A.C.) must contain an attached statement from the applicant certifying that the applicant contacted the county and applicable municipal local government with jurisdiction over the dock or seawall to which a floating vessel platform or floating boat lift is to be attached, and the county and municipal local government verified that the applicant’s floating vessel platform or floating boat lift will not be located in an area where the local government has issued an authorization prohibiting boat mooring or defining a boat mooring area.

(9) This general permit does not place additional limits or restrictions on the construction, operation, and maintenance of floating vessel platforms and floating boat lifts that otherwise are exempt under Subsection 403.813(2), F.S.

Specific Authority 373.026(7), 373.043, 373.044, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.813(2), 403.814(1) FS. Law Implemented 253.04, 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426, 403.813(2), 403.814(1) FS. History - New 8-4-05.

_____

Figure 1. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within the Indian River Lagoon north and south of the Sebastian Inlet Channel.

Figure 2. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within the Indian River Lagoon near the Ft. Pierce Inlet.

Figure 3. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within the Indian River Lagoon along the western shoreline of Hutchinson Island north of the St. Lucie Inlet.

Figure 4. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within Hobe Sound along the western shoreline of Jupiter Island.

Figure 5. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) on the south side of Jupiter Inlet.

Figure 6. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) north of Bingham Island in central Lake Worth Lagoon.

Figure 7. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within Lake Worth, near Boynton Inlet in Boynton Beach.

Figure 8. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within Lake Wyman in Boca Raton.

Figure 9. Critical Habitat for Johnson’s seagrass (Halophila johnsonii) within a portion of Biscayne Bay

# 62-341.431 General Permit for Installation of Riprap.

(1) A general permit is hereby granted to any person installing riprap at the toe of an existing vertical seawall, provided:

(a) The riprap consists only of natural boulders or clean concrete rubble one to three feet in diameter in average dimensions;

(b) The slope of the riprap is no steeper than two horizontal to one vertical and the horizontal distance from the toe of the seawall is no more than eight feet;

(c) There are no reinforcing rods or other similar protrusions in concrete rubble and all rubble or boulders are free of attached sediments;

(d) Neither the distance nor the use of the riprap shall interfere with navigation;

(e) There is no filling or dredging associated with the placement of riprap other than the riprap material itself;

(f) There shall be no filling of submerged grassbeds;

(g) The amount of wetland area filled shall not exceed 100 square feet; and

(h) There shall be no filling of coral communities.

(2) This general permit shall be subject to the specific conditions as follows:

(a) Installation of the structure does not obligate the Department to approve any subsequent request to dredge for navigational access;

(b) There shall be no backfilling to obtain useable upland or to straighten an otherwise sinuous shoreline; and

(c) There shall be no filling or backfilling to reclaim land lost by avulsion or erosion.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.437 General Permit for the Installation of Fences.

A general permit is hereby granted to any person installing a fence in wetlands or other surface waters, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting, provided:

(1) The structure shall not block navigation, create a navigational hazard, impede the natural flow of water by itself or through the accumulation of debris;

(2) No fence shall be installed into open waters (areas of water bodies not supporting emergent vegetation) of any navigable
A water that is sufficiently deep or wide to provide passage for vessels. river, stream, canal, or tributary thereof, a distance of more than 25 feet or more than twenty percent of the width of the open water, whichever is less, and no fence shall extend more than 15 feet waterward of the landward extent of any lake, including contiguous wetlands;

(3) The fence will be constructed of wire attached to posts which project at least two feet above the mean annual flood or ordinary high water elevation
Land level as compared to sea level using a known vertical datum. Example: an elevation of 4 feet is 4 feet above sea level. of the waterway;

(4) In navigable waters and all lakes, the structure shall be adequately marked with reflectors visible from both directions paralleling the shoreline; and

(5) Dredging or filling performed shall be limited to that necessary to install individual fence posts.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.439 General Permit for the Construction or Maintenance of Culverted Driveways or Roadway Crossings, and Bridges of Artificial Waterways.

(1) A general permit is hereby granted to any person for the purpose of constructing or maintaining a culverted driveway or roadway crossing, or bridge of an artificial waterway, provided:

(a) This general permit shall apply only to wholly artificial, non-navigable drainage conveyances ;

(b) A culvert or culverts shall be placed under the roadway or driveway;

(c) The size and number of the culvert(s) shall be adequate to pass normal high water stages of the artificial water body being crossed. In no instance shall the culvert(s) provide a smaller cross‑sectional area or discharge capacity than any upstream culvert;

(d) The elevation of the culvert invert shall be at the existing bottom grade of the artificial waterway;

(e) The length of the driveway, roadway or bridge crossing the waterway shall not exceed 50 feet top of bank to top of bank;

(f) The top width of the driveway, roadway, or bridge shall not exceed 75 feet, the toe to toe width shall not exceed 100 feet, and the side slopes shall not be steeper than 2 horizontal to 1 vertical;

(g) Clean fill
depositing material by any means in wetlands or other surface waters. used for the crossing must be obtained from uplands or from a dredge site which is in compliance with the permitting requirements of Part IV of Chapter 373, F.S., as applicable;

(h) There shall be no additional dredging, filling, or construction activities, except as exempted from regulation under Part IV, Chapter 373, F.S., and those directly involved in the construction or maintenance of the proposed crossing or bridge; and

(i) The maintenance of the roadway, driveway or bridge shall continue to provide at least the same volume of discharge through the culvert(s).

(2) This general permit shall be subject to the following specific conditions:

(a) The permittee shall stabilize fill areas and waterway banks disturbed by the activity by revegetation or riprap within 72 hours of completion of construction to prevent erosion, siltation or turbid runoff into wetlands and other surface waters; and

(b) If dewatering is performed, all temporary fill dikes and dewatering discharges shall be installed and constructed so that no upstream flooding or impoundment occurs and no siltation, erosion or turbid discharges into wetlands or other surface waters occur in violation of state water quality standards. Any temporary works shall be completely removed and all areas upstream and downstream from the crossing shall be restored to grades, elevations and conditions which existed before construction.

(3) This general permit shall apply only to a maximum of two crossings on a given parcel of property, with a minimum distance of 500 feet between crossings. Maintenance shall be allowed at any and all existing structures meeting the specifications of this general permit.

(4) This general permit shall not apply if:

(a) Relocation of all or part of the artificial waterway is required; or

(b) Dredging or filling activities are required, other than for the proposed culvert crossing, except as exempted from regulation under Part IV, Chapter 373, F.S.

(5) This general permit does not authorize any road construction or alteration connecting to a crossing authorized by this general permit.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.443 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation.

(1) A general permit is hereby granted to the Florida Department of Transportation, counties and municipalities to conduct the activities described below:

(a) The replacement, modification, or maintenance of bridges and approaches where the combined total of dredging and filling, both temporary and permanent, in wetlands and other surface waters does not exceed 0.50 acre
a unit of area measurement for land. Equal to 43,560 square feet. (2023 square meters or 0.2 hectares); and

(b) Channel clearing and shaping, not to exceed a combined total of 0.5 acres (2023 square meters or 0.2 hectares) of dredging and filling in wetlands and other surface waters, to facilitate maximum hydraulic efficiency of the structures detailed in paragraph (a) above, where the spoil material is used on an upland portion of the project or is deposited on a self-contained, upland spoil site. Escape of spoil material or water from the spoil deposition area into wetlands or other surface waters is prohibited.

(2) This general permit shall be subject to the following specific conditions:

(a) In addition to compliance with the notice provisions of subsection 62-343.090(1), F.A.C., within 90 days following completion of construction, the permittee will notify by letter the Department office to which notice was originally given of the date construction activities were completed;

(b) No dredging of access or work channels is authorized by this general permit;

(c) Temporary fill roads shall not be constructed waterward of mean high water or ordinary high water;

(d) All fill placed in wetlands, other than fill on which a bridge or approach described in paragraph (1)(a) is constructed, shall be regraded to the original wetland elevations and these filled wetland areas revegetated with native wetland species endemic to adjoining, undisturbed wetlands, within seven days of completion of construction. Within “clear zones”, as described in Chapter 3, Roadside Design Guide (American Association of State Highway and Transportation Officials dated October 1988) revegetation shall be with native herbaceous species endemic to adjoining, undisturbed wetlands. These wetland areas shall be maintained, and planted as necessary to ensure that satisfactory revegetation occurs. For the purposes of this general permit, “satisfactory revegetation” means that the herbaceous wetlands, and forested wetlands within the clear zones, that are disturbed by fill shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within 18 months of completion of construction, and forested wetlands other than forested wetlands in clear zones that are disturbed by fill shall have achieved a survival rate of not less than 400 wetland trees per acre within 18 months of completion of construction. A maintenance plan must be developed implemented to ensure the survival of the planted or naturally reestablishing wetland species. Within the revegetated wetland areas, non-native vegetation must be controlled such that it does not constitute more than 10 percent of the areal cover in any stratum at any time for the five year period following the initial planting or restoration of the site;

(e) Hydraulic openings of bridges constructed under paragraph (1)(a) above shall be sufficient to prevent downstream scour, increased downstream water velocities, and increased elevations on the property of others;

(f) Minimum horizontal and vertical navigational clearances on bridges over navigable waters of the United States shall be established in accordance with procedures outlined in the U.S. Coast Guard Bridge Administration Manual, COMDTINST M16590.5A, June 6, 1994;

(g) Horizontal and vertical clearances for replacement bridge structures shall meet or exceed those of the bridge being replaced;

(h) Temporary erosion controls for all exposed soils within wetlands and other surface waters shall be completed within seven calendar days of the most recent construction activity;

(i) The fill areas and the banks of the water body shall be stabilized with vegetation or riprap within seven days following completion of slope construction. This stabilization is considered a construction priority and completed fill slopes in wetlands and other surface waters shall not remain unstabilized while other construction continues;

(j) This general permit does not authorize the use of dredged material for roadway construction;

(k) The permittee shall use erosion and sediment control best management practices, including turbidity curtains or similar devices, in strict adherence to these practices as described in Chapter 6, The Florida Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation, 1988), incorporated by reference herein to prevent violations of state water quality standards;

(l) This general permit authorizes dredging and filling for the replacement, modification, or maintenance of a bridge and approaches for a specific crossing of a wetland or other surface water. Replacement or modification of a bridge that includes changes in the configuration of the bridge and fill areas due to changes in materials, construction techniques, or meeting current construction codes or safety standards are authorized under this permit. Any connecting road expansion or alteration associated with such replacement or modification must be authorized by a separate general or individual permit under Part IV of Chapter 373, F.S., as applicable, before the start of construction; and

(m) This general permit does not authorize replacement or modification of bridges or approaches which involve the construction of additional traffic lanes.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419 FS. History–New 10-3-95, Amended 10-1-07.

# 62-341.447 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights‑of‑Way or Easements.

(1) A general permit is hereby granted to the Florida Department of Transportation, counties, and municipalities to conduct the activities described below:

(a) The extension of existing culverts and crossing approaches to accommodate widening of the roadway where excavation or deposition of material shall not exceed 1000 cubic yards (765 cubic meters) in wetlands and other surface waters and the area from which material is excavated or to which material is deposited shall not exceed a total of 0.25 acres (1012 square meters or 0.1 hectare
10,000 square meters, or 2.471 acres.) at any one culverted crossing. The 1000 cubic yardage (765 cubic meters) limitation shall be separately applied to excavation and deposition of material;

(b) Relocation, recontouring, widening, or reconstruction of existing highway drainage ditches through uplands provided the floor elevation of the ditch is not deepened below the original design elevation and provided that the work does not cause a change in the hydrology of any wetlands which are connected to or which are adjacent to the ditch;

(c) Culvert placement, replacement and maintenance associated with existing roadways, in streams with an average discharge of less than 10 cubic feet per second (0.28 cubic meters per second) at the culvert location or streams draining less than 10 square miles (25.9 square kilometers), provided that construction does not cause scour in the downstream waters or increase the velocity of the water downstream, does not reduce existing flood conveyance of the stream for the 100 year flood flow and does not reduce existing flood storage within the 10 year flood plain. The material excavated or deposited as fill shall not exceed 1000 cubic yards (765 cubic meters) in wetlands and other surface waters. The cross sectional area of the culvert shall not be reduced, unless the reduced cross section provides an equal or greater discharge capability. In the case of a culvert installed as a wildlife crossing, the cross sectional area shall not be reduced;

(d) Construction of temporary bypass lanes and stream channel diversions necessary to complete projects detailed in paragraph (c) above, provided the area used for the temporary bypass lanes and temporary diversion is restored to its previous contours and elevations;

(e) Channel clearing and shaping, not to exceed a combined total of 0.5 acres (2023 square meters or 0.2 hectares) of dredging and filling in wetlands and other surface waters, to facilitate maximum hydraulic efficiency of structures authorized by paragraph (c) above, where the spoil material is used on an upland portion of the project or is deposited on a self-contained, upland spoil site. Escape of spoil material and return water from the spoil deposition area into wetlands or other surface waters is prohibited; and

(f) Repair of existing concrete bridge pilings by the construction of pile jackets, provided that the permanent outer form is composed of inert materials and the quantity of material shall not exceed 300 cubic yards (229 cubic meters) of dredging or 300 cubic yards (229 cubic meters) of filling per project. Although the bottom sediments within the forms may be removed by jetting
Using a stream of water to remove soil or sand for the placement of pilings or slabs. or pumping, and may not be recoverable, proper turbidity control measures shall be employed as necessary to prevent violations of state water quality standards.

(2) This general permit shall be subject to the following specific conditions:

(a) The permittee shall use erosion and sediment control best management practices, including turbidity curtains or similar devices, in strict adherence to these practices as described in Chapter 6, The Florida Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation, 1988) to prevent violation of state water quality standards;

(b) Immediately following completion of slope construction, the fill areas and any disturbed banks of wetlands or other surface waters shall be stabilized with vegetation or riprap to prevent erosion. Temporary erosion controls for all exposed soils within wetlands and other surface waters shall be completed within seven calendar days of the most recent construction activity. Prevention of erosion of exposed earth into wetlands and other surface waters is a construction priority and completed slopes shall not remain unstabilized while other construction continues;

(c) In addition to complying with the notice provisions of subsection 62-343.090(1), F.A.C., at least 90 days prior to commencement of construction, the permittee shall provide written notification to the Department office to which the prior notice was given of the date the permitted construction activities are planned to begin and within 90 days following completion of construction, the permittee shall provide written notification to the office of the Department that received the original notice to use the general permit of the date construction activities are completed;

(d) The permittee shall limit stream channel relocation to streams which have an average discharge of 10 cubic feet per second (0.28 cubic meters per second) or less. The length of relocated channels or those significantly altered shall be limited to 200 feet (61 meters) per stream. A stream channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream’s natural hydraulic capability; and

(e) This general permit shall not apply to ditch construction in Class I or Class II surface waters, Outstanding National Resource Waters or waters designated as Outstanding Florida Waters.

(3) This general permit does not authorize the construction of additional traffic lanes. Systems which require additional traffic lanes must first obtain a general or individual environmental resource permit under Part IV of Chapter 373, F.S., as applicable, before the start of construction.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419 FS. History–New 10-3-95, Amended 10-1-07.

# 62-341.448 General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway.

A general permit is hereby granted to counties and municipalities to pave existing county or municipally owned and maintained roads that lack a permanent pavement surface, such as concrete or asphalt. This includes: the repair and stabilization of such roads in preparation of paving; the repair or replacement of bridges and culverts that are part of the roadway; construction or alteration of associated stormwater management systems; other work reasonably necessary to pave the road; and the construction, alteration, operation, and maintenance of systems and works authorized under this general permit, provided all of the terms and conditions below are met. However, within the geographic area of the Northwest Florida Water Management District, the general permit shall only be applicable to municipalities.

(1) The existing road and any associated bridges:

(a) Must have been constructed prior to January 1, 2002, and in continuous use as a county or municipally owned and maintained road (including any associated bridge or bridges) thereafter. For the purposes of this general permit, county or municipal ownership shall include roads that have been presumed to be dedicated in accordance with Section 95.361, F.S.; and

(b) Must not: be located in, on, or over; directly discharge to; or significantly degrade Outstanding Florida Waters.

(2) The proposed road and any bridge work, together:

(a) Must not exceed two traffic lanes;

(b) Must not expand the number of existing traffic lanes, except that any single-lane bridges may be widened to two travel lanes, provided the bridge widening does not exceed that reasonably necessary to connect the bridge with the road being paved;

(c) Must not result in a total paved roadway surface (including travel lanes, safety shoulders, and bike paths) that is more than 32 feet wide, or 36 feet wide for bridges;

(d) Must be constructed, operated, and maintained within roadway and bridge right-of-way owned by the county or municipality, including where ownership is through presumed dedication in accordance with Section 95.361, F.S.;

(e) Must not realign the roadway;

(f) Must not involve any more dredging or filling of wetlands or other surface waters than is reasonably necessary to prepare the roadway for paving, including all work to repair, extend, or replace any culverts, other drainage structures, and bridges associated with the roadway, and to construct or reconfigure surface water management systems associated with the paving. However, the amount of such dredging and filling, both temporary and permanent, must not impact more than 0.5 acre of wetlands and other surface waters for a total and complete project, with the allowance of an additional 0.5 acre of work in roadside ditches constructed through uplands. A “total and complete project” shall consist of the total amount of work needed to pave, and prepare for paving, all unpaved segments of a single named or numbered (county or state road number) roadway. The sum of all wetland and other surface water impacts associated with phases of paving the named or numbered roadway must not exceed the above acreage limits. However, the total acreage limits for this general permit shall not include work conducted to prepare the roadway for paving when the preparation is done in accordance with:

1. All the terms and conditions of routine custodial maintenance;

2. An exemption adopted under Part IV of Chapter 373, F.S.;

3. An exemption contained in Section 403.813(2), F.S.; or

4. Any other general permit adopted under Part IV of Chapter 373, F.S.

(g) Must not adversely affect wetlands or other surface waters outside of the footprint of any dredging and filling;

(h) Must not reduce existing water conveyance or treatment capacity or adversely affect existing offsite drainage patterns;

(i) Must not cause adverse upstream or downstream flooding or drainage;

(j) Must not adversely affect receiving waters; and

(k) Must not be within the footprint of an approved Comprehensive Everglades Restoration Project boundary; if a final boundary has not been selected, the boundary from Chapter 9 of the Central and Southern Florida Project Comprehensive Review Study Final Integrated Feasibility Report and Programmatic Environmental Impact Statement, U.S. Army Corps
US Army Corps of Engineers of Engineers and South Florida Water Management District, April 1999, which is hereby incorporated by reference, shall be used to define the approved boundary.

