62-331.234. General Permit for Emergency Watershed Protection and Rehabilitation  


Effective on Tuesday, December 22, 2020
  • 1(1) This general permit authorizes work done by or funded by:

    12(a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (317 CFR Part 624 35(Jan. 1, 2019));

    38(b) The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13 (Jan. 12, 1995));

    54(c) The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch. 3 (Jan. 18, 2017));

    79(d) The Office of Surface Mining, Reclamation and Enforcement, or states with approved programs, for abandoned mine land reclamation activities under Title IV of the Surface Mining Control and Reclamation Act or 11130 CFR subchapter 114R (July 1, 2019); or

    119(e) The Farm Service Agency under its Emergency Conservation Program (1307 CFR Part 701 134(Jan. 1, 2019)).

    137(2) In general, the prospective permittee shall wait until the Agency issues a general permit verification or 45 calendar days have passed before proceeding with the watershed protection and rehabilitation activity. However, in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the emergency watershed protection and rehabilitation activity may proceed immediately, and the Agency will consider the information in the notice of intent to use this general permit and any comments received as a result of agency coordination to decide whether the general permit authorization should be modified, suspended, or revoked.

    240(3) Except in cases where delay would cause an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the permittee must submit a notice of intent to the Agency prior to commencing the activity.

    280Editor notes: 282The 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 §309373.4146, F.S.