62-331.229. General Permit for Maintenance of Existing Flood Control Facilities

(1) This general permit authorizes the following activities:

(a) Dredging or filling resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, levees, and channels that:

1. Were previously authorized by a Section 404 individual permit, general permit, or 33 CFR §330.3, incorporated by reference in paragraph 62-331.210(1)(a), F.A.C., or did not require a permit at the time they were constructed; or

2. Were constructed by the Corps and transferred to a non-Federal sponsor for operation and maintenance.

(b) Dredging or filling associated with maintenance activities in flood control facilities in any watercourse that have previously been determined to be within the maintenance baseline. The maintenance baseline is a description of the physical characteristics (e.g., depth, width, length, location, configuration, or design flood capacity, etc.) of a flood control project within which maintenance activities are normally authorized by this general permit, subject to any case-specific conditions required by the Agency. The Agency will approve the maintenance baseline based on the approved or constructed capacity of the flood control facility, whichever is smaller, including any areas where there are no constructed channels but which are part of the facility. The prospective permittee will provide documentation of the physical characteristics of the flood control facility (which will normally consist of as-built or approved drawings) and documentation of the approved and constructed design capacities of the flood control facility. If no evidence of the constructed capacity exists, the approved capacity will be used. The documentation will also include best management practices to ensure that the adverse environmental impacts caused by the maintenance activities are no more than minimal, especially in maintenance areas where there are no constructed channels. (The Agency may request maintenance records in areas where there has not been recent maintenance.) Revocation or modification of the final determination of the maintenance baseline can only be done in accordance with Rule 62-331.080, F.A.C. Except in emergencies as described below, this general permit cannot be used until the Agency approves the maintenance baseline and determines the need for mitigation and any regional or activity-specific conditions. Once determined, the maintenance baseline will remain valid for any subsequent reissuance of this general permit.

(c) The removal of vegetation from levees associated with the flood control project.

(2) Activities authorized by this general permit are limited to those resulting from maintenance activities that are conducted within the “maintenance baseline”, as described above.

(3) This general permit does not authorize:

(a) The removal of sediment and associated vegetation from natural water courses except when these activities have been included in the maintenance baseline.

(b) Maintenance of a flood control facility that has been abandoned.

1. A flood control facility will be considered abandoned if it has been operating at a significantly reduced capacity or is nonfunctional because routine maintenance was not being accomplished for an extended period of time.

2. A flood control facility will not be considered abandoned if the prospective permittee is in the process of obtaining other authorizations or approvals required for maintenance activities and is experiencing delays in obtaining those authorizations or approvals.

(4) The activities must meet the following conditions:

(a) All dredged and excavated material must be deposited and retained in an area that has no state-assumed waters unless otherwise specifically approved by the Agency under separate State 404 permit authorization.

(b) Proper sediment controls must be used.

(5) The Agency will determine any required mitigation one-time only for impacts associated with maintenance work at the same time that the maintenance baseline is approved.

(a) Such one-time mitigation will be required when necessary to ensure that adverse environmental effects are no more than minimal, both individually and cumulatively.

(b) Such mitigation will only be required once for any specific reach of a flood control project. However, if one-time mitigation is required for impacts associated with maintenance activities, the Agency will not delay needed maintenance, provided the Agency and the permittee establish a schedule for identification, approval, development, construction and completion of any such required mitigation.

(c) Once the one-time mitigation described above has been completed, or a determination made that mitigation is not required, no further mitigation will be required for maintenance activities within the maintenance baseline.

(d) In determining appropriate mitigation, the Agency will give special consideration to natural water courses that have been included in the maintenance baseline and require mitigation and/or best management practices as appropriate.

(e) If mitigation was previously required and completed for the specific reach of the flood control project, additional mitigation for that specific reach will not be required.

(6) In emergency situations, this general permit may be used to authorize maintenance activities in flood control facilities for which no maintenance baseline has been approved.

(a) Emergency situations are those which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if action is not taken before a maintenance baseline can be approved.

(b) In such situations, the determination of mitigation requirements, if any, may be deferred until the emergency has been resolved.

(c) Once the emergency has ended, a maintenance baseline must be established expeditiously, and mitigation, including mitigation for maintenance conducted during the emergency, must be required as appropriate.

(d) The permittee must submit notice of intent to use this general permit to the Agency before any maintenance work is conducted.

1. The notice of intent to use this general permit may be for activity-specific maintenance or for maintenance of the entire flood control facility by submitting a five-year (or less) maintenance plan.

2. The notice of intent to use this general permit must include a description of the maintenance baseline and the disposal site for dredged or excavated material.

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.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.