Purpose and Implementation, Regulated Activities, Procedures for Review and Agency Action on Exemption Requests, Exempt Activities, No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor ...

RULE NOS.: RULE TITLES:

62-330.010Purpose and Implementation

62-330.020Regulated Activities

62-330.050Procedures for Review and Agency Action on Exemption Requests

62-330.051Exempt Activities

62-330.0511No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

62-330.052General Permits – General

62-330.054Individual Permits

62-330.055Conceptual Approval Permits for Urban Infill or Redevelopment

62-330.056Other Conceptual Approval Permits

62-330.060Content of Applications for Individual and Conceptual Approval Permits

62-330.062Water Quality Certification and Costal Zone Consistency Concurrence

62-330.071Fees

62-330.090Processing of Individual and Conceptual Approval Permit Applications

62-330.201Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters

62-330.301Conditions for Issuance of Individual and Conceptual Approval Permits

62-330.302Additional Conditions for Issuance of Individual and Conceptual Approval Permits

62-330.310Operation and Maintenance

62-330.340Transfer of Permit Upon Change in Ownership or Control

62-330.350General Conditions for Individual Permits

62-330.360Emergency Authorizations and Actions

62-330.395Variances

62-330.401Policy and Purpose

62-330.402Submittal and Processing of General Permits

62-330.405General Conditions for All Noticed General Permits

62-330.410Noticed General Permit for Dredging by the West Coast Inland Navigation District

62-330.412Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County

62-330.417General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities

62-330.427General Permit for Certain Piers and Associated Structures

62-330.428General Permit for Floating Vessel Platforms and Floating Boat Lifts

62-330.431General Permit for Installation of Riprap

62-330.437General Permit for the Installation of Fences

62-330.443General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation

62-330.447General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements

62-330.450General Permit for Construction, Alteration, and Operation of Urban Infill and Redevelopment Activities in Conformance with the Conceptual Approval Permit in Rule 62-330.056, F.A.C.

62-330.451General Permit to Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities

62-330.453General Permit for Installation, Maintenance, Repair, and Removal of Underground Cable, Conduit, or Pipeline

62-330.455General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters

62-330.458General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities

62-330.459General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects

62-330.463General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies

62-330.475General Permit for Minor Activities

62-330.483General Permit to the Department and Water Management Districts to Conduct Minor Activities

62-330.485General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement

62-330.487General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures

62-330.488General Permit to Governmental Entities for Certain Public Use Facilities at Public Natural Areas

62-330.490General Permit for the Reclamation of Eligible Phosphate Lands Mined Before July 1, 1975

62-330.492Noticed General Permit for Prospecting

62-330.493General Permit to Perform Prospecting Activities for Phosphate Minerals

62-330.494General Permit for Temporary Dragline Crossings of Waterways

62-330.495General Permit for Low Water Crossings

62-330.496General Permit for Dry Borrow Pits of Less than Five Acres

62-330.501General Permit for Temporary Agricultural Activities within the South Florida Water Management District

62-330.505General Permit to the U.S. Forest Service for Minor Works within National Forests

62-330.600General Permit for the Construction of Artificial Reefs

62-330.602General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities

62-330.630General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities

62-330.631General Permit to Governmental Entities for Limited Environmental Restoration or Enhancement Activities

62-330.632General Permit for the Restoration, Establishment and Enhancement of low profile Oyster Habitat

62-330.635General Permit for Soil Remediation

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 72, April 12, 2013 issue of the Florida Administrative Register.

Changes were made to address written comments received before the end of the public hearing process and to address comments from JAPC.

62-330.010 Purpose and Implementation.

(1) No change.

(2) The ERP program governs the following: construction, alteration, operation, maintenance, repair, abandonment, and removal (all of the former collectively referred to throughout this chapter as “activities”) of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, and works (including docks, piers, structures, dredging, and filling located in, on or over wetlands or other surface waters, as defined and delineated in Chapter 62-340, F.A.C.) (any one or a combination of these may be all of the latter collectively referred to throughout this chapter as “projects” or “systems”).

(3) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“Department”), the water management districts (“Districts”) created under Section 373.069, F.S., and local governments delegated under Section 373.441, F.S., (“delegated local governments”). The Agreements are incorporated by reference in Rule 62-113.100, F.A.C. The term “Agency” applies to the Department, a District, or a delegated local government, as applicable, throughout this chapter. The Agreements are incorporated by reference in Chapter 62-113, F.A.C., accessible at www.dep.state.fl.us/legal/Operating_Agreement/operating_agreements.htm, or by contacting the applicable Agency.

(4) No change.

(a) Applicant’s Handbook Volume I, “General and Environmental” (hereinafter “Volume I”) applies statewide to all activities regulated under Chapter 62-330, F.A.C. It includes explanations, procedures, guidance, standards, and criteria on what is regulated by this chapter, the types of permits available, how to submit an application or notice for a regulated activity to the Agencies, how applications and notices are reviewed, the standards and criteria for issuance, and permit duration and modification. Volume I, including all the appendices except A, B, D and E, are with Appendix C, but excluding the other appendices, is incorporated by reference herein by the Department, [effective date] (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02522). Also incorporated by reference in this Volume are:

1. Guidelines for Determining Flood Flow Frequency, USGS Bulletin 17B of the Hydrology Subcommittee Revised September 1981; Editorial Corrections March 1982,” http://water.usgs.gov/osw/bulletin17b/dl_flow.pdf, as referenced in section 2.0(a)59;

2. The “Florida Wildlife Conservation Guide” (2011) [add URL for the guide found at myfwc.com/conservation/value/fwcg/], referenced in section 10.2.2.; and

3. Rule 68A-4.009, F.A.C., Florida Black Bear Conservation, (August 23, 2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02520), referenced in section 10.2.7.

(b) An Applicant’s Handbook Volume II (hereinafter, “Volume II”), has been adopted for use within each District. Each District’s Volume II is incorporated by reference herein and in the rules listed below, which also are incorporated by reference herein. These rules and Handbook Volumes are available as provided in subsection (5), below.

1. Northwest Florida Water Management District – “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook – Volume II (Design and Performance Standards Including Basin Design and Criteria),” including all appendices Appendices A through D, is incorporated by reference herein [effective date] and available at: (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02521) or from the Agency as provided in subsection (5). Also incorporated by reference in this Volume are:

a. Chapter 5 of the Florida Land Development Manual (June 1988) available at (URL), referenced in section 4.5.2 and Appendix B-2 of Volume II; and

b. Section 3.10 of Chapter 6 of the Florida Land Development Manual (June 1988); available at (URL), referenced in section 6.1 and Appendix B-2 of Volume II.

2. Suwannee River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, [effective date] (insert DOS URL), and in subsection 40B-400.091(3) 40B-400.091(1), F.A.C., [effective date] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02523).

3. St. Johns River Water Management District, Applicants Handbook Volume II, is incorporated by reference herein, [effective date] (insert DOS URL), and in subsections 40C-4.091(1) [effective date] (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02524), 40C-42.091(1) [effective date] (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02525), and 40C-44.091(1), F.A.C., [effective date] (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02526).

4. through 5. No change.

A copy of the incorporated material identified above may be obtained from the Agency internet site, http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm, or as described in subsection 62-330.010(5), F.A.C.

http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm, or as described in subsection 62-330.010(5), F.A.C.

(5) through (6) No change.

(7) All notices to or filings with the Department shall be made in accordance with Title 28, F.A.C., or subsections 62-110.106, F.A.C., as appropriate. All notices to or filings with a District shall be made in accordance with Title 28, F.A.C., and subsections 40A-1.1003, 40A-1.1010, 40C-1.1007, 40D-1.1010, 40E-0.109 and 40E-1.6058, F.A.C., as appropriate.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.418, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.4131, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.423, 373.426, 373.428, 373.429, 373.441 FS. History–New_________.

62-330.020 Regulated Activities.

(1) through (2) No change.

(3) The following types of permits are available:

(a) A general permit, as provided in Rule 62-330.052, F.A.C., and Rules 62-330.407 62-330.401 through 62-330.635, F.A.C.

(b) through (c) No change.

62-330.050 Procedures for Review and Agency Action on Exemption Requests.

(1) No change.

(2) If a person desires Agency verification of qualification to conduct an exempt activity, and a self-certification is not available or the person chooses not to use a self-certification, they may submit a written or electronic Form 62-330.050(1) – “Request for Verification of an Exemption,” (effective date), incorporated by reference herein (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02468), or a letter that clearly requests an exemption verification. A copy of the form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. Such request must include:

(a) through (f) No change.