(3) Activities conducted under this general permit must comply with the general conditions for general permits contained in Rule 62-341.215, F.A.C., and all the specific conditions in paragraphs (a) through (k) below.

(a) Roadside swales, establishment of permanent vegetative cover, or other effective means of stormwater management within the right-of-way must be incorporated into the project, and must be designed, constructed, operated and maintained to prevent increases in pollution loading or changes in the point of discharge that can cause adverse impacts to receiving waters or offsite property.

(b) No debris from the removal of existing roadway, bridge, culvert, and other surface water management features shall be placed within wetlands or other surface waters.

(c) Creosote must not be a component of any pilings, pile jackets, headwalls, bulkheads, or other structural components used in roadway, bridge, culvert, or other surface water management structures.

(d) Any bridge or culvert must not cross a stream or other watercourse having a drainage area upstream of the work of more than ten (10) square miles.

(e) Bridges and other water conveyance features must be designed, constructed, operated, and maintained to convey normal flows and overtopping during a 25-year, 24-hour storm event.

(f) Best management practices for erosion and sediment control must be used to prevent water quality violations during and after construction. These shall include a construction-phase
a project that is divided into seperate parts to be completed at different times or under different circumstances. These parts are called phases. water management and erosion control plan that is designed and implemented to include site-specific measures adapted from practices and procedures described in the following publications that are adopted herein and incorporated by reference:

1. The guidelines set forth in Chapter 6 of The Florida Development Manual: A Guide to Sound Land and Water Management, Vol. II, Florida Department of Environmental Regulation, June 1988; and

2. The provisions set forth in The Florida Stormwater, Erosion, and Sediment Control Inspector’s Manual, Florida Department of Environmental Protection and Florida Department of Transportation, Fifth Impression, June 2005.

(g) Temporary or permanent vegetative cover must be established on both sides of the pavement within the road right-of-way and along water conveyances as soon as practicable, but in no case more than seven (7) days after construction activities have ceased in portions of the site where construction activities have temporarily or permanently ceased.

(h) Activities conducted and authorized by this permit must be operated and maintained by the county or municipality for the life of the system.

(i) This general permit does not constitute a Works of the District permit from a water management district, nor obviate the need for obtaining such a permit where required by a water management district.

(j) Applicants are advised that drawings, any submitted construction plans, and supporting calculations must be signed, sealed, and dated by an appropriate registered professional in accordance with Sections 373.117 and 403.0877, F.S., and Chapters 471, 472, 481, or 492, F.S., when the design of the system requires the services of such registered professional. For purposes of this rule, an “appropriate registered professional” means a professional registered in Florida with the necessary expertise in the fields of hydrology, drainage, flood control, erosion and sediment control, and stormwater pollution control to design and certify stormwater management systems. Examples of appropriate registered professionals are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers licensed under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S.

(k) The performance of routine custodial maintenance of structures and activities within the roadway alignment, such as replacement of culverts in kind to their former size, grade, and elevation, and the performance of activities qualifying for an exemption under Part IV of Chapter 373 or Section 403.813(2), F.S., such as maintenance of ditches and swales to prior design specifications in accordance with Section 403.813(2)(g) or (j), F.S., or under other general permits adopted under Part IV of Chapter 373, F.S., may be conducted to prepare the roadway for paving in advance of using this general permit, and any dredge and fill volumes associated with such work shall not be included within the limits established in paragraph (2)(f) of this general permit.

(4) In accordance with Section 403.813(2)(t), F.S., this general permit shall not require submittal of a fee and shall be binding on the Department, the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District with no additional rulemaking by those Districts.

(5) Notices to use this general permit shall be submitted to the water management district established under Section 373.069, F.S., having regulatory
pertaining to authority granted by rules and regulations. jurisdiction over the geographic area in which the proposed project will be located using the form for noticing general permits for the applicable water management district as adopted in Rule 40B-1.901(13), 40C-4.900(1), 40D-1.659, or 40E-1.659, F.A.C. In addition to the information required on those forms, this notice must also include the materials required in paragraph (5)(a) or (b), below.

(a) For roads that are not subject to overtopping by a one percent-chance storm event and do not require: any fill to elevate the roadway (other than the base and pavement up to a maximum height of eight (8) inches, and sub-base work provided there is no net addition of fill); any grading of side slopes; any alteration, expansion, or modification of drainage structures and bridges; any work in wetlands or other surface waters; or more than minor shoulder work to level the shoulders to meet the new pavement:

1. A project description that describes the work to be done, including a statement signed by the responsible official in the county or municipality that the proposed activity will comply with the limitations in paragraph (5)(a) herein, and all the other terms and conditions of this general permit;

2. A location map in sufficient detail to enable persons who are unfamiliar with the site to find the road to be paved, including the beginning and ending limits of the proposed activity;

3. A fully dimensioned or scaled plan view, and fully dimensioned or scaled cross sectional views that clearly depict and distinguish the road right-of-way and the footprint of existing and proposed work at typical sections, including the width, height, and slopes of existing and proposed grades; thickness of sub-base, base, and pavement layers; and shoulder work; and

4. A copy of a Federal Emergency Management Agency flood insurance rate map or a map signed and sealed by an appropriate registered professional that demonstrates that the road segments to be paved are not subject to overtopping by a one percent-chance storm event.

(b) For all other roads to be paved under this general permit:

1. All the information requested in paragraph (5)(a) above, plus a summary of the total amount of proposed dredging and filling in wetlands or other surface waters (in square feet or acreage);

2. A fully dimensioned or scaled plan view that clearly depicts and distinguishes all areas of proposed dredging and filling, the limits of proposed surface water management systems, and the location of all culverts, other drainage structures, and bridges that are proposed to be altered;

3. Fully dimensioned or scaled cross sections that clearly depict and distinguish dredging and filling at typical sections, including at culvert, other drainage system, and bridge modifications;

4. Fully dimensioned or scaled typical cross sections of surface water management system alterations;

5. An erosion and sedimentation
the process of depositing sediments that have been carried by flowing water. control plan demonstrating compliance with the provisions of paragraphs (3)(f) and (g) of this general permit; and

6. If design of the project requires the services of an appropriate registered professional in accordance with Sections 373.117 and 403.0877, F.S., and Chapter 471, 472, 481, or 492, F.S., all supporting drawings, materials, statements, construction plans, and calculations that are required to be signed, sealed, and dated by the registered professional.

(c) Notice to use this general permit is not required for subsequent routine custodial maintenance activities that may be required to the systems authorized under this general permit.

(6) Projects that have previously qualified under the exemption in Section 403.813(2)(t), F.S., following notice to the Department or water management district, but have not been fully implemented as of the effective date of this general permit, are authorized under this general permit to be completed under the terms of that exemption until February 22, 2008.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1), 403.813(2)(t) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.419, 403.813(2)(t) FS. History–New 2-22-07, Amended 10-1-07.

# 62-341.453 General Permit for Installation, Maintenance, Repair, and Removal of Underground Cable, Conduit, or Pipeline.

(1) A general permit is hereby granted for the installation, maintenance, repair, and removal of underground cable, conduit, or pipeline that transmit

electricity, communication signals, potable water, raw water, reclaimed water, domestic wastewater, propane gas or natural gas.

(2) This general permit is subject to the following special conditions:

(a) The maximum width of the disturbed corridor in wetlands shall not exceed 30 feet. The maximum width of the excavated trench shall not exceed eight feet, with temporary spoil storage banks not to exceed ten feet in width;

(b) The total area of wetland disturbance shall not exceed 0.5 acres of forested wetlands per ten miles of cable, conduit, or pipeline;

(c) For a trench with a top width greater than three feet in herbaceous wetlands, the upper layer of the soil horizon shall initially be scraped and segregated into a spoil bank that is separated from the spoil bank resulting from the excavation of the trench for the utility line. The upper layer of the soil horizon shall be replaced as the last step of restored grades to facilitate natural revegetation;

(d) Maintenance trimming or removal of trees in wetlands will be conducted only within the impacted areas authorized under this general permit and only as necessary to perform repairs on the cable, conduit, or pipeline;

(e) This general permit does not authorize construction in surface waters other than wetlands;

(f) There shall be no net placement of permanent fill resulting from the activities authorized by this general permit;

(g) There shall be no dredging or filling in wetlands to access the work areas authorized by this general permit, except for temporary mats. All temporary mats shall be removed within thirty days after completion of the installation of the line within the wetland portion of the project;

(h) The works authorized by this general permit shall not impede the flow of water in wetlands or other surface waters, except for a maximum period of 30 days during construction, provided that the impeded flow does not cause flooding and shall not adversely affect the wetlands or other surface waters;

(i) Temporary spoil banks shall contain breaches that prevent impoundment or restriction of surface water flows;

(j) This general permit does not authorize the installation of conduit for draining wetlands or other surface waters;

(k) Pre-construction ground elevations and the contours of all disturbed soils, including vehicle ruts in wetlands and other surface waters, shall be restored within 30 days of completion of line installation. Restored grades shall be stabilized within 72 hours following completion of elevation and contour restoration to minimize
If a structure or activity must be located in an area with regulated resources, the impact of the structure or activity must be reduced as much as possible. erosion;

(l) Vehicle usage in wetlands and other surface waters shall be conducted so as to minimize tire rutting and erosion impacts;

(m) For purposes of this general permit, vehicular access in wetlands and other surface waters shall be limited to existing roads, trails, rights-of-way or easements, and to other previously disturbed corridors where they exist;

(n) This general permit shall not apply in Outstanding Florida Waters, Outstanding National Resource Waters, Aquatic Preserves, or Class I waters; and

(o) During the initial clearing event and when conducting subsequent normal maintenance activities, the permittee shall eradicate all Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva) from the wetland portions of the utility right of way.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters.

(1) A general permit is hereby granted to any person constructing an aerial pipeline, cable, or conduit crossing of artificial waterways (including man‑made canals and drainage ditches as defined in Section 403.803, F.S.) and natural water bodies, where the width of such waterways or waterbodies is no greater than 25 feet, provided:

(a) The crossing is not located in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting. For the purposes of this section, aerial pipeline, cable, and conduit crossings include pipelines, cables, and conduits transporting potable water, raw non-wastewater, including: well water and reservoir water, reclaimed water, domestic wastewater, phosphate matrix slurry, phosphatic clay or sand tailings, recirculated water from beneficiation processes, propane gas, natural gas; electrical power cables and conduits that are not subject to the provisions of Sections 403.52-403.539, F.S.; and telephone and other electronic communication cables and conduits;

(b) There shall be a minimum clearance of five feet between the pipeline, cable or conduit and the elevation of the mean or ordinary high water line, and no pipeline, cable or conduit shall be lower than existing pipeline, cable or conduit structures in the area;

(c) The structure shall not create a navigational hazard or impede the natural flow of water;

(d) Dredging shall be restricted to that quantity necessary for actual installation of the support piles, and no fill other than the support piles shall be placed within wetlands or other surface waters, and any disturbance of the side slopes of the waterway shall be stabilized with native vegetation;

(e) Work activities for the installation of the aerial crossing shall be restricted to a width of no more than thirty feet on each side of the crossing alignment. In cases where multiple pipes, cables or conduits are to be installed along the same alignment the thirty foot width shall commence from the outermost pipes, cables or conduits. For the purposes of this general permit, no more than three pipes shall be placed along a given alignment, and in no case shall the total disturbance area exceed 75 feet in width; and

(f) Construction techniques necessary for the installation of the aerial pipeline, cable or conduit, including the transport and placement of materials, shall not disturb the adjacent bottoms of the waterbody or adversely affect water quality.

(2) This general permit shall be subject to the following specific conditions:

(a) Any pipeline, or conduit transporting authorized materials, other than propane gas, natural gas, potable water or raw non‑wastewater, shall be subject to the following spill prevention design criteria:

1. Double piping (pipe within a pipe) constructed in such a manner that any leakage from the inside pipe into the outside pipe shall be conveyed to spill detention areas constructed in areas outside of wetland or other surface waters; and

2. Pressure sensitive devices designed to detect any leak shall be installed proximal to the aerial crossing and shall be designed to allow both visual and audible detection; and

(b) The Department shall be notified within 24 hours of any leak or failure of any of the pipes associated with the aerial crossing.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 414(9), 403.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426, FS. History - New 10-3-95.

# 62-341.457 General Permit for Subaqueous Utility Crossings of Artificial Waterways.

(1) A general permit is hereby granted to any person constructing, repairing or replacing a subaqueous utility crossing of artificial waterways (which are defined for purposes of this rule as residential canal systems and all other bodies of water that have been totally excavated from uplands, and which do not overlap wetlands or other surface waters at the location of the crossing and which were not created as a part of a mitigation plan) provided:

(a) The work is not located in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting;

(b) Such construction shall be limited only to non-navigable watercourses or to those waterways in which navigation can be maintained at all times without the necessity of removing or relocating turbidity control devices to allow boat passage;

(c) No dredging or filling shall be conducted in wetlands or other surface waters, which are located landward of the top of the banks of an artificial waterway. Dredging and back filling of littoral zones and wetland vegetation growing on the side slopes of the artificial waterway may be performed only as is reasonably necessary to install the subaqueous utility line crossing and restore the banks to their original design specifications;

(d) There shall be no dewatering or construction of temporary berms or dikes;

(e) The maximum length of the utility crossing shall not exceed 150 feet from top of bank to top of bank. Excavated trench dimensions shall be limited to a depth of not more than ten feet below existing bottom contours and a trench top width of not more than ten feet;

(f) The maximum width of the area disturbed by equipment during construction shall be no more than 30 feet wide;

(g) All previously excavated contours are restored with onsite native backfill, coarse sand, or clean, non-toxic rock bedding or cap material, as appropriate, within 72 hours following installation of the utility line;

(h) This general permit shall only authorize utility installations extending from bank to opposite bank on a particular waterway. The placement of utility lines parallelling the watercourse alignment is not authorized; and

(i) Placement of the utility line shall not result in a navigational hazard. Customary navigation through the waterway shall be maintained at all times during installation.

(2) This general permit shall be subject to the following specific conditions:

(a) Measures shall be taken to prevent violations of state water quality standards during and after construction arising from the work, such as the use of turbidity curtains, staked filter cloth, and staked hay bales. Where turbidity curtains, filter cloth, hay bales, and similar structural measures are not sufficient to contain turbid runoff, additional measures, such as restricting work to periods of low flow and dry season months, shall be taken to ensure that construction can be performed in a manner which will not violate state water quality standards;

(b) All erodible ground areas and slopes disturbed during construction shall be revegetated with sod, mulch, seed, or wetland species or otherwise stabilized within 72 hours after installation of the utility line and at any other time as necessary to prevent violations of state water quality standards in wetlands or other surface waters;

(c) Temporary or permanent spoil disposal sites shall be located exclusively on uplands and shall be sited or designed to prevent violations of state water quality standards in wetlands or other surface waters;

(d) The utility crossing shall be designed in accordance with generally recognized practices of sound engineering; and

(e) Signs shall be installed and maintained at conspicuous locations to identify the alignment and type of the utility line within wetlands or other surface waters.

(3) For purposes of this general permit, utility crossings or lines include: crossings and lines transporting potable water, raw non-wastewater, including well water and reservoir water or domestic wastewater, propane gas, natural gas; electric power cables and conduits that are not subject to Sections 403.52 - 403.539, F.S.; and telephone and other electronic communication cables and conduits.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.463 General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

(1) A general permit is hereby granted to any governmental mosquito control agency to construct and operate culverts and associated water control structures for the control of water levels in mosquito control impoundments, provided:

(a) The construction or operation of the culvert and associated water control structure is done only to provide improved transport of tidal water and organisms between the impounded wetland and adjacent surface waters or between cells within existing mosquito control impoundments for the purpose of improving water quality and the quality of fish and wildlife values;

(b) This general permit does not authorize the construction or operation of culverts and associated water control structures for the purpose of facilitating aquaculture;

(c) The construction or operation of culverts and associated water control structures is not required as mitigation under Part IV of Chapter 373, F.S.;

(d) Access for the construction or operation of the culverts and associated water control structures does not require dredging or filling in wetlands or other surface waters or equipment access through wetlands;

(e) Culverts and associated water control structures shall be installed in locations that restore historic flow patterns, such as at or adjacent to historic locations of tidal creeks, and shall be located and operated such that state water quality standards for dissolved oxygen shall not be violated in the receiving waters outside the impoundment;

(f) Culverts and associated water control structures shall either be left open year-round or shall be only seasonally closed as necessary to control mosquito breeding and to minimize the application of pesticides;

(g) This general permit does not constitute authorization to enter upon the property of others to perform activities authorized by this permit; and

(h) This general permit does not authorize the construction of culverts or water control structures in the locations of existing breaches of the impoundment dike.

