62-341.486. General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities (Transferred)

(1) A general permit is hereby granted to the U.S. Army Corps of Engineers for the construction, alteration, operation, and maintenance of systems to implement environmental restoration or enhancement activities.  In order to qualify for this general permit, the decision documents for the environmental restoration or enhancement activity must have been coordinated through the process described in Section III of the Interagency Coordination Agreement for Civil Works, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District (February 28, 2006), which is hereby adopted and incorporated by reference. In addition, the environmental restoration or enhancement activity must be funded or conducted by the U.S. Army Corps of Engineers, and be authorized under:

(a) Section 204 of the Water Resources Development Act of 1992, as amended through January 24, 2002 (Beneficial Uses of Dredged Material), which is hereby adopted and incorporated by reference;

(b) Section 206 of the Water Resources Development Act of 1996, as amended through January 24, 2002 (Aquatic Ecosystem Restoration), which is hereby adopted and incorporated by reference; or

(c) Section 1135 of the Water Resources Development Act of 1986, as amended through January 24, 2002 (Project Modifications for Improvement of Environment), which is hereby adopted and incorporated by reference.

(2) The following shall not be eligible for this general permit:

(a) Activities on the sandy beaches of Florida fronting the Atlantic Ocean, the Gulf of Mexico or the Straits of Florida that extend seaward of the mean high water line, including beach restoration, nourishment, disposal of dredged material, beach or inlet structures, or excavation;

(b) Activities proposed to implement mitigation for another activity that requires a permit under Part IV of Chapter 373, F.S., a water quality certification, or coastal zone consistency concurrence;

(c) Activities that involve replacing a natural biological community type with a different type of biological community, such as filling bay bottom to create a marsh, except:

1. To restore or enhance a community that was previously damaged or destroyed by human activities, such as filling a dredged channel to the elevations and community types that existed before dredging; or

2. To restore or enhance a community type that was previously existing, but has been lost through avulsion when it is determined to be in the public interest; or

3. To reduce or eliminate populations of exotic and nuisance species with the goal of enabling replacement by natural, endemic communities;

(d) Activities that adversely affect animal species that are listed as endangered, threatened or of special concern in Rule 68A-27.003, 68A-27.004, or 68A-27.005, F.A.C., and plant species listed in 50 Code of Federal Regulation 17.12, when such plants are located in a wetland or other surface water;

(e) Activities that involve the use of flocculating agents such as polymers and alum;

(f) Activities that would adversely affect historic properties listed in or eligible for listing in the National Register of Historic Places under the provisions of Section 267.061, F.S.;

(g) Activities requiring a permit under Section 373.1502, F.S., or authorized under Sections 206 or 528 of the Water Resources Development Act of 1996, Public Law 104-303 (Critical Restoration Projects);

(h) Activities authorized under Section 101(8) of the Water Resources Development Act of 1992, Public Law 102-580; or

(i) Activities conducted in association with Kissimmee, Everglades, or Lake Okeechobee restoration.

(3) Prior to submittal of the notice to the agency to use this general permit as required and described in paragraph (5)(a), the environmental restoration or enhancement activity must be included in a Feasibility Report, Reevaluation Report, Letter Report or other equivalent Federal environmental decision document that has been reviewed by the state of Florida.  Documentation that the state has found the environmental restoration or enhancement activity to be consistent with the Florida Coastal Management Program must be submitted with the notice to use this general permit.

(4) This general permit shall be subject to the following additional provisions and limitations:

(a) Activities authorized under this general permit shall not be available for use as future mitigation credit for a separate activity that requires a permit under Part IV of Chapter 373, F.S., a water quality certification, or a coastal zone consistency concurrence;

(b) The activity must be conducted in a manner that will not adversely affect the value of functions provided to fish and wildlife by wetlands or other surface waters;

(c) The activity must not cause adverse flooding to on-site or off-site property, must not cause adverse impacts to existing surface water storage or conveyance capabilities, must not cause adverse secondary impacts to the water resources, must not adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., must not cause adverse impacts to a work of the District established pursuant to Section 373.086, F.S., and must not adversely affect properties outside the area to be enhanced or restored;

(d) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable special basin and geographic area criteria established in Chapters 40C-41 or 40E-41, F.A.C.

(e) The activities must not be for the primary purpose of providing or enhancing recreation or other public uses of the lands that are enhanced or restored under this general permit. However, nothing in this general permit shall prohibit areas that are enhanced or restored from being made available for compatible public recreation activities. However, the construction, alteration, operation, removal, maintenance, or abandonment of public recreational facilities, such as parking lots, roads, trails, boardwalks, docks, piers, observation decks, kiosks, and visitor’s centers, or any surface water management system serving those facilities, are not authorized under this general permit, and must be authorized in accordance with Part IV of Chapter 373, and Chapters 253 and 258, F.S., prior to their construction and use.

(f) The activity must not violate the water quality standards set forth in Chapters 62-4, 62-302, 62-520, 62-522, and 62-550, F.A.C., including the anti-degradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C. Appropriate measures shall be used to control runoff and discharges from the site, such as stabilization of disturbed sediments and soils, and effective deployment and maintenance of turbidity and silt control devices during all phases of construction, and as necessary during operation and maintenance of the system.

(5)(a) The U.S. Army Corps of Engineers must file a notice, using Form 62-343.900(1), describing the proposed activities and providing plans and other information necessary to evaluate whether the activities qualify under the terms and conditions of this general permit, which shall specifically also include:

1. A copy of the Coastal Zone Consistency Concurrence documentation referenced in subsection (3) of this general permit;

2. Documentation of the approved federal authorization under which funding is expected; and

3. Copies of the environmental documents that have been developed as part of the early coordination process described in Section III of the Interagency Coordination Agreement for Civil Works, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District, dated February 28, 2006.

(b) The Department will provide written notification to the U.S. Army Corps of Engineers whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice, or 30 days after submittal of any errors or omissions needed to correct the notice, as provided in subsection 62-343.090(1), F.A.C.  The proposed activity shall not commence until the Department has provided the applicant with an affirmative, written confirmation that the proposed activity qualifies for this general permit.

(6) The Corps is advised that authorization in accordance with Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., and the Interagency Coordination Agreement for Civil Works, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District (February 28, 2006), to use sovereignty submerged lands must be obtained from the Board of Trustees of the Internal Improvement Trust Fund prior to any construction authorized under this general permit.

Specific Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.414(9) FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.414(9), 373.416, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History–New 12-5-06.