reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.550 - General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				general permit is granted for the construction, operation, maintenance,
				alteration, or abandonment of minor systems serving any of the following,
				provided the activities comply with all of the conditions set forth below.
(a) Seasonal or year-round stands and markets
				selling exclusively or primarily produce and other farm or nursery products
				grown onsite.
(b) Farm worker
				housing and ancillary facilities.
(c) Truck loading and staging areas for
				transporting farm or nursery products grown onsite.
(d) Nonresidential farm buildings and
				structures used solely for agricultural purposes and located on a farm or on
				land that is an integral part of an ongoing farm operation.
(e) Roadway and vehicle parking facilities
				integral to an activity authorized under this general
				permit.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.600 - General Permit for the Construction of Artificial Reefs

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is 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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.602 - General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118(1),
					  373.406(5),
					  373.413 1,
					 373.414(9),
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118(1),
					 373.406(5),
					 373.413,
					  373.4131,
					  373.414(9),
					  373.416,
					  373.418,
					  403.814(1) 
					 FS.
New 10-3-95, Formerly
					  62-341.602, Amended 10-1-13,
					 Repealed 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.630 - General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				general permit is granted to the U.S. Army Corps of Engineers for the
				construction, alteration, operation, and maintenance of systems to implement
				environmental restoration or enhancement projects. 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 Projects, Florida Department of Environmental Protection, United States
				Army Corps of Engineers Jacksonville District, United States Army Corps of
				Engineers Mobile District
(February 28, 2006), incorporated by
				reference herein (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03128
).
				Copies of incorporated material may be obtained from the Agency, as described
				in subsection  62-330.010(5),
				F.A.C. 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 the following documents, which are incorporated by
				reference herein:
(a) Section 204 of the
				Water Resources Development Act (WRDA) of 1992, as amended through January 24,
				2002 (Beneficial Uses of Dredged Material), and any subsequent amendment by a
				WRDA through June 1, 2018, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-03224
);
(b) Section 206 of the Water Resources
				Development Act of 1996, as amended through January 24, 2002 (Aquatic Ecosystem
				Restoration), as amended by a WRDA through June 1, 2018 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-03225
);
(c) Section 1135 of the Water Resources
				Development Act of 1986, as amended through January 24, 2002 (Project
				Modifications for Improvement of the Environment), as amended by a WRDA through
				June 1, 2018, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-03226
).
(d) Section 101(8) of WRDA 1992 (Kissimmee
				River Restoration), as amended by a WRDA through June 1, 2018, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03130
);
				or
(e) The Army Corps Federal
				portion of any project approved as part of the "Estuaries and Clean Waters Act
				of 2000" (Title I, PL 106-457) (ERA), Sections 102(3), 104(a), and 110(b) and
				amended by Section 5017 of WRDA 2007, and any subsequent amendment by a WRDA
				through June 1, 2018, (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02600
).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.632 - General Permit for the Restoration, Establishment and Enhancement of Low Profile Oyster Habitat

Current through Reg. 50, No. 138; July 16, 2024
(1) A general
				permit is hereby provided for the construction, restoration, and enhancement of
				low profile oyster habitat (LPOH) within estuaries, lagoons, or other tidal
				waters, subject to the following:
(a) The
				total footprint of the LPOH is one quarter acre in size or less;
(b) The work shall be conducted or directly
				supervised by persons having expertise designing and implementing oyster
				habitat restoration activities;
(c)
				The LPOH shall not be inconsistent with any management plan approved by a
				federal, state, regional and/or local agency that addresses oyster habitat,
				wetland vegetation, submerged resources, water quality, navigation, or fishing
				and recreational values of the waterbody, including any Aquatic Preserve
				management plan adopted under Chapter 18-20, F.A.C.;
(d) The LPOH shall not be considered as
				mitigation to offset impacts for any other project;
(e) The LPOH shall not serve or include any
				aquaculture activity regulated under Chapter 597, F.S.; and
(f) The LPOH shall not adversely affect
				existing natural resources or resource activities within or adjacent to the
				footprint of the proposed LPOH footprint.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.635 - General Permit for Soil Remediation