(2) This general permit shall be subject to the following specific conditions:

(a) Culverts and associated water control structures shall be made of a corrosion resistant material;

(b) The diameter and invert elevation of the culverts and associated water control structures shall be sufficient to maintain flow and prevent scouring
Displacement of sediment by a water stream, such as that caused by the force of water being jetted out of a boat engine, or the force of water flowing out of an improperly sized culvert. under expected hydrologic conditions; and

(c) Within 72 hours after construction of each culvert and associated water control structure, and at any other time as necessary to prevent erosion, siltation and turbidity that causes violations of state water quality standards in wetlands or other surface waters, the wetlands disturbed by construction shall be stabilized with indigenous wetland vegetation or clean riprap, and the uplands disturbed by construction shall be stabilized with vegetation, rip rap, or other means.

(3) The Department shall send a copy of the notice to use this general permit to the Chairman of the Subcommittee on Managed Marshes which is established under section 388.46, F.S.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373..406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

(1) A general permit is hereby granted to any governmental mosquito control agency to breach mosquito control impoundments, provided:

(a) The work is done only to provide improved transport of tidal water and organisms between the impounded wetland and adjacent surface waters or between cells within existing mosquito control impoundments for the purpose of improving water quality and the quality of fish and wildlife values;

(b) The construction of the breaches is not required as mitigation under Part IV, Chapter 373, F.S.;

(c) Access for the construction of the breaches does not require dredging or filling in wetlands or other surface waters, or equipment access through wetlands;

(d) The breaches shall be installed in locations that restore historic flow patterns, such as at or adjacent to historic locations of tidal creeks, and shall be located so as to prevent violations of the state water quality standards for dissolved oxygen in the receiving waters outside the impoundment; and

(e) This general permit does not constitute authorization to enter upon the property of others to perform activities authorized by this permit.

(2) This general permit shall be subject to the following specific conditions:

(a) Spoil material excavated during construction of the breaches shall be handled and deposited in such a manner as to prevent violations of the state water quality standards for turbidity and shall be contained in an upland disposal site; and

(b) Within 72 hours after construction of any breach, and at any other time as necessary to prevent erosion, siltation and turbidity that causes violations of state water quality standards in wetlands or other surface waters, the wetlands disturbed by construction shall be stabilized with indigenous wetland vegetation or clean riprap, and the uplands disturbed by construction shall be stabilized with vegetation, riprap, or other means.

(3) The Department shall send a copy of the notice to use this general permit to the Chairman of the Subcommittee on Managed Marshes which is established under section 388.46, F.S.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416,, 373.418 FS. History - New 10-3-95.

# 62-341.475 General Permit for Minor Activities.

(1) A general permit is hereby granted for the construction, alteration, maintenance, operation, abandonment and removal of the following minor systems:

(a) Piling supported structures of less than 1,000 square feet over wetlands or other surface waters, which are not designated Outstanding Florida Waters;

(b) Piling supported structures of less than 500 square feet over wetlands or other surface waters in an Outstanding Florida Water
A water designated worthy of special protection because of its natural attributes. This special designation is intended to protect existing good water quality.;

(c) The dredging or filling of less than 100 square feet of wetlands or other surface waters;

(d) Less than 4,000 square feet of impervious surface in uplands that is subject to vehicular traffic such as roads, parking lots and driveways, and less than 9,000 square feet total of impervious surface in uplands. However, this paragraph shall not apply within the Wekiva River Basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e)1., F.A.C., or in any Area of Critical State Concern;

(e) Maintenance dredging of fifty cubic yards or less of material from wetlands or other surface waters, provided that the dredged material is placed in uplands, and turbidity control measures are employed to prevent return water from causing a violation of state water quality standards; or

(f) A single family residence
any single residence, duplex, triplex or quadruplex not associated with a larger plan of development owned by the applicant., proposed by the applicant, as long as it is not part of a larger plan of common development, including the associated residential improvements such as a driveway, garage and an on-site sewage disposal system, provided:

1. This paragraph shall not apply to property which was part of a tract of land that was divided into two or more parcels after July 1, 1994;

2. This paragraph shall not apply to construction or alteration in surface waters other than isolated wetlands or any wetlands in an Area of Critical State Concern or within the Wekiva River basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e)1., F.A.C.;

3. Dredging and filling of isolated wetlands shall be limited to only those areas required for siting the portions of the residence and associated residential improvements which cannot be sited in uplands because there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which the residence and associated residential improvements can be located. Applicants are encouraged to construct structures that must be located in isolated wetlands on pilings to minimize the area of isolated wetlands filled for the residence and associated residential improvements. On-site sewage disposal systems shall be constructed in uplands unless there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which such disposal system can be located. For the purposes of this paragraph, "unrestricted area of uplands" means an area of uplands which is not restricted by easement, deed restriction, local government regulation, or similar restriction which would prevent the activities authorized under this paragraph (e) and which is configured such that all or port of the residence and associated residential improvements can be constructed in the uplands. An area of uplands will only be considered restricted if all available variance or waiver procedures have been exhausted; and

4. The total area of dredging or filling in isolated wetlands for the residence and associated residential improvement shall not exceed 4000 square feet; and the total area of clearing in wetlands (including the dredging and filling for the residence and associated residential improvements) shall not exceed 6000 square feet on the contiguous property owned by the applicant.

(2) In order to qualify for this general permit, an applicant must provide reasonable assurance that the proposed system:

(a) Does not significantly impede navigation and does not entail the construction of a structure for the launching or mooring of a boat when navigational access to the structure does not currently exist;

(b) Does not cause a violation of state water quality standards;

(c) Does not impede the conveyance of a stream, river or other watercourse in a manner that would increase off-site flooding;

(d) Does not adversely impact aquatic or wetland dependent listed species;

(e) Does not cause the drainage of wetlands; and

(f) Is not located in, on or over a coral community, macro-marine algae or submerged grassbed community. For the purposes of this general permit, macro-marine algae community shall not include algae unattached to the bottom, nor shall it include algae growing landward of the mean high water line or growing as an epiphyte on woody plants.

(3) Persons wishing to qualify for this general permit must file a notice, describing the proposed activities and providing plans and other information necessary to evaluate the potential for adverse impacts from the proposed activities. Any person proposing a system described in paragraph (1)(f) above, shall submit tax parcel information or other documentation, sufficient to establish that the property is not part of a tract of land that was divided into two or more parcels after July 1, 1994. The Department will provide written notification to the applicant whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Department has provided written notice that the applicant qualifies for the general permit.

(4) A determination that an activity qualifies for a General Permit for a minor activity applies only to the site specific activity, location, method of construction or operation of the authorized activity and the other design and operation features of the authorized activity.

(5) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under this section within a three year period where the combination of activities to be conducted pursuant thereto exceed the thresholds in Section 62-341.475, F.A.C.

(6) The provisions of paragraph (1)(e) do not supersede the exemption set forth in Subsection 403.813(2)(q), F.S.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.476 General Permit for Private Single-Family Residences Within Jupiter Farms, Palm Beach County.

(1) A general permit is hereby granted for the construction, alteration, maintenance, operation, abandonment, and removal of single-family residences and associated on-site residential improvements within the wetlands and other surface waters in Jupiter Farms, Palm Beach County, as identified below. This includes the construction, alteration, maintenance, operation, abandonment, and removal of culverts or bridges over non-navigable drainage or irrigation ditches to provide access to the residence.

(2) This general permit is limited as follows:

(a) The single-family residence is to be located within:

1. Township 40S, Range 41E-Sections 33 or 34;

2. Township 41S, Range 41E-Sections 1, 2, 3, 4 (east half), 9 (east half), 10, 11, 12, 13, 14, 15, or 16; or

3. Township 41S, Range 42E-Sections 7 or 18;

(b) Only one, single-family residence is authorized per parcel or lot. However, this shall not preclude additional living areas, such as “mother-in-law,” “maid,” and guest quarters that are part of the primary residence or other structures authorized under subsection 62-341.476(4), F.A.C.;

(c) The activities are not part of a larger plan of common development proposed by the applicant;

(d) The total area of dredging, filling, construction, land clearing, and other disturbance in wetlands and other surface waters within a parcel or lot shall not exceed 0.75 acre;

(e) The permittee offsets the functions provided by wetlands and other surface waters that will be lost as a result of the above activities through mitigation, as provided in subsection (3), below; and

(f) The activities undertaken under this general permit:

1. Are associated with a private single-family residence to be used by the current owner; and

2. Are not intended for, or being proposed by, a corporation, partnership, or other business entity, and otherwise will not be used for commercial or industrial purposes. However, this does not preclude an owner from conducting commercial activities on the property that are ancillary to a private single-family residence, such as sale of home-made crafts or home-grown produce; and shall not prohibit a trustee, beneficiary, or current resident from qualifying as an applicant when title to such single-family residence and associated on-site residential improvements is held in trust.

(3) To implement mitigation that will offset impacts from the construction of residences within the above-described sections, persons wishing to use this general permit shall pay Palm Beach County, as described below, an amount calculated as “X” times $4,000, where “X” equals the number of acres of wetlands or other surface waters that will be subject to construction, alteration, maintenance, or operation activities authorized herein, rounded to the nearest 0.01 acre (up to 0.75 acre).

(a) Initially these monies shall be applied to the Palm Beach County Department of Environmental Resources Management South Loxahatchee Slough Wetland Restoration Fund to implement the restoration, enhancement and long-term management of 237 acres of impacted wetlands within a 780-acre undeveloped parcel known as the South Loxahatchee Slough Restoration Project (SLSRP), in accordance with the Memorandum of Understanding between the Florida Department of Environmental Protection, the U.S. Army Corps of Engineers, Jacksonville District, and the Palm Beach County Board of County Commissioners through its Department of Environmental Resources Management, dated August 26, 2002, which is herein adopted and incorporated by reference. These wetlands are located south of PGA Boulevard, north of the Bee Line Highway, and west of the eastern leg of the C-18 Canal. This site is acknowledged to have the capability of providing 151.9 acre-credits of mitigation for wetland impacts within the above-described sections of Jupiter Farms;

(b) The Department recognizes that all of the wetland impacts within Jupiter Farms cannot be offset within the SLSRP, and that additional mitigation sites will have to be identified, funded, and implemented in the future. Therefore, the SLSRP shall be available under this general permit to offset impacts within the above-described sections of Jupiter Farms until the available credits within that site are exhausted, at which time the money will be directed to other suitable mitigation sites which shall be approved by the Department and identified through amendments to this rule.

(4) For the purposes of this general permit, “associated on-site residential improvements” include activities that are directly associated with a private single-family residence on the property, such as: a driveway, garage, on-site sewage treatment and disposal systems, wells, utility services (water, electricity, telephone, cable, and gas), recreation structures, sheds, barns, stables and animal pens, walkways, boardwalks, lawns, fences, pools, ponds, and gardens. To be authorized under this general permit, such associated on-site residential improvements must be constructed concurrently with construction of an individual single-family residence, or after such residence has been lawfully constructed, and must conform to all the conditions and criteria of this general permit. For purposes of this general permit, associated on-site residential improvements shall not include docks, piers, boat ramps, or other structures designed to provide boating access in, on, or over surface waters, and also shall not include improvements used in whole or part for commercial agriculture or aquaculture operations.

(5) In addition to the general conditions of section 62-341.215, F.A.C., and the other limiting conditions of this general permit, the following specific conditions shall also apply:

(a) On-site sewage treatment and disposal systems shall be constructed in uplands unless there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which such treatment and disposal systems can be located. For the purposes of this section, “unrestricted area of uplands” means an area of uplands that is not restricted by easement, deed restriction, local government regulation, or similar restriction that would prevent the on-site sewage treatment and disposal system from being located in those uplands.

(b) Material and debris resulting from any clearing and grading of the property authorized under this general permit shall not be deposited in wetlands or other surface waters outside of the footprint of the residence and associated on-site residential improvements authorized under this general permit.

(c) Culverts or bridges installed in drainage or irrigation ditches to provide access shall be located and sized so as to maintain existing capacity for water flow and volumes.

(d) The permittee shall implement soil stabilization, erosion, and sediment control best management practices during construction and at any other time when soil surfaces are disturbed such that the activities authorized under this general permit will not cause a violation of state water quality standards.

(e) Any areas excavated under this general permit shall not result in new connections to canals, ditches, swales, or other existing drainage systems within Jupiter Farms.

(6) Persons wishing to conduct activities under this general permit must file a notice with the local office of the Department, which shall include:

(a) A description of the proposed activity on the parcel or lot, including scaled or fully dimensioned plan and cross section views of the proposed dredging, filling, and construction;

(b) A statement that the residence and associated on-site residential improvements comply with the requirements of paragraph (2)(f) of this general permit;

(c) A statement that the parcel or lot is not part of a larger parcel or lot that was subdivided into two or more parcels or lotsafter February 19, 2003;

(d) A statement that the activities are not part of a plan of common development proposed by the applicant;

(e) A location map showing the relationship of the parcel or lot to existing roads and other land features that can allow a person unfamiliar with the area to locate the site. The map shall include property descriptions from the county tax assessor’s office;

(f) The area (in square feet) of wetlands or other surface waters proposed to be subject to dredging, filling, and construction;

(g) A description of the efforts made to locate the on-site sewage treatment and disposal systems in the uplands, including a map depicting the location and extent of the proposed on-site sewage treatment and disposal systems in relation to existing wetlands and other surface waters on the property; and

(h) Proof of the payment as required in rule 62-341.476(3), F.A.C., in the form of a receipt from Palm Beach County.

(7) This general permit shall not be applicable on any parcel or lot that has been the subject of a prior filing of a notice under this section when the combination of activities to be conducted pursuant to the prior and pending notices exceeds the thresholds of this general permit. However, use of this general permit does not preclude the use of other permits or exemptions that may be applicable on the parcel or lot, except that the Noticed General Permit under section 62-341.475, F.A.C., shall not be used with this general permit.

Specific Authority 373.026, 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 2-19-03, Amended 11-3-04.

# 62-341.483 General Permit to Water Management Districts to Conduct Minor Activities.

A general permit is hereby granted to the Department and Water Management Districts to conduct the activities described below:

(1) The repair, replacement or alteration of any existing bridge, levee, dam, pump station, lock, culvert, spillway, weir, or any other water control structure with structures of the same design or of a comparable design, provided that the maximum discharge rate capacity and control elevation do not exceed that of the structure to be replaced. Minor deviations in the structure’s design are authorized, including those due to changes in materials, construction techniques, or current construction codes or safety standards. Associated construction activities authorized by this permit include temporary fill plugs or cofferdams; upland bypass channels; channel shaping needed to accommodate the repair, replacement or alteration of the structure; and channel and bank stabilization, including riprap within 200 feet of the structure. Replacement may occur at the same site, or adjacent to the original structure. The area of wetlands or other surface waters from which material is to be dredged or filled shall not exceed a total of 0.5 acres for any one structure;

(2) Canal bank and bottom stabilization necessary to repair erosion damage and restore previously existing canal configurations. Authorized repair methods include placement of riprap, sand cement toe walls, clean fill material, poured concrete, geotechnical textiles or other similar stabilization materials. The distance to be restored or repaired shall not exceed 2000 feet at any one location along canal banks and 500 feet along canal bottoms; and

(3) Aerial pipeline crossings (including support piles) of man-made canals consistent with the provisions of Rule 62-341.455, F.A.C., except that the width of the crossing may be up to 200 feet.

(4) When the activity under this general permit is to be conducted by the Department within the geographical area of the Northwest Florida Water Management District, the Department shall provide the notice and any fee required by paragraph 62-346.090(2)(b), F.A.C., to the District, and the District shall process the notice as provided in subsection 62-346.090(2), F.A.C.

(5) When the activity under this general permit is to be conducted by the Department within the geographical area of the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, or South Florida Water Management District, the Department shall provide the notice and any required fee to the appropriate District which shall process the notice according to Rules 40B-400.483, 40C-400.483, 40D-400.483, or 40E-400.483, F.A.C., as applicable, and according to any related procedural rules of the District.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418 FS. History–New 10-3-95, Amended 10-1-07.

# 62-341.485 General Permit to Water Management Districts for Environmental Restoration or Enhancement.

(1) A general permit is hereby granted to the Department and Water Management Districts for the construction, alteration, operation, maintenance, removal and abandonment of systems to implement Department or District environmental restoration or enhancement projects.

(2) In order to qualify for this general permit, the environmental restoration or enhancement project must comply with any one of the following procedures:

(a) The project is part of a Surface Water Improvement and Management Plan developed pursuant to Section 373.453, F.S., that is reviewed by the Department and approved by a water management district in accordance with Section 373.456, F.S.;

(b) The project is approved by the Water Management District Governing Board or the Secretary of the Department after conducting at least one public meeting; or

(c) The project is wholly or partially funded by the Department through the Ecosystem Management and Restoration Trust Fund pursuant to Section 403.1651, F.S., or the Water Resource Restoration and Preservation Act pursuant to Section 403.0165, F.S.

(3) This general permit shall be subject to the following specific conditions:

(a) A project under this general permit shall not significantly impede navigation; and

(b) All erodible ground areas and slopes disturbed during construction shall be revegetated with sod, mulch, seed, wetland species, or otherwise appropriately stabilized within 72 hours after completion of the activity authorized under this general permit and at any other time as necessary to prevent violations of state water quality standards.

(4) When the activity under this general permit is to be conducted by the Department within the geographical area of the Northwest Florida Water Management District (District), the Department shall provide the notice and any fee required by paragraph 62-346.090(2)(b), F.A.C., to the District, and the District shall process the notice as provided in subsection 62-346.090(2), F.A.C.

(5) When the activity under this general permit is to be conducted by the Department within the geographical area of the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, or South Florida Water Management District, the Department shall provide the notice and any required fee to the appropriate District which shall process the notice according to Rules 40B-400.485, 40C-400.485, 40D-400.485, or 40E-400.485, F.A.C., as applicable, and according to any related procedural rules of the District.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07.

