Fla. Admin. Code Ann. R. 62-330.463 - General Permit for Breaching Mosquito Control Impoundments and for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies
(1) A general permit is
granted to any governmental mosquito control agency to construct and operate
culverts and associated water control structures for the control of water
levels in mosquito control impoundments, and to breach mosquito control
impoundments, provided:
(a) The work is done
only to provide improved transport of tidal water and organisms between the
impounded wetland and adjacent surface waters or between cells within existing
mosquito control impoundments for the purpose of improving water quality and
the quality of fish and wildlife values;
(b) The work is not required as mitigation
under Part IV of Chapter 373, F.S.;
(c) Breaches, culverts and associated water
control structures shall be installed in locations that restore historic flow
patterns, such as at or adjacent to historic locations of tidal creeks, and
shall be located and operated such that state water quality standards shall not
be violated in the receiving waters outside the impoundment;
(d) Culverts and associated water control
structures shall either be left open year-round or shall be only seasonally
closed as necessary to control mosquito breeding and to minimize the
application of pesticides;
(e)
Culverts and water control structures shall not be constructed in the locations
of existing breaches of the impoundment dike;
(f) Culverts and water control structures
shall be made of a corrosion resistant material;
(g) The diameter and invert elevation of
culverts and water control structures shall be sufficient to maintain flow and
prevent scouring under expected hydrologic conditions;
(h) Spoil material excavated during
construction of the breaches shall be handled and deposited so as to prevent
violations of state water quality standards for turbidity, and shall be
contained in a self-contained upland disposal site; and,
(i) Wetlands disturbed by construction shall
be stabilized with indigenous wetland vegetation or clean riprap, and the
uplands disturbed by construction shall be stabilized with vegetation, riprap,
or other means.
(2) The
Agency shall send a copy of the notice to use this general permit to the
Chairman of the Subcommittee on Managed Marshes which is established under
Section 388.46,
F.S.
Notes
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 62-341.463, Amended 10-1-13.
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