Fla. Admin. Code Ann. R. 62-330.631 - General Permit to Governmental Entities for Limited Environmental Restoration or Enhancement Activities

(1) A general permit is granted to governmental entities to construct, operate, alter, or maintain projects for environmental restoration or enhancement, subject to the limitations and conditions of this section. For purposes of this rule, "environmental restoration and enhancement" means activities conducted to improve the habitat value of wetlands or surface waters for fish and wildlife by eliminating harmful drainage, improving water quality, preventing erosion, stabilizing eroding shorelines, planting wetland vegetation, removing spoil, removing exotic and nuisance vegetation, providing structural habitat, and restoring dredged holes to elevations before they were dredged. The following activities are authorized:

(a) Restoration of an eroding shoreline or the enhancement of a disturbed or altered shoreline by planting appropriate native vegetation in accordance with the following:

1. Preparing grades and contours for planting with no net addition or removal of material.

2. Plantings shall consist of native wetland plant species obtained from commercially-grown stock that is native to the geographic area of the project.

3. All invasive and exotic plant species that occur along the shoreline within the project area are removed in conjunction with the planting.

4. If temporary wave attenuation is needed to protect and ensure survivability of the plantings, turbidity curtains shall be installed and maintained immediately waterward of, and parallel to, the planting area, but must be removed within three months after completion of planting.

5. If permanent wave attenuation is required to maintain shoreline vegetation, an oyster reef or riprap breakwater is authorized to be constructed within tidal waters concurrent with the planting, provided that:

a. The breakwater shall not impede navigation or create a navigational hazard. The outer edge of the breakwater shall be located no more than 15 feet waterward of the mean high water line and have a top height of one foot or less above the mean high water elevation.

b. The breakwater shall be composed of riprap or natural oyster shell cultch such as clean oyster shell and fossilized oyster shell, or combination thereof. Oyster shell shall be packaged within biodegradable bags (e.g., coir fiber) or mesh bags, or securely attached to matting prior to placement in the water to prevent movement of shell out of the project area.

c. The breakwater shall be placed in units so that there is at least one opening measuring at least five feet in width located every 75 linear feet along the breakwater, with a minimum of one opening to allow the flow of water, and the passage of fish and aquatic wildlife.

d. If the breakwater and plantings are located in front of an existing seawall or bulkhead, placement of clean fill for the sole purpose of planting wetland vegetation is authorized, provided that stabilizing riprap or an oyster reef breakwater supports the fill at no more than a two horizontal to one vertical slope and the total area of fill is less than one acre.

(b) Placement of riprap or clean oyster shell, underlain with geotextile filter fabric, within 10 feet waterward of the mean or ordinary high water line of an eroding shoreline. Oyster shell shall be packaged within mesh bags, or securely attached to matting prior to placement in the water to prevent movement of shell out of the project area. Where the shoreline is undercut, sandbags or geotubes filled with sand or hardened concrete placed over geotextile fabric are authorized to prepare the slope for placement of the riprap or oyster shell.

(c) Backfilling, plugging, or installation of weirs within existing drainage ditches or swales, without piping, for the purpose of restoring the hydroperiod of wetlands or other surface waters, and/or the groundwater in uplands, within publicly-owned lands, provided the ditches to be filled are not connected to upstream offsite ditches or canals. Any proposed backfilling, plugging or weir installation shall be supported by a determination, signed and sealed by a registered professional, that such activities will not cause adverse flooding to off-site property.

(d) Scrape down of spoil islands to an intertidal elevation or a lower elevation at which light penetration is expected to allow for seagrass or other native submerged aquatic vegetation recruitment, provided the total area does not exceed 10 acres.

(e) Backfilling of existing dredge holes that are at least five feet deeper than surrounding natural grades to an elevation which is expected to allow for seagrass recruitment, with no displacement of highly organic sediments, provided the total area does not exceed 10 acres.

(f) Placement of rock riprap or clean concrete in existing dredge holes that are at least five feet deeper than surrounding natural grades to enhance habitat values, provided that placed rock or concrete does not extend to within one foot of surrounding natural grades, and the total area does not exceed five acres.

(g) Removal of exotic and nuisance species to allow for the activities listed in paragraphs (1)(a) through (d), above.

(h) Restoration of prop scars and blow holes through previously vegetated grassbeds, including use of sand-filled bags to restore historical natural grades and replanting of seagrass collected from upland nursery sources or donor sites previously permitted under Part IV of Chapter 373, F.S., for this purpose. Bird stakes may be temporarily placed within the restoration area to promote seagrass growth in settings where, based on best available scientific information, the Agency determines that phosphorus is a limiting nutrient for seagrass growth. Bird stakes, if used, shall be installed no closer than six feet apart and shall be removed within 18 months of initial placement.

(2) To qualify for this general permit, the activity must comply with all the following:

(a) The project shall not be considered as mitigation for any other activity.

(b) The project shall not be located within an Aquatic Preserve.

(c) The project shall not include placement of fill, riprap, or any type of breakwater over or within three feet of an area of greater than one percent coverage by emergent or submerged natural resources, or placement of fill material within smalltooth sawfish critical habitat, as designated by the U.S. National Marine Fisheries Service. For purposes of this general permit, the term "emergent or submerged natural resources" includes freshwater and marine herbaceous and forested wetland vegetation, seagrass, coral, sponge, oyster beds, and other submerged aquatic vegetation.

(d) The governmental entity shall submit scaled and dimensioned project plans, signed and sealed by a registered professional, showing the entire project area and all proposed activities within the project area. In addition, project plan-view drawings shall be submitted showing the locations of all existing emergent and submerged natural resource communities, however, these community-depiction drawings are not required to be signed and sealed by a registered professional.

(e) Emergent or submerged natural resources, and other fresh water or marine ecological communities shall not be adversely affected and the ecology of such communities shall directly benefit from the authorized activity, as affirmatively agreed to by the Agency after review of the submitted notice and project plans. To facilitate this review, a pre-application meeting with the Agency must be held in advance of submitting notice to use this general permit.

(3) This general permit shall be subject to the following specific conditions.

(a) All disturbed areas, including intertidal slopes, shall be stabilized and re-vegetated with appropriate non-invasive, annual ground cover vegetation within 72 hours after completion of construction. Subsequently, the areas shall be planted and maintained as necessary to ensure that there is at least 33 percent cover of planted or naturally re-established native wetland or upland plant species within 18 months of completion of authorized work. The areas shall also be maintained free of exotic invasive species.

(b) Riprap material shall be clean limestone, granite, other native rock, or clean rebar-free concrete rubble measuring one foot to three feet in diameter.

(c) Except as otherwise allowed under this general permit, fill material used to backfill dredge holes or planting areas shall comply with the standard of not more than 10 percent of the material passing through a number 200 standard sieve and containing no more than 10 percent organic content, and be free of contaminants that cause violations of state water quality standards.

(d) Turbidity shall be monitored at least twice daily during construction. Monitoring records shall be maintained and available for inspection by the Agency for the period of in-water construction and an additional 90 days beyond in-water construction.

Notes

Fla. Admin. Code Ann. R. 62-330.631

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.4131 FS. Law Implemented 253.034(1), 373.118, 373.406(5), 373.4131, 373.414(9), 403.814(1) FS.

New 10-1-13, Amended by Florida Register Volume 44, Number 085, May 1, 2018 effective 6/1/2018.

New 10-1-13, Amended 6-1-18.