(1) This general permit authorizes activities
in ditches that:
(a) Are constructed in
uplands,
(b) Receive water from an
area determined to be a water of the United States prior to the construction of
the ditch,
(c) Divert water to an
area determined to be a water of the United States prior to the construction of
the ditch, and
(d) Are determined
to be state-assumed waters.
(2) This general permit does not authorize:
(a) Dredging or filling in ditches
constructed in streams or other state-assumed waters, or in streams that have
been relocated in uplands.
(b)
Activities that increase the capacity of the ditch and drain those areas
determined to be state-assumed waters prior to construction of the
ditch.
(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 authorized activities are subject to
the condition that the activity must not cause the loss of greater than one
acre of state-assumed waters.
(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. 62-331.243
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.
