62-331.226. General Permit for Specific Reversion Activities

(1) This general permit authorizes dredging or filling associated with the reversion of an area permitted under Corps Nationwide Permit 27, the general permit under Rule 62-331.225, F.A.C., or any other applicable ERP or Section 404 permit that specifically references reversion, to its documented prior condition when the reversion is conducted:

(a) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland creation agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or a state agency; or

(b) As a component of voluntary wetland restoration, enhancement, and creation actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards.

(c) In state-assumed waters for reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or state agencies (even though the restoration, enhancement, or creation activity did not require a Section 404 permit).

(2) This general permit does not authorize reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent.

(3) Authorized activities are subject to the following conditions:

(a) The reversion activity has been evaluated by FWS under Section 7 or Section 10 consultation, and a Section 7 incidental take statement or Section 10 incidental take permit has been issued for the activity, if required. If Section 7 or Section 10 consultation for the reversion activities was completed for the original permit or agreement, specifically addresses the reversion, and there are no unexpected site conditions that had not previously been addressed, then a new consultation shall not be required.

(b) The prior condition and the option for reversion shall be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the federal agency or appropriate state agency executing the agreement or permit in which the reversion was identified.

(c) The reversion must be completed within five years after expiration of a limited term stream or wetland enhancement or restoration agreement, or a wetland creation agreement or permit.

(d) Reporting. The permittee must submit a report the to the Agency at least 30 days prior to commencing activities in state-assumed waters authorized by this general permit. The report shall include:

1. Information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats; and

2. A copy of:

a. The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or creation agreement, or a project description, including project plans and location map;

b. The NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or creation action;

c. The SMCRA permit issued by OSMRE or the applicable state agency;

d. The FWS biological assessment, including any applicable incidental take statement or permit.

(e) Once an area has been reverted to its prior physical condition, it will be subject to any regulatory requirements applicable to that type of land at the time.

(4) Notwithstanding the provisions of paragraphs 62-331.200(3)(c) through (j), F.A.C., notice of intent to use this general permit, other than submittal of the information in paragraph (3)(d), above, is not required for activities authorized under this general permit.

(5) Compensatory mitigation is not required for activities authorized by this general permit.

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.