62-341.447. General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements (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 extension of existing culverts and crossing approaches to accommodate widening of the roadway where excavation or deposition of material shall not exceed 1000 cubic yards (765 cubic meters) in wetlands and other surface waters and the area from which material is excavated or to which material is deposited shall not exceed a total of 0.25 acres (1012 square meters or 0.1 hectare) at any one culverted crossing. The 1000 cubic yardage (765 cubic meters) limitation shall be separately applied to excavation and deposition of material;

(b) Relocation, recontouring, widening, or reconstruction of existing highway drainage ditches through uplands provided the floor elevation of the ditch is not deepened below the original design elevation and provided that the work does not cause a change in the hydrology of any wetlands which are connected to or which are adjacent to the ditch;

(c) Culvert placement, replacement and maintenance associated with existing roadways, in streams with an average discharge of less than 10 cubic feet per second (0.28 cubic meters per second) at the culvert location or streams draining less than 10 square miles (25.9 square kilometers), provided that construction does not cause scour in the downstream waters or increase the velocity of the water downstream, does not reduce existing flood conveyance of the stream for the 100 year flood flow and does not reduce existing flood storage within the 10 year flood plain. The material excavated or deposited as fill shall not exceed 1000 cubic yards (765 cubic meters) in wetlands and other surface waters. The cross sectional area of the culvert shall not be reduced, unless the reduced cross section provides an equal or greater discharge capability. In the case of a culvert installed as a wildlife crossing, the cross sectional area shall not be reduced;

(d) Construction of temporary bypass lanes and stream channel diversions necessary to complete projects detailed in paragraph (c) above, provided the area used for the temporary bypass lanes and temporary diversion is restored to its previous contours and elevations;

(e) 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 structures authorized by paragraph (c) 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 and return water from the spoil deposition area into wetlands or other surface waters is prohibited; and

(f) Repair of existing concrete bridge pilings by the construction of pile jackets, provided that the permanent outer form is composed of inert materials and the quantity of material shall not exceed 300 cubic yards (229 cubic meters) of dredging or 300 cubic yards (229 cubic meters) of filling per project. Although the bottom sediments within the forms may be removed by jetting or pumping, and may not be recoverable, proper turbidity control measures shall be employed as necessary to prevent violations of state water quality standards.

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

(a) 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) to prevent violation of state water quality standards;

(b) Immediately following completion of slope construction, the fill areas and any disturbed banks of wetlands or other surface waters shall be stabilized with vegetation or riprap to prevent erosion. 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. Prevention of erosion of exposed earth into wetlands and other surface waters is a construction priority and completed slopes shall not remain unstabilized while other construction continues;

(c) In addition to complying with the notice provisions of subsection 62-343.090(1), F.A.C., at least 90 days prior to commencement of construction, the permittee shall provide written notification to the Department office to which the prior notice was given of the date the permitted construction activities are planned to begin and within 90 days following completion of construction, the permittee shall provide written notification to the office of the Department that received the original notice to use the general permit of the date construction activities are completed;

(d) The permittee shall limit stream channel relocation to streams which have an average discharge of 10 cubic feet per second (0.28 cubic meters per second) or less. The length of relocated channels or those significantly altered shall be limited to 200 feet (61 meters) per stream. A stream channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream’s natural hydraulic capability; and

(e) This general permit shall not apply to ditch construction in Class I or Class II surface waters, Outstanding National Resource Waters or waters designated as Outstanding Florida Waters.

(3) This general permit does not authorize the construction of additional traffic lanes. Systems which require additional traffic lanes must first obtain a general or individual environmental resource permit under Part IV of Chapter 373, F.S., as applicable, before the start of construction.

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.