(1) This general permit authorizes activities
undertaken, assisted, authorized, regulated, funded, or financed, in whole or
in part, by a federal agency or department, where:
(a) That agency or department has determined,
pursuant to the Council on Environmental Quality's implementing regulations for
the National Environmental Policy Act, that the activity is categorically
excluded from the requirement to prepare an environmental impact statement or
environmental assessment analysis, because it is included within a category of
actions which neither individually nor cumulatively have a significant effect
on the human environment; and
(b)
The Office of the Chief of Engineers (Corps) has concurred that the activity is
categorically excluded. The list of activity types for which the Office of the
Chief of Engineers has concurred categorical exclusion can be found in the
current Corps' Regulatory Guidance Letter (RGL) regarding categorical
exclusions. Current RGLs can be found online in the Corps' Jacksonville
District Regulatory Division Sourcebook.
(2) Use of this general permit is subject to
any specific conditions required by the Agency or listed in the current RGL by
the Office of the Chief of Engineers.
(3) The permittee must submit a notice of
intent to use this general permit to the Agency prior to commencing the
activity if the current RGL regarding categorical exclusions require submittal
of a pre-construction notice for the activity;
Editor notes:
The effective date of the
rule will be the effective date of assumption, which is the date identified by
EPA as published in the Federal Register ยง
373.4146,
F.S.
Notes
Fla. Admin.
Code Ann. R. 62-331.223
Rulemaking Authority 373.026(7), 373.043,
373.118 (1), 373.4131,
373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118,
373.129,
373.136,
373.413,
373.4131,
373.414,
373.4145,
373.4146,
373.416,
373.422,
373.423,
373.429
FS.
Adopted by
Florida
Register Volume 46, Number 117, June 16, 2020 effective
12/22/2020.