(3) Additional information on completing and submitting a request for verification of an exemption is contained in Rule 62-330.061, F.A.C., and sections 3.2, 4.2, and 4.2.1 of Volume I.

(3) through (8) renumber (4) through (9) No change.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.109, 373.406, 373.4131, 373.4145, 403.813(1), 668.003, 668.004, 668.50 FS. History–New ______.

62-330.051 Exempt Activities.

The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.

(1) through (2)No change.

(3) Aquatic Plant and Organic Detrital Control and Removal –

(a) through (b) No change.

(c) Aquatic plant control where the activity qualifies for an exemption authorized under Section 369.20, F.S., or Rule 68F-20.0035, F.A.C., or in is authorized under a permit from the Florida Fish and Wildlife Conservation Commission under Section 369.20 or 369.22, F.S.; and the harvested plant planted material is not disposed of in wetlands or other surface waters, or in a manner that adversely affects water quality or flood control.

(4) Bridges, Driveways, and Roadways –

(a) No change.

(b) Construction, alteration, or maintenance, and operation, of culverted driveway or roadway crossings and bridges of wholly artificial, non-navigable drainage conveyances, provided:

1. through 7. No change.

8. All work shall comply with subsection 62-330.050(9) 62-330.050(8), F.A.C.

1. through 2. No change.

3. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.; and

4. No change.

(d) Resurfacing of existing paved roads, and grading of existing unpaved roads, provided:

1. through 2. No change.

3. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(e) Repair, stabilization, or paving of existing unpaved roads, and the repair or replacement of vehicular bridges that are part of the unpaved road, where:

1. They were in existence on or before January 1, 2002, and have:

a. Been publicly-used and under county or municipal municipally ownership and maintenance thereafter, including when they have been presumed to be dedicated in accordance with Section 95.361, F.S.;

b. through c. No change.

2. through 7. No change.

8. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(5) Dock, Pier, Boat Ramp and Other Boating-related Work –

(a) No change.

(b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided:

1. No change.

2. No structure is enclosed on more than three sides with walls and doors; and

3. through 4. No change.

(6) Construction, alteration, maintenance, operation, and removal of freshwater fish attractors by the Florida Fish and Wildlife Conservation Commission, U.S. Forest Service, and county and municipal governments, provided:

1. through 7. No change.

8. The provisions of paragraph 62-330.050(9)(d) 62-330.050(8)(d), F.A.C., also shall apply to protect listed species during the work.

(7) Maintenance and Restoration –

(a) through (b) No change.

(c) The restoration of existing insect control impoundment dikes, and the connection of such impoundments to tidally influenced waters under in accordance with Section 403.813(1)(p), F.S., provided:

1. through 4. No change.

(d) Alteration and maintenance of treatment or disposal systems under in accordance with Rule 62-340.700, F.A.C.

(e) Construction and maintenance of swales under in accordance with Section 403.813(1)(j), F.S.

(f) The operation and maintenance of stormwater management systems constructed or altered in conformance with Section 403.814(12), F.S.

(g) renumber (f) No change.

(g) Port dredging under Section 403.813(3), F.S.

(8) No change.

(9) Pipes or Culverts –

(a) No change.

(b) Construction, alteration, operation, maintenance, and removal of outfall pipes, together with associated headwalls, and energy dissipation baffles, rocks, and other scour-reduction devices at the outfall locations, provided:

1. through 6. No change.

7. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(c) The extension of existing culverts and crossing approaches when done to accommodate an activity that does not require a permit under this chapter, when:

1. No change.

2. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(10) The construction, alteration, maintenance, removal or abandonment of recreational paths for pedestrians, bicycles, and golf carts, provided the paths:

(a) through (c) No change.

(d) Comply with the limitations and restrictions in paragraph 62-330.050(9)(a) 62-330.050(8)(a), F.A.C.

(11) Sampling and Testing –

(a) Collection of seagrass, macroalgae, and macrobenthos in accordance with the terms and conditions of a permit or license Marine Special Activity License issued by the Florida Fish and Wildlife Conservation Commission under Chapter 68B-8, F.A.C., (November 19, 2009), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02532). A copy may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(b) Construction, operation, maintenance, and removal of scientific sampling, measurement, and monitoring devices, provided:

1. through 3. No change.

4. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization –

(a) Construction replacement, and repair of seawalls or riprap in artificial waters and residential canal systems under in accordance with Section 403.813(1)(i), F.S., including only that backfilling needed to level the land behind seawalls or riprap.,

(b) The restoration of a seawall or riprap under in accordance with Section 403.813(1)(e), F.S., where:

1. The seawall or riprap is still functional or has been damaged or destroyed rendered non-functional within the last year by a discrete event, such as a storm, flood, accident, or fire or where the seawall or rip rap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair and does not involve land reclamation as the primary project purpose, as further explained in section 3.2.4 of Volume I;

2. through 3. No change.

(e) Restoration of an eroding shoreline with native wetland vegetative enhancement plantings, provided:

1. through 5. No change.

6. No fill is placed other than that needed to support the vegetative plantings, except that a “breakwater” is authorized to be established concurrent with the planting if permanent wave attenuation is required to maintain the shoreline vegetation, provided:

a. through e. No change.

f. All work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(13) Single-Family Residences and Associated Residential Improvements –

(a) The construction, alteration, maintenance, removal, and abandonment of one, individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements, that:

1. through 2. No change.

3. Comply with the limitations and restrictions in paragraph 62-330.050(9)(a) 62-330.050(8)(a), F.A.C.

(b) No change.

1. Within the boundaries of a valid permit issued under Part part IV of Chapter chapter 373, F.S., and it was accounted for under the permit, or

2. No change.

(14) Utilities –

(a) through (c) No change.

(d) Activities necessary to preserve, restore, repair, remove, or replace an existing communication or utility pole or aerial transmission or distribution line, provided there is no dredging or filling in wetlands or other surface waters except to remove poles and replace them with new poles, and temporary mats needed to access the site in accordance with paragraph 62-330.051(7)(f) 62-330.051(7)(g), F.A.C. The activity must not increase the voltage of existing power lines or relocate existing poles or lines more than 10 feet in any direction from their original location.

(e) Installation, removal, and replacement of utility poles that support telecommunication lines or cables, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support those poles. “Anchoring device” shall mean steel guy wires fastened to the ground, without the need for dredging, and “base” shall mean a concrete or steel foundation not exceeding four feet in radius, used to support a utility pole. Work must comply with the following:

1. through 10. No change.

11. Work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(f) No change.

1. through 2. No change.

3. Work is conducted in compliance with subsection 62-330.050(9) 62-330.050(8), F.A.C.

(15) through (16) No change.

62-330.0511 No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment, or Removal of Minor Silvicultural Surface Water Management Systems.

(1) No change.

(2) The construction, operation, maintenance, alteration, abandonment, or removal of the minor silvicultural surface water management system described below shall be initiated only after a completed Notice of Intent to Construct a Minor Silvicultural System, Form 62-330.0511(1), [Effective Date], incorporated by reference herein (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02510), is received by the Agency, or is properly addressed and stamped and deposited in the United States mail, in which case the postmark date shall be the date of receipt. Persons may also submit annual schedules of proposed silvicultural surface water management systems that meet the requirements of this section, including completed notices for each activity. A copy of the above form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(3) No change.

(4) The systems identified in subsection (3), above, must meet the following performance standards:

(a) through (h) No change.

(i) If climatic or flow conditions prevent the removal of a temporary crossing within the time frame specified in this section, the applicant may re-submit the submit another application identified in subsection (2) to extend the time period for removal and restoration of the temporary crossing. The person must provide a written explanation and evidence supporting the need to reauthorize the crossing and must specify the additional time needed to remove the crossing, which may not exceed one year.

(5) No change.

62-330.052 General Permits – General.

Rules 62-330.401 through 62-330.635, F.A.C., contain the procedures to submit a notice to use a general permit, the procedures for their review, the general conditions that apply to them, and the terms and specific conditions of each general permit. Those provisions do not apply to activities that qualify for the general permit in Section 403.814(12), F.S. (2012).

62-330.054 Individual Permits.

(1) through (3) No change.

(4) An individual permit required solely pursuant to both paragraph 62-330.020(2)(i), F.A.C., and Chapter 40C-44, F.A.C., shall be reviewed and acted upon in accordance with Chapter 40C-44, F.A.C., (effective date), incorporated by reference herein (effective date) (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02533) and application for such permit shall be made in accordance with that chapter. A copy of Chapter 40C-44, F.A.C., may be obtained as provided in subsection 62-330.010(5), F.A.C.

