Title: Rules of the Southwest Florida Water Management - Surface Water Management for Mining Materials Other than Phosphate
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 Material Information
Title: Rules of the Southwest Florida Water Management - Surface Water Management for Mining Materials Other than Phosphate
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Rules of the Southwest Florida Water Management - Surface Water Management for Mining Materials Other than Phosphate (JDV Box 95)
General Note: Box 20, Folder 2 ( Water Management Districts - ERP'S - 1994 ), Item 11
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004340
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






DRAFT 08-29-94
Pace 1


1 RULES OF THE

2 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

3 CHAPTER 40D-45

4 SURFACE WATER MANAGEMENT FOR MINING MATERIALS

5 OTHER THAN PHOSPHATE

6 40D-45.021 Definitions.

7 40D-45.091 Publications and Agreements Incorporated by Reference.



8 40D-45.021 Definitions.

9 When used in this chapter:

10 (1) (16) No change

S11 (17) "Surface water management system" or "system" means any

12 stormwater management system, dam, impoundment, reservoir,

13 appurtenant work, or works or any combination thereof. The terms

14 "surface water management system" or "system" include areas

15 created by filling or by dredging as those terms are defined in

16 subsections 373.403(13) and 373.403(14), F.S.

17 (18) (19) No change



18 Specific Authority 373.044, 373.113, 373.171, F.S. Laws

19 Implemented 373.403, 373.423, F.S. History New 4-1-90.

20 Amended









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1 40D-45.091 Publications and Agreements Incorporated by Reference.

2 The following documents are hereby published by reference

3 and incorporated into this Chapter:

4 (1) "Basis of Review for Permitting Surface Water

5 Management for Mining of Materials Other than Phosphate -

6 (effective date of this rule)." This document is available from

7 the District upon request.

8 (2) Operating Agreement Concerning Management and Storage

9 of Surface Waters Regulation, and Wetland Resource Regulation

10 Between Southwest Florida Water Management District and

11 Department of Environmental Regulation dated August 10, 1992.

12 This document is available from the District upon request.



13 Specific Authority 120.54(8), 373.044, 373.046, 373.113, 373.171,

14 373.414, F.S. Laws Implemented 120.54(8), 373.046, .373.403,

15 373.413, 373.414, 373.416, 373.429, F.S. History New 4-1-90,

16 Amended 2-1-91 and 11-16-92, and













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13

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24

25


PART I:

40D-400.021

PART II:

40D-400.201

40D-400.211

40D-400.215

40D-400.417



40D-400.427



40D-400.431

40D-400.437

40D-400.439





40D-400.443







40D-400.447


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NEW CHAPTER 40D-400

ENVIRONMENTAL RESOURCE PERMITS

GENERAL PROVISIONS

Definitions

NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Policy and Purpose

Permit Application Processing Procedures

General Conditions for All Noticed General Permits

General Permit for Installation or Maintenance of

Boat Ramps and Associated Accessory Docks

General Permit for Certain Piers and Associated

Structures

General Permit for Installation of Riprap

General Permit for the Installation of Fences

General Permit for the Construction or Maintenance

of Culverted Driveways, Roadway Crossings and

Bridges of Artificial Waterways

General Permit to the Florida Department of

Transportation, Counties and Municipalities for

Minor Bridge Alteration, Replacement, Maintenance

and Operation

General Permit to the Florida Department of

Transportation, Counties and Municipalities for

Minor Activities Within Existing Rights-of-Way or

Easements













40D-400.453



40D-400.455





40D-400.457



40D-400.463







40D-400.467





40D-400.475

40D-400.483



40D-400.485



40D-400.487





40D-400.495


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General Permit for Installation or Removal of

Underground Cables, Conduits, or Pipelines

General Permit for the Construction of Aerial

Pipeline, Cable, or Conduit Crossings of Certain

Waters

General Permit for Subaqueous Utility Crossings of

Artificial Waterways

General Permit for the Construction and Operation

of Culverts and Associated Water Control

Structures in Mosquito Control Impoundments by

Governmental Mosquito Control Agencies

General Permit for Breaching Mosquito Control

Impoundments by Governmental Mosquito Control

Agencies

General Permit for Minor Activities

General Permit to the Department to Conduct Minor

Activities

General Permit co the Department for Environmental

Restoration and Enhancement

General Permit to the Department to Change

Operating Schedules for Department or District

Water Control Structures

General Permit to U.S. Forest Service for Minor

Works within National Forests


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40D-400.500


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General Permit After Notice for Construction,

Operation, Maintenance, Alteration, Abandonment or

Removal of Minor Silvicultural Surface Water

Management Systems










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1 PART I

2 GENERAL PROVISIONS

3 40D-400.021 Definitions. The definitions set forth in section

4 40D-4.021, F.A.C., shall apply to this chapter. Additionally, as

5 used in this chapter:

6 (1) "Canal" means a trench, the bottom of which is normally

7 covered by water, with the upper edges of its two sides normally

8 above water.

