62-341.443. General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation (Transferred)

(1) A general permit is hereby granted to the Florida Department of Transportation, counties and municipalities to conduct the activities described below:

(a) The replacement, modification, or maintenance of bridges and approaches where the combined total of dredging and filling, both temporary and permanent, in wetlands and other surface waters does not exceed 0.50 acre (2023 square meters or 0.2 hectares); and

(b) Channel clearing and shaping, not to exceed a combined total of 0.5 acres (2023 square meters or 0.2 hectares) of dredging and filling in wetlands and other surface waters, to facilitate maximum hydraulic efficiency of the structures detailed in paragraph (a) above, where the spoil material is used on an upland portion of the project or is deposited on a self-contained, upland spoil site. Escape of spoil material or water from the spoil deposition area into wetlands or other surface waters is prohibited.

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

(a) In addition to compliance with the notice provisions of subsection 62-343.090(1), F.A.C., within 90 days following completion of construction, the permittee will notify by letter the Department office to which notice was originally given of the date construction activities were completed;

(b) No dredging of access or work channels is authorized by this general permit;

(c) Temporary fill roads shall not be constructed waterward of mean high water or ordinary high water;

(d) All fill placed in wetlands, other than fill on which a bridge or approach described in paragraph (1)(a) is constructed, shall be regraded to the original wetland elevations and these filled wetland areas revegetated with native wetland species endemic to adjoining, undisturbed wetlands, within seven days of completion of construction. Within “clear zones”, as described in Chapter 3, Roadside Design Guide (American Association of State Highway and Transportation Officials dated October 1988) revegetation shall be with native herbaceous species endemic to adjoining, undisturbed wetlands. These wetland areas shall be maintained, and planted as necessary to ensure that satisfactory revegetation occurs. For the purposes of this general permit, “satisfactory revegetation” means that the herbaceous wetlands, and forested wetlands within the clear zones, that are disturbed by fill shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within 18 months of completion of construction, and forested wetlands other than forested wetlands in clear zones that are disturbed by fill shall have achieved a survival rate of not less than 400 wetland trees per acre within 18 months of completion of construction. A maintenance plan must be developed implemented to ensure the survival of the planted or naturally reestablishing wetland species. Within the revegetated wetland areas, non-native vegetation must be controlled such that it does not constitute more than 10 percent of the areal cover in any stratum at any time for the five year period following the initial planting or restoration of the site;

(e) Hydraulic openings of bridges constructed under paragraph (1)(a) above shall be sufficient to prevent downstream scour, increased downstream water velocities, and increased elevations on the property of others;

(f) Minimum horizontal and vertical navigational clearances on bridges over navigable waters of the United States shall be established in accordance with procedures outlined in the U.S. Coast Guard Bridge Administration Manual, COMDTINST M16590.5A, June 6, 1994;

(g) Horizontal and vertical clearances for replacement bridge structures shall meet or exceed those of the bridge being replaced;

(h) Temporary erosion controls for all exposed soils within wetlands and other surface waters shall be completed within seven calendar days of the most recent construction activity;

(i) The fill areas and the banks of the water body shall be stabilized with vegetation or riprap within seven days following completion of slope construction. This stabilization is considered a construction priority and completed fill slopes in wetlands and other surface waters shall not remain unstabilized while other construction continues;

(j) This general permit does not authorize the use of dredged material for roadway construction;

(k) The permittee shall use erosion and sediment control best management practices, including turbidity curtains or similar devices, in strict adherence to these practices as described in Chapter 6, The Florida Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation, 1988), incorporated by reference herein to prevent violations of state water quality standards;

(l) This general permit authorizes dredging and filling for the replacement, modification, or maintenance of a bridge and approaches for a specific crossing of a wetland or other surface water. Replacement or modification of a bridge that includes changes in the configuration of the bridge and fill areas due to changes in materials, construction techniques, or meeting current construction codes or safety standards are authorized under this permit. Any connecting road expansion or alteration associated with such replacement or modification must be authorized by a separate general or individual permit under Part IV of Chapter 373, F.S., as applicable, before the start of construction; and

(m) This general permit does not authorize replacement or modification of bridges or approaches which involve the construction of additional traffic lanes.

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, 373.419 FS. History–New 10-3-95, Amended 10-1-07.