Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.210 - General Permit for Maintenance or Removal

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) The repair,
				rehabilitation, or replacement of any previously authorized, currently
				serviceable structure or fill, or of any currently serviceable structure or
				fill authorized by  33 CFR §
											330.3  as of July 1, 2019, incorporated by
				reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12074
),
				provided that the structure or fill is not to be put to uses differing from
				those uses specified or contemplated for it in the original permit or the most
				recently authorized modification. Minor deviations in the structure's
				configuration or filled area, including those due to changes in materials,
				construction techniques, requirements of other regulatory agencies, or current
				construction codes or safety standards that are necessary to make the repair,
				rehabilitation, or replacement are authorized.
(b) The removal of previously authorized
				structures or fills. Any stream channel modification is limited to the minimum
				necessary for the repair, rehabilitation, or replacement of the structure or
				fill; such modifications, including the removal of material from the stream
				channel, must be immediately adjacent to the project.
(c) The removal of accumulated sediment and
				debris within, and in the immediate vicinity of, the structure or
				fill.
(d) The repair,
				rehabilitation, or replacement of those structures or fills destroyed or
				damaged by storms, floods, fire or other discrete events, provided the repair,
				rehabilitation, or replacement is commenced, or is under contract to commence,
				within two years of the date of their destruction or damage. In cases of
				catastrophic events, such as hurricanes or tornadoes, this two-year limit may
				be waived by the Agency, provided the permittee can demonstrate funding,
				contract, or other similar delays.
(e) The removal of accumulated sediments and
				debris outside the immediate vicinity of existing structures (e.g., bridges,
				culverted road crossings, water intake structures, etc.). The removal of
				sediment is limited to the minimum necessary to restore the waterway in the
				vicinity of the structure to the approximate dimensions that existed when the
				structure was built but cannot extend farther than 200 feet in any direction
				from the structure. This 200-foot limit does not apply to maintenance dredging
				to remove accumulated sediments blocking or restricting outfall and intake
				structures. All dredged or excavated materials must be deposited and retained
				in an area that has no state-assumed waters unless otherwise specifically
				approved by the Agency under separate authorization.
(f) Temporary structures, fills, and work,
				including the use of temporary mats, necessary to conduct the maintenance
				activity. Appropriate measures must be taken to maintain normal downstream
				flows and minimize flooding to the maximum extent practicable, when temporary
				structures, work, and fill, including cofferdams, are necessary for
				construction activities, access fills, or dewatering of construction sites.
				Temporary fills must consist of materials, and be placed in a manner, that will
				not be eroded by expected high flows. After conducting the maintenance
				activity, temporary fills must be removed in their entirety and the affected
				areas returned to pre-construction elevations. The areas affected by temporary
				fills must be revegetated.