Florida Administrative Code (Last Updated: October 28, 2024) |
62. Department of Environmental Protection |
D62. Departmental |
62-331. State 404 Program |
1(1) This general permit authorizes minor dredge or fill activities in state-assumed waters, provided the activity meets all of the following criteria:
23(a) The quantity of fill and the volume of material excavated do not exceed 25 cubic yards below the plane of the mean or ordinary high water line;
51(b) The activity will not cause the loss of more than 1⁄10-acre of state-assumed waters; and
67(c) The activity is not conducted for the purpose of a stream diversion.
80(2) This general permit does not authorize projects that capture and store water, such a95s Dispersed Water Management Projects (DWMP).
101(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if:
124(a) The fill or the volume of material excavated exceeds 10 cubic yards below the plane of the mean or ordinary high water line;
148(b) The activity is in a special aquatic site, including wetlands;
159or
160(c) The project is in the following rivers, creeks, and their tributaries:
1721. Escambia River
1752. Yellow River
1783. Shoal River
1814. Choctawhatchee River
1845. Chipola River
1876. Apalachicola River
1907. Ochlockonee River
1938. Santa Fe River
1979. New River (Bradford and Union County line)
20510. Econfina Creek.
208Editor notes: 210The 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 §237373.4146, F.S.
239Rulemaking Authority 241373.026(7), 242373.043, 243373.118(1), 244373.4131, 245373.414(9), 246373.4145, 247373.4146(2), 248403.805(1) FS. 250Law Implemented 252373.118, 253373.129, 254373.136, 255373.413, 256373.4131, 257373.412584, 259373.4145, 260373.4146, 261373.416, 262373.422, 263373.423, 264373.429 FS. 266History–New 12-22-20.