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is granted to conduct
				soil removal activities, including installation of wells and work in wetlands
				and other surface waters necessary to perform soil remediation as part of a
				Remedial Action Plan approved by the Department. This includes construction,
				alteration, operation, and removal of a temporary access road for access to
				conduct this work, subject to the following conditions.
(a) Removal of contaminated soil is limited
				to no more than a total of five acres of wetlands.
(b) Temporary fill and materials for
				equipment access shall be removed immediately following completion of the
				remediation work.
(c) Any wetland
				area affected by the work shall be restored to pre-construction wetland
				elevations within 30 days following completion of the work, using sediments
				consisting of the same soil textural material as the original pre-construction
				soil material that is also free of vegetated debris, rebar and any other solid
				waste materials.
(d) Any muck
				removed from wetlands for construction of temporary fill roads shall be
				stockpiled in uplands and used in restoring the affected area to wetland
				conditions and preconstruction wetland elevations, unless this material is
				required to be removed as part of the remediation plan.
(e) Within seven days of completion of
				restoration of pre-construction wetland elevations, all wetland areas shall be
				re-vegetated with native wetland species endemic to adjoining, undisturbed
				wetlands or the underlying wetland community type historically occurring at the
				site. The restored wetland areas shall be maintained and planted as necessary
				to ensure that at least 33 percent cover of planted or naturally reestablished
				native wetland plant species is appropriate for the wetland community type
				within 18 months of completion of authorized work. Exotic invasive species,
				including but not limited to:
Schinus terebinthifolius
,
Melaleuca quinquenervia
,
Casuarina
spp.,
Lygodium
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.
(f) In addition to
				compliance with the notice provisions of Rule
				 62-330.402, F.A.C., within 60
				days following completion of construction, the permittee will notify the Agency
				by letter of the date construction activities were completed.
(g) All contaminated soils removed from the
				site shall be disposed of in an appropriate disposal facility, in accordance
				with the Remedial Action Plan approved by the
				Department.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.901 - Noticed General Permit Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking 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.
New 9-4-05, Amended 10-1-07, Formerly
					  62-341.900, Repealed
					 10-1-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.020 - Regulated Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) A permit under
				this chapter is not required for the activities described in  40 CFR §
										232.3 as of July 1, 2019, incorporated by reference herein (
https://flrules.org/Gateway/reference.asp?No=Ref-12041
),
				and in Appendix B of the 404 Handbook, subject to the limitations described
				therein.
(2) Unless an activity
				qualifies under subsection (1), above, a permit is required prior to conducting
				any dredge or fill activities in, on, or over state-assumed waters.
(3) The following types of permits are
				available:
(a) A general permit, as provided
				in Rule  62-331.200, F.A.C.;
				and
(b) An individual permit, as
				provided in Rule  62-331.050,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.030 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Terms used in this chapter are defined in section 2.0 of the
				  404 Handbook.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118,
					  373.413 1,
					 373.414(9),
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented 373.118,
					 373.413,
					  373.4131,
					  373.414,
					  373.4145,
					  373.4146,
					  373.416 FS.
The effective date of the rule will be the effective date
					 of assumption, which is the date identified by EPA as published in the Federal
					 Register §
											373.4146, F.S.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.040 - Procedures for Review and Agency Action on Exemption Requests

