(1) This
general permit authorizes dredging or filling in state-assumed waters for the
construction, expansion, modification, or removal of water-based wind,
water-based solar, wave energy, or hydrokinetic renewable energy generation
pilot projects and their attendant features.
(a) Attendant features may include, but are
not limited to, land-based collection and distribution facilities, control
facilities, roads, parking lots, and stormwater management
facilities.
(b) For the purposes of
this general permit, the term "pilot project" means an experimental project
where the water-based renewable energy generation units will be monitored to
collect information on their performance and environmental effects at the
project site.
(2) This
general permit is subject to the following conditions:
(a) The activity must not cause the loss of
greater than 1/2-acre of state-assumed waters, including the loss of more than
300 linear feet of stream bed, unless for intermittent and ephemeral stream
beds when 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 general permit activity cannot exceed 1/2-acre.
(c) For each single and complete project, no
more than 10 generation units (e.g., wind turbines, wave energy devices, or
hydrokinetic devices) are authorized.
(d) For floating solar panels, each single
and complete project cannot exceed 1/2- acre in water surface area covered by
the floating solar panels.
(e) Upon
completion of the pilot project, the generation units, transmission lines, and
other structures or fills associated with the pilot project must be removed to
the maximum extent practicable unless they are authorized by a separate
authorization under this Chapter. Completion of the pilot project will be
identified as the date of expiration of the Federal Energy Regulatory
Commission (FERC) license, or the expiration date of the general permit
authorization if no FERC license is required.
(3) This general permit is not applicable
within Designated Critical Resource Waters or other state and federally managed
areas such as marine sanctuaries, Habitat Areas of Particular Concern (HAPC),
aquatic preserves, and parks.
(4)
The permittee must submit a notice of intent to use this general permit to the
Agency prior to commencing the activity.
(5) Utility lines constructed to transfer the
energy from the land-based collection 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 general permit Rule
62-331.215, F.A.C., or another
authorization under this chapter.
(6) An activity that is located on an
existing locally or federally maintained U.S. Army Corps of Engineers project
requires separate approval from the Chief of Engineers or District Engineer
under 33 U.S.C. §
408. The permittee is responsible for
obtaining such approval separately from the Corps.
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 §
373.4146,
F.S.
