62-341.621. General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects (Transferred)

(1) A general permit is hereby provided for use by electric and communication utilities to relocate aerial transmission and distribution lines, including utility poles and associated bases and anchoring devices within or adjacent to the rights of way of existing roadways.

(2) This general permit applies only to relocation projects necessitated by widening or improvement of existing roads. Documentation of the road widening or improvement that necessitates the relocation shall be submitted at the time the notice to use this general permit is submitted to the Department.

(3) For the purpose of this general permit, the following definitions shall apply:

(a) “Anchoring device” shall mean steel guy wires fastened to the ground without the need for separate dredging;

(b) “Base” shall mean a man-made, concrete or steel foundation not exceeding four feet in radius, used to support a utility pole; and

(c) “Utility pole” shall mean a single pole that supports aerial transmission and distribution lines.

(4) This general permit is subject to the following special conditions:

(a) The relocation of the poles shall be either within the existing or proposed road right of way or within ten feet adjacent to the existing or proposed road right-of-way;

(b) There shall be no permanent placement of fill in wetlands or other surface waters other than the utility poles, associated bases, and anchoring devices;

(c) There shall be no dredging or filling in wetlands or other surface waters to access the pole installation site except for the placement of temporary mats. All temporary mats shall be removed within thirty days after removal or replacement of the utility poles, associated bases, and anchoring devices;

(d) The installation of the utility pole(s) and associated anchoring devices shall not interfere with navigation or impede the flow in wetlands or other surface waters;

(e) Except for the permitted structure, pre-construction ground elevations and the contours of all disturbed soils, including vehicle ruts in wetlands and other surface waters shall be restored within 30 days following completion of line installation. Restored grades shall be stabilized within 72 hours following completion of elevation and contour restoration to minimize erosion;

(f) Vehicle usage in wetlands and other surface waters shall be conducted so as to minimize tire rutting and erosion impacts;

(g) The use of water jets is not authorized except for those which are a pre-engineered part of the pole. Water for the jets shall be recirculated on site or discharged in a self-contained upland;

(h) In open surface waters, this general permit shall apply only where there is sufficient depth to allow access by shallow draft floating vessels (e.g., barges or rafts) without altering bottom contours, disturbing submerged grassbeds, prop dredging, or causing a violation of state water quality standards for turbidity, or where work can be accomplished from an upland location;

(i) The proposed construction shall not impact any living stony coral, soft coral, macro-marine algae community, or submerged grassbeds;

(j) For purposes of this general permit, vehicular access in wetlands and other surface waters shall be limited to existing roads, trails, rights-of-way or easements, and to other previously disturbed corridors where they exist;

(k) The clearing of wetland vegetation shall be limited to 0.5 acres per 10 miles of transmission or distribution line, unless the clearing of vegetation is addressed in a previously issued permit pursuant to Part IV, Chapter 373, F.S., which authorized the road widening or improvement;

(l) This general permit does not apply to the installation of transmission or distribution line structures that require permanent fill pads or permanent access roads;

(m) This general permit shall not apply to relocation of a transmission line that requires or has received a certification issued under Part II of Chapter 403, F.S.; and

(n) During the initial clearing event and when conducting subsequent normal maintenance activities, the permittee shall eradicate all Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva) from the wetland portions of the utility right-of-way.

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.