Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.200 - Policy and Purpose of General Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The general permits apply to those
				activities that do not otherwise qualify for an exemption under subsection
				 62-331.020(1),
				F.A.C., and that qualify under the general permit requirements in this section
				and within the specific general permit for which notice of intent to use a
				general permit is given.
(2)
				General permits authorize activities that, if conducted consistent with the
				permit requirements, will cause only minimal individual and cumulative adverse
				environmental effects. Compensatory mitigation shall be required, when
				necessary, to offset impacts authorized under a general permit, unless the
				general permit specifically states otherwise. Any required compensatory
				mitigation must comply with provisions in Rule
				 62-331.130, F.A.C., and section
				8.5 of the 404 Handbook.
(3) If
				required, notice of intent to use the general permit shall be given pursuant to
				subsection  62-330.402(1),
				F.A.C., and section 4.3 of the 404 Handbook, and acted upon in accordance with
				subsection  62-330.402(4),
				F.A.C., section 5.0 of the 404 Handbook, and this section. Submittal of a
				notice of intent to the Agency is required if:
(a) Indicated in the general
				permit;
(b) The activity requires a
				notification or authorization under Chapter 62-330, F.A.C.;
(c) The project is in state-assumed waters
				accessible to any state or federal listed species;
(d) The activity is adjacent to the river
				segments identified in the Nationwide Rivers Inventory:
https://www.nps.gov/ncrc/programs/rtca/nri/index.html
;
(e) The activity is in the Florida
				Keys;
(f) The project is adjacent
				to a federal project;
(g) The
				project is adjacent to or may impact Tribal lands or Tribal Trust
				Resources;
(h) The project is
				within six miles of the Seminole Tribe of Florida's Big Cypress or Brighton
				Reservations; within two miles of the Seminole Tribe of Florida's Immokalee,
				Lakeland, or Fort Pierce Reservations; within one mile of the Seminole Tribe of
				Florida's Tampa, Coconut Creek, or Hollywood Reservations; within the Seminole
				Tribe's reserved rights areas, including but not limited to: within Big Cypress
				National Preserve; within Big Cypress National Preserve addition lands; within
				Everglades National Park; within Rotenberger Wildlife Management Area; or
				within Water Conservation Area 3-A;
(i) The project is within two miles of the
				Miccosukee Federal Reservation; Miccosukee Reserve Area; Krome Avenue, Dade
				Corners, Cherry Ranch, or Sherrod Ranch Reservations; and Coral Way, Lambick,
				or Sema Trust Properties. Also for any activity within the Miccosukee Tribe's
				reserved rights areas, including but not limited to: within Big Cypress
				National Preserve; within Big Cypress National Preserve addition lands; within
				Everglades National Park; within Rotenberger Wildlife Management Area; or
				within Water Conservation Area 3-A; or
(j) The State Historic Preservation Office
				(SHPO) determines that the Florida Master Site File (FMSF) includes a historic
				property within 50 meters of the project area that is listed on, determined to
				be eligible for listing on, or potentially eligible for listing on the National
				Register of Historic Places. To obtain this determination, any person who
				intends to use a general permit that does not otherwise require notice shall
				contact the FMSF to conduct a historic properties search. The applicant shall
				provide the FMSF with a description of project area, project area map, and
				Section/Township/Range and/or latitude/longitude coordinates to
				sitefile@dos.myflorida.com or contact the FMSF office at (850)245-6440.
1. Where the FMSF Report for the property (or
				all properties if more than one) shows the SHPO Evaluation ('SHPO Eval' column)
				to be "Not Eligible" and also shows the property(ies) are not listed or
				proposed for listing on the National Register of Historic Places ('NR Status'
				column), and notice is not otherwise required under this section, then
				submittal of a notice of intent is not required.
2. Notice is required if the applicant has
				knowledge of a historic property that is listed on, determined to be eligible
				for listing on, or potentially eligible for listing on the National Register of
				Historic Places, including previously unidentified
				properties.