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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 mining activities, provided the activity meets all of the following criteria:
24(a) For mining activities involving dredging or filling in wetlands, the activity must not cause t40he loss of greater than 1⁄2-acre of wetlands;
48(b) For mining activities involving dredging or filling in open waters (e.g., streams, lakes, and ponds) the mined area, including permanent and temporary impacts due to dredging or filling in state-assumed waters, must not exceed 1⁄2-acre; and
85(c) The acreage loss under subparagraph (1)(a)1. plus, the acreage impact under subparagraph (1)(a)2. does not exceed 1⁄2-acre.
103(2) This general permit does not authorize:
110(a) Dredging or filling in non-tidal wetlands adj118acent to tidal retained waters.
123(b) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.
136(c) Activities in the Belle Meade North bounded by I-75 to the south, Golden Gate Canal to the west, and Miller Canal to the east, and 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, Florida.
191(d) Activities within the Corkscrew Marsh Basin, south of S.R. 82, east of I-75 in Collier and Lee Counties.
210(3) The authorized activities are subject to the following conditions:
220(a) 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 determination concluding that the activity will result in no more than minimal adverse environmental effects.
271(b) The loss of stream bed plus any other losses of state-assumed waters caused by the act288ivity cannot exceed 1⁄2-acre.
292(4) A notice of intent to use this general permit is required if reclamation is required by other laws. A copy of the final reclamation plan must be submitted with the notice of intent.
326Editor notes: 328The 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 §355373.4146, F.S.
357Rulemaking Authority 359373.026(7), 360373.043, 361373.118(1), 362373.4131, 363373.414(9), 364373.4145, 365373.4146(2), 366403.805(1) FS. 368Law Implemented 370373.118, 371373.129, 372373.136, 373373.413, 374373.4131, 375373.414, 376373.4145, 377373.4146, 378373.416, 379373.422, 380373.423, 381373.429 FS. 383History–New 12-22-20.
