62-330.495. General Permit for Low Water Crossings for Mining Activities

(1) A general permit is provided for any person engaged in or proposing to engage in the mining of a mineralized non-metallic ore to move equipment and vehicles, excluding dredges, through and across wetlands or other surface waters during periods of low water, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting, provided:

(a) The only dredging or filling performed shall be that caused by the movement of the vehicle or equipment through the water;

(b) The maximum water depth along the crossing shall not exceed two feet during the time the crossing is used;

(c) Vegetative debris shall not be deposited within wetlands and other surface waters;

(d) The lateral width of disturbance shall in no case exceed that necessary to move the vehicles and equipment through and across wetlands or other surface waters and shall in no case be greater than 50 feet; and

(e) The distance between crossings of an individual wetland or other surface waters shall be at least 5,000 feet, except at sites where a documented four-wheel vehicular access exists, in which case crossings may be at a spacing of 2,500 feet.

(2) This general permit shall be subject to the specific conditions as follows:

(a) The person wishing to use this general permit shall locate crossings at sites that will cause the least environmental impact. The permittee shall coordinate with the appropriate Department office;

(b) Upon restoration of an individual low water crossing site, the permittee shall at the end of the first growing season provide the opportunity for inspection of the site by the appropriate Department office staff. If satisfactory revegetation for the site has not occurred, the permittee shall initiate, conduct and maintain revegetation of the wetland. For the purpose of this general permit, “satisfactory revegetation” means that the herbaceous wetlands that are disturbed under this general permit shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within one growing season following disturbance of the site, and the forested wetlands that are disturbed under this general permit shall be achieving a survival and growth of not less than 400 wetland trees per acre within one growing season following disturbance of the site, and a maintenance plan has been developed and is being implemented to ensure the survival of the planted or naturally reestablishing wetland species. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine). The restored site shall also be managed in a manner which precludes Typha spp. (cattails) from manifesting vegetative dominance. Revegetation of the site shall be with native wetland species in similar composition to those species which were present at the site or in the contiguous wetland prior to the low water crossing; and

(c) A person wishing to use this general permit shall submit to the appropriate Department office, an annual schedule of proposed low water crossing sites including location maps, aerial photographs with proposed low water crossing sites, typical drawings, and approximate commencement and completion dates for the activities planned. Additionally, the plans shall include proposed restoration procedures for each low water crossing. The annual schedule, or modifications to the annual schedule, must be submitted, together with the required documentation, at least 30 days prior to the commencement of the proposed activity. The annual schedule and documentation shall be filed with the Department no later than June 1 for the fiscal year July 1 through June 30.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.612, Amended 10-1-13.