Current through Reg. 50, No. 138; July 16, 2024
(1) A notice to the Agency is not required to
				conduct an activity that is exempt under subsection
				 62-331.020(1),
				F.A.C., except where the activity requires an authorization or notification
				under Chapter 62-330, F.A.C. Exemptions under Rule
				 62-330.051, F.A.C., are not
				applicable to the State 404 Program.
(2) If a person desires Agency verification
				of qualification to conduct an exempt activity under this chapter, they shall
				apply as described in subsections
				 62-330.050(2) and
				(3), F.A.C.
(3) The verification of qualification to
				conduct an exempt activity under this chapter shall be conducted as described
				in subsections  62-330.050(4) through
				(7), F.A.C.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.4131,
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented 373.4131,
					  373.4141,
					  373.4146(4) 
					 FS.
The effective date of the rule will be the effective date
					 of assumption, which is the date identified by EPA as published in the Federal
					 Register §
											373.4146, F.S.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.050 - Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An individual
				permit is required for activities within state-assumed waters if they do not
				qualify for an exemption under subsection
				 62-331.020(1),
				F.A.C., or a general permit under Rules
				 62-331.200 through
				 62-331.248, F.A.C.
(2) An application for an individual permit
				shall be:
(a) Prepared in accordance with Rule
				 62-331.051, F.A.C.;
(b) Submitted in accordance with section 4.3
				of the 404 Handbook and section 4.4 of Volume I; and
(c) Reviewed and acted on in accordance with
				Rules  62-331.052 and
				 62-331.053, F.A.C., and sections
				5.0 through 8.5 of the 404 Handbook.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.052 - Processing of Individual Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) Within 30 days of receipt of an
				application for a permit in accordance with Rule
				 62-331.051, F.A.C., or receipt
				of any additional information provided by the applicant in response to the
				Agency's request for additional information, or within 15 days of receipt of an
				application for a subsequent phase of a project where the first phase was
				previously permitted in accordance with section 5.3.2 of the 404 Handbook or
				where a new permit is needed to complete a project that was unable to be
				completed during the duration of the original permit, the Agency shall review
				the application for administrative and technical completeness and shall request
				any additional information required by the Agency to publish public notice
				pursuant to Rule  62-331.060, F.A.C., and to
				determine if the proposed activity meets the conditions for issuance in Rules
				 62-330.301,
				 62-330.302, and
				 62-331.053, F.A.C. The applicant
				may voluntarily submit a written waiver of the above timeclock requirement to
				allow the Agency additional time to determine if additional information is
				required; the Agency is not obligated to accept the waiver or to delay sending
				the request for additional information.
(a) An
				application will be considered administratively incomplete if it does not
				include the information required in subsection
				 62-331.060(1),
				F.A.C., and will be considered technically incomplete if additional information
				is needed to determine if the proposed activity meets the conditions for
				issuance in Rules  62-330.301,
				 62-330.302, and
				 62-331.053, F.A.C. Permit
				applications shall not be considered technically complete until the ERP review,
				if required, is complete. This is to satisfy the requirement for reasonable
				assurance that State water quality standards and coastal zone consistency
				requirements will be met. (See Rule
				 62-331.070, F.A.C., and section
				5.0 of the 404 Handbook)
(b) The
				timeframes and other provisions described in Volume I, sections 5.5.3.5 through
				5.5.3.7 shall also apply to applications for permits under this
				chapter.
(c) The Agency may request
				additional information as necessary during its review of any information that
				the Agency receives during the public comment period, at a public meeting, or
				during federal review.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.053 - Additional Conditions for Issuance of Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
In addition to the conditions in Rules
				   62-330.301 and
				   62-330.302, F.A.C., individual
				  permits under this chapter are subject to the following conditions:
(1) No dredge or fill activity shall be
				permitted if there is a practicable alternative to the proposed activity which
				would have less adverse impact on the aquatic ecosystem, so long as the
				alternative does not have other significant adverse environmental consequences.
				The Agency shall require the applicant to submit an alternatives analysis
				completed in accordance with the provisions below. Guidance for completing an
				alternatives analysis is in Appendix C of the 404 Handbook.
(a) For the purpose of this condition,
				practicable alternatives shall include, but shall not be limited to:
1. Activities which do not involve dredging
				or filling in state-assumed waters;
2. Locations where dredge or fill activities
				would have less adverse impact than the proposed project location, so long as
				the alternative does not have other significant adverse environmental
				consequences.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.054 - General Conditions for Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Individual permits shall contain the
				general conditions for individual permits in subsection
				 62-330.350(1),
				F.A.C., as applicable, and any specific conditions necessary to assure that the
				activities will be conducted in compliance with this Chapter, and in a manner
				which minimizes adverse impacts upon the physical, chemical, and biological
				integrity of wetlands or other surface waters, such as mitigation requirements
				and protection measures for listed species or historical resources.
(2) Individual permits shall contain the
				following conditions in addition to those described in subsection (1), above:
(a) The permittee shall comply with all
				conditions of the permit, even if that requires halting or reducing the
				permitted activity to maintain compliance. Any permit violation constitutes a
				violation of Part IV of Chapter 373, F.S., and this chapter, as well as a
				violation of the CWA.
(b) The
				permittee shall take all reasonable steps to prevent any unauthorized dredging
				or filling in violation of this permit.
(c) The permittee shall timely notify the
				Agency of any expected or known actual noncompliance.
(d) Upon Agency request, the permittee shall
				provide information necessary to determine compliance status, or whether cause
				exists for permit modification, revocation, or termination.
(e) Inspection and entry. The permittee shall
				allow the Agency, upon presentation of proper identification, at reasonable
				times to:
1. Enter upon the permittee's
				premises where a regulated activity is located or where records must be kept
				under the conditions of the permit,
2. Have access to and copy any records that
				must be kept under the conditions of the permit,
3. Inspect operations regulated or required
				under the permit, and
4. Sample or
				monitor, for the purposes of assuring permit compliance or as otherwise
				authorized by the CWA, any substances or parameters at any location.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
													373.4146,
				  F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.060 - Public Notice

