62-331.223. General Permit for Approved Categorical Exclusions

(1) This general permit authorizes activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by a federal agency or department, where:

(a) That agency or department has determined, pursuant to the Council on Environmental Quality’s implementing regulations for the National Environmental Policy Act, that the activity is categorically excluded from the requirement to prepare an environmental impact statement or environmental assessment analysis, because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment; and

(b) The Office of the Chief of Engineers (Corps) has concurred that the activity is categorically excluded. The list of activity types for which the Office of the Chief of Engineers has concurred categorical exclusion can be found in the current Corps’ Regulatory Guidance Letter (RGL) regarding categorical exclusions. Current RGLs can be found online in the Corps’ Jacksonville District Regulatory Division Sourcebook.

(2) Use of this general permit is subject to any specific conditions required by the Agency or listed in the current RGL by the Office of the Chief of Engineers.

(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if the current RGL regarding categorical exclusions require submittal of a pre-construction notice for the activity;

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.