(1) This general permit authorizes dredging
or filling in state-assumed waters for mining activities, provided the activity
meets all of the following criteria:
(a) For
mining activities involving dredging or filling in wetlands, the activity must
not cause the loss of greater than 1/2-acre of wetlands;
(b) For mining activities involving dredging
or filling in open waters (e.g., streams, lakes, and ponds) the mined area,
including permanent and temporary impacts due to dredging or filling in
state-assumed waters, must not exceed 1/2-acre; and
(c) The acreage loss under subparagraph
(1)(a)1. plus, the acreage impact under subparagraph (1)(a)2. does not exceed
1/2-acre.
(2) This
general permit does not authorize:
(a)
Dredging or filling in non-tidal wetlands adjacent to tidal retained
waters.
(b) Activities within
Golden Gate Estates, south of Alligator Alley in Collier County.
(c) Activities in the Belle Meade North
bounded by I-75 to the south, Golden Gate Canal to the west, and Miller Canal
to the east, and 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,
Florida.
(d) Activities within the
Corkscrew Marsh Basin, south of S.R. 82, east of I-75 in Collier and Lee
Counties.
(3) The
authorized activities are subject to the following conditions:
(a) 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.
(b)
The loss of stream bed plus any other losses of state-assumed waters caused by
the activity cannot exceed 1/2-acre.
(4) A notice of intent to use this general
permit is required if reclamation is required by other laws. A copy of the
final reclamation plan must be submitted with the notice of intent.
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. 62-331.241
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.
