(1) This general permit authorizes the
following activities:
(a) Dredging and
filling in state-assumed waters for agricultural activities, including the
construction of building pads for farm buildings. Authorized activities include
the installation, placement, or construction of drainage tiles, ditches, or
levees; mechanized land clearing; land leveling; the relocation of existing
serviceable drainage ditches constructed in state-assumed waters; and similar
activities.
(b) Construction of
farm ponds in state-assumed waters, excluding perennial streams, provided the
farm pond is used solely for agricultural purposes.
(c) Dredging or filling in state-assumed
waters to relocate existing serviceable drainage ditches constructed in
streams.
(2) This general
permit does not authorize:
(a) Construction of
aquaculture ponds.
(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) Projects that capture and store water,
such as Dispersed Water Management Projects (DWMP).
(3) The activities authorized by this general
permit are 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 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.
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. 62-331.237
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.