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency shall
				provide public notice, as described in subsection (2), below, within 10 days of
				the following: agency determination that an application for an individual
				permit or major modification is administratively complete; Agency notification
				to a permittee of revocation or suspension of a permit; and issuance of an
				emergency field authorization. The Agency shall provide public notice 30 days
				prior to any scheduled public meeting for such projects. An administratively
				complete application, as defined and described in sections 2.0 and 8.1,
				respectively, of the 404 Handbook, shall include the following information:
(a) Name, address, and telephone number of
				the applicant;
(b) Name(s) and
				address(es) of owners of property adjoining the property where the activity is
				proposed to occur;
(c)
				Self-addressed, stamped envelopes and/or email addresses for each adjoining
				property owner. These will be used by the Agency to send the public notice. Do
				not include a return address; it will be added by the Agency;
(d) A complete description of the activity
				including necessary drawings, sketches, or plans sufficient for public notice;
				the location, purpose, and intended use of the proposed activity; the long-term
				conceptual plan described in 404 Handbook, section 5.3.2, if applicable;
				scheduling of the activity; the location and dimensions of adjacent structures;
				and a list of authorizations required by other agencies including federal,
				interstate, state, or local agencies for the work, including all approvals
				received or denials already made;
(e) A description of the type, composition,
				source, and quantity of the material to be dredged or used as fill;
				construction methods; and the site and plans for disposal of any dredged
				material including a description of spoil cells, dredged material management
				areas (DMMAs), and final disposal plans if the dredged material is not proposed
				to remain onsite;
(f) A summary of
				proposed wetland and other surface water impacts and compensatory mitigation
				including acres, habitat type, and Uniform Mitigation Assessment Method (UMAM)
				score developed pursuant to Chapter 62-345, F.A.C., for each assessment
				area;
(g) The alternatives analysis
				required by subsection
				 62-331.053(1),
				F.A.C.; and
(h) A certification
				that all information contained in the application is true and accurate and
				acknowledging awareness of penalties for submitting false
				information.
(i) Any other
				information relevant to the project that would significantly assist the public
				and commenting agencies in reviewing, understanding, and commenting on the
				proposed project, including information needed for review of impacts to state
				or federal listed species.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.070 - Water Quality and Coastal Zone Consistency Review

Current through Reg. 50, No. 138; July 16, 2024
(1) Compliance with applicable state water
				quality standards shall be required for issuance of a permit.
(2) Compliance with the Coastal Zone
				Management Program shall be required for issuance of a permit.
(3) To ensure compliance with subsections (1)
				and (2), above, a verification of exemption or permit under this chapter shall
				not be issued unless the activity is exempt under Chapter 62-330, F.A.C., or
				the applicable ERP under Chapter 62-330, F.A.C., is issued.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					  373.026(7),
					 373.043,
					 373.118,
					 373.4131,
					 373.4145,
					 380.23(4),
					 403.0877,
					 403.805(1) FS.
					 Law Implemented 373.026(7),
					  373.109,
					  373.117,
					  373.118,
					  373.413,
					  373.4131,
					  373.4141,
					  373.4145,
					  373.4136,
					  373.4146,
					  373.416,
					  373.426,
					  373.428,
					  380.23,
					  403.0877 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.080 - Modification, Suspension, or Revocation of Permits

