62-341.467. General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Transferred)

(1) A general permit is hereby granted to any governmental mosquito control agency to breach mosquito control impoundments, provided:

(a) The work is done only to provide improved transport of tidal water and organisms between the impounded wetland and adjacent surface waters or between cells within existing mosquito control impoundments for the purpose of improving water quality and the quality of fish and wildlife values;

(b) The construction of the breaches is not required as mitigation under Part IV, Chapter 373, F.S.;

(c) Access for the construction of the breaches does not require dredging or filling in wetlands or other surface waters, or equipment access through wetlands;

(d) The breaches shall be installed in locations that restore historic flow patterns, such as at or adjacent to historic locations of tidal creeks, and shall be located so as to prevent violations of the state water quality standards for dissolved oxygen in the receiving waters outside the impoundment; and

(e) This general permit does not constitute authorization to enter upon the property of others to perform activities authorized by this permit.

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

(a) Spoil material excavated during construction of the breaches shall be handled and deposited in such a manner as to prevent violations of the state water quality standards for turbidity and shall be contained in an upland disposal site; and

(b) Within 72 hours after construction of any breach, and at any other time as necessary to prevent erosion, siltation and turbidity that causes violations of state water quality standards in wetlands or other surface waters, the wetlands disturbed by construction shall be stabilized with indigenous wetland vegetation or clean riprap, and the uplands disturbed by construction shall be stabilized with vegetation, riprap, or other means.

(3) The Department shall send a copy of the notice to use this general permit to the Chairman of the Subcommittee on Managed Marshes which is established under Section 388.46, F.S.

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.