62-341.620. General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities (Transferred)

(1) Definitions. Terms used in this general permit shall have the meanings specified below:

(a) “Access areas” shall mean areas which are cleared to allow equipment to reach existing electrical structures or the proposed location of electrical structures;

(b) “Existing facilities” shall mean existing power lines, substations or power plants;

(c) “Impact site” shall mean that portion of a wetland area within the right-of-way either surrounded by uplands within the right-of-way or lying between upland segments of the right-of-way within which clearing of vegetation to the ground is proposed to occur;

(d) “Power line” shall mean the conductors, supporting structures, and related hardware installed or maintained by electric utilities as defined in Section 366.02(2), F.S.;

(e) “Project” shall mean the proposed or existing power line for which use of the general permit is proposed;

(f) “Selective clearing” shall mean the cutting or control of vegetation by hand, herbicide, or mechanized equipment that minimizes soil compaction, to a height no lower than the water level at the time of cutting or ground level in areas without standing water. This would include removal of the cut trees from the wetland in cases where leaving the trees would preclude revegetation or impound water flow. This shall not mean the non-selective aerial or broadcast application of herbicides;

(g) “Siting board” means the Governor and Cabinet as provided in Section 403.503(6), F.S.;

(h) “Work areas” shall mean areas surrounding the electrical support structures, towers, poles, and guy wires which must be cleared to enable equipment to install and maintain the power line.

(2) A general permit is provided for the construction of power lines and electrical support structures by electric utilities, provided the following provisions are met:

(a) The project is not covered by a certification issued under Part II of Chapter 403, F.S.;

(b) All permanent fill shall be at grade. Fill shall be limited to that necessary for electrical support structures, including towers, poles, and guy wires, stabilizing backfill necessary for the aforementioned structures and at-grade access roads limited to a width of 20 feet;

(c) Access and work areas may be cleared to the ground, including removal of stumps as necessary; however, such clearing shall be limited to the following:

1. A linear access area of up to 25 feet wide between electrical support structures;

2. An access area of up to 25 feet wide from the edge of the power line right-of-way to electric support structures; and

3. Work areas around the electrical support structures, towers, poles, and guy wires;

(d) Vegetation in wetlands under the conductor and up to 20 feet on either side of the outermost conductor may be cut or removed by hand or by mechanized equipment to a height no lower than the soil surface. Any mechanized equipment that is used shall minimize soil compaction. Except for Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva), clearing in the remainder of the project right-of-way within wetlands shall be limited to selective clearing of vegetation which has an expected mature height of 14 feet or more. During construction and while conducting normal maintenance activities, the permittee shall eradicate all Brazilian pepper, Australian pine, and Melaleuca from the wetland portion of the right-of-way. During the initial clearing event, and during subsequent maintenance cycles, EPA approved herbicides may be used on the following:

1. Vegetation growing within the area that was formerly cleared to the ground;

2. Vegetation with an expected mature height of over 14 feet growing within the remainder of the right-of-way; and

3. Any specimen of exotic vegetation within the right-of-way;

(e) Not more than 15 acres of forested wetlands may be cleared to the ground within each ten mile section of the project, whether or not filling activities occur within the wetlands. In sections where filling activities, as defined in subsection 62-341.021(10) and (14), F.A.C., occur, not more than 4 acres of forested wetland may be cleared to the ground within each 10 mile section of the project, with no more than one impact site exceeding 0.5 acres per ten mile section. The one impact site which may exceed 0.5 acres shall not exceed 2.0 acres. Areas that are dominated (90 percent or greater aerial coverage) by exotic species shall not be included in the acreage calculation of clearing to ground of forested wetlands. The ten mile sections shall be measured from the beginning of the project to the terminus of the project, or vice versa, and the sections shall not end in a wetland. In cases where the section does end in a wetland, the Department shall designate the closest landward edge of the wetland as the section terminus;

(f) Erosion and turbidity control methods shall be implemented as necessary to ensure that state water quality standards for turbidity are met. The applicant shall submit to the Department, along with the notice of intent to use this general permit, a narrative that documents the applicant will use erosion and turbidity control methods that are consistent with generally accepted industry practice;

(g) Diversion and impoundment of surface waters shall be limited to incidental diversion during construction, and diversion which occurs around support sturctures, towers, guy wires, and poles;

(h) The proposed construction and clearing shall be conducted in a manner that does not adversely affect threatened or endangered species. The applicant shall submit to the Department, along with the notice of intent to use this general permit, a narrative summary of surveys that have been performed on the existence and potential existence of threatened and endangered species within and adjacent to the project, and the expected effects on these species; and

(i) The proposed construction and clearing shall not result in a permanent change to existing ground surface elevation.

(3) The clearing of vegetation in wetlands to construct new power lines that do not require the placement of structures in wetlands or other dredge or fill activities in wetlands or other surface waters, does not require an individual or general permit.

(4) This general permit shall not apply to any portion of a project located in forested wetlands located within 550 feet from the mean or ordinary high water line of a wetland or other surface water designated as an Outstanding Florida Water or Outstanding National Resource Water.

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, 373.426 FS. History–New 10-3-95.