(1) This general permit
authorizes dredging or filling in state-assumed waters for the construction,
expansion, or modification of land-based renewable energy production
facilities, including attendant features.
(a)
Such facilities include infrastructure to collect solar (concentrating solar
power and photovoltaic), wind, biomass, or geothermal energy.
(b) Attendant features may include, but are
not limited to roads, parking lots, and stormwater management facilities within
the land-based renewable energy generation facility.
(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 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.
(3) The activities 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 if the activity results in the loss of greater than 1/10- acre of
state-assumed waters.
(5) Utility
lines constructed to transfer the energy from the land-based renewable energy
generation facility to a distribution system, regional grid, or other facility
are generally considered to be linear projects and each separate and distant
crossing of a waterbody is eligible for treatment as a separate single and
complete linear project. Those utility lines may be authorized by the general
permit in Rule
62-331.215, F.A.C.
(6) 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.