62-330.055 Conceptual Approval Permits for Urban Infill or Redevelopment.

A county or municipality may request a conceptual approval permit for activities occurring within urban infill and redevelopment areas or activities occurring within a community redevelopment areas area created under Part III of Chapter 163, F.S., or an urban infill and redevelopment area designated under Section 163.2517, F.S. Following approval of the conceptual permit, any construction, alteration, operation, maintenance or removal consistent with the conceptual permit may be authorized under a notice of intent to use the general permit in Rule 62-330.450, F.A.C.

(1) No change.

(2) An application for a A conceptual approval permit application for urban redevelopment and infill activities shall also include:

(a) A demonstration that the redevelopment will achieve a net improvement of the quality of stormwater in accordance with Section 373.4131(1)(b)2, F.S. through a reduction in pollutant loading discharged after development, as compared to the predevelopment condition existing on the date of application for the conceptual permit. If constructed activities within the designated area have been demolished to reduce blighted conditions, the predevelopment condition will be considered to be that of the land use immediately preceding such demolition subsequent to designation of the urban infill and redevelopment area.

(b) Documentation of Controls that limit the rate and volume of stormwater discharges to that existing as of the date of the application, and information sufficient to estimate the maximum rate and volume of stormwater discharges that will exist as of the date of issuance of the conceptual approval permit predevelopment condition.

(3) Consistent with the approved stormwater management master plan, the conceptual approval permit will:

(a) through (c) No change.

(d) Allow the rate and volume of stormwater discharges for stormwater management systems within the urban infill or redevelopment area to continue up to the maximum rate and volume of stormwater discharges allowed under Section 373.4131(1)(b)4, F.S. as of the date the application for the conceptual approval permit is complete or, for areas that already have been demolished to reduce blighted conditions, the land use immediately preceding such demolition subsequent to designation of the urban redevelopment and infill area.

(4) No change.

(5) Issuance of the conceptual approval permit and activities undertaken under the general permit in Rule 62-330.450, F.A.C., must comply with the provisions of Section 373.4131(1)(b)1, F.S.

(5) renumber (6) No change.

62-330.056 Other Conceptual Approval Permits.

(1) through (12) No change.

(13) Conceptual approvals for ports are available and shall be reviewed in accordance with Section 373.4133, F.S.

62-330.060 Content of Applications for Individual and Conceptual Approval Permits.

(1) An application for an individual permit or conceptual approval permit shall be made on Form 62-330.060(1), “Joint Application for Individual And Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit,” including the information required in the applicable Sections A through H [effective date], incorporated by reference herein (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02511) , a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., or by use of the equivalent e-application form of the applicable Agency.

(2) No change.

(3) The applicant must certify that it has sufficient real property interest over the land upon which the activities subject to the application will be conducted, as required in Section A of Form 62-330.060(1) and Section 4.2.3(d) of the Applicant’s Handbook Volume 1. The applicant owner or the applicant’s owner authorized agent must sign Part 4.A. of the application, and the applicant must sign Part 4.B. If the applicant’s authorized agent signs Part 4.A, the applicant also must sign Part 4.C and include authorization for Agency staff to access the site of the proposed activity. Applications signed by agents must contain a letter of authorization that is signed by the owner.

(4) No change.

62-330.062 Water Quality Certification and Coastal Zone Consistency Concurrence.

(1) A State Water Quality Certification under In accordance with Section 401 of the Clean Water Act, 33 U.S.C. Section 1341, shall be provided as described below.:

(a) through (c) No change.

(2) A complete application for an individual or conceptual approval permit for activities located in or seaward of coastal counties, and, in whole or in part, in, on, or over wetlands or other surface waters, shall also constitute a request for the State’s concurrence that the activities are consistent with the enforceable policies included in the Florida Coastal Management Program (FCMP) under the “Coastal Zone Management Act”, (CZMA), 16 U.S.C. Sections 1451-1466 1451-65, and its implementing regulations, 15 C.F.R. Part 930. In accordance with Section 380.23, F.S.:

(a) No change.

(b) Applications for federally permitted or licensed activities that qualify for an exemption under Section 373.406 or 403.813(1), F.S., and this chapter, or the “10/2” general permit under Section 403.814(12), F.S., are not eligible to be reviewed for federal consistency with Part IV of Chapter 373, F.S. The U.S. Army Corps of Engineers (Corps) or any designated Federal, State or local agency administering general permits on behalf of the Corps under 33 C.F.R. Section 325.2(b)(2) may presume such exempt activities are consistent with the permitting Agency’s authorities within the FCMP, provided the activity receives any applicable authorization to use and occupy state-owned submerged lands under Chapter 253, F.S., and Chapter 18-21, F.A.C., and, as applicable, Chapter 258, F.S., and Chapter 18-18 or 18-20, F.A.C.

62-330.071 Fees.

(1) A processing fee is required to be submitted with an application, notice, or petition under this chapter. The amount of the fee is specified in the following rules of the applicable Agency where the application, notice, or petition is submitted. The rules in paragraphs (b) through (e), are incorporated by reference herein. A copy of the incorporated material may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(a) Department or Northwest Florida Water Management District – Rule 62-4.050, F.A.C.

(b) Suwannee River Water Management District – Rule 40B-1.706, F.A.C., [effective date], (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02534).

(c) St. Johns River Water Management District – Rule 40C-1.603, F.A.C., [effective date], (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02535).

(d) Southwest Florida Water Management District – Rule 40D-1.607, F.A.C., [effective date], (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02536).

(e) South Florida Water Management District Rule – Rule 40E-1.607, F.A.C., [effective date], (insert DOS URL) (https://www.flrules.org/Gateway/reference.asp?No=Ref-02537).

(f) No change.

(2) through (4) No change.

62-330.090 Processing of Individual and Conceptual Approval Permit Applications.

(1) through (5) No change.

(6) A permit shall only be issued to an entity the record title holder of the lands on which the application is proposed, the holder of a recorded easement conveying the right to use the property for a purpose consistent with the authorization requested in the permit application, or those having the right to exercise the power of eminent domain or having a contract to purchase the real property on which the application is proposed meeting the requirements of section 4.2.3(d) of Volume I.

(7) The Agency shall cause a “Recorded Notice of Environmental Resource Permit” Form No. 62-330.090(1), [effective date], incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-02519), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., to be recorded in the public records of the county where the property is located unless otherwise noted in the permit. This notice shall not be considered an encumbrance upon the property. Such notice need not be recorded when the entire activity:

(a) through (b) No change.

(d) through (g) renumber (c) through (f) No change.

62-330.201 Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters.

(1) through (2) No change.

(3) If a law is enacted that provides for the extension of permits issued pursuant to Part IV of Chapter 373, F.S., during specified dates and without payment of a fee, then a petition for a new formal determination for a property for which a formal determination already exists and that has an expiration date between such specified dates may be submitted without payment of a fee and shall be granted for the same duration as allowed for the no-fee extension of permits, provided:

(a) The petitioner certifies that the physical conditions on the property have not changed, other than changes which have been authorized by a permit pursuant to Part IV of Chapter 373, F.S.; and

(b) The petition is received prior to December 31 of the year in which the law extending permits without fee became effective or within 60 days prior to the expiration of the existing determination, whichever is earlier.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.421(2), 403.0877 FS. Law Implemented 120.54(5)(a), 373.026, 373.4131, 373.421(2) , 373.441 FS. History–New 7-4-95, Amended 8-14-96, 8-16-98, 2-19-03, Formerly 62-343.040, Amended ______.

62-330.301 Conditions for Issuance of Individual and Conceptual Approval Permits.

(1) To obtain an individual or conceptual approval permit, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal, or abandonment of the projects regulated under this chapter:

(a) through (d) No change.

(e) Will not adversely affect the quality of receiving waters such that the state water quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated;

(f) through (k) No change.

(2) through (4) No change.

(5) Forms for demonstrating that an applicant has met the financial responsibility requirements of sections 10.3.7 through 10.3.7.9 of Volume I shall be in substantial conformance with the forms incorporated by reference below, a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(a) Form 62-330.301(1), “Performance Bond To Demonstrate Financial Assurance for Mitigation,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02472).

(b) Form 62-330.301(2), “Irrevocable Letter of Credit To Demonstrate Financial Assurance for Mitigation,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02473).

(c) Form 62-330.301(3), “Standby Trust Fund Agreement to Demonstrate Financial Assurance for Mitigation,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02474).