# 62-341.486 General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities.

(1) A general permit is hereby granted to the U.S. Army Corps of Engineers for the construction, alteration, operation, and maintenance of systems to implement environmental restoration or enhancement activities. In order to qualify for this general permit, the decision documents for the environmental restoration or enhancement activity must have been coordinated through the process described in Section III of the Interagency Coordination Agreement for Civil Works, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District (February 28, 2006), which is hereby adopted and incorporated by reference. In addition, the environmental restoration or enhancement activity must be funded or conducted by the U.S. Army Corps of Engineers , and be authorized under:

(a) Section 204 of the Water Resources Development Act of 1992, as amended through January 24, 2002 (Beneficial Uses of Dredged Material), which is hereby adopted and incorporated by reference

(b) Section 206 of the Water Resources Development Act of 1996, as amended through January 24, 2002 (Aquatic Ecosystem Restoration), which is hereby adopted and incorporated by reference; or

(c) Section 1135 of the Water Resources Development Act of 1986, as amended through January 24,2002 (Project Modifications for Improvement of Environment), which is hereby adopted and incorporated by reference.

(2) The following shall not be eligible for this general permit:

(a) Activities on the sandy beaches of Florida fronting the Atlantic Ocean, the Gulf of Mexico or the Straits of Florida that extend seaward of the mean high water line, including beach restoration, nourishment, disposal of dredged material, beach or inlet structures, or excavation;

(b) Activities proposed to implement mitigation for another activity that requires a permit under Part IV of Chapter 373, F.S., a water quality certification, or coastal zone consistency concurrence;

(c) Activities that involve replacing a natural biological community type with a different type of biological community, such as filling bay bottom to create a marsh; except:

1. To restore or enhance a community that was previously damaged or destroyed by human activities, such as filling a dredged channel to the elevations and community types that existed before dredging; or

2. To restore or enhance a community type that was previously existing, but has been lost through avulsion when it is determined to be in the public interest
Demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action.; or

3. To reduce or eliminate populations of exotic and nuisance species with the goal of enabling replacement by natural, endemic communities;

(d) Activities that adversely affect animal species that are listed as endangered, threatened or of special concern in Rule 68A-27.003, 68A-27.004, or 68A-27.005, F.A.C., and plant species listed in 50 Code of Federal Regulation 17.12, when such plants are located in a wetland or other surface water;

(e) Activities that involve the use of flocculating agents such as polymers and alum;

(f) Activities that would adversely affect historic properties listed in or eligible for listing in the National Register of Historic Places under the provisions of Section 267.061, F.S.;

(g) Activities requiring a permit under Section 373.1502, F.S., or authorized under Sections 206 or 528 of the Water Resources Development Act of 1996, Public Law 104-303 (Critical Restoration Projects);

(h) Activities authorized under Section 101(8) of the Water Resources Development Act of 1992, Public Law 102-580; or

(i) Activities conducted in association with Kissimmee, Everglades, or Lake Okeechobee restoration.

(3) Prior to submittal of the notice to the agency to use this general permit as required and described in paragraph (5)(a), the environmental restoration or enhancement activity must be included in a Feasibility Report, Reevaluation Report, Letter Report or other equivalent Federal environmental decision document that has been reviewed by the state of Florida. Documentation that the state has found the environmental restoration or enhancement activity to be consistent with the Florida Coastal Management Program must be submitted with the notice to use this general permit.

(4) This general permit shall be subject to the following additional provisions and limitations:

(a) Activities authorized under this general permit shall not be available for use as future mitigation credit
a unit of mitigation equal to the complete restoration of 1 acre of wetlands or other surface waters (assuming the acre was completely degraded or damaged). More than 1 acre of actual mitigation is usually needed to create 1 mitigation credit because mitigation is usually done on lands that have not been completely degraded. The unit sold by a mitigation bank for impacts by others. for a separate activity that requires a permit under Part IV of Chapter 373, F.S., a water quality certification, or a coastal zone consistency concurrence;

(b) The activity must be conducted in a manner that will not adversely affect the value of functions provided to fish and wildlife by wetlands or other surface waters;

(c) The activity must not cause adverse flooding to on-site or off-site property, must not cause adverse impacts to existing surface water storage or conveyance capabilities, must not cause adverse secondary impacts
unintended impacts that occur in addition to and because of the initial impact. Example: a wetland is partially cleared and filled, which unintentionally reduces the ecological value of the immediately surrounding wetlands by reducing habitat or causing ecological edge effects, like plant overgrowth. to the water resources, must not adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., must not cause adverse impacts to a work of the District established pursuant to Section 373.086, F.S., and must not adversely affect properties outside the area to be enhanced or restored;

(d) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable special basin and geographic area criteria established in Chapters 40C-41 or 40E-41, F.A.C.

(e) The activities must not be for the primary purpose of providing or enhancing recreation or other public uses of the lands that are enhanced or restored under this general permit. However, nothing in this general permit shall prohibit areas that are enhanced or restored from being made available for compatible public recreation activities. However, the construction, alteration, operation, removal, maintenance, or abandonment of public recreational facilities, such as parking lots, roads, trails, boardwalks, docks, piers, observation decks, kiosks, and visitor’s centers, or any surface water management system serving those facilities, are not authorized under this general permit, and must be authorized in accordance with Part IV of Chapter 373, and Chapters 253 and 258, F.S., prior to their construction and use.

(f) The activity must not violate the water quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. Appropriate measures shall be used to control runoff and discharges from the site, such as stabilization of disturbed sediments and soils, and effective deployment and maintenance of turbidity and silt control devices during all phases of construction, and as necessary during operation and maintenance of the system.

(5)(a) The U.S. Army Corps of Engineers must file a notice, using Form 62-343.900(1), describing the proposed activities and providing plans and other information necessary to evaluate whether the activities qualify under the terms and conditions of this general permit, which shall specifically also include:

1. A copy of the Coastal Zone Consistency Concurrence documentation referenced in subsection (3) of this general permit;

2. Documentation of the approved federal authorization under which funding is expected; and

3. Copies of the environmental documents that have been developed as part of the early coordination process described in Section III of the Interagency Coordination Agreement for Civil Works, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District, dated February 28, 2006.

(b) The Department will provide written notification to the U.S. Army Corps of Engineers whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice, or 30 days after submittal of any errors or omissions needed to correct the notice, as provided in subsection 62-343.090(1), F.A.C. The proposed activity shall not commence until the Department has provided the applicant with an affirmative, written confirmation that the proposed activity qualifies for this general permit.

(6) The Corps is advised that authorization in accordance with Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., and the Interagency Coordination Agreement for Civil Works, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District (February 28, 2006), to use sovereignty submerged lands must be obtained from the Board of Trustees of the Internal Improvement Trust Fund prior to any construction authorized under this general permit.

Specific Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.414(9) FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.414(9), 373.416, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History - New 12-5-06.

# 62-341.487 General Permit to Water Management Districts to Change Operating Schedules for District Water Control Structures.

(1) A general permit is hereby granted to the Department and Water Management Districts to change the operating schedules for existing water control structures that are owned or operated by the Department or Water Management District when such changes are for environmental restoration or enhancement.

(2) The District Governing Board shall hold at least one public meeting concerning the proposed operating schedule prior to its approval.

(3) When the activity under this general permit is to be conducted by the Department within the geographical area of the Northwest Florida Water Management District (District), the Department shall provide the notice and any fee required by paragraph 62-346.090(2)(b), F.A.C., to the District, and the District shall process the notice as provided in subsection 62-346.090(2), F.A.C.

(4) When the activity under this general permit is to be conducted by the Department within the geographical area of the Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, or South Florida Water Management District, the Department shall provide the notice and any required fee to the appropriate District which shall process the notice according to Rules 40B-400.487, 40C-400.487, 40D-400.487, or 40E-400.487, F.A.C., as applicable, and according to any related procedural rules of the District.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418 FS. History–New 10-3-95, Amended 10-1-07.

# 62-341.490 Noticed General Permit for Dredging by the West Coast Inland Navigation District.

(1) A general permit is hereby granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds listed in Table 1 and Figure 1, and as described in the following reports:

(a) Antonini, Gustavo A., and Paul Box, 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida;

(b) Swett, Robert A., Gustavo A. Antonini and Sharon Schulte, 2000, Regional Waterway Management System for North Manatee County, TD-2, Florida Sea Grant College Program, Gainesville, Florida;

(c) Antonini, Gustavo A., David Fann, and Robert A. Swett, 2000, Miguel Bay, Florida: Inventory of Boats, Depths and Signs; and a Waterway Restriction Analysis, TP-2A, Florida Sea Grant College Program, Gainesville, Florida;

(d) Antonini, Gustavo A., Robert Swett, Sharon Schulte and David Fann, 2000, Regional Waterway Management System for South Sarasota County, TD-1, Florida Sea Grant College Program, Gainesville, Florida.

Copies of the above reports may be obtained by contacting environmental resource permit program staff in the Southwest District Office (Tampa) of the Department and from the Department’s web site: http://www.dep.state.fl.us/water/wetlands/.

(2) This general permit is further limited as follows:

(a) The area to be dredged shall not contain any live seagrass beds, oyster beds or bars, coral communities, or attached macro-marine algae communities. However, this shall not prevent dredging of incidental individual specimens or scattered (less than one percent coverage within the area to be dredged) occurrences of seagrasses, oysters, or attached macro-algae. To the extent individual or clumped oysters are to be dredged, they shall be relocated to the maximum extent practicable to locations previously approved by the Department.

(b) Channel alignments shall follow existing channels and previously dredged areas to the maximum extent practicable.

(c) Dredging shall not exceed the maximum depths shown in Table 1.

(d) No more than 6,500 cubic yards of dredged material shall be removed over a five-year period within each trafficshed, beginning with the first project authorized under this general permit within the trafficshed. Within 30 days following the conclusion of each dredging event, a report shall be submitted to the local district office of the Department that includes the volume of material excavated from each channel and canal within the trafficshed, and the cumulative total volume of material excavated for the trafficshed under this general permit. This report shall be included with any subsequent notices to dredge channels or canals within the same trafficshed.

(e) The dredging activity is restricted to Class III waters, or Class II waters that are classified by the Department of Agriculture and Consumer Services under Chapter 62R-7, F.A.C., as unclassified, prohibited, restricted, or conditionally restricted for shellfish harvesting.

(f) For purposes of this general permit, the term “public navigation channels and canals” shall include the Intracoastal Waterway and any other waterway as determined by the WCIND Board to make a significant contribution to boat traffic in the four county district, including access channels connecting the inland waterways to residential canal systems.

(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-341.215, F.A.C., and the following specific conditions:

(a) Prior to submittal of a notice to use this general permit, the WCIND shall conduct at least one pre-application meeting with the Department to discuss project designs, implementation details, and any resource concerns, including approval of any oyster relocation sites in accordance with paragraph 62-341.490(2)(a), F.A.C.

(b) Each dredging event for a trafficshed shall require a separate notice to use this general permit. Multiple channels within a single trafficshed may be included in one notice. Each notice shall be submitted with:

1. Scaled plan and cross-sectional drawings that clearly identify the length, width, and depth (referenced to mean lower low water) of the area or areas to be dredged within each channel and canal, locations of any hydraulic pipelines between the dredge areas and the dredged material disposal sites, and identification of the channels, canals, and names of the trafficsheds that are to be dredged from Table 1;

2. Identification of the source document described in subsection (1) and reference data that specifically describe the work proposed for dredging within the trafficshed. All document titles, page numbers, figures, and other relevant information to the trafficshed must be identified;

3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any oyster relocation or habitat restoration areas required under paragraph 62-341.490(2)(a), F.A.C. If barges or temporary stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such barges and stockpile areas, including controls that will be used to prevent dredge material runoff from the barges and stockpile areas also must be described;

4. The estimated volume of each proposed dredging area;

5. The dredging and disposal methods, and proposed duration of each;

6. Identification of any special water classifications for the areas to be dredged, such as the water class (Rule 62-302.400, F.A.C.); shellfish classification under Chapter 62R-7, F.A.C., (approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified); Aquatic Preserve, state park, or state recreation area designation under Chapter 258, F.S.; and Outstanding Florida Water or Outstanding National Resource Water designation under Rule 62-302.700, F.A.C.;

7. An updated (prepared between May through September within one year prior to the proposed dredging) resource inventory of the areas to be dredged, including the presence of live seagrasses (distinguishing between beds and scattered seagrass growth), oysters (distinguishing between beds, bars, and scattered occurrences), coral communities, or attached macro-marine algae communities (distinguishing between beds and scattered occurrences). This resource inventory must also include all areas within any requested mixing zones associated with the dredging project (including outfall pipes from the dredge material disposal area), and all areas that will be occupied by dredging equipment (including cables, pipelines, dredges, barges, and stockpiling/disposal of dredged material);

8. If the notice applies to a trafficshed that was subject to previous use of this general permit, such notice also shall clearly identify the extent of all previously authorized dredging within the trafficshed by the WCIND; the date of all such dredging events; the estimated cubic yards excavated from each channel and canal, and for the trafficshed as a whole; and the permit numbers assigned to such prior use of this general permit for the trafficshed;

9. The estimated date the dredging activities are planned to begin and the estimated length of time it will take to complete the project. If the project will be accomplished in phases, the estimated starting and ending date of each phase must also be submitted; and

10. A plan for monitoring water quality in accordance with the requirements of paragraph (3)(e) of this general permit.

(c) All dredged material resulting from the activities authorized by this general permit shall be removed and deposited on a self-contained, upland dredged material disposal site. The only exceptions to the use of a self-contained, upland dredged material disposal site shall be: oyster relocations required under paragraph 62-341.490(2)(a), F.A.C.; or where dredged materials are to be used as part of a habitat restoration plan authorized by the Department or a water management district under Part IV of Chapter 373, F.S., in which case any discharge of dredged material shall be in compliance with all terms of that authorization. In all cases, the dredging operation, the discharge of dredged material, and the dredged material disposal site shall be designed, located, and operated such that there are no water quality violations in wetlands or other surface waters outside of a mixing zone established under paragraph (3)(d) of this general permit.

(d) The permittee shall prevent violations of state water quality standards immediately outside of a mixing zone of no more than 150 meters in radius from the dredge site and from any discharge point associated with a dredge material disposal area. This shall minimally consist of: using and maintaining in a functional condition erosion and sediment control devices and best management practices, including turbidity curtains or similar devices; managing dredge pumping rates and volumes so as to minimize discharges from dredged material disposal sites; and managing dredged material disposal site dikes, berms, and water control structures so as to minimize erosion, breaches, and discharges. Mixing zones shall be designed to avoid live seagrass beds, oyster beds and bars, and attached macro-algae communities to the maximum extent practical.

(e) Water quality monitoring shall occur following the monitoring plan required under subparagraph (3)(b)10. of this general permit. This shall minimally consist of monitoring at the dredge site, at the location of any waters receiving outfall from dredged material disposal sites, and at background and down-gradient locations in the water body where dredging is occurring and surrounding the dredged material disposal sites. This monitoring shall be designed to measure turbidity and any metals or other toxic materials that have been identified as having a likelihood of entering the water column. All monitoring for turbidity shall occur at intervals not to exceed four hours during active dredging operations and when there is a discharge from dredge material disposal sites; monitoring for other parameters shall be at intervals specified in the monitoring plan under subparagraph (3)(b)10. of this general permit. Results of this monitoring and a copy of the logs shall be submitted to the local office of the Department in accordance with the reporting plan submitted under subparagraph (3)(b)10. of this general permit.

(f) In the event the water quality monitoring required under this general permit detects violations of state water quality standards, dredging shall cease immediately until the source of the violation is resolved and the receiving waters again meet applicable water quality standards.

(g) After dredging, the trafficshed shall be marked with appropriate aids to navigation in order to prevent damage to seagrass beds and to minimize turbidity. The permittee is advised that Chapter 327, F.S., shall govern the placement and marking of such aids to navigation.

(h) The permittee shall be responsible for ensuring that all contractors and other entities implementing this general permit comply with the following standard manatee and marine turtle conditions:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel shall be responsible for observing water-related activities for the presence of manatees.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee being harmed, harassed, or killed as a result of construction activities, the Department will refer the matter to the Florida Fish and Wildlife Conservation Commission for appropriate action.

3. Siltation barriers shall be made of material in which manatees and turtles cannot become entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to or exit from manatee feeding areas.

4. All vessels associated with the project shall operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than four-foot clearance from the bottom, and such vessels shall follow routes of deep water whenever possible.

5. If a manatee is sighted within 100 yards of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautions shall include not operating any equipment closer than 50 feet to a manatee, and immediately shutting down equipment if a manatee comes within 50 feet of the equipment. Activities will not resume until the manatees have departed the project area of their own volition.

6. Any collision with or injury to a manatee or marine turtle shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1(888)404-FWCC (1(888)404-3922). Collision or injury also should be reported to the U.S. Fish and Wildlife Service in Jacksonville (904)232-2580 for north Florida or Vero Beach (561)562-3909 for south Florida.

7. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least three feet by four feet which reads “Caution: Manatee Area” shall be posted in a location prominently visible to water-related construction crews. A second sign shall be posted if vessels are associated with the construction, and shall be placed visible to the vessel operator. The second sign shall be at least 8 1/2 inches by 11 inches and read:

Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. A collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1(888)404-FWCC (1(888)404-3922). Collision or injury also should be reported to the U.S. Fish and Wildlife Service in Jacksonville (904)232-2580 for north Florida or Vero Beach (561)562-3909 for south Florida.

Specific information on obtaining these signs may be obtained by contacting the Florida Fish and Wildlife Conservation Commission.

(i) Work under this general permit shall not commence until the Department has provided written confirmation to the notice required under paragraph 62-341.490(3)(b), F.A.C., that the applicant qualifies to use the general permit.

