Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.010 - Intent, Purpose, and Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter, together with the rules and
				all documents it incorporates by reference, implements the State 404 Program
				under Section  373.4146, F.S.
(2) The State 404 Program governs all
				dredging and filling in waters of the United States regulated by the State
				under Section  373.4146, F.S. ("assumed waters"
				or "state-assumed waters"), and will be implemented in conjunction with the
				environmental resource permitting (ERP) program established in Part IV of
				Chapter 373, F.S.
(3) The State
				wetland delineation methodology in Chapter 62-340, F.A.C., shall be used to
				determine the boundary of state-assumed waters. Agency staff shall document the
				boundary of state-assumed waters using Form
				 62-330.201(1),
				"Chapter 62-340, F.A.C., Data Form" (December 22, 2020), incorporated by
				reference in subsection
				 62-330.201(1),
				F.A.C., and as described in Section 7.1 of Applicant's Handbook Volume I
				(hereinafter "Volume I") (effective date), incorporated by reference in
				paragraph  62-330.010(4)(a),
				F.A.C. (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12078
).
(4) The term "Agency" applies to the
				Department or a Water Management District, as applicable, throughout this
				chapter.
(5) This chapter is used
				in conjunction with Chapter 62-330, F.A.C., Volume I and the State 404 Program
				Applicant's Handbook (hereinafter "404 Handbook"), incorporated by reference
				herein (December 22, 2020) (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12064
).
(6) A State 404 Program permit ("permit") is
				not an authorization under Chapter 62-330, F.A.C., and shall be reviewed as a
				separate authorization.
(7) Where
				there are conflicts between this chapter and other state rules and statutes,
				this chapter will control with regard to the State 404 Program (See section 8.4
				of the 404 Handbook).
(8) A copy of
				rules, forms, and other documents incorporated by reference herein and in
				Chapter 62-330, F.A.C., may also be obtained from the Agency Internet site or
				by contacting staff in an Agency office identified in Appendix A of Volume
				I.
(9) This chapter explains how to
				submit notices and applications for activities regulated under the State 404
				Program and provides the standards for Agency review and action.
(10) Where both an ERP and a State 404
				Program authorization are required for a dredge or fill activity, an applicant
				must receive both authorizations prior to conducting the dredge or fill
				activity. An applicant may choose to have both authorizations issued
				concurrently to avoid the need for subsequent modification of the project that
				may occur if one authorization is issued before the other.
(a) Where an applicant chooses to have the
				State 404 Program and ERP authorizations issued concurrently, and project
				modifications are required for one authorization after the other application
				has been deemed complete by the Agency, the complete application shall return
				to an "incomplete" status until all additional required information for such
				modification is received. No additional fee shall be charged for review of such
				modifications.
(b) Where an
				applicant chooses to have the ERP and State 404 Program authorizations issued
				separately, and modifications to the issued ERP authorization are required as a
				result of the State 404 Program review process, the fee to modify the ERP
				permit under Rule  62-330.071, F.A.C., shall
				apply.