(1) This general permit authorizes dredging
or filling in state-assumed waters, excluding non-tidal wetlands adjacent to
tidal retained waters, to modify the cross-sectional configuration of currently
serviceable drainage ditches constructed in state-assumed waters, for the
purpose of improving water quality by regrading the drainage ditch with gentler
slopes, which can reduce erosion, increase growth of vegetation, and increase
uptake of nutrients and other substances by vegetation.
(2) The reshaping of the ditch cannot:
(a) Increase drainage capacity beyond the
original as-built capacity;
(b)
Expand the area drained by the ditch as originally constructed;
(c) Change the rate or volume of water
discharged from the site from original design capacity conditions.
(d) Cause erosion or sedimentation, or
violate state water quality standards.
(3) Compensatory mitigation is not required
because the work is designed to improve water quality.
(4) This general permit does not authorize:
(a) Relocation of drainage ditches
constructed in state-assumed waters; the location of the centerline of the
reshaped drainage ditch must be approximately the same as the location of the
centerline of the original drainage ditch.
(b) Stream channelization or stream
relocation projects.
(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).
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. 62-331.238
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.
