(1) This general permit
authorizes dredging or filling in state-assumed waters for the construction or
expansion of commercial and institutional building foundations and building
pads and attendant features that are necessary for the use and maintenance of
the structures.
(a) Attendant features may
include, but are not limited to, roads, parking lots, garages, yards, utility
lines, storm water management facilities, wastewater treatment facilities, and
recreation facilities such as playgrounds and playing fields.
(b) Examples of commercial developments
include retail stores, industrial facilities, restaurants, business parks, and
shopping centers.
(c) Examples of
institutional developments include schools, fire stations, government office
buildings, judicial buildings, public works buildings, libraries, hospitals,
and places of worship.
(2) This general permit does not authorize:
(a) The construction of new golf courses and
new ski areas.
(b) Dredging or
filling in non-tidal wetlands adjacent to tidal retained waters.
(c) Activities within Golden Gate Estates,
south of Alligator Alley in Collier County.
(d) Activities within the Belle Meade South
bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and
U.S. 41 to the south in Collier County.
(e) Activities in the Florida panther
consultation area (south of the Caloosahatchee River) as defined in the Florida
panther effect determination key, incorporated by reference in paragraph
62-331.227(3)(d),
F.A.C., and also available at
https://www.fws.gov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKey.pdf.
(3) This general permit is subject to the
following conditions:
(a) The activity must
not cause the loss of greater than 1/2-acre of state-assumed waters.
(b) The activity must not cause the loss of
more than 300 linear feet of stream bed, unless for intermittent and ephemeral
stream beds the Agency waives the 300 linear foot limit by making a written
determination concluding that the activity will result in no more than minimal
adverse environmental effects.
(c)
The loss of stream bed plus any other losses of state-assumed waters caused by
the general permit activity cannot exceed 1/2-acre.
(4) The permittee must submit a notice of
intent to use this general permit to the Agency prior to commencing the
activity.
(5) For any activity that
involves the construction of a wind energy generating structure, solar tower,
or overhead transmission line, a copy of the Notice and general permit
verification will be provided to the Department of Defense Siting
Clearinghouse, which will evaluate potential effects on military activities.
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.