(d) Form 62-330.301(4), “Trust Fund Agreement to Demonstrate Financial Assurance for Mitigation,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02477).

(e) Form 62-330.301(5), “Escrow Agreement,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02476).

(f) Form 62-330.301(6), “Guarantee Bond To Demonstrate Financial Assurance for Mitigation,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02488).

(6) Forms for recording of a conservation easement in the public records in favor of the Agency shall be in substantial conformance with the forms incorporated by reference below, a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The use of these forms shall constitute consistency with Section 704.06, F.S. Where the applicant demonstrates that project specific conditions necessitate deviation from language of the accepted forms, alternative language shall be accepted provided that the intent of Section 704.06, F.S., and section 10.3.8 of Volume I continue to be met:

(a) through (e) No change.

(f) Form 62-330.301(13), “Deed of Conservation Easement with Third Party Beneficiary Rights to the U.S. Army Corps of Engineers,” [effective date] (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02494).

(g) through (j) No change.

(7) An overwater pier, dock, or similar structure located in a deepwater port listed in Section 311.09, F.S., does not require treatment of stormwater runoff from its impervious surfaces subject to the requirements of Section 373.406(12), F.S.

62-330.302 Additional Conditions for Issuance of Individual and Conceptual Approval Permits.

(1) In addition to the conditions in Rule 62-330.301, F.A.C., to obtain an individual or conceptual approval permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, repair, removal, and abandonment of a project:

(a) through (b) No change.

(c) Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III waters classified by the Department of Agriculture and Consumer Services as approved, restricted, conditionally approved, or conditionally restricted for shellfish harvesting as found in Chapter 5L-1, F.A.C., will comply with the additional criteria in section 10.2.5 of Volume I. A copy of these materials may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(d) No change.

(2) No change.

62-330.310 Operation and Maintenance.

(1) through (3) No change.

(4)(a) through (b) No change.

(5) through (7) No change.

62-330.340 Transfer of Permit Upon Change in Ownership or Control.

(1) No change.

(2) Except as provided in subsection (1) or as otherwise required in an individual or conceptual approval permit, a permittee shall notify the Agency in writing within 30 days of any change in ownership or control of any portion of the real property upon which an activity is permitted under this chapter or Chapter 62-342,, F.A.C. A person who obtains an interest in or control of such real property shall:

(a) Request transfer of the permit and desires to become the new permittee or a co-permittee; or, shall request transfer of the permit.

(b) Provide written documentation of the following:

1. Certification in accordance with subsection 62-330.060(3), F.A.C., that the permittee continues to retain sufficient real property interest over the land upon which the activities subject to the permit will be conducted; and

2. Authorization for Agency staff with proper identification to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

(3) through (6) No change.

62-330.350 General Conditions for Individual Permits.

(1) The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project-specific conditions.

(a) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., Any deviations that are not so authorized may subject or the permit may be revoked and the permittee may be subject to enforcement action and revocation of the permit under Chapter 373, F.S.

(b) No change.

(c) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5. 62-330.050(8)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

(d) through (m) No change.

(n) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012).

(o) through (r) No change.

(2) No change.

62-330.360 Emergency Authorizations and Actions.

When the Agency has determined that immediate action is necessary to abate an emergency condition, the Agency shall use one of the following measures below to authorize the work. “Emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety or welfare, or the water resources of the Agency, including the health of aquatic and wetland-dependent species; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness Mere carelessness or the lack of planning on the part of an applicant for an emergency authorization shall not be sufficient grounds to warrant the granting of an emergency authorization.

(1) through (2) No change.

(3) Issuance of an emergency field authorization when an application is not currently under consideration by the Agency. The entity requesting the emergency field authorization shall complete an “Agency Emergency Field Authorization” Form 62-330.360(1), which is incorporated by reference herein [effective date] (http://www.flrules.org/Gateway/reference.asp?No=Ref-02506). A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. The activity authorized by the emergency field authorization may commence upon approval by the Agency’s field representative. The recipient of an emergency field authorization is responsible for compliance with all the terms and conditions of the authorization. Within 90 days of issuance of an emergency field authorization, the recipient shall either restore the site to the conditions existing before the emergency, or apply for an application to perform the work in accordance with the requirements for obtaining verification of an exemption or permit, as applicable, under this chapter.

62-330.395 Variances.

(1) In addition to a variance available under Section 120.542, F.S., the Agencies are authorized to grant a variance from the provisions of Section 373.414, F.S., paragraph 62-330.301(1)(e), F.A.C., and Rule 62-330.302, F.A.C., pursuant to Section 373.414(17), F.S. (2012). A person seeking a variance under Section 373.414(17), F.S., must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the general intent and purpose of this chapter.

(a) Any person seeking a variance under this subsection shall file a petition for a variance containing the following information:

1. through 5. No change.

6. The steps or measures the petitioner is taking to meet the requirement from which the variance is sought. If the request is pursuant to Section 403.201(1)(b), F.S. (2012), the petitioner shall include a schedule when compliance will be achieved.

7. No change.

(b) No change.

(c) The Agency shall prepare a notice of intended agency action regarding the petition for a variance, and shall publish it one time in the Florida Administrative Register. For variance petitions processed by the Department, the petitioner shall also publish notice of intended agency action one time, at its expense, in a newspaper of general paid circulation, as defined in Section 50.031, F.S. (2012), in the county in which the property for which the variance is sought is located. For variance petitions processed by the District, the District will cause the notice of intended agency action to be published, one time, in a newspaper of general circulation, as defined in Section 50.031, F.S., in the county in which the property for which the variance is sought is located.

(2) No change.

62-330.401 Policy and Purpose of General Permits.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 2-19-03, 10-1-07, Formerly 62-341.201, Amended__________.

62-330.402 Submittal and Processing of General Permits.

(1) A person wishing to construct, operate, maintain, alter, abandon, or remove projects under a general permit shall provide notice using Form 62-330.402(1), “Notice of Intent to Use an Environmental Resource General Permit,”[effective date], incorporated by reference herein (insert DOS URL) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02507), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The notice must be received by the applicable Agency at least 30 days prior to initiating the activities authorized by the general permit, or at such other time as specified in the general permit.

(2) through (5) No change.

(6) At their discretion, persons qualifying for a general permit may publish a notice of qualification to use a general permit, in a newspaper of general paid circulation under Chapter 50, F.S., in the affected area. The Agency will not publish, or require the person to publish, such notice.

Rulemaking Authority 373.044, 373.113, 373.118, 373.413, 373.4131 FS. Law Implemented 373.116(2), 373.118(3), 373.413, 373.4131, 373.416, 373.426, 403.814, 668.003, 668.004, 668.50 FS. History–New ___________.

62-330.405 General Conditions for All General Permits.

The following general permit conditions are binding upon the permittee and are enforceable under Part IV of Chapter 373, F.S. These conditions do not apply to the general permit in Section 403.814(12), F.S.

(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of Part IV of Chapter 373, F.S., and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. result in suspension or revocation of the permittee’s right to conduct such activity under the general permit. The Agency also may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions.

(2) through (9) No change.

(10) The permittee shall maintain any permitted project or activity system in accordance with the plans submitted to the Agency and authorized in this general permit.

(11) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), available at www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual_6_07.pdf, and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf, which are both incorporated by reference in subparagraph 62-330.050(8)(b)5., F.A.C.

(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:

a. through d. renumber (a) through (d) No change.

(13) through (14) No change.

(15) Except where specifically authorized in a general permit, activities must not:

1. through 2. renumber (a) through (b) No change.

(16) through (17) No change.

(18) The permittee shall comply with the following when performing work within waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:

1. through 4. renumber (a) through (d) No change.

(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out.

(19) through (20) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended__________.

62-330.410 General Permit for Dredging by the West Coast Inland Navigation District in Sarasota and Manatee Counties.

(1) A general permit is granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds listed in Table 1 “Trafficsheds, Dredge Depth Limits, and Trafficshed Report Identification Numbers for Use in Noticed General Permit 62-330.410” effective [effective date] [insert DOS URL] and Figure 1 “Trafficshed Locations” effective August 4, 2002 [insert DOS URL], and as described in the following reports identified in paragraphs (1)(a) through (d), below. Table 1, Figure 1, and the reports, which are incorporated by reference herein; a copy of each may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.:

(a) Antonini, Gustavo A., and Paul Box, September 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida, (insert DOS URL);

(b) Swett, Robert A., Gustavo A. Antonini and Sharon Schulte, July 1999, Regional Waterway Management System for North Manatee County, TD-2, Florida Sea Grant College Program, Gainesville, Florida, (insert DOS URL);

(c) Antonini, Gustavo A., David Fann, and Robert A. Swett, November 7, 2000, Miguel Bay, Florida: Inventory of Boats, Depths and Signs; and a Waterway Restriction Analysis, TP-2A, Florida Sea Grant College Program, Gainesville, Florida, (insert DOS URL);

(d) Antonini, Gustavo A., Robert Swett, Sharon Schulte and David Fann, July 1998, Regional Waterway Management System for South Sarasota County, TD-1, Florida Sea Grant College Program, Gainesville, Florida, (insert DOS URL).