(4) The permittee is advised that, pursuant to Section 556.105, F.S., excavating contractors are required to provide certain information concerning the excavation through the one-call notification system not less than two nor more than five business days before beginning any excavation.

(5) For activities located outside of aquatic preserves and outside of state parks, state preserves, and state recreation areas, this general permit constitutes consent of use by the Board of Trustees of the Internal Improvement Trust Fund (BOT) under Chapter 253, F.S., to enter upon and use sovereign submerged lands to the extent necessary to complete the permitted activities. However, specific written authorization from the BOT is required to use or alter sovereign submerged lands within aquatic preserves, state parks, state preserves, and state recreation areas under Chapter 258, F.S.

(6) In accordance with Section 253.77, F.S., dredged material removed from sovereign submerged lands under this general permit shall be exempt from the payment of severed dredged material fees. However, dredged material with economic value, such as beach quality sand, shall be used for public purposes to the maximum extent practicable.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(4), 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.426, 403.813(2)(f), 403.813(3), 403.814(1) FS. History–New 8-4-02.

e

# 62-341.491 Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone.

A general permit is hereby granted to increase the height of an existing earthen embankment used for the impoundment of water at sand and limestone mining facilities, provided:

(1) The applicant and a professional engineer registered in Florida certify that:

(a) The proposed vertical extension or “lift” is part of a previously permitted or exempt phased plan for vertical expansion of the impoundment, which plan was initially designed and certified by a professional engineer registered in Florida, and the completed dam with proposed vertical extension will protect the public health, safety or welfare, and the property of others; or

(b) The proposed vertical lift is designed, constructed, operated and maintained, or abandoned in accordance with the minimum requirements as set forth in the most recent edition of U.S. Army Corps of Engineers, Engineering Manual No. EM 1110-2-2300, “General Design and Construction Considerations, Earth and Rock-Fill Dams,” July 30, 2004 (the Manual, available from the U.S. Army Corps of Engineers internet site at http://www.usace
US Army Corps of Engineers.army.mil/inet/usace-docs/eng-manuals/). The Department shall consider and accept other methods proposed by the applicant if the Department determines that such other methods utilize practices which will provide equivalent protection as compared to the criteria set forth in the Manual. If the applicant chooses to propose a design that does not address the specific criteria of the Manual, the applicant must provide the Department reasonable assurance, based on plans, test results and other information specific to the design proposed that the construction, alteration or operation of the vertical lift will provide equivalent protection; or

(c) The vertical expansion of the impoundment and the associated system are located within the existing boundaries and topography of lands owned or controlled by the permittee such that failure of the impoundment will not adversely affect wetlands or other surface waters, will only affect upland property owned or controlled by the permittee, and the existing topography will prevent off-site discharge or release up to the 100 year flood event.

(2) No activities will be conducted within 50 feet of wetlands or other surface waters. This restriction does not apply to isolated wetlands that are less than one-half acre in size, unless:

(a) The wetland is used by the threatened or endangered species, or

(b) The wetland is located in an area of critical state concern designated pursuant to Chapter 380, F.S., or

(c) The wetland is connected by standing or flowing surface water at seasonal high water
(freshwater) the elevation to which the ground and surface water can be expected to rise due to a normal wet season. level to one or more wetlands, and the combined wetland acreage so connected is greater than one half acre, or

(d) The Department establishes that the wetland to be impacted is, or several such wetlands to be impacted are cumulatively, of more than minimal value to fish and wildlife.

(3) The applicant provides boundary and topographic maps, aerial photogrammetric maps or other information showing the project location, and demonstrating that the vertical expansion of the impoundment and the associated system of the facilities are located within the existing boundaries of lands owned or controlled by the permittee.

(4) The activities are not otherwise part of a larger plan of new development or system expansion or sale within the permittee’s land holdings or other contiguous land, except as authorized by a permit under Part IV of Chapter 373, F.S.

(5) Site specific measures are employed to prevent violations of state water quality standards and avoid downstream impacts by controlling discharges, erosion, and sediment transport during construction, and continuing after operation and maintenance are underway; using a construction phase water management and erosion control plan that is designed and implemented to function in accordance with technical standards and procedures for a stormwater pollution prevention plan as referenced in Part V of the Florida Department of Environmental Protection (FDEP) document, “Generic Permit for Stormwater Discharge from Large and Small Construction Activities,” FDEP document number 62-621.300(4)(a), effective May 1, 2003. This document may be obtained by writing the FDEP, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, or from the Department’s Internet site at www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm;

(6) All construction related site activities associated with the vertical lift will be completed within five years after this permit is authorized, and the effective operation and maintenance of the system will be perpetual; and

(7) Within 30 days after completion of construction of the permitted activity, the permittee submits a written notice of completion and certification by a registered professional engineer or other appropriate individual as authorized by Section 373.117 or 403.0877, or Chapter 471, 472, or 492, F.S., to the permitting agency, in accordance with Form 62-343.900(5) (July 4, 1995) (As Built Certification by a Registered Professional) and Form 62-343.900(7) (July 4, 1995) (Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase).

Specific Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05.

# 62-341.492 Noticed General Permit for Prospecting.

A general permit is hereby granted for prospecting for limestone, sand, and peat provided that all of the following conditions are met:

(1) Prospecting is conducted by coring, augering, impact boring or other techniques designed to remove samples from an excavated opening less than one foot in diameter.

(2) No prospecting is conducted below the ordinary or mean high water line of natural water bodies such as natural lakes, ponds, streams, rivers, estuaries or lagoons.

(3) Prospecting in wetlands must meet the following conditions:

(a) No activities shall be conducted in Outstanding Florida Waters, Aquatic Preserves, Class I waters, Class II waters, waters which are classified by the Florida Department of Agriculture and Consumer Services as approved, restricted, conditionally approved or conditionally restricted for shellfish harvesting in Rule 5L-1.003, F.A.C., or wetlands used by endangered or threatened species designated in Rules 68A-27.003 and 68A-27.004, F.A.C., or 50 Code of Federal Regulations, Section 17.12. For purposes of this permit, a wetland is used by endangered or threatened species if reasonable scientific judgment indicates that the wetland provides habitat in which endangered or threatened species engage in activities such as resting, feeding, breeding, nesting or denning.

(b) No above-grade roads shall be constructed. Vehicles used for prospecting in wetlands shall be of a type generating minimum ground pressure to minimize rutting and other environmental impacts. Disturbed areas along each prospecting line shall be restored to original contours upon completion of prospecting activities along that specific alignment.

(c) Disturbances within wetlands shall be no wider than 15 feet along any portion of the prospect line, except at the immediate site of the drill hole. At the immediate site of the drill hole the disturbance shall not exceed 25 feet. No debris or spoil shall be placed outside these limits.

(d) Prospecting lines shall be aligned to minimize wetland impacts and avoid the destruction of mature wetland trees to the greatest extent practicable.

(e) All drill tailings shall be returned to the drill hole and the excess removed so that no spoil material is left above grade in a wetland.

(f) If the removal or cutting of vegetation is required, there shall be a minimum interval of 300 feet between individual parallel prospecting lines. The removal of vegetation shall not include grubbing, or the pulling or pushing up of root systems.

(g) Any wetland disturbed by prospecting activities shall be restored by replanting native indigenous vegetation of the same species as were displaced. Exotic species such as Schinus terebinthifolius, Melaleuca quinquenervia, and Casuarina spp., and nuisance species Typha spp., and Ludwigia peruviana shall be controlled at densities not exceeding the densities of these species in undisturbed portions of the wetland.

(h) Turbidity and erosion control measures such as earthen berms, hay bales, temporary swales, filter cloth, turbidity screens, and temporary seeding, sodding, and mulching shall be utilized, as necessary, to prevent violation of state water quality standards beyond the limits of the prospecting line.

Specific Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05.

# 62-341.494 Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County.

(1) A general permit is hereby granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds and secondary channel systems listed in Table 1 and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program, Gainesville, Florida (30 October 2008), which is hereby incorporated by reference. Additional information on the background, methodology, and data used in identifying the trafficsheds and secondary channel systems that are the subject of this general permit is described in the following reports:

(a) Antonini, Gustavo A, and Paul Box, 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida;

(b) Swett, Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2000, Regional Waterway Management System for Lee County, Phase I, TD-3, Florida Sea Grant College Program, Gainesville, Florida;

(c) Swett, Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2001, Regional Waterway Management System for Lee County, Phase 2, TD-4, Florida Sea Grant College Program, Gainesville, Florida;

(d) Fann, D.A., R.A. Swett, and G.A. Antonini, 2002. Regional Waterway Management System for Lee County, Phase 3. TD-5, University of Florida, Gainesville, FL: 21 Florida Sea Grant.

Copies of the above documents may be obtained by contacting environmental resource permit program staff in the Department’s South District Office (Fort Myers) and from the Department's Internet site at http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm. This general permit is not required for maintenance dredging that qualifies for an exemption under Section 403.813(1)(f), F.S.

(2) This general permit is further limited as follows:

(a) For purposes of this general permit, the term “public navigation channels and canals” shall consist of the Intracoastal Waterway and those trafficsheds and secondary channel systems identified on the maps in SGEF-173, which have been determined by the WCIND Board to make a significant contribution to public boating traffic.

(b) The area to be dredged shall not contain any living communities of true stony coral (order Scleractinia), hydrocoral (order Milleporina), octocoral (subclass Octocorallia), or soft coral (Alcynoacea, Gorgonacea and Pennatulacea), sponge beds (Porifera), oyster bars (Crassostrea spp.), or macroalgae of the family Caulerpaceae. This shall not prevent dredging of incidental individual specimens of corals, sponges, or oysters. To the extent individual or clumped oysters, corals, or sponges are to be dredged, they shall be relocated to the maximum extent practicable in accordance with paragraph (3)(c) of this general permit. In addition, the dredging alignments shall be located so as to not adversely affect coral and sponge communities and oyster bars as a result of sloughing of channel side slopes. Seagrass within the proposed dredged area shall be relocated in accordance with paragraph (3)(c) of this general permit.

(c) To the maximum extent practicable, dredging alignments shall follow existing channels and previously dredged areas and avoid and minimize impacts to seagrass communities (Potamogetonaceae, Hydrocharitaceae and Cymodoceae sp.). Dredging alignments also shall be located to minimize the potential for erosion to adjacent seagrass communities as a result of sloughing of channel side slopes.

(d)1. The “No Internal Combustion Motor Zones” (NICMZs) shown and described in the attached Exhibit A, which reflect the boundaries approved in Resolution 07-09-49 of the Lee County Board of County Commissioners on September 25, 2007, are hereby established by this general permit. Within these NICMZs, the use of electric motors is permitted, but operators of all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water.

2. Prior to any dredging authorized by this general permit within an Aquatic Preserve, WCIND shall demonstrate that the NICMZ(s) within that aquatic preserve have been established and marked in the field. Nothing in this rule shall be construed to relieve WCIND from obtaining sign permits required by the Florida Fish and Wildlife Conservation Commission (FWC). For this purpose, DEP authorizes WCIND to apply to FWC for all required sign permits to mark the boundaries of the NICMZs established by this general permit. WCIND shall be responsible for installing and maintaining all permitted signs.

3. WCIND will design and implement a program to monitor seagrasses within the NICMZs using various scientifically approved methods after consultation with DEP and FWC staff. The monitoring shall be designed to establish the baseline coverage of seagrasses by species, the number and coverage of prop scarring, and document any change in coverage over time. At a minimum, the first monitoring will occur within 90 days after the boundaries of the NICMZs have been marked with signage as provided in the preceding section of this general permit, and thereafter every two years for a total of ten years. The monitoring plan shall include metrics that can be used to quantitatively establish the relative success or failure of seagrass restoration and protection following establishment of the NICMZs.

(e) Dredging alignments shall not exceed the maximum depths shown in Table 1. All dredging alignments shall not exceed a maximum top width of 30 feet and a maximum bottom width of 20 feet. Overdredging to achieve the final authorized depth and width is not allowed. An as-built survey of the dredging alignment shall be submitted to the Department as provided in paragraph (3)(h) below.

(f) No more than 8,500 cubic yards of dredged material shall be cumulatively removed through authorizations by this general permit over a five-year period within each trafficshed or secondary channel system, beginning with the first project authorized under this general permit within the trafficshed or secondary channel system. Within 30 days following the completion of the as-built survey required in paragraphs (2)(e) above and (3)(h), below, a report shall be submitted to the South District office of the Department that includes the volume of material excavated from each channel and canal within the trafficshed or secondary channel system, and the cumulative total volume of material excavated for the trafficshed or secondary channel system under this general permit within the previous five years. This report shall be included with any subsequent notices to dredge channels or canals within the same trafficshed or secondary channel system.

(g) The dredging activity is restricted to Class III Waters, or Class II Waters that are classified by the Department of Agriculture and Consumer Services under Chapter 62R-7, F.A.C., as unclassified, prohibited, restricted, or conditionally approved for shellfish harvesting.

(h) This general permit shall not apply to dredging within the limits of areas subject to currently valid individual ERP
Environmental Resource Permit dredging permits.

(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-341.215, F.A.C., and the following specific conditions.

(a) Each dredging event for a trafficshed or secondary channel system shall require a separate notice to use this general permit. Multiple areas within a single trafficshed or secondary channel system may be included in one notice. Each notice shall be submitted with the following:

1. Scaled plan and cross-sectional drawings that clearly identify the length, width, and depth (referenced to mean lower low water) of the area or areas to be dredged within each channel and canal; locations of any hydraulic pipelines between the dredge areas and the dredged material disposal sites; and identification of the channels, canals, and names of the trafficsheds or secondary channel system that are to be dredged from Table 1.

2. Identification of the source document described in subsection 1 and reference data that specifically describe the work proposed for dredging within the trafficshed or secondary channel system. All document titles, page numbers, figures, and other relevant information to the trafficshed or secondary channel system must be identified.

3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any water quality or habitat restoration as described in paragraph (3)(d) of this general permit and any relocation areas required under paragraph (2)(b) of this general permit. If dredged material fill will be transported over water by barge, the notice will include assurance that the barge will be designed and sized to prevent discharge of dredged material runoff, prop or hull dredging, and discharge during the loading and unloading of material. If stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such stockpile areas, including controls that will be used to prevent dredge material runoff also must be described. The notice must provide assurance any temporary stockpile areas will have no impacts to jurisdictional wetlands or surface waters.

4. The estimated volume of each proposed dredging area.

5. Identification of any special water classifications for the areas to be dredged, such as the water class (Rule 62-302.400, F.A.C.); shellfish classification under Chapter 62R-7, F.A.C.; Aquatic Preserve, state park, or state recreation area designation under Chapter 258, F.S.; and Outstanding Florida Water or Outstanding National Resource Water designation under Rule 62-302.700, F.A.C.

6. A resource inventory of the dredging alignments which has been prepared or updated between May through September within one year prior to the proposed dredging. The resource inventory must be conducted by an individual experienced and knowledgeable in benthic communities and seagrass identification. The resource inventory must identify the presence and location of seagrasses, oysters, coral communities, sponge beds, and macroalgae of the family Caulerpaceae. This resource inventory must also include all areas within any requested mixing zones associated with the dredging project (including outfall pipes from the dredge material disposal area), and all areas that will be occupied by dredging equipment (including cables, pipelines, dredges, barges, and stockpiling/disposal of dredged material). The resource inventory assessment within channels will be conducted as follows, although the WCIND may use equivalent assessment methods upon receiving prior written approval from the Department:

a. The assessment will be conducted along a minimum of two transects within the dredging alignment. The transects will be along a line parallel with and 5 feet within the sides of the dredging alignment;

b. The resource inventory assessment within any requested mixing zones shall be conducted along grid transects every 10 feet throughout the length and width of the requested mixing zone; and

c. The resource inventory shall be qualitative in nature but shall include identification and location of corals, sponges, and oysters to be relocated pursuant to paragraph (2)(b) of this general permit, and include general identification and location of the extent of seagrass areas and a qualitative description of their relative extent of coverage, and density. The resource inventory shall be completed and submitted a minimum of 30 days prior to the pre-application meeting required by paragraph (3)(b) of this general permit.

7. Identification of the extent and location of all previous dredging within the past five years authorized pursuant to this noticed general permit within the trafficshed or secondary channel system; the date of all such dredging events; the estimated cubic yards excavated from each distinct portion of the trafficshed or secondary channel system pursuant to this general permit; and the permit numbers assigned to such prior use of this general permit for the trafficshed or secondary channel system.

8. The estimated date the dredging activities are planned to begin and the estimated length of time it will take to complete the project. If the project will be accomplished in phases, the estimated starting and ending date of each phase must also be submitted.

9. A plan for monitoring water quality minimally consisting of monitoring at the dredge site, at the location of any waters receiving outfall from dredged material disposal sites, and at background and down-gradient locations in the water body where dredging is occurring and surrounding the dredged material disposal sites. The monitoring shall be designed primarily to measure in-situ turbidity, but is subject to modification based on the pre-application meeting discussion with the Department to ensure the plan is capable of detecting any potential water quality violations from the work. If the dredge area is in close proximity to a facility or location likely to cause a discharge of toxic materials, the water quality monitoring as well as best management practices proposed shall be designed to contain deleterious substances during dredging. Results of the monitoring and a copy of the logs shall be submitted in accordance with the provisions in paragraph (3)(f) of this general permit.

10. A description of the resources to be relocated pursuant to paragraphs (2)(b) and (3)(c) of this general permit, the methods to be used for their relocation, and the locations to which they will be relocated.

(b) A minimum of 30 days prior to submittal of a notice to use this general permit, the WCIND and Lee County shall conduct at least one pre-application meeting with the South District Department Environmental Resources Permitting staff to discuss project designs, implementation details, and any resource concerns, including approval of any resource relocation in accordance with paragraph (2)(b) of this general permit or water quality or habitat restoration sites in accordance with paragraph (3)(d) of this general permit. For a proposed project within an aquatic preserve, this meeting shall include the appropriate aquatic preserve manager or their designee. In the event the pre-application meeting adequately addresses all Department questions or concerns, the Department will inform the WCIND that the notice may be submitted immediately for review.

