62-341.457. General Permit for Subaqueous Utility Crossings of Artificial Waterways (Transferred)

(1) A general permit is hereby granted to any person constructing, repairing or replacing a subaqueous utility crossing of artificial waterways (which are defined for purposes of this rule as residential canal systems and all other bodies of water that have been totally excavated from uplands, and which do not overlap wetlands or other surface waters at the location of the crossing and which were not created as a part of a mitigation plan) provided:

(a) The work is not located in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting;

(b) Such construction shall be limited only to non-navigable watercourses or to those waterways in which navigation can be maintained at all times without the necessity of removing or relocating turbidity control devices to allow boat passage;

(c) No dredging or filling shall be conducted in wetlands or other surface waters, which are located landward of the top of the banks of an artificial waterway. Dredging and back filling of littoral zones and wetland vegetation growing on the side slopes of the artificial waterway may be performed only as is reasonably necessary to install the subaqueous utility line crossing and restore the banks to their original design specifications;

(d) There shall be no dewatering or construction of temporary berms or dikes;

(e) The maximum length of the utility crossing shall not exceed 150 feet from top of bank to top of bank. Excavated trench dimensions shall be limited to a depth of not more than ten feet below existing bottom contours and a trench top width of not more than ten feet;

(f) The maximum width of the area disturbed by equipment during construction shall be no more than 30 feet wide;

(g) All previously excavated contours are restored with onsite native backfill, coarse sand, or clean, non-toxic rock bedding or cap material, as appropriate, within 72 hours following installation of the utility line;

(h) This general permit shall only authorize utility installations extending from bank to opposite bank on a particular waterway. The placement of utility lines parallelling the watercourse alignment is not authorized; and

(i) Placement of the utility line shall not result in a navigational hazard. Customary navigation through the waterway shall be maintained at all times during installation.

(2) This general permit shall be subject to the following specific conditions:

(a) Measures shall be taken to prevent violations of state water quality standards during and after construction arising from the work, such as the use of turbidity curtains, staked filter cloth, and staked hay bales. Where turbidity curtains, filter cloth, hay bales, and similar structural measures are not sufficient to contain turbid runoff, additional measures, such as restricting work to periods of low flow and dry season months, shall be taken to ensure that construction can be performed in a manner which will not violate state water quality standards;

(b) All erodible ground areas and slopes disturbed during construction shall be revegetated with sod, mulch, seed, or wetland species or otherwise stabilized within 72 hours after installation of the utility line and at any other time as necessary to prevent violations of state water quality standards in wetlands or other surface waters;

(c) Temporary or permanent spoil disposal sites shall be located exclusively on uplands and shall be sited or designed to prevent violations of state water quality standards in wetlands or other surface waters;

(d) The utility crossing shall be designed in accordance with generally recognized practices of sound engineering; and

(e) Signs shall be installed and maintained at conspicuous locations to identify the alignment and type of the utility line within wetlands or other surface waters.

(3) For purposes of this general permit, utility crossings or lines include: crossings and lines transporting potable water, raw non-wastewater, including well water and reservoir water or domestic wastewater, propane gas, natural gas; electric power cables and conduits that are not subject to Sections 403.52-.539, F.S.; and telephone and other electronic communication cables and conduits.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95.