(2) No change.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) through (f) No change.

(g) After dredging, the trafficshed shall be marked with appropriate aids to navigation in order to prevent damage to seagrass beds and to minimize turbidity. The permittee is advised that Chapter 327, F.S., governs shall govern the placement and marking of such aids to navigation.

(h) In addition to the conditions in subsection 62-330.405(18), F.A.C., the following additional manatee conditions shall apply:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel shall be responsible for observing water-related activities for the presence of manatees.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee being harmed, harassed, or killed as a result of construction activities, the Department will refer the matter to the Florida Fish and Wildlife Conservation Commission for appropriate action.

3. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign that reads “Caution: Boaters” must be posted. A second sign measuring at least 8 1/2 inches by 11 inches explaining the requirements for “Idle Speed/No Wake” and the shut-down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at www.MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myfwc.com.

(h) renumber (i) No change.

(4) through (5) No change.

Table 1, Trafficsheds, Dredge Depth Limits, and Trafficshed Report Identification Numbers for Use in Noticed General Permit 62-341.490

Figure 1, Trafficshed Locations

62-330.412 General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County.

(1) A general permit is granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds and secondary channel systems listed in Table 1 “Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and Trafficshed Report Identification Numbers” effective 18 February 2010, incorporated by reference herein [insert DOS hyperlink] and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program, Gainesville, Florida (30 October 2008), incorporated by reference herein [insert DOS hyperlink]. Copies of Table 1 and SGEF-173 may be obtained from the Department as described in subsection 62-330.010(5), F.A.C. Additional information on the background, methodology, and data used in identifying the trafficsheds and secondary channel systems that are the subject of this general permit is described in the following reports:

(a) through (d) No change.

(2) This general permit is further limited as follows:

(a) through (c) No change.

(d)1. The “No Internal Combustion Motor Zones” (NICMZs) shown and described in Exhibit A, effective February 18, 2010, incorporated by reference herein [insert DOS hyperlink], which reflect the boundaries approved in Resolution 07-09-49 of the Lee County Board of County Commissioners on September 25, 2007, are hereby established by this general permit. A copy of Exhibit A may be obtained from the Department as described in subsection 62-330.010(5), F.A.C. Within these NICMZs, the use of electric motors is permitted, but operators of all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water.

2. through 3. No change.

(e) through (h) No change.

(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-330.405, F.A.C., and the following specific conditions.

(a) through (f) No change.

(g) The permittee shall be responsible for ensuring that all contractors and other entities implementing this general permit comply with the following standard manatee and marine turtle conditions.

1. renumber 3. No change.

4. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign that reads “Caution: Boaters” must be posted. A second sign measuring at least 8 1/2 inches by 11 inches explaining the requirements for “Idle Speed/No Wake” and the shut-down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at www.MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myfwc.com.

2. through 5. renumber 5. through 8. No change.

(h) through (m) No change.

(4)(5) A Letter of Consent is granted in accordance with subparagraphs 18-21.005(1)(c)10., 15. and 16., F.A.C., by the Board of Trustees of the Internal Improvement Trust Fund (BOT), for the West Coast Inland Navigation District to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities,. A Letter of Consent also is granted in accordance with subparagraphs 18-21.005(1)(c)15. and 16., F.A.C., from the BOT to Lee County and the West Coast Inland Navigation District to establish, mark, and enforce the NICMZs depicted in Exhibit A.

(6) renumber (5) No change.

Table 1, Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and Trafficshed Report Identification Numbers--See existing Rule 62-330.412, F.A.C.

Exhibit A, Legal Description and map of the Central Estero Bay No Combustion Motor Zone-- See existing Rule 62-330.412, F.A.C.

Exhibit A, Legal Description and map of the Big Carlos No Combustion Motor Zone--See existing Rule 62-330.412, F.A.C.

Exhibit A, Legal Description and map of the Jug Creek Shoals No Combustion Motor Zone--See existing Rule 62-330.412, F.A.C.

Exhibit A, Legal Description and map of the Matlacha Pass No Combustion Motor Zone--See existing Rule 62-330.412, F.A.C.

62-330.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities.

(1) through (2) No change.

(3) Construction of the boat ramp is limited as follows:

(a) through (b) No change.

(c) Construction or expansion of a multi-family, commercial, or governmental boat ramp under paragraph (1)(b), (c), or (d) in waters that are accessible to manatees must meet the following criteria:

1. No change.

2. The proposed boat ramp facility must have a kiosk or permanent information display board providing information on manatee protection and applicable manatee zones as adopted in Chapter 68C-22, F.A.C., (June 13, 2012) [insert DOS URL], which is incorporated by reference herein and available as provided in subsection 62-330.010(5), F.A.C., for that county.

(d) No change.

(4) No change.

(5) Commercial or governmental entities proposing to construct a boat ramp under paragraph (1)(c) or (d) shall execute and record in the public land records of the county in which the boat ramp is located a fully executed binding agreement. Commercial entities shall execute and record the Agreement to Maintain Public Access,, incorporated herein as Form 62-330.417(1) [effective date] (http://www.flrules.org/Gateway/reference.asp?No=Ref-02508), ensuring the facility will remain open to the general public for the life of the facility. Governmental entities shall execute and record the Agreement to Maintain Public Access and Operate Stormwater System Systems, incorporated herein as Form 62-330.417(2) [effective date] (http://www.flrules.org/Gateway/reference.asp?No=Ref-02509), ensuring the facility will remain open to the general public for the life of the facility and to ensure that the stormwater management system associated with the boat ramp will be operated and maintained for the life of the system. Copies of incorporated materials may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (5), 373.406(5), 373.413, 373.4131, 373.414(1), (9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 12-9-09, Formerly 62-341.417, Amended___________.

62-330.427 General Permit for Certain Piers and Associated Structures.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.427, Amended_________.

62-330.428 General Permit for Floating Vessel Platforms and Floating Boat Lifts.

A general permit is granted to the owner of an individual, detached, private single-family residence to construct, alter, operate, maintain, and remove floating vessel platforms or floating boat lifts (“platforms or lifts”) at their residence, under the following conditions:

(1) No change.

(2) The dock or seawall must meet one of the following:

(a) No change.

(b)(c) It complies with a permit issued under Chapter 403, F.S., or Part IV of Chapter 373, F.S.; or

(d) renumber (c) No change.

(3) No change.

(4) If located within submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, the following additional conditions must also be met to qualify for consent to use and occupy such lands under Chapter 253, F.S.:

(a) The platforms and lifts must be installed, operated and maintained in conformance with all the applicable terms and conditions of subsections 18-21.004(3) and (7), F.A.C., (March 12, 2012) and Rule 18-21.0041, F.A.C. (March 12, 2012).

(b) through (c) No change.

62-330.431 General Permit for Installation of Riprap.

(1) No change.

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

(a) through (d) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.431, Amended_________.

62-330.437 General Permit for Installation of Fences.

(1) through (3) No change.

(4) The fence shall be constructed of wire attached to posts rising at least two feet above the mean high water, the mean annual flood, or the ordinary high water elevation of the waterway; and

(5) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.437, Amended_________.

62-330.443 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Bridge Alteration, Placement, Replacement, Removal, Maintenance, and Operation.

(1) No change.

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

(a) through (b) No change.

(c) All fill placed in wetlands, other than fill on which a bridge or approach is constructed, shall be regraded to the original wetland elevations and revegetated with native wetland species endemic to adjoining, undisturbed wetlands, within seven days of completion of construction. Within “clear zones,” revegetation shall be with native herbaceous species endemic to adjoining, undisturbed wetlands. During the five-year period following the initial planting or restoration of the site, these areas shall be maintained to ensure planted or naturally recruited native wetland species are surviving and growing, and that the areal coverage of exotic and invasive species constitutes less than 10% areal coverage.;

(d) through (e) No change.

