62-341.455. General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters (Transferred)

(1) A general permit is hereby granted to any person constructing an aerial pipeline, cable, or conduit crossing of artificial waterways (including man-made canals and drainage ditches as defined in Section 403.803, F.S.) and natural water bodies, where the width of such waterways or waterbodies is no greater than 25 feet, provided:

(a) The crossing is not located in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting. For the purposes of this section, aerial pipeline, cable, and conduit crossings include pipelines, cables, and conduits transporting potable water, raw non-wastewater, including: well water and reservoir water, reclaimed water, domestic wastewater, phosphate matrix slurry, phosphatic clay or sand tailings, recirculated water from beneficiation processes, propane gas, natural gas; electrical power cables and conduits that are not subject to the provisions of Sections 403.52-.539, F.S.; and telephone and other electronic communication cables and conduits;

(b) There shall be a minimum clearance of five feet between the pipeline, cable or conduit and the elevation of the mean or ordinary high water line, and no pipeline, cable or conduit shall be lower than existing pipeline, cable or conduit structures in the area;

(c) The structure shall not create a navigational hazard or impede the natural flow of water;

(d) Dredging shall be restricted to that quantity necessary for actual installation of the support piles, and no fill other than the support piles shall be placed within wetlands or other surface waters, and any disturbance of the side slopes of the waterway shall be stabilized with native vegetation;

(e) Work activities for the installation of the aerial crossing shall be restricted to a width of no more than thirty feet on each side of the crossing alignment. In cases where multiple pipes, cables or conduits are to be installed along the same alignment the thirty foot width shall commence from the outermost pipes, cables or conduits. For the purposes of this general permit, no more than three pipes shall be placed along a given alignment, and in no case shall the total disturbance area exceed 75 feet in width; and

(f) Construction techniques necessary for the installation of the aerial pipeline, cable or conduit, including the transport and placement of materials, shall not disturb the adjacent bottoms of the waterbody or adversely affect water quality.

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

(a) Any pipeline, or conduit transporting authorized materials, other than propane gas, natural gas, potable water or raw non-wastewater, shall be subject to the following spill prevention design criteria:

1. Double piping (pipe within a pipe) constructed in such a manner that any leakage from the inside pipe into the outside pipe shall be conveyed to spill detention areas constructed in areas outside of wetland or other surface waters; and

2. Pressure sensitive devices designed to detect any leak shall be installed proximal to the aerial crossing and shall be designed to allow both visual and audible detection; and

(b) The Department shall be notified within 24 hours of any leak or failure of any of the pipes associated with the aerial crossing.

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.