Current through Reg. 50, No. 138; July 16, 2024
Modification of permits shall be conducted in accordance with
				  subsections  62-330.315(1) through
				  (3), F.A.C., and section 6.2 of Volume I, as
				  applicable. Suspension or revocation of permits shall be conducted in
				  accordance with Section
				   373.429, F.S. In addition,
				  modification, suspension, or revocation of permits is subject to the
				  following:
(1) The following shall be
				processed as minor modifications. Any activity not covered below shall be
				processed as a major modification:
(a)
				Correction of typographical errors;
(b) Requiring more frequent monitoring or
				reporting by permittee;
(c)
				Changing ownership or operational control of a project or activity where the
				Agency determines that no other change in the permit is necessary, provided
				that a written agreement containing a specific date for transfer of permit
				responsibility, coverage, and liability between the current and new permittees
				has been submitted to the Agency;
(d) Minor modifications of project plans that
				do not significantly change the character, scope, and/or purpose of the project
				or result in significant change in environmental impact. The Agency shall use
				the factors in section 6.2.1(d) of Volume I, as applicable, to determine
				whether the modification will be considered minor;
(e) Extending the term of an individual
				permit to the amount of time reasonably needed to complete the project, but not
				to exceed the maximum duration allowed under federal law and so long as the
				modification does not result in any increase in the amount of material to be
				dredged or used as fill.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.090 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
Unless revoked or otherwise modified, the duration of a
				  permit under this chapter is:
(1)
				General permits shall be effective for a fixed term not to exceed five years as
				provided in subsection
				 62-331.200(5),
				F.A.C.
(2) The duration of
				individual permits shall be specified in each permit and shall not exceed the
				maximum timeframe allowable under federal law and reasonably necessary to
				complete the project.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented  373.4146(5) 
					 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.100 - Transfer of Permit Upon Change in Ownership or Control

Current through Reg. 50, No. 138; July 16, 2024
(1) Transfer of an individual permit shall be
				in accordance with Rule
				 62-330.340, F.A.C. The phrase
				"under this chapter" shall mean Chapter 62-331, F.A.C.
(2) If the permittee sells the property
				associated with a general permit verification, the permittee shall transfer the
				general permit verification to the new owner by submitting a completed Form
				 62-331.100(1)  -
				"Transfer of State 404 Program General Permit Verification, " incorporated by
				reference herein (December 22, 2020) (
https://flrules.org/Gateway/reference.asp?No=Ref-12042
),
				within 30 days of the sale, to the Agency that processed the original notice.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented  373.4131,
					  373.4135,
					  373.4136,
					  373.4145,
					  373.4146,
					  373.416,
					  373.426 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.120 - Fees

Current through Reg. 50, No. 138; July 16, 2024
There shall be no additional fee charged for verifications,
				  notices, applications, or permits under this chapter.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
										373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.118,
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented  373.109,
					  373.4146 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.130 - Compensatory Mitigation

Current through Reg. 50, No. 138; July 16, 2024
Compensatory mitigation shall be considered only after the
				  requirements of subsection
				   62-331.053(1),
				  F.A.C., have been met. Compensatory mitigation required for authorizations or
				  compliance actions under this chapter shall be conducted in accordance with
				  section 10.3 of Volume I, section 8.5 of the 404 Handbook, and this
				  section:
(1) Mitigation Hierarchy. The
				preferential hierarchy in the 404 Handbook section 8.5.1 shall be followed when
				compensatory mitigation is required for authorizations and compliance
				actions.
(2) Mitigation proposals
				other than the purchase of mitigation bank or in-lieu fee program credits shall
				include an adaptive management plan. The plan shall include information about
				the party or parties responsible for implementing adaptive management measures,
				including the information required in Volume I, section 10.3.1.2.1.
(3) Federal credits from mitigation banks or
				in-lieu fee programs approved by the Corps shall be accepted by the Agencies to
				offset impacts for permits when the number and resource type of credits
				available are appropriate to offset impacts.
(4) Mining reclamation activities may be
				considered appropriate compensatory mitigation for impacts from mining projects
				undertaken pursuant to Chapter 378, F.S., and rules promulgated thereunder, if
				they maintain or improve the water quality and the function of biological
				systems present at the site prior to the commencement of mining activities,
				subject to the following additional requirements:
(a) Additional compensatory mitigation shall
				be required if the Agency determines that the onsite reclamation activities
				will not fully offset the regulated activity's adverse impacts.
(b) Section
				 373.414(6)(b),
				F.S., and paragraph  62-345.600(1)(b),
				F.A.C., pertaining to time lag for phosphate and heavy minerals mines, shall
				not apply to compensatory mitigation for permits or compliance
				actions.
(c) Additional
				compensatory mitigation, if required, shall be subject to the mitigation
				hierarchy in subsection (1), above.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.140 - Mitigation Banks and In-Lieu Fee Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Mitigation banks and in-lieu fee program
				instruments shall be reviewed and processed by the Corps in accordance with
				federal law. However, the Agency shall be responsible for issuing any permits
				required for dredge or fill activities needed to implement the mitigation bank
				or in-lieu fee program within state-assumed waters.
(2) Federal mitigation bank and in-lieu fee
				credits shall be acceptable to provide compensatory mitigation for State 404
				Program permits, where appropriate. (See 404 Handbook, section
				8.5.1).
(3) A designated
				representative of the Agency shall serve as a member of the Interagency Review
				Team.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.413 5,
					 373.414,
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented 373.413,
					  373.4131,
					  373.4132,
					  373.4135,
					  373.4136,
					  373.4146 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.160 - Use of Formal Determinations

