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Florida Administrative Code (Last Updated: April 18, 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 the following activities:
9(a) Dredging or filling in state-assumed waters for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events.
33(b) Bank stabilization to protect the restored uplands.
41(2) This general permit does not authorize:
48(a) Beach restoration or nourishment.
53(b) Reclamation of lands lost to normal erosion processes over an extended period
66(3) The authorized activities are subject to the following conditions:
76(a) The restoration of the damaged areas, including any bank stabilization, must not exceed the contours, or the mean or ordinary high water line, that existed before the damage occurred.
106(b) The work must commence, or be under contract to commence, within two years of the date of damage, unless this condition is waived in writing by the Agency.
135(c) Dredging is limited to the amount necessary to restore the damaged upland area and shall not significantly alter the pre-existing bottom contours of the waterbody.
161(4) The Agency shall determine the extent of the pre-existing conditions using best available evidence and shall limit the extent of any restoration work authorized by this general permit to pre-existing conditions that were legally in existence prior to the discreet event.
203(5) 204The permittee must submit a notice of intent to use this general permit to the Agency within 12 months of the date of the damage; for major storms, floods, or other discrete events, the Agency may waive the 12-month limit for submitting a notice of intent if the permittee can demonstrate funding, contract, or other similar delays. The notice of intent must include the following:
269(a) Documentation, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration; and
288(b) A sediment and erosion control plan.
295Editor notes: 297The 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 §324373.4146, F.S.
326Rulemaking Authority 328373.026(7), 329373.043, 330373.118(1), 331373.4131, 332373.414(9), 333373.4145, 334373.4146(2), 335403.805(1) FS. 337Law Implemented 339373.118, 340373.129, 341373.136, 342373.413, 343373.4131, 344373.414, 345373.4145, 346373.4146, 347373.416, 348373.422, 349373.423, 350373.429 FS. 352History–New 12-22-20.
