62-331.215. General Permit for Utility Line Activities

(1) This general permit authorizes the following activities:

(a) Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in state-assumed waters, provided the activity does not result in the loss of greater than 1/2-acre of state-assumed waters for each single and complete project.

1. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and internet, radio, and television communication. The term “utility line” does not include activities that drain a state-assumed water, such as drainage tile or French drains, but it does apply to pipes conveying drainage from another area.

2. Material resulting from trench excavation may be temporarily sidecast into state-assumed waters for no more than three months, provided the material is not placed in such a manner that it is dispersed by stormwater or other forces. The Agency may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. For a trench with a top width greater than three feet in herbaceous wetlands, the upper layer of the soil horizon shall initially be scraped and segregated into a spoil bank that is separated from the spoil bank resulting from the excavation of the trench for the utility line. The upper layer of the soil horizon shall be replaced as the last step of restored grades to facilitate natural revegetation. The trench cannot be constructed or backfilled in such a manner as to drain state-assumed waters (e.g., backfilling with extensive gravel layers, creating a French drain effect).

3. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody.

4. For overhead utility lines authorized by this general permit, a copy of the notice will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

(b) Construction, maintenance, or expansion of substation facilities associated with a power line or utility line in state-assumed waters, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of state-assumed waters.

(c) Construction or maintenance of foundations for overhead utility line towers, poles, and anchors in state-assumed waters, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible.

(d) Construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in state-assumed waters, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of state-assumed waters.

1. Access roads must be the minimum width necessary.

2. Access roads must be constructed so that the length of the road minimizes any adverse effects on state-assumed waters and must be as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in state-assumed waters must be properly bridged or culverted to maintain surface flows.

3. Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this general permit.

4. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills as referenced in paragraph (f), below.

(e) Temporary structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to state-assumed waters through sub-soil fissures or fractures that might occur during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines.

1. These remediation activities must be done as soon as practicable, to restore the affected waterbody.

2. Permittees must prepare a frac-out plan prior to construction that meets the requirements of section 3.2.1.3 of the 404 Handbook.

(f) Temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the utility line activity.

1. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.

2. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows or stormwater.

3. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.

4. The areas affected by temporary fills must be revegetated.

(2) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters to construct, maintain, or expand substation facilities.

(b) Dredging or filling in nontidal wetlands adjacent to tidal retained waters for access roads.

(3) A notice of intent to use this general permit is required prior to commencing the activity if any of the following criteria are met:

(a) The activity involves mechanized land clearing in a forested wetland for the utility line right-of-way.

(b) The utility line in state-assumed waters, excluding overhead lines, exceeds 500 feet.

(c) The utility line is placed within a state-assumed water, and it runs parallel to or along a stream bed that is within that area of state-assumed waters.

(d) Activities that result in the loss of greater than 1/10-acre of state-assumed waters.

(e) The activity is within forested wetlands.

(f) Permanent access roads are constructed above grade in state-assumed waters for a distance of more than 500 feet.

(g) Permanent access roads are constructed in state-assumed waters with impervious materials.

(h) The project is in the following rivers, creeks, and their tributaries:

1. Escambia River

2. Yellow River

3. Shoal River

4. Choctawhatchee River

5. Chipola River

6. Apalachicola River

7. Ochlockonee River

8. Santa Fe River

9. New River (Bradford and Union County line)

10. Econfina Creek.

(4) For utility line activities crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of general permit authorization.

(5) For activities that require notice of intent to use this general permit, the notice must include any other general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require a general permit authorization but do not require submittal of a notice of intent.

(6) The agency shall require mitigation, when necessary, to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects.

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, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.