(f) .Replacement or modification of a bridge that includes changes in the configuration of the bridge and fill areas due to changes in materials, construction techniques, or meeting current construction codes or safety standards are authorized under this permit. Any connecting road expansion or alteration associated with such replacement or modification must be authorized by a separate general or individual permit under Chapter 62-330, F.A.C., as applicable, before the start of construction; and

(g) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.419, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.443, Amended_________.

62-330.447 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities within Existing Rights-of-Way or Easements.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.419, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.447, Amended_________.

62-330.450 General Permit for Construction, Alteration, and Operation of Urban Infill and Redevelopment Activities in Conformance with the Conceptual Approval Permit in Rule 62-330.056, F.A.C.

(1) The activities must be within a community redevelopment area created under Part III of Chapter 163, F.S., or an urban infill and redevelopment area designated under Chapter 163 Section 163.2517, F.S., that is the subject of a conceptual approval permit issued under Rule 62-330.055, F.A.C.

(2) through (7) No change.

62-330.451 General Permit to Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities.

(1) through (4) No change.

(5) A stormwater quality retrofit activity must result in at least one of the following:

(a) No change.

(b) Addition of treatment or attenuation capability to an existing developed area when either the existing stormwater management system or the developed area has substandard stormwater treatment or and attenuation capabilities, compared to what would be required for a new system requiring a permit under Part IV of Chapter 373, F.S.; or

(6) through (10) No change.

62-330.453 General Permit for Installation, Maintenance, Repair, and Removal of Underground Utility Lines.

(1) through (2) No change.

(3) This general permit is limited as follows:

(a) through (g) No change.

(h) Installation, maintenance, repair, and removal conducted using directional drilling or jack-and-bore methods are subject to the following special conditions:

1. through 3. No change.

4. The use of drilling fluids shall not cause or contribute to a violation of state ground water quality criteria or standards, as defined in Chapter 62-520, F.A.C.

5. through 8. No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.453, Amended_________.

62-330.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.455, Amended_________.

62-330.458 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities.

(1) No change.

(2) Activities conducted under this general permit shall comply with subsection 403.814(6), F.S., and the following additional conditions.

(a) No change.

(b) Any mechanized equipment that is used to cut or remove vegetation shall be of a type and be operated so as to 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 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. through 2. No change.

3. Exotic Nuisance and exotic vegetation within the right-of-way.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1), 403.814(6), 403.814(7) FS. History–New 10-3-95, Formerly 62-341.620, Amended_________.

62-330.459 General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.4137, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.621, Amended_________.

62-330.463 General Permit for Breaching Mosquito Control Impoundments and for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies.

(1) A general permit is granted to any governmental mosquito control agency to construct and operate culverts and associated water control structures for the control of water levels in mosquito control impoundments, and to breach mosquito control impoundments, provided:

(a) through (g) No change.

(h)(g) Spoil material excavated during construction of the breaches shall be handled and deposited so as to prevent violations of state water quality standards for turbidity, and shall be contained in a self-contained upland disposal site; and

(i) No change.

(2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.463, Amended_________.

62-330.475 General Permit for Minor Activities and Single-family Residential Activities in Isolated Wetlands.

(1) through (2) No change.

(3) .The Agency will provide written notification to the person proposing to use this general permit whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Agency has provided written notice that the applicant qualifies for the general permit.

(4) through (6) No change.

62-330.483 General Permit to the Department and Water Management Districts to Conduct Minor Activities.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.483, Amended_________.

62-330.485 General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement.

(1) through (2) No change.

(3) When the activity is to be conducted by the Department, the Department shall provide the notice and any processing fee required by Rule 62-330.071, F.A.C., to the appropriate District.

(4) When the activity is to be conducted by a District, the District shall provide the notice and any required fee to the appropriate Department office.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.485, Amended_________.

62-330.487 General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.487, Amended_________.

62-330.488 General Permit to Governmental Entities for Certain Public Use Facilities at Public Natural Areas.

62-330.490 General Permit for the Reclamation of Eligible Phosphate Lands Mined Before July 1, 1975.

(1) A general permit is granted to all owners of lands mined or disturbed by the severance of phosphate before July 1, 1975, whose reclamation program application has been approved by the Department under Chapter 378, Part I, F.S., Department’s Office of Mining and Minerals Regulation, providing the reclamation program:

(a) through (b) No change.

(2) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 378.034, 378.035, 403.814(1) FS.History–New_________.

62-330.492 General Permit for Prospecting for Limestone Sand, and Peat.

(1) through (2) No change.

(3) No change.

(a) No activities shall be conducted in Outstanding Florida Waters, Aquatic Preserves, Class I waters, Class II waters, waters which are classified by the Florida Department of Agriculture and Consumer Services as approved, restricted, conditionally approved or conditionally restricted for shellfish harvesting in Rule 5L-1.003, F.A.C., or wetlands used by endangered or threatened species designated in Rule 68A-27.003, F.A.C. (September 19, 2012), which is incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02572), or 50 Code of Federal Regulations, Section 17.12, (October 1, 2011), which is incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02575). Copies of incorporated material may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. For purposes of this permit, a wetland is used by endangered or threatened species if reasonable scientific judgment indicates that the wetland provides habitat in which endangered or threatened species engage in activities such as resting, feeding, breeding, nesting or denning.

(b) through (g) No change.

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 9-4-05, Formerly 62-341.492, Amended_________.

62-330.493 General Permit to Perform Prospecting Activities for Phosphate Minerals.

62-330.494 General Permit for Temporary Dragline Crossings of Waterways for Mining Activities.

62-330.495 General Permit for Low Water Crossings for Mining Activities.

62-330.496 General Permit for Dry Borrow Pits of Less than Five Acres.

A general permit is granted for the construction, operation, maintenance, reclamation, or abandonment of a minor borrow pit for excavation of sand and other soil materials provided that all of the following conditions are met:

(1) through (3) No change.

(4) Borrow pits authorized under this permit must meet the following conditions:

(a) through (f) No change.

(g) Applicants are advised that a borrow pit that is operated as a mine, as defined in section 2 of Volume I, will be subject to the mine reclamation requirements under Part III of Chapter 378, F.S. (2012).

62-330.501 General Permit for Temporary Agricultural Activities within the South Florida Water Management District.

(1) A general permit is granted to any property owner for temporary agricultural activities within the South Florida Water Management District, provided all the following criteria are met.

(a) through (d) No change.

(e) No works or farming activities shall occur within 50 feet of a wetland as defined in Section 373.019 (27), F.S. (2012). If wetlands are located within the project area, a minimum 50-foot undisturbed buffer must be maintained around the wetland;

(g) through (q) No change.

(2) through (3) No change.

62-330.505 General Permit to the U.S. Forest Service for Minor Works within National Forests.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.495, Amended ________.

62-330.600 General Permit for the Construction of Artificial Reefs.

(1) No change.

(a) No change.

(b) The material shall be free of soils, oils and greases, debris, litter, putrescible substances or other pollutants;

(b) through (c) renumber (c) through (d) No change.

(2) No change.

(a) through (f) No change.

(g) The permittee shall notify the National Ocean Service, National Oceanic and Atmospheric Administration Association, U.S. Department of Commerce, Rockville, Maryland, and the Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management, via e-mail at artificialreefdeployments@myfwc.com of the precise location of the reef within 30 days of placement of the reef material.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.600, Amended_________.

62-330.602 General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.602, Amended_________.

62-330.630 General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities.

(1) No change.

(2) The following shall not be eligible for this general permit; copies of the materials incorporated by reference below may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.:

(a) through (c) No change.

(d) Activities that adversely affect animal species that are listed as endangered, threatened or of special concern in Rule 68A-27.003, or Rule 68A-27.005, F.A.C., (September 19, 2012), which is incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02601), or 50 Code of Federal Regulations, Section 17.12, (October 1, 2011), and endangered or threatened plant species listed in 50 Code of Federal Regulation 17.12, when such plants are located in a wetland or other surface water;

(e) through (h) No change.

(3) No change.

(4) Activities under this general permit are subject to the following additional provisions and limitations. The activities:

(a) Shall not be available for use as future mitigation credit for a separate activity that requires a permit under Part IV of Chapter 373, F.S. (2012), a water quality certification, or a coastal zone consistency concurrence;

(b) No change.

(c) Must not cause adverse flooding to on-site or off-site property, adverse impacts to existing surface water storage or conveyance capabilities, adverse secondary impacts to the water resources, adverse impacts to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S. (2012), adverse impacts to a Works of the District established pursuant to Section 373.086, F.S. (2012), or adverse effects to properties outside the area to be enhanced or restored;

(d) Must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable special basin and geographic area criteria established in Chapters 40C-41 or 40E-41, F.A.C., both of which are incorporated by reference in paragraph 62-330.302(1)(k), F.A.C.