(c) To the extent seagrass, corals, sponges or clumped oysters are within the dredging footprint, they shall be relocated to the maximum extent practicable. Seagrass, oysters, corals, and sponges must be relocated only into areas previously approved in writing by the Department. Relocation shall be done in a manner that avoids adverse impacts to water quality and adjacent submerged resources. If seagrasses are relocated, the donor site within the dredge area and the recipient location of the seagrass transplant shall be described in the application and in the pre-application meeting required under paragraph (3)(b) of this general permit. Any relocation performed pursuant to this paragraph shall be described in a detailed report to the South District office of the Department within 60 days of project completion. The report shall describe the methods used, the donor site within the dredge area, and the recipient location of the transplant. The WCIND shall provide copies to the South District office of the Department of any follow up monitoring or studies performed on the success of the transplants.

(d) All dredged material resulting from the activities authorized by this general permit shall be removed and deposited on a self-contained, upland dredged material disposal site. The only exceptions to the use of a self-contained, upland dredged material disposal site shall be: seagrass, oyster, coral, or sponge relocations as required by this general permit; or where dredged materials are to be used as part of a water quality or habitat restoration plan authorized by the Department or a water management district under Part IV of Chapter 373, F.S., in which case any discharge of dredged material shall be in compliance with all terms of that authorization. In all cases, the dredging operation, the discharge of dredged material, and the dredged material disposal site shall be designed, located, and operated such that there are no water quality violations in wetlands or other surface waters outside of a mixing zone established under paragraph (3)(e) of this general permit.

(e) In areas outside of aquatic preserves, violations of state water quality standards shall be prevented immediately outside of a mixing zone of no more than 150 meters in radius from the dredge site and from any discharge point associated with a dredge material disposal area. To the greatest extent practicable, the mixing zone shall be restricted to the limits of the dredging alignment. Within aquatic preserves, violations of state water quality standards immediately outside the area of active work shall be prevented. This shall minimally consist of the use of erosion and sediment control devices, turbidity curtains or similar devices, and other best management practices, all of which shall be located immediately surrounding the area of active work and maintained in a functional condition. In addition, dredge pumping rates and volumes shall be managed to minimize discharges from dredged material disposal sites; and the management of dredged material disposal site dikes, berms, and water control structures so as to minimize erosion, breaches, and discharges. In all cases, mixing zones shall be designed to avoid living communities of stony corals [true stony corals (order Scleractinia) hydrocorals (order Milleporina)], and octocorals (subclass Octocorallia), sponge bed communities (Porifera), oyster bars (Crassostrea spp.), macroalgae of the family Caulerpaceae, and seagrass (Potamogetaceae, Hydrocharitaceae and Cymodoceae).

(f) At all times during active dredging, the collection, analysis, and monitoring of the water quality samples required under this general permit must be conducted and performed by individuals who have prior training and experience in collecting and analyzing water quality samples using the Standard Operating Procedures accessible at the Department’s Internet site and in accordance with Chapter 62-160, F.A.C. Such qualified individual(s) shall be on site at all times necessary to ensure full compliance with the requirements of this noticed general permit. In the event the water quality monitoring required under this general permit detects violations of state water quality standards, dredging shall cease immediately until the source of the violation is identified, measures taken to avoid future violations, and the receiving waters again meet applicable water quality standards. Weekly reports describing the hours of dredging accomplished and the results of the required monitoring will be provided to the South District office of the Department. Any violations of state water quality standards and/or other requirements of this noticed general permit shall be immediately reported to the South District office of the Department.

(g) The permittee shall be responsible for ensuring that all contractors and other entities implementing this general permit comply with the following standard manatee and marine turtle conditions:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel shall be responsible for observing water-related activities for the presence of manatees.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee being harmed, harassed, or killed as a result of construction activities, the Department will refer the matter to the Florida Fish and Wildlife Conservation Commission (FWC) for appropriate action.

3. Siltation barriers shall be made of material in which manatees and turtles cannot become entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers associated with any activities authorized by this general permit shall not block manatee entry to or exit from manatee feeding areas and the following manatee warm water refuge areas:

a. Entrance of the Chiquita Canal (which provides access to the Eight Lakes area) within the Cape Coral Southwest Trafficshed.

b. The defined manatee protection speed zone within the Franklin Locks East Trafficshed and all waters of the Caloosahatchee River within 1/4 mile east of the easternmost end of the Franklin Lock & Dam.

c. Matlacha channel (which provides access to the Matlacha Isles canal system) including the Matlacha Isles canal system in the vicinity of the Boat Lift within the Matlacha Isles/Cape Coral (northwest) Trafficshed.

d. Mouth and remainder of the Orange River within the Orange River Trafficshed.

e. All waters within the Mullock Creek Trafficshed.

4. All vessels associated with the project shall operate at “no wake idle” speeds at all times while in water where the draft of the vessel provides less than four-foot clearance from the bottom, and such vessels shall follow routes of deep water whenever possible.

5. If a manatee is sighted within 100 yards of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautions shall include not operating any equipment closer than 50 feet to a manatee, and immediately shutting down equipment if a manatee comes within 50 feet of the equipment. Activities will not resume until the manatees have departed the project area of their own volition.

6. Any collision with or injury to a manatee or marine turtle shall be reported immediately to the FWC at 1(888)404-FWCC (1(888)404-3922).

7. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least three feet by four feet which reads “Caution: Manatee Area” shall be posted in a location prominently visible to water-related construction crews. A second sign shall be posted if vessels are associated with the construction, and shall be placed visible to the vessel operator. The second sign shall be at least 8 inches by 11 inches and read: Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. A collision with or injury to a manatee shall be reported immediately to the FWC at 1(888)404-FWCC (1(888)404-3922). Specific information on obtaining these signs may be obtained by contacting the FWC.

8. Specific personnel shall be designated as manatee observers. The designated observer(s) shall be dedicated only for this task, must be on site during all in-water dredging activities, and will advise personnel to cease operation upon sighting a manatee within 50 feet of any in-water construction activity. The observer(s) shall wear polarized sunglasses during all dredging to aid in observation, and shall work in shifts of no longer than 5 hours each. Observers shall maintain a log detailing manatee sightings, work stoppages, and other protected species-related incidents. If approved by the Department after consultation with the FWC, the WCIND shall be allowed to implement alternative measures for observing for the presence of manatees when such measures provide reasonable assurance that manatees will not be adversely affected by the alternative methodology.

9. A report, summarizing all activities noted in the observer logs, the location and name of project, and the dates and times of work shall be submitted within 30 days following project completion, to the FWC’s Imperiled Species Management Section at: 620 South Meridian Street, 6A, Tallahassee, Florida 32399-1600, or e-mailed at fcmpmail@myfwc.com.

10. No nighttime mechanical dredging, such as clamshell, shall occur. Movement of a work barge or other associated vessels shall not be performed after sunset, when the possibility of spotting manatees is negligible.

11. All channels designated as Cape Coral Southwest, Franklin Locks East, Matlacha Isles/Cape Coral (northwest), Mullock Creek, and Orange River shall be prohibited from being dredged between November 15th and March 31st of any year due to the high numbers of manatees present at these warm water refuges in the wintertime. When these areas are being dredged between April 1st and November 14th, the manatee protection measures outlined above for all other channel dredging shall be followed.

(h) An as-built survey shall be initiated within two weeks and shall be completed within 60 days after completion of dredging to document depths and widths established by the dredging. The Department shall grant additional time as reasonable to complete the survey upon submittal of written documentation of the existence of inclement weather or situations beyond the control of the permittee that prevented the timely completion of the survey, the submittal of a new timeline for completing the survey.

(i) Within 90 days of completion of each authorized dredge event under this general permit, the affected trafficshed or secondary channel system shall be marked along its entire length with aids to navigation. Markers shall be placed in a manner to facilitate safe navigation and protection of submerged natural resources. In channels dredged to less than 4 foot MLLW depth, signage that identifies areas of shallow water shall be installed, using language such as “Controlling Depth 3 feet, Local Knowledge Required,” “Use Caution,” or “Stay in Channel.” Nothing in this rule shall be construed to relieve the WCIND from obtaining permits for markers and signs required by the FWC.

(j) WCIND shall provide an as-built report and survey detailing all work performed under this authorization and its compliance with the conditions and criteria of this general permit.

(k) All reports and information required by this authorization shall be submitted to the South District DEP office.

(l) WCIND will facilitate an update of the Lee County Boaters Guide to reflect the NICMZs established by this general permit. The update will also include computer internet links to additional boater information that will enhance water quality and protection of resources within the aquatic preserves that are the subject of this general permit. WCIND will facilitate the distribution of the updated Boaters Guide to local marinas, commercial boat rental operations, and local residents.

(m) Works under this general permit shall not commence until the Department has provided written confirmation within 30 days that the notice required under paragraph (3)(a) meets all the applicable terms and conditions of this general permit.

(4) WCIND is advised that, pursuant to Section 556.105, F.S., excavating contractors are required to provide certain information concerning the excavation through the one-call notification system not less than two, nor more than five, business days before beginning any excavation.

(5) A Letter of Consent
A nonpossessory interest in State-owned Lands created by an approval which allows the applicant the right to erect specific structures or conduct specific activities on said lands. is granted in accordance with subparagraphs 18-21.005(1)(c)10., 15. and 16., F.A.C., by the Board of Trustees of the Internal Improvement Trust Fund (BOT), for the West Coast Inland Navigation District to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities. A Letter of Consent also is granted in accordance with subparagraphs 18-21.005(1)(c)15. and 16., F.A.C., from the BOT to Lee County and the West Coast Inland Navigation District to establish, mark, and enforce the NICMZs depicted in Exhibit A.

(6) In accordance with Section 253.77, F.S., dredged material removed from sovereign submerged lands under this general permit is exempt from the payment of severed dredged material fees. However, dredged material with economic value, such as beach quality sand, shall be used for public purposes to the maximum extent practicable.

Table 1. Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and Trafficshed Report Identification Numbers

Trafficshed or Secondary Channel System Name | NGP Noticed General Permit Dredge Depth (ft) | All Channels Length (ft) | Public Channel Length (ft) | Anticipated NGP Dredge Length (ft) | Public Channel Length in AP (ft) | Anticipated Dredge Length in AP (ft) | Anticipated Dredge Length Outside AP (ft) | Anticipated Dredge Length in AP Sea Grass (ft) | Anticipated Dredge Length in Any Sea Grass (ft)
Back Channel-South Estero Bay | 3 | 18,252 | 18,252 | 178 | 18,252 | 178 | 0 | 0 |
Big Carlos Pass & Vicinity | 4.5 | 9,354 | 9,354 | 0 | 8,082 | 0 | 0 | 0 |
Bokeelia (east) | 4.5 | 33,027 | 8,499 | 535 | 6,227 | 450 | 86 | 0 | 0
Bokeelia (west) | 3.5 | 48,391 | 13,807 | 1,982 | 13,807 | 1,982 | 0 | 68 | 68
Caloosa Isle Marina | 5.0 | 28,326 | 8,343 | 2,539 | 0 | 0 | 2,539 | 0 |
Cape Coral Southwest | 6.0 | 359,431 | 10,603 | 1,521 | 0 | 0 | 1,521 | 0 |
Central Estero Bay | 2.5 | 18,437 | 18,437 | 385 | 18,437 | 385 | 0 | 0 |
Chantry Canal | 4.5 | 76,137 | 11,315 | 458 | 0 | 0 | 458 | 0 |
Compass Rose | 4.5 | 1,172 | 1,172 | 0 | 97 | 0 | 0 | 0 |
Deep Lagoon | 6.0 | 37,861 | 9,242 | 491 | 0 | 0 | 491 | 0 |
Demere Key | 3.5 | 21,647 | 19,721 | 1,052 | 18,927 | 896 | 156 | 735 | 735
East Fort Myers | 7.0 | 26,534 | 2,588 | 1,622 | 0 | 0 | 1,622 | 0 |
Estero Island-Bayside Channels | 4.5 | 11,955 | 11,955 | 853 | 0 | 0 | 853 | 0 |
Everest Canal | 5.0 | 124,094 | 4,928 | 2,494 | 0 | 0 | 2,494 | 0 |
Fish Tale Marina | 4.0 | 7,391 | 1,849 | 0 | 305 | 0 | 0 | 0 |
Fish Trap Bay 2 | 2.5 | 8,893 | 3,213 | 520 | 3,213 | 520 | 0 | 0 |
Fort Myers Yacht Basin | 7.0 | 7,941 | 7,941 | 4,987 | 0 | 0 | 4,987 | 0 |
Franklin Locks East | 5.0 | 38,843 | 2,478 | 1,405 | 0 | 0 | 1,405 | 0 |
Getaway | 5.0 | 2,604 | 2,604 | 1,066 | 0 | 0 | 1,066 | 0 | 191
Hancock Creek | 5.0 | 57,956 | 26,613 | 2,778 | 0 | 0 | 2,778 | 0 |
Hogue | 4.0 | 3,115 | 3,115 | 345 | 3,115 | 345 | 0 | 0 |
Hurricane Bay East | 4.5 | 8,602 | 8,602 | 917 | 8,474 | 917 | 0 | 0 |
Hurricane Bay West | 5.0 | 8,750 | 8,750 | 1,369 | 0 | 0 | 1,369 | 0 |
Imperial River-Lower | 3.5 | 31,336 | 15,203 | 661 | 9,225 | 661 | 0 | 0 |
Imperial River-Upper | 2.5 | 37,630 | 9,913 | 713 | 0 | 0 | 713 | 0 |
Imperial Shores | 2.5 | 15,526 | 4,106 | 1,685 | 4,106 | 1,685 | 0 | 0 |
Marsh Point | 3.0 | 17,783 | 5,729 | 1,201 | 0 | 0 | 1,201 | 0 |
Matanzas Harbor | 5.5 | 5,103 | 5,103 | 66 | 0 | 0 | 66 | 0 |
Matlacha (northwest) | 4.5 | 26,245 | 1,457 | 654 | 1,457 | 654 | 0 | 0 |
Matlacha (southwest 2) | 3.5 | 10,670 | 2,719 | 180 | 2,719 | 180 | 0 | 0 |
Matlacha Isles/Cape Coral (northwest) | 4.0 | 265,603 | 14,057 | 1,729 | 8,399 | 1,550 | 257 | 0 |
Mullock Creek | 2.5 | 42,168 | 11,374 | 2,099 | 10,161 | 2,099 | 0 | 0 |
Normandy Canal | 5.0 | 33,982 | 11,878 | 4,068 | 0 | 0 | 4,068 | 0 |
North Matlacha | 4.5 | 62,864 | 62,864 | 84 | 62,864 | 84 | 0 | 0 |
Orange River | 6.5 | 46,750 | 3,595 | 100 | 0 | 0 | 100 | 0 |
Pelican Landing | 2.5 | 3,992 | 3,992 | 1,169 | 3,992 | 1,169 | 0 | 0 |
Plato Canal | 5.5 | 109,235 | 18,520 | 5,487 | 0 | 0 | 5,487 | 0 |
Punta Rassa/Connie Mack Island | 5.0 | 28,784 | 14,869 | 4,084 | 0 | 0 | 4,084 | 0 | 103
Redfish Point | 6.0 | 33,806 | 13,023 | 4,436 | 0 | 0 | 4,436 | 0 |
Rookery Trace | 3.5 | 8,496 | 8,496 | 1,028 | 1,621 | 819 | 231 | 0 |
Roosevelt Channel-Bayside | 3.0 | 2,249 | 1,509 | 0 | 1,292 | 0 | 0 | 0 |
Roosevelt Channel-North | 5.0 | 27,369 | 17,918 | 694 | 17,918 | 694 | 0 | 0 |
Saint James City (east) | 5.0 | 23,006 | 16,137 | 3,266 | 0 | 0 | 3,266 | 0 |
Saint James City (south 1) | 5.0 | 52,518 | 18,385 | 6,531 | 5,459 | 502 | 6,030 | 252 | 252
Siesta Isles | 5.0 | 17,962 | 1,088 | 713 | 0 | 0 | 713 | 0 |
South Estero Bay | 4.0 | 27,694 | 27,694 | 327 | 27,694 | 327 | 0 | 0 |
South Matlacha | 3.5 | 71,465 | 71,465 | 889 | 28,408 | 381 | 508 | 381 | 381
Sunset Bay | 2.5 | 2,681 | 2,440 | 376 | 2,440 | 376 | 0 | 0 |

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(3), 403.814(1) FS. History–New 2-18-10.

# 62-341.495 General Permit to the U.S. Forest Service for Minor Works within National Forests.

(1) A general permit is hereby granted to the U.S. Forest Service to conduct the works described below:

(a) Bathing beach restoration at developed recreation sites where maintenance dredging is less than 100 cubic yards per year and less than 100 cubic yards per single occurrence; and

(b) Dock construction, replacement and maintenance for docks of up to 1000 square feet of surface area over wetlands and other surface waters in Outstanding Florida Waters and Outstanding National Resource Waters, subject to restrictions listed in Sections 403.813(2)(b) and (d), F.S.

(2) The U.S. Forest Service or its contractors shall utilize turbidity control measures while dredging or filling within wetlands and other surface water to prevent violations of state water quality standards.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems.

(1) Subject to the requirements of this section, a general permit is hereby granted to:

(a) Any person constructing, operating, maintaining (including repairing or replacing), altering, abandoning, or removing surface water management systems which:

1. Are not exempt under Chapter 62-330, F.A.C.;

2. Meet the permit thresholds set forth in Chapter 62-330, F.A.C.;

3. Meet the terms and conditions specified in subsections (4), (5) and (6) of this section; and

4. Are designed to place the property into silvicultural use or to perpetuate the maintenance of this property in silvicultural use.

