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Florida Administrative Code (Last Updated: October 28, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-331. State 404 Program |
1(1) This general permit authorizes dredging or filling in state-assumed waters for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures.
40(a) Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, wastewater treatment facilities, and recreation facilities such as playgrounds and playing fields.
73(b) Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers.
89(c) Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.
112(2) This general permit does not authorize:
119(a) The construction of new golf courses and new ski areas.
130(b) Dredging or filling in 135non-tidal wetlands adjacent to tidal retained waters.
142(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.
155(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.
187(e) Activities in the Florida panther consultation area (south of the Caloosahatchee River) as defined in the Florida panther effect determination key, incorporated by reference in paragraph 62-331.227(3)(d), F.A.C., and also available at https://www.fws.gov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKey.pdf.
221(3) This general permit is subject to the following conditions:
231(a) 232The activity must not cause the loss of greater than 1/2-acre of state-assumed waters.
246(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determinatio283n concluding that the activity will result in no more than minimal adverse environmental effects.
298(c) The loss of stream bed plus any other losses of state-assumed waters caused by the general permit activity cannot exceed 1⁄2-acre.
320(4) 321The permittee mus324t submit a notice of intent to use this general permit to the Agency prior to commencing the activity.
343(5) 344For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, a copy of the Notice and general permit verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.
390Editor notes: 392The 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 §419373.4146, F.S.
421Rulemaking Authority 423373.026(7), 424373.043, 425373.118(1), 426373.4131, 427373.414(9), 428373.4145, 429373.4146(2), 430403.805(1) FS. 432Law Implemented 434373.118, 435373.129, 436373.136, 437373.413, 438373.4131, 439373.414, 440373.4145, 441373.4146, 442373.416, 443373.422, 444373.423, 445373.429 FS. 447History–New 12-22-20.