Current through Reg. 50, No. 138; July 16, 2024
A valid formal determination completed in accordance with
				  subsection  62-330.201(2),
				  F.A.C., and Volume I, section 7.2 shall be accepted in an application for a
				  permit.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
										373.4146,
				  F.S.
Rulemaking Authority
					  373.026 (7),
					 373.043,
					  373.4131,
					 373.421(2),
					  373.4146 (2),
					 403.805(1),
					 403.0877 FS. Law Implemented
					 373.026,
					 373.4131,
					 373.4146,
					  373.421(2),
					  373.441 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.211 - General Permit for Fish and Wildlife Harvesting, Enhancement, and Attraction Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) This general
				permit authorizes fish and wildlife harvesting devices and activities such as
				pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds,
				and clam and oyster digging, fish aggregating devices (for research purposes
				only), and small fish attraction devices.
(2) This general permit does not authorize:
(a) Artificial reefs.
(b) Impoundments and semi-impoundments of
				state-assumed waters for the culture or holding of motile species such as
				lobster.
(c) The use of covered
				oyster trays or clam racks.
(d)
				Placement of materials for Live Rock culture.
(e) Harvesting of Live Rock.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
												373.4146,
				  F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.212 - General Permit for Scientific Measurement Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Installation and
				removal of devices, whose purpose is to measure and record scientific data,
				such as staff gages, meteorological stations, water recording and biological
				observation devices, water quality testing and improvement devices, and similar
				structures.
(b) Installation and
				removal of small weirs and flumes constructed primarily to record water
				quantity and velocity, provided the dredging or filling is limited to 25 cubic
				yards.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.213 - General Permit for Survey Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Survey activities,
				such as core sampling, seismic exploratory operations, plugging of seismic shot
				holes and other exploratory-type bore holes, exploratory trenching, soil
				surveys, sampling, sample plots or transects for wetland delineations, and
				historic resources surveys. For the purposes of this general permit, the term
				"exploratory trenching" means mechanical land clearing of the upper soil
				profile to expose bedrock or substrate, for the purpose of mapping or sampling
				the exposed material. The area in which the exploratory trench is dug must be
				restored to its pre-construction elevation upon completion of the work and must
				not drain a state-assumed water. In wetlands, the top 6 to 12 inches of the
				trench shall be backfilled with topsoil from the trench.
(b) The construction of temporary pads,
				provided the fill does not exceed 1/10-acre in waters of the
				U.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.214 - General Permit for Outfall and Intake Structures

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes activities
				related to the construction or modification of outfall structures and
				associated intake structures, where the effluent from the outfall is
				authorized, conditionally authorized, or specifically exempted by, or otherwise
				in compliance with regulations issued under Part I of Chapter 403,
				F.S.
(2) This general permit does
				not authorize the construction of intake structures, unless they are directly
				associated with an authorized outfall structure.
(3) Notification: The permittee must submit a
				notice to the Agency prior to commencing the activity.
Editor notes:
The effective date of the rule will be
				  the effective date of assumption, which is the date identified by EPA as
				  published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118 (1),
					 373.4131,
					 373.414(9),
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented 373.118,
					  373.129,
					  373.136,
					  373.413,
					  373.4131,
					  373.414,
					  373.4145,
					  373.4146,
					  373.416,
					  373.422,
					  373.423,
					  373.429 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.215 - General Permit for Utility Line Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Activities required
				for the construction, maintenance, repair, and removal of utility lines and
				associated facilities in state-assumed waters, provided the activity does not
				result in the loss of greater than 1/2-acre of state-assumed waters for each
				single and complete project.
1. A "utility
				line" is defined as any pipe or pipeline for the transportation of any gaseous,
				liquid, liquescent, or slurry substance, for any purpose, and any cable, line,
				or wire for the transmission for any purpose of electrical energy, telephone,
				and telegraph messages, and internet, radio, and television communication. The
				term "utility line" does not include activities that drain a state-assumed
				water, such as drainage tile or French drains, but it does apply to pipes
				conveying drainage from another area.
2. Material resulting from trench excavation
				may be temporarily sidecast into state-assumed waters for no more than three
				months, provided the material is not placed in such a manner that it is
				dispersed by stormwater or other forces. The Agency may extend the period of
				temporary side casting for no more than a total of 180 days, where appropriate.
				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. The trench cannot be constructed or backfilled in such a
				manner as to drain state-assumed waters (e.g., backfilling with extensive
				gravel layers, creating a French drain effect).
3. Any exposed slopes and stream banks must
				be stabilized immediately upon completion of the utility line crossing of each
				waterbody.
4. For overhead utility
				lines authorized by this general permit, a copy of the notice will be provided
				to the Department of Defense Siting Clearinghouse, which will evaluate
				potential effects on military activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.216 - General Permit for Bank Stabilization