(e) Must not be for the primary purpose of providing or enhancing recreation or other public uses of the lands that are enhanced or restored under this general permit, although such are not prohibited from being made available for compatible public recreation activities. However, the construction, alteration, operation, removal, maintenance, or abandonment of public recreational facilities, such as parking lots, roads, trails, boardwalks, docks, piers, observation decks, kiosks, and visitor’s centers, or any project serving those facilities, are not authorized under this general permit, and must be authorized in accordance with Part IV of Chapter 373, and Chapters 253 and 258, F.S. (2012), prior to their construction and use.

(5)(a) No change.

1. through 3. No change.

4. Should the Corps' contractors propose to use flocculating agents agent such as polymers or alum to consolidate sediments in situ or to otherwise prevent potential water quality violations associated with the project design, the Corps shall coordinate with the Agency agency in advance of submittal of the notice to use this general permit, and shall submit with the notice reasonable assurance that use of such flocculating agents is not likely to cause chronic or acute toxicity in violation of Chapter 62-302, F.A.C., as tested using, at a minimum, elutriate analysis on the specific sediments dredged from or deposited at the project site that require treatment.

5. No change.

(b) No change.

Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.4131, 373.414(9) FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 403.814(1) FS. History–New 12-5-06, Formerly 62-341.486, Amended__________.

62-330.631 General Permit to Governmental Entities for Limited Environmental Restoration or Enhancement Activities.

(1) No change.

(2) To qualify for this general permit, the activity must comply with all the following:

(a) through (b) No change.

(c) The project shall not include fill, placement of riprap, placement of any type of “breakwaters” over or within three feet of an area of greater than one percent coverage by emergent or submerged natural resources, or placement of fill material within smalltooth sawfish critical habitat, as designated by the U.S. National Marine Fisheries Service. [50 CFR section 226.218 (October 1, 2012) incorporated by reference herein; copies of incorporated material may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.] (URL). For purposes of this general permit, the term “emergent or submerged natural resources” includes freshwater and marine herbaceous and forested wetland vegetation, seagrass, coral, sponge, oyster beds, and other submerged aquatic vegetation.

(d) through (e) No change.

(3) This general permit shall be subject to the following specific conditions.

(a) through (c) No change.

(d) All disturbed areas above mean low water, including intertidal slopes shall be stabilized and re-vegetated with appropriate native vegetation within 72 hours after completion of construction. The areas shall be maintained and planted as necessary to ensure at least a 33 percent cover of planted or naturally re-established native wetland or upland plant species within 18 months of completion of authorized activities. The areas shall be maintained free of exotic invasive and nuisance species such as Casuarina spp., Ludwigia peruviana, Lygodium spp., Melaleuca quinquenervia, Sapium sebiferum, Schinus terebinthifolius, and nuisance amounts of Typha spp.

(e) renumber (d) No change.

62-330.632 General Permit for the Restoration, Establishment and Enhancement of Low Profile Oyster Habitat.

(1) A general permit is hereby provided for the construction, restoration, and enhancement of low profile oyster habitat (LPOH), subject to the following:

(a) through (b) No change.

(c) The LPOH will not be inconsistent with a management plan approved by a federal, state, regional and/or local agency, that already addresses oyster habitat, wetland vegetation, submerged resources, water quality, navigation, or fishing and recreational values of the waterbody, including any adopted aquatic preserve management plan that may exist under Chapter 18-20, F.A.C.;

(d). The LPOH shall not be part of a mitigation proposal or be used as mitigation to offset impacts from other projects;

(e) through (f) No change.

(2) The notice required in Rule 62-330.402, F.A.C., shall include documentation, statements, or demonstrations that the above limitations will be met, together with the following:

(a) through (b) No change.

1. through 2. No change.

3. The LPOH will not have any work conducted in within 100 meters of actively nesting wading bird colonies or within 180 meters of actively nesting mixed tern/skimmer colonies;

4. No change.

(d) No change.

(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-330.405 F.A.C., and the following specific conditions:

(a) The LPOH shall be installed, restored, or enhanced using only clean, sediment free culture materials (cultch) that does not contain deleterious substances that have the potential to leach into surface waters. Cultch shall consist of:

1. through 3. No change.

4. Concrete material in which at least 90 percent of the concrete material is no more than 6 inches in diameter. Concrete shall not be used for a LPOH located in an aquatic preserve designated under Chapter 18-20, F.A.C. (March 8, 2012).

(b) through (f) No change.

(4) No change.

(5) Within 45 days but no less than 30 days prior to the submittal of the notice required in subsection (2) the person proposing to use this general permit shall:

(a) through (b) No change.

(c) Provide written notice of the proposed LPOH to the Florida Fish and Wildlife Conservation Commission’s Boating and Waterways Section Management Division. A copy of the notice shall be included with the notice required in subsection (2) above;

(d) No change.

(6) No change.

62-330.635 General Permit for Soil Remediation.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.418, 376.3071, 403.814(1) FS. History–New_________.

Additional changes have been made to several forms and other documents incorporated by reference, including Applicant’s Handbook Volume I (applicable statewide), Volume II (within each WMD), and to various rules of the water management districts. Most of the changes are technical or were made to address comments from the Joint Administrative Commission; a summary of the non-technical changes is below. These changes were made to address written comments received before the end of the public hearing and to address comments from JAPC. All of the proposed changes to Volume I and the Department/Northwest Florida Water Management District Volume II are shown as highlighted text. Strike through and underlining in Volume II that is not highlighted in yellow represent changes made to the existing NWFWMD Volume II (adopted in Chapter 62-346, F.A.C.) when this document was incorporated by reference in the Notice of Proposed Rule, and are not additional changes proposed through this Notice of Change.

Form NumberSummary of Changes

62-330.050(1)	Technical corrections made to 1) recognize the Section 403.813(3), F.S. exemption for maintenance dredging at a seaport; 2) inform persons of the potential need for a submerged lands authorization for exempt activities located on state-owned submerged lands; and 3) clarification of materials to include in a letter request for verification of an exemption if the form is not used (in accordance with Rule 62-330.050, F.A.C.).
62-330.0511(1)	Amended to correct text to conform with the relocation of the authorized activities from being originally proposed as a general permit in Rule 62-330.500, F.A.C., to a no-fee noticed exemption in 62-330.0511, F.A.C.
62-330.060(1), Sections A, B, C, E, and F	1) Changes made to referential language to address JAPC comments 2) address staff recommendations approved during the hearing to relocate the order of materials requested; 3) enable applicants to provide multiple pre-application meeting information; 4) clarify whether the application involves a modification to an existing activity; 5) delete certain references to the term “engineering” to address written comments received; 6) technical corrections to clarify the signature section to avoid confusion between the terms “applicant” and “owner” and to comport with rule and Applicant’s Handbook, Vol. I; and 7) amend information required for an authorization to use state-owned submerged lands in Section F.
62-330.301(1) through (6)	Amended forms for providing financial assurance for mitigation activities.
62-330.301(13)	Amended to refer directly to the conservation easement area instead of the area described in an exhibit. Added to the prohibited uses section, an exception for activities authorized in the permit or an approved management plan.
62-330.402(1)	Amended to: correct nomenclature; conform with the requirements of Rule 62-330.402, F.A.C.; and provide information on where persons can find the applicable fee for the notice of a general permit submitted to the Department or a WMD.