(b) The U.S. Forest Service to construct, operate, maintain, alter, abandon, or remove surface water management systems which:

1. Are not exempt under Chapter 62-330, F.A.C.;

2. Meet the permit thresholds set forth in Chapter 62-330, F.A.C.;

3. Meet the terms and conditions specified in subsections (4), (5) and (6) of this section.

(2) No construction, operation, maintenance (including repair or replacement), alteration, abandonment, or removal of the minor silvicultural surface water management system described in subsection (1) of this section, shall commence until a completed Notice of Intent to Construct a Minor Silvicultural System, Form 62-341.900(1), is received by the Department. Applicants may also submit annual schedules of proposed silvicultural surface water management systems that meet the requirements of this chapter, including completed permit applications for each activity. The construction, operation, maintenance, alteration, abandonment or removal shall only be authorized when the application is received by the Department and provided the proposed activity qualifies for the general permit pursuant to this section and the conditions of issuance are followed.

(3) The Notice of Intent to Construct a Minor Silvicultural System shall include the information required in Department Form 62-341.900(1).

(4) This general permit shall be for any of the following minor silvicultural surface water management systems:

(a) A permanent culverted fill road with a road surface of 28 feet or less in width placed in or crossing a stream or other watercourse of less than ten (10) cubic feet per second average discharge at the location of the work or with a drainage area upstream of the work of less than ten (10) square miles. The design of the work must allow for conveyance of normal flows and for overtopping during large storm events, and any fill placed in wetlands associated with the stream or other watercourse must be less than one-half (1/2) acre in area. Under this paragraph, the fill material shall be no more than twenty-four (24) inches above culvert structures. The fill material on the road approaches shall be no more than twenty-four (24) inches above grade except within an area of one hundred (100) feet of either side of a culvert. The road must be designed with culvert inlets positioned at or below natural grade of the bed of the stream or other watercourse to prevent the permanent impoundment of water, and to provide an overflow area or areas which will prevent erosion and adverse effects to water levels upstream and downstream of the road.

(b) A temporary culverted fill road or a temporary bridge up to 50 feet long, with a road surface of 28 feet or less in width placed in or crossing a stream or other watercourse of less than ten (10) cubic feet per second average discharge at the location of the work or a drainage area upstream of the work of less than ten (10) square miles. The design of the work must allow for conveyance of existing flow during the period of installation and use and any fill placed in wetlands associated with the stream or other watercourse must be less than one-half (1/2) acre in area. The work must be designed only to facilitate the temporary movement of equipment and must be removed immediately after the operation for which the crossing was needed is complete or within thirty (30) months of the filing of the Application in subsection (3), whichever is sooner.

(c) A permanent bridge up to 100 feet in length and 28 feet or less in width supported on pilings or trestles, placed in or crossing a stream or other watercourse of less than ten (10) cubic feet per second average discharge at the location of the work or with a drainage area upstream of the work of less than ten (10) square miles. The design of the work and associated approach roads, if any, must allow for conveyance of normal flows and for overtopping during large storm events and any fill placed in wetlands associated with the stream or other watercourse must be less than one-half (1/2) acre in area. The height limitation for fill on the bridge approach roads shall be a maximum of twenty-four (24) inches above natural grade.

(d) A permanent culverted fill road or bridge with a road surface of twenty-eight (28) feet or less in width, placed in or crossing a wetland or other impoundment, excluding reservoirs created by dams, where less than one half (1/2) acre of fill is placed in the wetland or other impoundment. Such crossings must be located in a manner which minimizes the area of wetlands being filled. Fill material for crossings of isolated wetlands or other isolated impoundments may be excavated from the wetland being crossed, provided that all excavation takes place immediately adjacent to the road surface and that the excavated area consists only of narrow trenches which are not connected to ditches constructed or maintained for drainage purposes. In addition, such excavations shall not result in drainage from the wetland.

(e) Temporary stream channel diversions necessary to complete the works described in paragraph (4)(a), (b), or (c) above, provided that the area used for the temporary diversion is restored to its previous contours and elevations.

(f) Clearing and snagging in a stream or other watercourse within fifty (50) feet of the center line of a culverted fill road or a bridge described in paragraph (4)(a), (b), or (c) above, necessary to construct said work.

(g) A permanent low water, hard surfaced crossing in a stream, other watercourse, wetland or other impoundment consisting of the placement of rock or similar material no more than twelve (12) inches higher than the bed of the stream, other watercourse or impoundment. Such crossings must be designed only to facilitate the movement of equipment by creating a stable foundation in shallow streams, other watercourse, wetlands or other impoundments. Temporary low water, hard surfaced crossings may be constructed using logs, but must be removed immediately following the completion of the silvicultural operation or within thirty (30) months of the filing of the Notice of Intent in subsection (3), whichever is sooner.

(h) Upland field ditches of a temporary nature to facilitate only harvesting, site preparation, and planting, with a maximum cross-sectional area of eighteen (18) square feet spaced no closer than six hundred and sixty (660) feet from any other parallel ditch. After seedling establishment, the ditches shall be allowed to revegetate naturally. The permittee will not be required to fill field ditches after seedling establishment.

(i) Above grade, unpaved, upland silvicultural roads with an average road surface width of twenty-eight (28) feet within a construction corridor up to fifty (50) feet in width. These roads must also incorporate sufficient culverts at grade to prevent alteration of natural sheet flow and may have associated borrow ditches. Road ditches shall be constructed only to obtain road material for the associated road and to provide only enough storage to maintain a dry road surface. Such road ditches must not provide drainage to the tract adjoining the road, other than to provide drainage of the road surface and minor, incidental drainage of abutting lands. These road ditches may be connected to other roadside ditches that were constructed pursuant to this section but must not connect directly or indirectly to any works onsite or off-site which are designed or constructed to provide drainage or conveyance or which would result in drainage or conveyance. Road ditches must be separated from wetlands and other surface waters by a buffer strip of indigenous ground cover and a water turnout prior to said buffer strip. However, road ditches may discharge directly to a wetland when the slope of the uplands within 1,000 feet of the edge of the wetland is equal to or less than two (2) percent, provided the ditch does not result in drainage of the wetland and provided that the ditch does not create a hydrologic connection between two or more wetlands. The width of the buffer strip shall be no less than 35 feet, or 50 feet when located adjacent to an Outstanding Florida Water, an Outstanding National Resource Water, or Class I waters.

(j) Upland borrow areas needed to obtain fill material for crossings authorized by this noticed general permit of streams, other watercourses, wetlands and other impoundments. These upland borrow areas must not provide drainage and must not be hydrologically connected to roadside ditches or field ditches.

(5) In order to qualify for this general permit, the systems identified in subsection (4) of this section must meet the following performance standards:

(a) Except for those areas to be filled for crossings as provided in this section, the proposed activities must not convert wetlands or other surface waters to uplands.

(b) A road or bridge must be designed to convey normal water flow while being adequately stabilized to allow for overtopping during storm events without washing out.

(c) A permanent road or bridge placed in or crossing a stream, other watercourse, wetland or other impoundment may be placed no closer than one half (1/2) mile from any traversing work which traverses the same stream, other watercourse, wetland or impoundment. A low water crossing or temporary road or bridge placed in or crossing a stream, other watercourse, wetland or other impoundment may be placed no closer than one quarter (1/4) mile from any traversing work which traverses the same stream, other watercourse, wetland, or other impoundment. The spacing limitation shall be measured along the stream, other water course, wetland or other impoundment. Notwithstanding the spacing limitation in this paragraph, at least one low water crossing, road or bridge crossing of any stream, other watercourse, wetland or other impoundment may be constructed to each upland area being managed for silviculture that would not otherwise be accessible if these spacing limitations were met.

(d) A low water crossing, road, or bridge placed in or crossing a stream, other watercourse or impoundment must not cause increased velocities downstream of the work that would cause scour outside of the area of clearing and snagging described in paragraph (4)(e) above.

(e) A low water crossing, road, or bridge placed in or crossing a stream, other watercourse or impoundment must not cause increased flooding on property not owned by the permittee.

(f) Erosion control measures must be undertaken to limit the transfer of suspended solids into the receiving waterbody during and after construction of the proposed work. After removing any temporary crossing, disturbed portions of the stream bank and stream channel shall be restored to approximate their original shape and flow capacity. Erodible ground area associated with the crossing shall be stabilized with riprap, mulch or seeded for appropriate ground cover vegetation within 72 hours after removal.

(g) Upland field ditches may connect only to works which are permitted by the Department or a Water Management District, or are exempt from permitting by the Department or a Water Management District, and only if the connection will not cause the work to exceed its conveyance capacity or to increase flooding on property not owned by the permittee; however, this section does not authorize connection to works without the consent of the owner of the work. Field ditches will be presumed to meet the erosion control requirements of paragraph (5)(f), above when they are separated from streams, other watercourses, wetlands or other impoundments by a buffer strip of undisturbed vegetation and provided the integrity of this buffer is maintained. The width of the buffer strip shall be the width of the total Special Management Zone (primary zone and secondary zone) as described in the “Silviculture Best Management Practices Manual” referenced in paragraph (h). However, field ditches may discharge directly to a wetland when the slope of the uplands within 1,000 feet of the edge of the wetland is equal to or less than two (2) percent, provided the ditch does not result in drainage of the wetland and provided that the ditch does not create a hydrologic connection between two or more wetlands.

(h) In addition to the performance standards set forth in paragraphs (a) through (g) above, the applicant, in undertaking the activities authorized herein, must utilize the best management practices set forth in the “Silviculture Best Management Practices Manual” (2003) published by the Division of Forestry, Florida Department of Agriculture and Consumer Services, which is incorporated herein by reference.

(i) If climatic or flow conditions prevent the removal of a temporary crossing within the time frame specified in this section, the applicant may submit another application to extend the time period for removal and restoration of the temporary crossing. The applicant must provide a written explanation and evidence supporting the need to reauthorize the crossing and must specify the additional time needed to remove the crossing, which may not exceed one year.

(6) The duration of the general permit authorized in this section is:

(a) For construction, alteration, abandonment, or removal of the silvicultural surface water management system: one (1) year to complete the permitted activity;

(b) For operation or maintenance of the silvicultural surface water management system: permanent.

Specific Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05.

# 62-341.600 General Permit for the Construction of Artificial Reefs.

(1) A general permit is hereby provided for the construction of an artificial reef by any person, provided:

(a) The material to be used shall be clean concrete or rock, clean steel boat hulls, other clean, heavy gauge steel products with a thickness of 1/4 inch or greater, and prefabricated structures that are a mixture of clean concrete and heavy gauge steel;

(b) The material shall be free of soils, oils and greases, debris, litter, putrescible substances or other pollutants;

(c) The material shall be firmly anchored to the bottom and shall not be indiscriminately dumped; and

(d) The material shall be placed so that the top of the reef does not exceed 1/2 the distance from the bottom to the surface of the water unless a greater distance from the surface is required for safe navigation. At no time shall the distance between the top of the reef and the surface of the water be less than 6 feet.

(2) This general permit shall be subject to the following specific conditions:

(a) The permittee shall conduct a survey of the bottom of the waterbody on which the reef is to be built and shall submit the survey to the Department with the notice required in Subsection 62-343.090(1), F.A.C., demonstrating that the bottom does not have submerged grassbed communities, shellfish or other hardbottom communities, or corals;

(b) There shall be no reefs constructed in bays, lagoons, or estuaries that are less than 12 feet deep;

(c) There shall be no "white goods" (inoperative and discarded refrigerators, freezers, ranges, water heaters, washers, and other similar domestic and commercial appliances), asphalt material, tires, other polluting materials used in construction of the reef;

(d) The site shall be marked with perimeter buoys during construction to ensure that no material is deposited outside of the site;

(e) The size of the boundaries within which the artificial reef is to be deposited shall not exceed 1/4 mile on any side;

(f) The artificial reef site shall not be established within any shipping lanes; and

(g) The permittee shall notify the National Ocean Service, National Oceanographic and Atmospheric Association, U.S. Department of Commerce, Rockville, Maryland, and the Department of Environmental Protection, Division of Marine Resources, Office of Fisheries Management and Assistance Services of the precise location of the reef within 30 days of placement of the reef material.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.601 General Permit for Clam and Oyster Culture on Sovereignty Submerged Lands Aquaculture Leases. (Repealed)

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Repealed 10-1-07.

# 62-341.602 General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities.

A general permit is hereby provided to any person installing or maintaining intake and discharge pipes associated with marine bivalve facilities, provided the marine bivalve facility has a valid industrial wastewater general permit, pursuant to Section 62-660.821, F.A.C.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.416(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.603 General Permit for Non-nursery Cultivation and Wild Collection of Aquatic Plants.

A general permit is hereby provided to any person engaged in non-nursery cultivation of aquatic plants or collection of aquatic plants from a wild collection site, as those terms are defined in Rule 62C-52, F.A.C., provided the activity has a valid aquatic plant permit, pursuant to Rule 62C-52, F.A.C.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 10-3-95.

# 62-341.610 General Permit to Perform Prospecting Activities for Phosphate Minerals.

(1) A general permit is hereby provided for any person engaged in or proposing to engage in the mining of phosphatic ore within the boundaries of the Department's Northeast and Southwest Districts as described in Rule 62-101.020, F.A.C., to perform prospecting activities for phosphate minerals within certain portions of wetlands and other surface waters except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting, provided:

(a) Prospecting activities shall be defined as activities that are considered normal and reasonably necessary in order to retrieve core samples of subsurface geologic sediments for the specific purpose of locating, mapping and determining the quantities and quality of any phosphorus bearing strata or deposits;

(b) Vehicles utilized in prospecting activities shall be of a type generating minimum ground pressure in order to minimize rutting and other environmental impacts, or the disturbed area along each prospecting line shall be restored to original contours upon completion of the prospecting activities along that specific alignment. In areas within forested wetlands, the permittee shall choose alignments which will reduce the destruction of mature wetland trees to the greatest extent practicable;

(c) Disturbance within herbaceous wetlands shall be no wider than 25 feet along any portion of the prospect line and disturbance within the forested wetlands shall be no wider than 15 feet along any portion of the prospect line, except at the immediate site of the drill hole where disturbance shall not exceed 25 feet in width and no activities regulated by the Department associated with prospecting shall occur outside the 15 foot and 25 foot limits, respectively;

(d) An individual prospecting line shall not extend into wetlands or other surface waters more than one-third (1/3) of the width of the landward extent of the wetland or other surface waters involved, unless prospecting is conducted by hand carried drilling devices in which case full penetration of the wetland or other surface waters shall be allowed, except as restricted by Subsection (1)(f). When hand carried drilling devices are used all drilling tailings shall be returned to the drill hole and no spoil shall be left on the surface;

(e) No prospecting activities shall occur in open waters (areas of water bodies not supporting emergent vegetation), such as lakes, ponds, streams, and rivers;

(f) A minimum interval of 660 feet shall exist between individual parallel prospecting lines and minimal distance of 330 feet shall be maintained between the alignment of the prospecting line or lines and opposing sides of wetlands and other surface waters. When hand carried drilling devices are to be used for total penetration of the wetland or other surface waters, the minimal interval of 330 feet between prospecting lines shall apply;

(g) No debris or spoil shall be mechanically placed outside of the 15 foot or 25 foot width allowed, respectively, above; and

(h) The disturbed area along each prospecting line within herbaceous wetlands shall be replanted with native wetland species that are indigenous to adjoining wetlands unless evidence exists that natural revegetation has covered 33 percent of the disturbed ground area within one growing season. If herbaceous plants are planted, they shall be planted at a density to achieve 33 percent cover by herbaceous wetland species within one growing season. The disturbed area along each prospecting line within forested wetlands shall be replanted with indigenous native wetland tree species at a rate to achieve survival and growth of 400 trees per acre, and the permittee shall institute maintenance activities to ensure the survival of the planted indigenous native wetland trees. The disturbed area along each prospecting line within forested wetlands also shall be replanted with indigenous native wetland herbaceous species in the same manner as for the herbaceous wetlands described above. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine). The restored site shall also be managed in a manner which precludes Typha spp. (cattails) from manifesting vegetative dominance.

(2) This general permit is subject to the following specific condition:

(a) A person wishing to utilize this general permit shall submit to the office of the Department to which the prior notice was originally given, an annual schedule of proposed prospecting activities within the prospect areas including location maps, aerial photographs showing the proposed prospecting lines, and approximate commencement and completion dates for the activities planned for each prospect area. The annual schedule, or modifications to the annual schedule, must be submitted at least thirty days prior to the commencement of the proposed activity. Where practicable, the annual schedule should be filed with the office of the Department to which the original notice was given no later than June 1 for the fiscal year July 1 through June 30.

Specific Authority 373.026(7), 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.611 General Permit for Temporary Dragline Crossings of Waterways.

(1) A general permit is hereby provided for any person engaged in or proposing to engage in the mining of a phosphatic ore within the boundaries of the Department's Northeast and Southwest Districts as described in Rule 62-101.20, F.A.C., for the construction of temporary dragline crossings within certain wetlands and other surface waters, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting, provided:

(a) The crossing is of a ditch or artificially channelized portion of any wetland or other surface water or at a documented location of a previously existing dragline crossing within the preceding five years, of any wetland or other surface water, and is not a navigable surface waterbody. The term navigable, for the purpose of this permit, means the surface waterbody is capable of use by small craft;

(b) Only clean sand fill or temporary mats shall be utilized in the construction of the crossing;

(c) When demucking or removal of topsoil is necessary for the construction of the crossing, the muck and topsoil shall be retained at a nearby upland location and returned to the crossing site for the restoration activities;

(d) Culverts are installed to maintain the natural and seasonal volume and flow of water;

(e) The top width of the fill shall not exceed 150 feet and the toe to toe width of the fill shall not exceed 200 feet and the side slopes shall be no steeper than 3 horizontal to 1 vertical, and the lateral limits of disturbance of the wetlands shall be no more than 20 feet on each side of the fill;

(f) The crossing shall not remain in place for more than one year, unless the crossing is for a one-way access in which case it shall not remain in place for more than six months; and

(g) The area must be restored to original topographic contours within 60 days of the abandonment of the dragline crossing, which shall be after the dragline has crossed the wetland or other surface water.

