(1) This general permit
authorizes work done by or funded by:
(a) The
Natural Resources Conservation Service for a situation requiring immediate
action under its emergency Watershed Protection Program ( 7 CFR Part
624 (Jan.
1, 2019));
(b) The U.S. Forest
Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13
(Jan. 12, 1995));
(c) The
Department of the Interior for wildland fire management burned area emergency
stabilization and rehabilitation (DOI Manual part 620, Ch. 3 (Jan. 18,
2017));
(d) The Office of Surface
Mining, Reclamation and Enforcement, or states with approved programs, for
abandoned mine land reclamation activities under Title IV of the Surface Mining
Control and Reclamation Act or 30 CFR subchapter
R (July 1, 2019); or
(e) The Farm Service Agency under its
Emergency Conservation Program ( 7 CFR Part
701 (Jan. 1,
2019)).
(2) In general,
the prospective permittee shall wait until the Agency issues a general permit
verification or 45 calendar days have passed before proceeding with the
watershed protection and rehabilitation activity. However, in cases where there
is an unacceptable hazard to life or a significant loss of property or economic
hardship will occur, the emergency watershed protection and rehabilitation
activity may proceed immediately, and the Agency will consider the information
in the notice of intent to use this general permit and any comments received as
a result of agency coordination to decide whether the general permit
authorization should be modified, suspended, or revoked.
(3) Except in cases where delay would cause
an unacceptable hazard to life or a significant loss of property or economic
hardship will occur, the permittee must submit a notice of intent to the Agency
prior to commencing 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. 62-331.234
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.