Applicant’s Handbook, Volume I

Section	Summary of Changes
Cover page	Corrected listing of appendices incorporated by reference and provided a more specific citation to subsection (4) of Rule 62-330.010, F.A.C., where the documents are incorporated by reference.
Multiple sections	Technical, non-substantive changes made to correct grammar, punctuation, formatting, and re-numbering due to changes within Chapter 62-330, F.A.C., and other Handbook sections.
Multiple sections	Technical revisions to refer, as much as possible, to ther terms “project” or “system,” instead of “surface water management systems,” to simplify understanding of terms defined and described in subsection 62-330.010(2), F.A.C., and paragraphs 2.0(a)74 and 106 of Volume I.
1.2	Rule reference made more specific to assist readers in locating where they may access copies of the Operating Agreements between the Agencies.
1.3.1.1	Added reference to inclusion of Operating Agreement as “Appendix E” to assist the public in obtaining a copy of it.
1.5.3	Revised second paragraph to address JAPC comments.
2.0(a)	Deleted definition of “Mean Annual Flood” in 60. The term is used only one place in the rule and Handbook, and it is being removed from that location (Rule 62-330.437, F.A.C.), because it is unnecessary. Renumbering of sections of 2.0 that follow to reflect this deletion. Revised the definition of “Ordinary High Water Line” in 69; revised definition of “state-owned submerged lands” in 94 to address “referential language” comments from JAPC; non-substantive, technical revision of “surface water management system” in 106 to simplify understanding of terms defined and described in subsection 62-330.010(2), F.A.C., and paragraph 2.0(a)74 of Volume I.
3.1.2	Added a reference where a copy of historic statutory grandfathering language applicable to dredge and fill (wetland resource) management and storage of surface waters (MSSW) applications and permits and formal jurisdictional determinations may be obtained and viewed in the Design Aids for Volume I.
3.2.3(a)	Technical correction to remove (a), which too-narrowly interpreted statute; renumbering of following paragraphs to reflect this deletion.
3.2.4(new)	Added narrative text explaining the applicability of seawall exemptions under applicable statutes and rules; renumbering of following section to reflect this addition.
3.2.6(new)	Added narrative text explaining the applicability of dock exemptions under applicable statutes and rules; renumbering of following section to reflect this addition.
4.2.3	Removed improper reference to only Section A of Joint Application form, and made a technical correction in (e) that the application must be signed by an entity having sufficient real property interest as described in (d), instead of limiting it to the owner or two specific circumstances so that (d) and (e) will not be conflicting.
5.4	Technical revision to citation to provide more specificity for users.
5.5.2.2	Clarified timeframes for transmitting information and requesting comments from agencies with commenting authorities under Florida’s Coastal Zone Management Program.
5.5.2.3	Technical revision to citation to provide more specificity for users.
5.5.3.7	Struck vague reference to “substantially the same” in response to written comments.
5.5.3.8	Technical correction to delete unnecessary description of administrative procedures to request a hearing; existing statutes and rules of the agencies adequately address these provisions.
5.5.5.3	Technical revision to citation to provide more specificity for users.
6.1.2.2	Reworded language regarding permit extensions in response to a JAPC comment.
6.1.2.3	Clarified circumstances under which a constructed system may be operated and occupied for its intended use.
6.2.1(d)5	Added reference to address other circumstance under which mitigation is not required.
7.1(a)	Clarified applicability of the two types of available formal determinations.
7.2.2(a) through (f)	Numerous changes to the formal determination language to clarify procedures for and circumstances under which professional surveying is required.
7.2.3	Eliminated provision for extension of formal determinations due to lack of statutory authority.
8.1	Correction to reflect that Conceptual Approval Permits are subject to the same criteria for review as are individual permits to conform to Rules 62-330.301 and .302, F.A.C.
8.2.1	Correction to reflect that activities must not be inconsistent with the overall objectives of the “Department” (in addition to not being inconsistent with the overall objectives of the District).
10.2.2(a)	Added references to special protections for the bald eagle in recognition that, while it is no longer a “listed species,” it is a protected species under the Bald and Golden Eagle Protection Act that is in need of additional protection; clarified the types of information and comments regarding fish and wildlife that will be considered by agency staff; removed reference to considering impacts to the Florida black bear.
10.2.7	Removed references regarding secondary impacts to the Florida black bear in response to written requests from the FWC; added reference to the bald eagle and also clarified types of information regarding fish and wildlife that shall be considered by reviewing staff; added reference that the text of the management plans for wood storks and bald eagles have been added to Appendices G and H of the Volume.
10.2.8	Corrected references to cumulative impact drainage basins.
10.3.1	Removed reference to the Florida black bear; clarified appropriateness of mitigation as it relates to inclusion of uplands as part of a mitigation proposal to reflect guidance sent by the Department on June 15, 2011.
10.3.1.1	Clarified that the term “historic condition” relates to ecological communities and hydrologic condition in response to comments received.
10.3.1.5	Removed references to the Florida black bear at the request of the FWC.
10.3.7.4	Clarified requirements for demonstration of financial responsibility.
10.3.8	Removed reference to the “intent” of Section 704.06, F.S.
11.1.2	Language related to how to obtain copies of documents was stricken that was no longer needed with the proposed addition of text that identifies that the documents are incorporated by reference in Chapter 62-330, F.A.C., which also informs readers how to obtain the material.
11.3.1(f)	Eliminated references to “qualified inspectors” to address a JAPC comment.
12.2(d)	Clarified circumstances and procedures under which a phase of a permitted project may be transferred to operation and occupied for its intended use.
12.2(g)	Deleted language that was unnecessary and confusing.
12.3.2	Corrected references to “permittee,” rather than “applicant.”
12.3.3	Corrected to refer to specific types of association documents.
12.4(c)	Technical amendment involving elimination of references to inspection schedules that originally were going to be contained in each WMD’s Volume II; as adopted, the Volume IIs of each District do not contain those schedules, which will be established in the permit for each system.
Appendices E through H	Appendices added to avoid referential complications and provide users with easy access to the materials.

DEP/NWFWMD Applicant’s Handbook, Volume II

Section	Summary of Changes
Cover page	Revised listing of appendices incorporated by reference and provided a more specific citation to subsection (4) of Rule 62-330.010, F.A.C., where the documents are incorporated by reference.
Multiple sections	Technical, non-substantive changes made to correct grammar, punctuation, formatting, and re-numbering due to changes within Chapter 62-330, F.A.C., and other Handbook sections.
Multiple sections	Technical revisions to refer, as much as possible, to ther terms “project” or “system,” instead of “surface water management systems,” to simplify understanding of terms defined and described in subsection 62-330.010(2), F.A.C., and paragraphs 2.0(a)74 and 106 of Volume I.
2.1(a)4.	Added definition of “floodway” to address coments received from the Office of Fiscal Accountability and Regulatory Reform.
2.3	Deleted text defining a “registered professional” that conflicts with the definition for this term in section 2.0(a)82 in Volume I.
2.8(b) & (d)	Clarified the stormwater pollutants that will be considered in (b) for purposes of net improvement. Replaced “implement” with “maintain” in (d) to better reflect the types of activities that are regulated under the ERP program.
2.12	Clarification of intent for operation and maintenance inspections generally to be performed by the same registered professional that designed the system.
4.5.2	Added a restriction on the maximum allowable drainage area to comport with the current methodology of the Florida Department of Transportation.
Appendix E	Added the text of the Modified Rational Hudrographic Method contained in Chapter 5 of the Florida Development Manual: A Guide to Sound Land and Water Management (June 1988) (previously proposed to be numbered Appendix E-1).
Appendix F	Added the text of section 3.10 of Chapter 6 of the Florida Development Manual: A Guide to Sound Land and Water Management (June 1988) (previously proposed to be numbered Appendix E-2).

Rules and Handbook Volume II of the Water Management Districts incorporated by reference in Chapter 62-330–The following sections have been amended to address mainly typographical errors and comments from the Joint Administrative Procedures Committee primarily involving incorporative language and rule authorities, as reflected in the notices of change published on the identified dates in the Florida Administrative Register.

Suwannee River Water Management District

Rule/Chapter	FAR Notice
40B-1.706	Notice of Change published in the FAR 6/19/2013, Vol. 39/119
40B-400.091(1)	Notice of Change published in the FAR 6/19/2013, Vol. 39/119

St. Johns River Water Management District

Rule/Chapter	FAR Notice
40C-4.091(1)	Notice of Change published in the FAR 6-13-2013, Vol. 39/115
40C-41	Notice of Change published in the FAR 6/13/2013, Vol. 39/115
40C-44	Notice of Change published in the FAR 6/13/2013, Vol. 39/115

Southwest Florida Water Management District

Rule/Chapter	FAR Notice
40D-1.607	Notice of Correction published in the FAR 6/4/2013, Vol. 39/108
40D-4.091	Notice of Change published in the FAR 5/30/2013, Vol. 39/105

South Florida Water Management District

Rule/Chapter	FAR Notice
40E-4.091(1)(a)	Notice of Change Published 6/17/13, Vol. 39/117; Notice of Correction published 6/19/13, Vol. 39/119
40E-41	Notice of Correction published 6/18/2013, Vol. 39/118, and Notice of Change published 6/17/2013, Vol. 39/117

Document Information

Related Rules: (15): 62-330.010. Purpose and Implementation; 62-330.020. Regulated Activities; 62-330.050. Procedures for Review and Agency Action on Exemption Requests; 62-330.051. Exempt Activities; 62-330.0511. No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems; More ...