Fla. Admin. Code Ann. R. 40A-44.052 - Authorization for Certain Forestry Projects

(1) Authorization is hereby granted, subject to the general and specific conditions of this section, to any person who is engaged in forestry operations to conduct the minor works described below:

(a) Culvert placement, replacement and maintenance, in streams of less than 10 cubic feet per second average discharge at the culvert location or streams draining less than 10 square miles, except for culverts associated with low water crossings, provided that construction does not cause scour in the downstream waters or increase the velocity of the water downstream.

(b) Bridge construction, replacement and maintenance for structures up to 400 feet in length and two lanes or less in width supported by pilings or trestles where the effects of pollutants discharged into open waters can be minimized.

(c) Construction and maintenance of low water crossings (hard surface crossings over which water flows during storm events or immediately thereafter) provided construction does not cause scour in the downstream waters or increase the velocity of the water downstream.

(d) Temporary stream channel diversions necessary to complete projects detailed in paragraphs (a), (b) and (c), above, provided the area used for the temporary diversion is restored to its previous contours and elevations.

(e) Channel clearing and shaping to facilitate maximum hydraulic efficiency of designed structure detailed in paragraphs (a), (b) and (c), above.

(f) Site preparation and access roads on existing forestry lands including any ditch constructed or maintained with a total cross-sectional area at the outfall of less than 35 square feet when a berm or buffer zone of vegetation separates the site being prepared and the open water. Where an access road crosses open water, the crossing construction shall be in accordance with paragraph (a), (b), (c), (d) or (e), above.

(2) Prior to the construction, replacement, or maintenance of a minor forestry work authorized under this section, notice shall be given to the District as follows:

(a) A completed Forestry Authorization Notification Form, No. A44-F, effective 7-1-92, which is hereby incorporated by reference, and copies of which can be obtained from http://www.flrules.org/Gateway/Reference.asp?No=Ref-02969, the District office identified below, or by electronic submittal at the District's website www.nwfwater.com, shall be submitted to the District no less than two (2) working days prior to the commencement of work. For notification forms mailed to the District, the postmark date shall be the date of submittal.

(b) Emergency notification will be allowed under this section provided the District receives a completed Forestry Authorization Notification Form or is notified by telephone prior to the commencement of work. Telephone notification shall be followed by submittal of a completed Forestry Authorization Notification Form no less than two (2) working days after such telephone notification. A serious set of unforeseen or unforeseeable circumstances must exist to create an emergency. Mere carelessness or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of emergency authorizations.

(c) All forestry authorization notifications shall be made to the District office identified below:

Northwest Florida Water Management District

DeFuniak Springs Field Office

700 US Highway 331 S

DeFuniak Springs, FL 32435

(d) The person seeking an authorization, in lieu of an individual project notification, may submit a yearly work plan authorization request. The required plan shall be filed with the DeFuniak Springs Service Office and shall identify the type, location and implementation timetable for each proposed minor work authorized under the provisions of this section. Yearly work plans shall be submitted thirty (30) days prior to the commencement of the implementation of the identified works and may be modified under individual project authorizations.

(3) This authorization shall be subject to the general conditions of subsection 40A-44.301(2), F.A.C, and the following specific conditions:

(a) Notice has been filed with the District as provided for in subsection 40A-44.052(2), F.A.C.

(b) The person shall use Best Management Practices for Forestry as defined in subsection 40A-44.021(2), F.A.C.

(c) The person shall stabilize fill areas and stream banks disturbed by the activity by revegetation or riprap as appropriate.

(d) The person shall limit stream channel relocation to streams which have an average annual discharge of 10 cubic feet per second or less. The length of relocated channels or those significantly altered shall be limited to 200 feet 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.

(e) The person shall limit bridge construction to those bridges spanning bank to bank with no causeway approaches in the floodplain unless there are sufficient culverts in the causeway to prevent downstream scour or increase in the velocity of the water downstream. This limitation does not apply to maintenance of existing bridges or to the construction of temporary log and pole bridges.

(f) The person shall limit crossings of any particular stream to an average of one every 1/2 mile.

(4) This authorization does not apply to activities which convert waters in the state to uplands by draining the land, site preparation or other practices designed to bring an area not used for forestry into such use or forest land into other uses. However, it shall apply to activities on areas lying fallow as part of a conventional rotation cycle of an established forestry operation. An operation ceases to be established when the area on which it was conducted has been converted to another use or has lain idle more than 5 years.

(5) If at any time the District discovers that an Authorization has been used to conduct minor forestry works which do not qualify for an Authorization under this section, or an authorized activity is not being conducted in accordance with the conditions described in this section, the District shall either require application for a permit pursuant to Chapter 62-330, 40A-6 or 40A-44, F.A.C., or shall take administrative or judicial enforcement action, or any combination thereof, as it deems appropriate.

Notes

Fla. Admin. Code Ann. R. 40A-44.052

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS.

New 10-1-84, Amended 9-15-86, 8-1-89, 7-1-92, 8-6-13, Amended by Florida Register Volume 43, Number 050, March 14, 2017 effective 3/27/2017.

New 10-1-84, Amended 9-15-86, 8-1-89, 7-1-92, 8-6-13, 3-27-17.