62-341.463. General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies (Transferred)

(1) A general permit is hereby granted to any governmental mosquito control agency to construct and operate culverts and associated water control structures for the control of water levels in misquito control impoundments, provided:

(a) The construction or operation of the culvert and associated water control structure is done only to provide improved transport of tidal water and organisms between the impounded wetland and adjacent surface waters or between cells within existing mosquito control impoundments for the purpose of improving water quality and the quality of fish and wildlife values;

(b) The general permit does not authorize the construction or operation of culverts and associated water control structures for the purpose of facilitating aquaculture;

(c) The construction or operation of culverts and associated water control structures is not required as mitigation under Part IV of Chapter 373, F.S.;

(d) Access for the construction or operation of the culverts and associated water control structures does not require dredging or filling in wetlands or other surface waters or equipment access through wetlands;

(e) Culverts and associated water control structures shall be installed in locations that restore historic flow patterns, such as at or adjacent to historic locations of tidal creeks, and shall be located and operated such that state water quality standards for dissolved oxygen shall not be violated in the receiving waters outside the impoundment;

(f) Culverts and associated water control structures shall either be left open year-round or shall be only seasonally closed as necessary to control mosquito breeding and to minimize the application of pesticides;

(g) This general permit does not constitute authorization to enter upon the property of others to perform activities authorized by this permit; and

(h) This general permit does not authorize the construction of culverts or water control structures in the locations of existing breaches of the impoundment dike.

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

(a) Culverts and associated water control structures shall be made of a corrosion resistant material;

(b) The diameter and invert elevation of the culverts and associated water control structures shall be sufficient to maintain flow and prevent scouring under expected hydrologic conditions; and

(c) Within 72 hours after construction of each culvert and associated water control structure, and at any other time as necessary to prevent erosion, siltation and turbidity that causes violations of state water quality standards in wetlands or other surface waters, the wetlands disturbed by construction shall be stabilized with indigenous wetland vegetation or clean riprap, and the uplands disturbed by construction shall be stabilized with vegetation, riprap, or other means.

(3) The Department shall send a copy of the notice to use this general permit to the Chairman of the Subcommittee on Managed Marshes which is established under Section 388.46, F.S.

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.