Fla. Admin. Code Ann. R. 62-330.501 - General Permit for Temporary Agricultural Activities within the South Florida Water Management District

(1) A general permit is granted to any property owner for temporary agricultural activities within the South Florida Water Management District, provided all the following criteria are met.

(a) Agricultural activities shall be horticultural and limited to seasonal crops. Seasonal crops are harvested in one growing season, which shall not exceed one year.

(b) This permit is valid only for activities in existing improved or semi-improved pastures or fields that have been cultivated within the last five years. For purposes of this section, improved or semi-improved pastures are lands that have been cleared of native plants by mechanical means.

(c) For purposes of this section, the project area and scope is defined as both farmed and detention areas. In order to qualify for a permit under this section, the project area shall not exceed 320 contiguous acres.

(d) The project outfall structure must be located more than 1 mile from Outstanding Florida Waters.

(e) No works or farming activities shall occur within 50 feet of a wetland as defined in Section 373.019(27), F.S. If wetlands are located within the project area, a minimum 50-foot undisturbed buffer must be maintained around the wetland.

(f) Pump rates shall not exceed a volume of 2 inches per day at a rate of 37.7 gallons per minute per acre of farmed area. Pump on/off elevations shall be within 2.5 feet of natural ground within the farmed area. All surface water discharges shall be into detention areas.

(g) Water levels in the detention areas shall not exceed a depth of 1.5 feet above natural ground within the detention area.

(h) Water quality and attenuation requirements shall be met by establishing detention areas at a minimum of fifteen percent of the farmed area.

(i) If wetlands are located within a detention area, then the control elevation of the detention area shall be set at the wetland edge elevation. If no wetlands are located within a detention area, then the control elevation shall be set at natural ground elevation.

(j) Control structures shall be sized according to the following list depending on the project size.

Project Size	Control Structure
0-25 acres	6'' riser and 12'' pipe equivalent
26-65 acres	12'' riser and 12'' pipe equivalent
66-105 acres	18'' riser and 18'' pipe equivalent
106-145 acres	24'' riser and 24'' pipe equivalent
146-185 acres	30'' riser and 30'' pipe equivalent
186-225 acres	36'' riser and 36'' pipe equivalent
226-265 acres	42'' riser and 42'' pipe equivalent
266-305 acres	48'' riser and 48'' pipe equivalent
306-320 acres	54'' riser and 54'' pipe equivalent

(k) The minimum setback between the project edge and the property boundary line shall be 50 feet for all projects.

(l) Discharges shall be to the existing pre-project surface water conveyance pathway. Existing sheetflow, if any, shall be maintained through the use of a spreader swale.

(m) Detention area dikes shall be constructed with a top elevation of 3.5 feet above the control elevation with a minimum 5 foot top width and side slopes of two horizontal to one vertical.

(n) Internal farm ditches shall be no deeper than 3 feet below natural ground elevation (excluding sump areas for pump placement which shall not be deeper than 6 feet below natural ground elevation).

(o) External perimeter berms of the farmed areas shall not exceed 2 feet in height.

(p) Farming areas must be laid out in a manner that will not block or impede off-site flows.

(q) Access to the fields shall be accomplished by existing roads. Roads into or on the project are not part of this authorization.

(2) The entity must submit a best management plan that addresses sediment control, soil erosion, nutrients, pesticides, herbicides, suspended solids at points of discharge and other agricultural practices appropriate to crop and site conditions. At a minimum the best management plan must include the following best management practices.

(a) Application equipment shall be properly calibrated and in good repair.

(b) Pesticides and fertilizers shall be stored in a secure, contained location, protected from rainfall. Fertilizers and pesticides shall not be stored together.

(c) All mixing and loading operations shall be conducted away from wells, ditches and wetlands.

(d) Pesticide containers shall be rinsed as soon as they are empty. Containers shall be disposed of in accordance with directions on the label.

(e) Equipment shall be used that directs chemicals only to a designated target area. Overspray or application into ditches and wetland buffer areas shall be avoided.

(f) Spills shall be cleaned up as soon as possible.

(g) Equipment shall be cleaned and rinsed away from ditches and wetland buffers.

(h) A soil or leaf analysis shall be used to determine fertilizer application requirements.

(i) Apply seed and mulch or use other methods to stabilize the disturbed areas outside of the planted area within 14 days from the completion of planting.

(j) Install silt fences around wetland buffer areas prior to construction.

(k) Install silt fences, hay bales or equivalent downstream of outfall structure during construction.

(3) The duration of this permit shall not exceed three years. No more than two years of the permit duration shall be dedicated to the planting and harvesting of crops. The remainder of the duration of the permit must be dedicated to fallow time. At the end of the growing season specified in the permit, all works shall be removed from the site and the site returned to the condition that existed prior to permit issuance. The site shall remain fallow the following year. Within 30 days of the permit expiration, the permittee shall provide written notification to the South Florida Water Management District that the project has been restored to conditions that existed prior to permit issuance.

Notes

Fla. Admin. Code Ann. R. 62-330.501

Rulemaking Authority 373.044, 373.113, 373.118, 373.4131 FS. Law Implemented 120.60, 373.118, 373.119, 373.413, 373.4131, 373.416, 373.418, 373.423 FS.

New 10-1-13.

New 10-1-13.