62-341.439. General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings, and Bridges of Artificial Waterways (Transferred)

(1) A general permit is hereby granted to any person for the purpose of constructing or maintaining a culverted driveway or roadway crossing, or bridge of an artificial waterway, provided:

(a) This general permit shall apply only to wholly artificial, non-navigable drainage conveyances;

(b) A culvert or culverts shall be placed under the roadway or driveway;

(c) The size and number of the culvert(s) shall be adequate to pass normal high water stages of the artificial water body being crossed. In no instance shall the culvert(s) provide a smaller cross-sectional area or discharge capacity than any upstream culvert;

(d) The elevation of the culvert invert shall be at the existing bottom grade of the artificial waterway;

(e) The length of the driveway, roadway or bridge crossing the waterway shall not exceed 50 feet top of bank to top of bank;

(f) The top width of the driveway, roadway, or bridge shall not exceed 75 feet, the toe to toe width shall not exceed 100 feet, and the side slopes shall not be steeper than 2 horizontal to 1 vertical;

(g) Clean fill used for the crossing must be obtained from uplands or from a dredge site which is in compliance with the permitting requirements of Part IV of Chapter 373, F.S., as applicable;

(h) There shall be no additional dredging, filling, or construction activities, except as exempted from regulation under Part IV, Chapter 373, F.S., and those directly involved in the construction or maintenance of the proposed crossing or bridge; and

(i) The maintenance of the roadway, driveway or bridge shall continue to provide at least the same volume of discharge through the culvert(s).

(2) This general permit shall be subject to the following specific conditions:

(a) The permittee shall stabilize fill areas and waterway banks disturbed by the activity by revegetation or riprap within 72 hours of completion of construction to prevent erosion, siltation or turbid runoff into wetlands and other surface waters; and

(b) If dewatering is performed, all temporary fill dikes and dewatering discharges shall be installed and constructed so that no upstream flooding or impoundment occurs and no siltation, erosion or turbid discharges into wetlands or other surface waters occur in violation of state water quality standards. Any temporary works shall be completely removed and all areas upstream and downstream from the crossing shall be restored to grades, elevations and conditions which existed before construction.

(3) This general permit shall apply only to a maximum of two crossings on a given parcel of property, with a minimum distance of 500 feet between crossings. Maintenance shall be allowed at any and all existing structures meeting the specifications of this general permit.

(4) This general permit shall not apply if:

(a) Relocation of all or part of the artificial waterway is required; or

(b) Dredging or filling activities are required, other than for the proposed culvert crossing, except as exempted from regulation under Part IV, Chapter 373, F.S.

(5) This general permit does not authorize any road construction or alteration connecting to a crossing authorized by this general permit.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95.