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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-331. State 404 Program |
1(1) This general permit authorizes the following activities:
9(a) Dredging and filling in state-assumed waters for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches constructed in state-assumed waters; and similar activities.
61(b) Construction of farm ponds in state-assumed waters, excluding perennial streams, provided the farm pond is used solely for agricultural purposes.
82(c) Dredging or filling in state-assumed waters to relocate existing serviceable drainage ditches constructed in streams.
98(2) This general permit does not authorize:
105(a) Construction of aquaculture ponds.
110(b) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.
122(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.
135(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.
167(e) Projects that capture and store water, such as Dispersed Water Management Projects (DWMP).
181(3) The activities authorized by this general permit are subject to the following conditions:
195(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.
210(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 lin240ear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.
262(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1282⁄2-acre.
283(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.
305Editor notes: 307The 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 §334373.4146, F.S.
336Rulemaking Authority 338373.026(7), 339373.043, 340373.118(1), 341373.4131, 342373.414(9), 343373.4145, 344373.4146(2), 345403.805(1) FS. 347Law Implemented 349373.118, 350373.129, 351373.136, 352373.413, 353373.4131, 354373.414, 355373.4145, 356373.4146, 357373.416, 358373.422, 359373.423, 360373.429 FS. 362History–New 12-22-20.