(2) This general permit shall be subject to the following specific conditions:

(a) Upon restoration of original topographic contours at a temporary dragline crossing site, the permittee shall at the end of the first growing season provide the opportunity for inspection of the site by staff of the Department office that received notice of the general permit. If satisfactory revegetation of the site has not occurred, the permittee shall initiate, conduct and maintain revegetation and maintenance of the wetland until satisfactory revegetation has been achieved. Revegetation of the site shall be with native wetland species in similar composition to those species which were present at the site or in the contiguous wetland prior to the temporary dragline crossing. For the purpose of this general permit, "satisfactory revegetation" means that the herbaceous wetlands that are disturbed under this general permit shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within one growing season following disturbance of the site, and the forested wetlands that are disturbed under this general permit shall be achieving a survival and growth of not less than 400 wetland trees per acre within one growing season following disturbance of the site, and a maintenance plan has been developed and is being implemented to ensure the survival of the planted or naturally reestablishing wetland species. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine). The restored site shall also be managed in a manner which precludes Typha spp. (cattails) from manifesting vegetative dominance; and

(b) A person wishing to utilize this general permit shall submit to the Department office to which the original notice was given, an annual schedule of proposed temporary dragline crossing areas including location maps, aerial photographs with proposed temporary dragline crossings, typical drawings, and approximate commencement and completion dates for the activities planned. Additionally, the plans shall include proposed restoration procedures for each temporary dragline crossing. The annual schedule, or modifications to the annual schedule, must be submitted, together with the required documentation, at least thirty days prior to the commencement of the proposed activity. Where practicable, the annual schedule and documentation should be filed with the Department no later than June 1 for the fiscal year July 1 through June 30.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.4106(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.612 General Permit for Low Water Crossings.

(1) A general permit is hereby provided for any person engaged in or proposing to engage in the mining of a mineralized non-metallic ore to move equipment and vehicles, excluding dredges, through and across wetlands or other surface waters during periods of low water, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting, provided:

(a) The only dredging or filling performed shall be that caused by the movement of the vehicle or equipment through the water;

(b) The maximum water depth along the crossing shall not exceed two feet during the time the crossing is utilized;

(c) Vegetative debris shall not be deposited within wetlands and other surface waters;

(d) The lateral width of disturbance shall in no case exceed that necessary to move the vehicles and equipment through and across wetlands or other surface waters and shall in no case be greater than 50 feet; and

(e) The distance between crossings of an individual wetland or other surface waters shall be at least 5000 feet, except at sites where a documented four-wheel vehicular access exists, in which case crossings may be at a spacing of 2500 feet.

(2) This general permit shall be subject to the specific conditions as follows:

(a) The person wishing to utilize this general permit shall locate crossings at sites that will cause the least environmental impact. The permittee shall coordinate with the appropriate Department office;

(b) Upon restoration of an individual low water crossing site, the permittee shall at the end of the first growing season provide the opportunity for inspection of the site by the appropriate Department office staff. If satisfactory revegetation for the site has not occurred, the permittee shall initiate, conduct and maintain revegetation of the wetland. For the purpose of this general permit, "satisfactory revegetation" means that the herbaceous wetlands that are disturbed under this general permit shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within one growing season following disturbance of the site, and the forested wetlands that are disturbed under this general permit shall be achieving a survival and growth of not less than 400 wetland trees per acre within one growing season following disturbance of the site, and a maintenance plan has been developed and is being implemented to ensure the survival of the planted or naturally reestablishing wetland species. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine). The restored site shall also be managed in a manner which precludes Typha spp. (cattails) from manifesting vegetative dominance. Revegetation of the site shall be with native wetland species in similar composition to those species which were present at the site or in the contiguous wetland prior to the low water crossing; and

(c) A person wishing to utilize this general permit shall submit to the appropriate Department office, an annual schedule of proposed low water crossing sites including location maps, aerial photographs with proposed low water crossing sites, typical drawings, and approximate commencement and completion dates for the activities planned. Additionally, the plans shall include proposed restoration procedures for each low water crossing. The annual schedule, or modifications to the annual schedule, must be submitted, together with the required documentation, at least 30 days prior to the commencement of the proposed activity. The annual schedule and documentation shall be filed with the Department no later than June 1 for the fiscal year July 1 through June 30.

Specific Authority 373.026(7), 373.043, 373l.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.620 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities.

(1) Definitions. Terms used in this general permit shall have the meanings specified below:

(a) "Access areas" shall mean areas which are cleared to allow equipment to reach existing electrical structures or the proposed location of electrical structures;

(b) "Existing facilities" shall mean existing power lines, substations or power plants;

(c) "Impact site" shall mean that portion of a wetland area within the right-of-way either surrounded by uplands within the right-of-way or lying between upland segments of the right-of-way within which clearing of vegetation to the ground is proposed to occur;

(d) "Power line" shall mean the conductors, supporting structures, and related hardware installed or maintained by electric utilities as defined in Section 366.02(2), F.S.;

(e) "Project" shall mean the proposed or existing power line for which use of the general permit is proposed;

(f) "Selective clearing" shall mean the cutting or control of vegetation by hand, herbicide, or mechanized equipment that minimizes soil compaction, to a height no lower than the water level at the time of cutting or ground level in areas without standing water. This would include removal of the cut trees from the wetland in cases where leaving the trees would preclude revegetation or impound water flow. This shall not mean the non-selective aerial or broadcast application of herbicides;

(g) "Siting board" means the Governor and Cabinet as provided in Section 403.503(6), F.S.;

(h) "Work areas" shall mean areas surrounding the electrical support structures, towers, poles, and guy wires which must be cleared to enable equipment to install and maintain the power line.

(2) A general permit is provided for the construction of power lines and electrical support structures by electric utilities, provided the following provisions are met:

(a) The project is not covered by a certification issued under Part II of Chapter 403, F.S.;

(b) All permanent fill shall be at grade. Fill shall be limited to that necessary for electrical support structures, including towers, poles, and guy wires, stabilizing backfill necessary for the aforementioned structures, and at-grade access roads limited to a width of 20 feet;

(c) Access and work areas may be cleared to the ground, including removal of stumps as necessary; however, such clearing shall be limited to the following:

1. A linear access area of up to 25 feet wide between electrical support structures;

2. An access area of up to 25 feet wide from the edge of the power line right-of-way to electric support structures; and

3. Work areas around the electrical support structures, towers, poles, and guy wires;

(d) Vegetation in wetlands under the conductor and up to 20 feet on either side of the outermost conductor may be cut or removed by hand or by mechanized equipment to a height no lower than the soil surface. Any mechanized equipment that is used shall minimize soil compaction. Except for Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva), clearing in the remainder of the project right-of-way within wetlands shall be limited to selective clearing of vegetation which has an expected mature height of 14 feet or more. During construction and while conducting normal maintenance activities, the permittee shall eradicate all Brazilian pepper, Australian pine, and Melaleuca from the wetland portion of the right-of-way. During the initial clearing event, and during subsequent maintenance cycles, EPA approved herbicides may be used on the following:

1. Vegetation growing within the area that was formerly cleared to the ground;

2. Vegetation with an expected mature height of over 14 feet growing within the remainder of the right-of-way; and

3. Any specimen of exotic vegetation within the right- of-way;

(e) Not more than 15 acres of forested wetlands may be cleared to the ground within each ten mile section of the project, whether or not filling activities occur within the wetlands. In sections where filling activities, as defined in Rule 62-341.020(5) and (8), F.A.C., occur, not more than 4 acres of forested wetland may be cleared to the ground within each 10 mile section of the project, with no more than one impact site exceeding 0.5 acres per ten mile section. The one impact site which may exceed 0.5 acres shall not exceed 2.0 acres. Areas that are dominated (90 percent or greater aerial coverage) by exotic species shall not be included in the acreage calculation of clearing to ground of forested wetlands. The ten mile sections shall be measured from the beginning of the project to the terminus of the project, or vice versa, and the sections shall not end in a wetland. In cases where the section does end in a wetland, the Department shall designate the closest landward edge of the wetland as the section terminus;

(f) Erosion and turbidity control methods shall be implemented as necessary to ensure that state water quality standards for turbidity are met. The applicant shall submit to the Department, along with the notice of intent to use this general permit, a narrative that documents the applicant will use erosion and turbidity control methods that are consistent with generally accepted industry practice;

(g) Diversion and impoundment of surface waters shall be limited to incidental diversion during construction, and diversion which occurs around support structures, towers, guy wires, and poles;

(h) The proposed construction and clearing shall be conducted in a manner that does not adversely affect threatened or endangered species. The applicant shall submit to the Department, along with the notice of intent to use this general permit, a narrative summary of surveys that have been performed on the existence and potential existence of threatened and endangered species within and adjacent to the project, and the expected effects on these species; and

(i) The proposed construction and clearing shall not result in a permanent change to existing ground surface elevation.

(3) The clearing of vegetation in wetlands to construct new power lines that do not require the placement of structures in wetlands or other dredge or fill activities in wetlands or other surface waters, does not require an individual or general permit.

(4) This general permit shall not apply to any portion of a project located in forested wetlands located within 550 feet from the mean or ordinary high water line of a wetland or other surface water designated as an Outstanding Florida Water or Outstanding National Resource Water.

Specific Authority 373.026(7), 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.621 General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects.

(1) A general permit is hereby provided for use by electric and communication utilities to relocate aerial transmission and distribution lines, including utility poles and associated bases and anchoring devices within or adjacent to the rights of way of existing roadways.

(2) This general permit applies only to relocation projects necessitated by widening or improvement of existing roads. Documentation of the road widening or improvement that necessitates the relocation shall be submitted at the time the notice to use this general permit is submitted to the Department.

(3) For the purpose of this general permit, the following definitions shall apply:

(a) "Anchoring device" shall mean steel guy wires fastened to the ground without the need for separate dredging;

(b) "Base" shall mean a man-made, concrete or steel foundation not exceeding four feet in radius, used to support a utility pole; and

(c) "Utility pole" shall mean a single pole that supports aerial transmission and distribution lines.

(4) This general permit is subject to the following special conditions:

(a) The relocation of the poles shall be either within the existing or proposed road right of way or within ten feet adjacent to the existing or proposed road right-of-way;

(b) There shall be no permanent placement of fill in wetlands or other surface waters other than the utility poles, associated bases, and anchoring devices;

(c) There shall be no dredging or filling in wetlands or other surface waters to access the pole installation site except for the placement of temporary mats. All temporary mats shall be removed within thirty days after removal or replacement of the utility poles, associated bases, and anchoring devices;

(d) The installation of the utility pole(s) and associated anchoring devices shall not interfere with navigation or impede the flow in wetlands or other surface waters;

(e) Except for the permitted structure, pre- construction ground elevations and the contours of all disturbed soils, including vehicle ruts in wetlands and other surface waters shall be restored within 30 days following completion of line installation. Restored grades shall be stabilized within 72 hours following completion of elevation and contour restoration to minimize erosion;

(f) Vehicle usage in wetlands and other surface waters shall be conducted so as to minimize tire rutting and erosion impacts;

(g) The use of water jets is not authorized except for those which are a pre-engineered part of the pole. Water for the jets shall be recirculated on site or discharged in a self-contained upland;

(h) In open surface waters, this general permit shall apply only where there is sufficient depth to allow access by shallow draft floating vessels (e.g., barges or rafts) without altering bottom contours, disturbing submerged grassbeds, prop dredging
Short for "propellor dredging" - scars or damage formed in seagrass beds or other submerged communities when a vessel propellor gets too close to the bottom., or causing a violation of state water quality standards for turbidity, or where work can be accomplished from an upland location;

(i) The proposed construction shall not impact any living stony coral, soft coral, macro-marine algae community, or submerged grassbeds;

(j) For purposes of this general permit, vehicular access in wetlands and other surface waters shall be limited to existing roads, trails, rights-of-way or easements, and to other previously disturbed corridors where they exist;

(k) The clearing of wetland vegetation shall be limited to 0.5 acres per 10 miles of transmission or distribution line, unless the clearing of vegetation is addressed in a previously issued permit pursuant to Part IV, Chapter 373, F.S., which authorized the road widening or improvement;

(l) This general permit does not apply to the installation of transmission or distribution line structures that require permanent fill pads or permanent access roads;

(m) This general permit shall not apply to relocation of a transmission line that requires or has received a certification issued under Part II of Chapter 403, F.S.; and

(n) During the initial clearing event and when conducting subsequent normal maintenance activities, the permittee shall eradicate all Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva) from the wetland portions of the utility right-of-way.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History - New 10-3-95.

# 62-341.630 General Permit for Single Family Residential Lots Within the Indian Trail Water Control District.

(1) A general permit is hereby granted for individual single family residential lots within the M-1 and M-2 basins of the Indian Trail Water Control District in Palm Beach County, as described in subsection (3).

(2) This general permit authorizes dredging and filling within wetlands or other surface waters on individual, single family residential lots, for the construction, alteration, maintenance, operation, abandonment, and removal of single family residences, structures associated with the residence, and other works located within the wetlands or other surface waters within the lot, provided:

(a) The individual, single family residential lot is 5 acres or less in size;

(b) The residence is not part of a larger common plan of development proposed by the applicant;

(c) The permittee offsets the adverse individual and cumulative impacts
future impacts that occur because the initial impact occurred. Example: a bridge is built to an island that previously did not have bridge access in order to develop one parcel of land. The bridge makes way for additional impacts to other parcels on the island by making the island more accessible. Impacts accumulate because of the initial impact. from the authorized activities, by donating $250 per lot to the Palm Beach County Pollution Recovery Trust Fund, established pursuant to Palm Beach County Resolution R89-576, which monies shall be applied to the purchase, restoration, or management of a minimum of 200 acres of land, including wetlands and other surface waters within Unit 11 of the Indian Trail Water Control District as described in subsection (4). The permittee must submit proof of this donation, in the form of a receipt from Palm Beach County, with the application to use this general permit;

(d) Associated structures and works authorized by this general permit shall be limited to driveways, culverts, storage sheds, garages, septic tanks and drainfields, pools, fences, gardens, and wells; and

(e) Dredging is limited to the minimum amount necessary to obtain fill material for the residence and associated structures authorized by this general permit. Such dredged areas shall not connect to canals, ditches, swales, or other existing drainage systems within the Indian Trail Water Control District.

(3) The lands within Indian Trail Water Control District to which this general permit applies are:

(a) M-1 basin of the Indian Trail Water Control District consisting of:

1. Township 42 South Range 40 East--the south one-half (S1/2) of Sections 13, 14 and 15; the north 135 feet of the south one-half (S1/2) of Sections 16, 17, and 18 and all of Sections 23, 24,25,26,35 and 36.

2. Township 42 South, Range 41 East--the west one-half (W1/2) of Section 17; all of Sections 18 and 19; all of Section 20 less the northwest one-quarter (NW 1/4) of the northeast one-quarter (NE 1/4) thereof; all of Sections 21, 22, 27, 28, 29, 30 and 31; the west one half (W 1/2) and the west one-third (W 1/3) of the east one-half (E 1/2) of Section 32, and all of Sections 33, 34 and 35;

3. Township 43 South, Range 41 East--all of Sections 2, 3, 4, 9, 10 and 11; and

(b) M-2 basin of the Indian Trail Water Control District, consisting of Township 43 South, Range 40 East--all of Sections 10 and 11; the west three-quarters (W 3/4) of Section 13; all of Sections 14 and 15, and the west three- quarters (W 3/4) of Sections 24 and 25.

(4) Unit 11 of the Indian Trail Water Control District, consisting of Township 41 South, Range 41 East, all of Sections 30 and 31, and the west 1/2 of Sections 29 and 32.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History - New 4-3-96.

# 62-341.900 Noticed General Permit Forms.

(1) Notice to use the general permit in Rule 62-341.500, F.A.C., Notice of Intent to Construct a Minor Silvicultural System, shall be made on Form 62-341.900(1), effective 9-4-05, which is hereby adopted and incorporated by reference.

(2) Except for notices filed within the geographical area of the Northwest Florida Water Management District – Sections A, B, and G, and Attachments 1 through 6 of the “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/ Authorization to use Sovereign Submerged Lands/Federal Dredge and Fill Permit,” as adopted in subsection 62-343.900(1), F.A.C., on July 4, 1995, shall be used to submit all notices to use a noticed general permit under this chapter, except for the notice referenced in Rule 62-341.500, F.A.C.

(3) For notices filed within the geographical area of the Northwest Florida Water Management District – “Notice of Intent to Construct Works Pursuant to a Wetland Resource General Permit,” Form 62-312.900(6), as authorized by Rule 62-4.530, F.A.C., and incorporated by reference in Rule 62-312.900, F.A.C., shall be used to submit all notices to use a noticed general permit under this chapter, except for the notice referenced in Rule 62-341.500, F.A.C.

(4) Copies of forms used by the Department to provide notice to use the general permits in this chapter may be obtained from the Internet at: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm, or from any local district or branch office of the Department (see http://www.dep.state.fl.us/secretary/dist/), or by writing to the Submerged Lands and Environmental Resources Office, MS 2500, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any local district or branch office of the Department.

Specific Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.4145, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 9-4-05, Amended 10-1-07.