62-331.200. Policy and Purpose of General Permits

(1) The general permits apply to those activities that do not otherwise qualify for an exemption under subsection 62-331.020(1), F.A.C., and that qualify under the general permit requirements in this section and within the specific general permit for which notice of intent to use a general permit is given.

(2) General permits authorize activities that, if conducted consistent with the permit requirements, will cause only minimal individual and cumulative adverse environmental effects. Compensatory mitigation shall be required, when necessary, to offset impacts authorized under a general permit, unless the general permit specifically states otherwise. Any required compensatory mitigation must comply with provisions in Rule 62-331.130, F.A.C., and section 8.5 of the 404 Handbook.

(3) If required, notice of intent to use the general permit shall be given pursuant to subsection 62-330.402(1), F.A.C., and section 4.3 of the 404 Handbook, and acted upon in accordance with subsection 62-330.402(4), F.A.C., section 5.0 of the 404 Handbook, and this section. Submittal of a notice of intent to the Agency is required if:

(a) Indicated in the general permit;

(b) The activity requires a notification or authorization under Chapter 62-330, F.A.C.;

(c) The project is in state-assumed waters accessible to any state or federal listed species;

(d) The activity is adjacent to the river segments identified in the Nationwide Rivers Inventory: https://www.nps.gov/ncrc/programs/rtca/nri/index.html;

(e) The activity is in the Florida Keys;

(f) The project is adjacent to a federal project;

(g) The project is adjacent to or may impact Tribal lands or Tribal Trust Resources;

(h) The project is within six miles of the Seminole Tribe of Florida’s Big Cypress or Brighton Reservations; within two miles of the Seminole Tribe of Florida’s Immokalee, Lakeland, or Fort Pierce Reservations; within one mile of the Seminole Tribe of Florida’s Tampa, Coconut Creek, or Hollywood Reservations; within the Seminole Tribe’s reserved rights areas, including but not limited to: within Big Cypress National Preserve; within Big Cypress National Preserve addition lands; within Everglades National Park; within Rotenberger Wildlife Management Area; or within Water Conservation Area 3-A;

(i) The project is within two miles of the Miccosukee Federal Reservation; Miccosukee Reserve Area; Krome Avenue, Dade Corners, Cherry Ranch, or Sherrod Ranch Reservations; and Coral Way, Lambick, or Sema Trust Properties. Also for any activity within the Miccosukee Tribe’s reserved rights areas, including but not limited to: within Big Cypress National Preserve; within Big Cypress National Preserve addition lands; within Everglades National Park; within Rotenberger Wildlife Management Area; or within Water Conservation Area 3-A; or

(j) The State Historic Preservation Office (SHPO) determines that the Florida Master Site File (FMSF) includes a historic property within 50 meters of the project area that is listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places. To obtain this determination, any person who intends to use a general permit that does not otherwise require notice shall contact the FMSF to conduct a historic properties search. The applicant shall provide the FMSF with a description of project area, project area map, and Section/Township/Range and/or latitude/longitude coordinates to [e-mail] or contact the FMSF office at [phone].

1. Where the FMSF Report for the property (or all properties if more than one) shows the SHPO Evaluation (‘SHPO Eval’ column) to be “Not Eligible” and also shows the property(ies) are not listed or proposed for listing on the National Register of Historic Places (‘NR Status’ column), and notice is not otherwise required under this section, then submittal of a notice of intent is not required.

2. Notice is required if the applicant has knowledge of a historic property that is listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties.

(4) Each permittee who receives a general permit verification letter under this Chapter must submit a completed Form 62-331.200(1) – “Certification of Compliance with a State 404 Program General Permit”, incorporated by reference herein (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12067), within 30 days of completion of the authorized activity, or the implementation of any required compensatory mitigation, whichever is later.

(5) General permits shall expire five years from the date the general permit becomes effective in rule. If the general permits are not renewed before the expiration date, an individual permit will be required for the activities.

(6) The Agency shall have discretionary authority to require any person authorized under a general permit to apply for an individual permit where sufficient cause exists. Sufficient cause shall include a likelihood that the project will cause more than minimal adverse environmental effects to the aquatic environment; including individual, secondary, and cumulative impacts; and the ability to comply with the conditions in Rule 62-331.201, F.A.C., below.

(7) The Agency may administer, upon agreement with the Corps, Corps regional general permits that are still effective upon the date of assumption for projects within assumed waters, where appropriate, until the date that they expire. The Department shall keep a list of any regional general permits administered by the state after the date of assumption at the following website http://flrules.org/Gateway/reference.asp?No=Ref-12067.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.4131, 373.414, 373.4144, 373.4145, 373.4146, 373.416, 373.426 FS. History–New 12-22-20.