Fla. Admin. Code Ann. R. 62-331.225 - General Permit for Aquatic Habitat Restoration, Enhancement, and Creation Activities

(1) This general permit authorizes the following activities:

(a) Activities in state-assumed waters associated with the restoration, enhancement, and creation of non-tidal wetlands and riparian areas, the restoration and enhancement of streams and other open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that an activity requires a Section 404 permit, the activities authorized by this general permit, include, but are not limited to:

1. The removal of accumulated sediments;

2. The installation, removal, and maintenance of small water control structures, dikes, and berms, as well as dredging or filling to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed;

3. The installation of current deflectors;

4. The enhancement, rehabilitation, or re-establishment of riffle and pool stream structure;

5. The placement of in-stream habitat structures;

6. Modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders;

7. The removal of stream barriers, such as undersized culverts, fords, and grade control structures;

8. The backfilling of artificial channels;

9. The removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology;

10. The installation of structures or fills necessary to restore or enhance wetland or stream hydrology;

11. The construction of open water areas;

12. Activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species;

13. Re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed;

14. Mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation;

15. Other related activities.

(b) Relocation of waters, including wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services.

(2) This general permit does not authorize:

(a) The conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands, except for the relocation of waters on the project site. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type.

(b) Stream channelization.

(c) Lake restoration projects proposing any type of in-lake disposal of dredged or fill material.

(3) Authorized activities are subject to the following conditions:

(a) The aquatic habitat restoration, enhancement, or creation activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of an intact aquatic habitat or riparian area of the same type that exists in the region, or it may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area.

(b) Only native plant species shall be planted at the site.

(c) Reporting. For those activities that do not require submittal of a notice of intent, the permittee must submit a report the to the Agency at least 30 days prior to commencing activities in state-assumed waters authorized by this general permit. The report shall include:

1. Information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats; and

2. A copy of:

a. The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or creation agreement, or a project description, including project plans and location map;

b. The Natural Resources Conservation (NRCS) or U.S. Department of Agriculture (USDA) Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or creation action; or

c. The Surface Mining Control and Reclamation Act permit issued by Office of Surface Mining Reclamation and Enforcement or the applicable state agency.

(4) Compensatory mitigation is not required for activities authorized by this general permit since these activities must result in net increases in aquatic resource functions and services.

(5) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing any activity, except for the following activities:

(a) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or creation agreement between the landowner and the U.S. Fish and Wildlife Service (FWS), NRCS, the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), the U.S. Forest Service (USFS), or their designated state cooperating agencies; or

(b) Voluntary stream or wetland restoration or enhancement action, or wetland creation action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards.

(6) This general permit can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects.

(7) If a site is to be reverted back to its documented prior condition, when the reversion will be conducted as described in paragraphs (a) through (c), below, the agreement or general permit shall contain language specifically stating the intent to revert at a later date. The reversion activities will require authorization through the use of the general permit in Rule 62-331.226, F.A.C., or a State 404 Program individual permit for activities associated with reversion but outside of the scope of the original permit.

(a) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland creation agreement, between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or their designated state cooperating agencies; or

(b) As a component of voluntary wetland restoration, enhancement, and creation actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards.

(c) In state-assumed waters for reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or state agencies (even though the restoration, enhancement, or creation activity did not require a Section 404 permit).

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 § 373.4146, F.S.

Notes

Fla. Admin. Code Ann. R. 62-331.225

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 146, July 28, 2020 effective 12/22/2020.

New 12-22-20.