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Bank stabilization
				activities necessary for erosion control or prevention, such as vegetative
				stabilization, bioengineering, sills, rip rap, revetment, gabion baskets,
				stream barbs, and bulkheads, or combinations of bank stabilization techniques,
				provided the activity meets all of the following criteria:
1. No material is placed in excess of the
				minimum needed for erosion protection;
2. The activity is no more than 500 feet in
				length along the bank, unless the Agency waives this criterion by making a
				written determination concluding that the activity will result in no more than
				minimal adverse environmental effects (an exception is for bulkheads - the
				Agency cannot issue a waiver for a bulkhead that is greater than 1, 000 feet in
				length along the bank);
3. The
				activity will not exceed an average of one cubic yard per running foot, as
				measured along the length of the treated bank, below the plane of the mean or
				ordinary high water line, unless the Agency waives this criterion by making a
				written determination concluding that the activity will result in no more than
				minimal adverse environmental effects;
4. The activity does not involve dredging or
				filling into special aquatic sites, unless the Agency waives this criterion by
				making a written determination concluding that the activity will result in no
				more than minimal adverse environmental effects;
5. No material is of a type, or is placed in
				any location, or in any manner, that will impair surface water flow into or out
				of any state-assumed water;
6. No
				material is placed in a manner that will be eroded by normal or expected high
				flows (properly anchored native trees and treetops may be used in low energy
				areas);
7. Native plants
				appropriate for current site conditions, including salinity, must be used for
				bioengineering or vegetative bank stabilization;
8. The activity is not a stream
				channelization activity; and
9. The
				activity must be properly maintained, which may require repairing it after
				severe storms or erosion events.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.217 - General Permit for Linear Transportation Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Activities required
				for crossings of state-assumed waters associated with the construction,
				expansion, modification, or improvement of linear transportation projects
				(e.g., roads, highways, railways, trails, airport runways, and taxiways) in
				state-assumed waters.
1. The activity cannot
				cause the loss of greater than 1/2-acre of state-assumed waters.
2. Any stream channel modification, including
				bank stabilization, is limited to the minimum necessary to construct or protect
				the linear transportation project; such modifications must be in the immediate
				vicinity of the project.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.218 - General Permit for Return Water from Upland Contained Disposal Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes return
				water from an upland contained dredged material disposal area, when:
(a) The return water will not adversely
				affect the quality of receiving waters such that the state water quality
				standards set forth in Chapters 62-4, 62-302, 62-520, 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., will be violated;
(b) The return water is not part of an
				activity that requires an individual permit (if so, return water will be
				addressed within the individual permit).
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
												373.4146,
				  F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.219 - General Permit for Hydropower Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes dredging
				or filling associated with hydropower projects having:
(a) Less than 5000 kW of total generating
				capacity at existing reservoirs, where the project, including the fill, is
				licensed by the Federal Energy Regulatory Commission (FERC) under the Federal
				Power Act of 1920; or
(b) A
				licensing exemption granted by the FERC pursuant to section 408 of the Energy
				Security Act of 1980 (16 U.S.C. §§
											2705 and 2708) and section 30 of
				the Federal Power Act.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.220 - General Permit for Minor Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes minor
				dredge or fill activities in state-assumed waters, provided the activity meets
				all of the following criteria:
(a) The
				quantity of fill and the volume of material excavated do not exceed 25 cubic
				yards below the plane of the mean or ordinary high water line;
(b) The activity will not cause the loss of
				more than 1/10-acre of state-assumed waters; and
(c) The activity is not conducted for the
				purpose of a stream diversion.