62-330.632. General Permit for the Restoration, Establishment and Enhancement of Low Profile Oyster Habitat

(1) A general permit is hereby provided for the construction, restoration, and enhancement of low profile oyster habitat (LPOH) within estuaries, lagoons, or other tidal waters, subject to the following:

(a) The total footprint of the LPOH is one quarter acre in size or less;

(b) The work shall be conducted or directly supervised by persons having expertise designing and implementing oyster habitat restoration activities;

(c) The LPOH shall not be inconsistent with any management plan approved by a federal, state, regional and/or local agency that addresses oyster habitat, wetland vegetation, submerged resources, water quality, navigation, or fishing and recreational values of the waterbody, including any Aquatic Preserve management plan adopted under chapter 18-20, F.A.C.;

(d) The LPOH shall not be considered as mitigation to offset impacts for any other project;

(e) The LPOH shall not serve or include any aquaculture activity regulated under chapter 597, F.S.; and

(f) The LPOH shall not adversely affect existing natural resources or resource activities within or adjacent to the footprint of the proposed LPOH footprint.

(2) The notice required in rule 62-330.402, F.A.C., shall include documentation, statements, or demonstrations that the above limitations will be met, together with the following:

(a) An explanation of the overall ecological benefit to be achieved by the LPOH;

(b) Documentation that the person using this general permit has authorization from the owner(s) of the submerged lands, if other than the State of Florida, to conduct the proposed activities;

(c) An environmental resource survey of the bottom of the waterbody throughout the LPOH area, including an additional 50 foot-wide perimeter surrounding the LPOH area demonstrating that:

1. The LPOH area, including the 50 foot-wide perimeter area, does not have any submerged aquatic vegetation or hardbottom resources present;

2. The LPOH will not affect an archaeological, cultural, or historical resource area regulated under chapter 267, F.S.;

3. The LPOH will not have any work conducted within 100 meters of actively nesting wading bird colonies or within 180 meters of actively nesting tern or skimmer colonies;

4. The LPOH will not be constructed within:

a. 100 feet from the outside edge of any designated channel marked in accordance with section 327.40 F.S. or federally maintained channel without written approval from the entity responsible for channel maintenance;

b. Any channel traditionally used for navigation;

c. 100 feet of any dock or overwater structure without notice to the current property owner;

d. Any other designated management zone that requires approval to conduct activities unless written approval is received from the managing agency; or

e. Any previously permitted mitigation areas.

(d) Agreement that the activity will comply with the additional conditions of subsection (3), below.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) LPOH materials shall consist of only the following:

1. Clean, sediment free culture materials (cultch) that does not contain deleterious substances that have the potential to leach into surface waters. Cultch shall consist of:

a. Recycled shell that has been quarantined for a minimum of three months;

b. Fossil shell;

c. Limerock consisting of a minimum of 20 percent calcium carbonate by volume, with 90 percent of the limerock being no more than six inches in diameter; or

d. Concrete material in which at least 90 percent of the concrete material is no more than six inches in diameter. Concrete shall not be used for a LPOH located in an Aquatic Preserve.

2. Cultch that was intentionally placed in marine or estuarine waters for a period of time to collect oyster larvae, or seedstock (juvenile shellfish species) that has been cultured and placed in marine or estuarine waters for growout; or

3. Cultch or seedstock that has been generated as a result of shellfish aquaculture activities in accordance with section 597.010, F.S.

(b) LPOH materials shall be firmly fixed on the substrate, bagged, or otherwise contained in such a way as to prevent movement away from the LPOH footprint.

(c) LPOH materials shall not be indiscriminately dumped, placed on substrate with more than five live oysters per square meter, or placed outside of the footprint limits.

(d) The LPOH may consist of placement of LPOH materials in locations where no oyster reef currently exists, restoration of an existing degraded oyster reef to its known historical height, or restoration of an existing degraded oyster reef to the average elevation of existing natural oyster reefs in the immediate vicinity of the LPOH area. Final elevation shall not exceed 18 inches above the existing bottom elevation in locations where no oyster reef currently exists. In no circumstance shall LPOH material be placed at a height above the mean high water elevation.

(e) The LPOH shall not cause harmful erosion or shoaling to adjacent submerged areas and shorelines.

(f) The LPOH shall not cause adverse impacts to the fishing and recreational use of the waterbody, aquatic and wetland dependent species, or submerged resources.

(4) A minimum of 60 days prior to submittal of a notice required in subsection (2), above, the person proposing to use this general permit shall conduct at least one pre-notice meeting with the appropriate Agency staff to discuss the project. If the LPOH is proposed within an Aquatic Preserve, the manager of that preserve or their designee shall be invited to the pre-notice meeting.

(5) The activities authorized in this general permit shall not commence until the Agency has provided written verification of qualification in accordance with section 5.3.2 of Applicant’s Handbook, Volume I.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.4131 FS. Law Implemented 253.034(1), 373.118, 373.406(5), 373.4131, 373.414(9), 403.814(1) FS. History–New 10-1-13, Amended 6-1-18.