9 (2) "Channel" means a trench, the bottom of which is

10 normally covered entirely by water, with the upper edges of one

11 or both of its sides normally below water.

12 (3) "Coral" means living stoney coral and soft coral.

13 (4) "Department" means the Florida Department of

14 Environmental Protection.

15 (5) "Drainage ditch" or "irrigation ditch" means a man-made

16 trench dug for the purpose of draining water from the land or for

17 transporting water for use on the land and is not built for

18 navigational purposes.

19 (6) "Dredging" means the excavation, by any means, in

20 surface waters or wetlands. It also means the excavation, or

21 creation, of a water body which is, or is to be, connected to any

22 surface waters or wetlands directly or via an excavated water

23 body or series of excavated water bodies.

24 (7) "Endangered species" means those animal species which

25 are listed in section 39-27.003, F.A.C., and those plant species

26 which are listed in 50 Code of Federal Regulations 17.12.


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1 (8) "Estuary" means a semi-enclosed, naturally existing

2 coastal body of water which has a free connection with the open

3 sea and within which seawater is measurably diluted with fresh

4 water derived from riverine systems.

5 (9) "Filling" means the deposition, by any means, of

6 materials in surface waters or wetlands.

7 (10) "Forested wetlands" means those wetlands where the

8 canopy coverage by trees with a diameter at breast height of

9 greater than 4 inches is greater than 10 percent, as well as

10 those areas required to be planted with tree species to establish

11 or reestablish forested wetlands pursuant to a permit issued or

12 enforcement action taken, under rules adopted under Part IV of

13 Chapter 373, F.S., or Sections 403.91-403.929, F.S. (1984 Supp.)

14 as amended, and those areas where the canopy has been temporarily

15 removed but are expected to revegetate to a forested wetland if

16 use of the area would remain unchanged.

17 (11) "Herbaceous wetlands" means those wetlands dominated by

18 non-woody vegetation that have less than a 10 percent canopy

19 coverage of trees with a diameter at breast height of greater

20 than 4 inches.

21 (12) "Insect control impoundment dikes" means artificial

22 structures, including earthen berms, constructed and used to

23 impound wetlands or other surface waters for the purpose of

24 insect control.

25 (13) "Lagoon" means a naturally existing coastal zone

26 depression which is below mean high water and which has permanent










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1 or ephemeral communications with the sea, but which is protected

2 from the sea by some type of naturally existing barrier.

3 (14) "Materials" mean matter of any kind, including, but not

4 limited to, sand, clay, silt, rock, dredged material,

5 construction debris, solid waste, pilings or other structures,

6 ash, and residue from industrial and domestic processes. The

7 term shall not include the temporary use and placement of lobster

8 pots, crab traps, or similar devices or the placement of oyster

9 clutch pursuant to section 370.16, Florida Statutes, or Rule

10 16B-5, Florida Administrative Code.

11 (15) "Riprap" is a sloping retaining or stabilizing

12 structure made to reduce the force of waves and to protect the

13 shore from erosion, and consists of unconsolidated boulders,

14 rocks, or clean concrete rubble with no exposed reinforcing rods

15 or similar protrusions.

16 (16) "Seawall" means a man-made wall or encroachment, except

17 riprap, which is made to break the force of waves and to protect

18 the shore from erosion.

19 (17) "Submerged grassbeds" means any native, herbaceous,

20 submerged vascular plant community that is growing on the bottoms

21 of surface waters waterward of the mean high water line or

22 ordinary high water line.

23 (18) "Swale" means a man-made trench which:

24 (a) has a top width-to-depth ratio of the cross-

25 section equal to or greater than 6:1, or side slopes equal to or

26 greater than 3 feet horizontal to 1 foot vertical;


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DRAFT 8-29-94
Pace 7

1 (b) contains contiguous areas of standing or flowing

2 water only following a rainfall event;

3 (c) is planted with or has stabilized vegetation

4 suitable for soil stabilization, stormwater treatment, and

5 nutrient uptake; and

6 (d) is designed to take into account the soil

7 erodibility, soil percolation, slope, slope length, and drainage

8 area so as to prevent erosion and reduce pollutant concentration

9 of any discharge.

10 (19) "Threatened species" means those animal species listed

11 in section 39-27.004, F.A.C.

12 (20) "Vertical seawall" is a seawall the waterward face of

13 which is at a slope greater than 75 degrees to the horizontal. A

14 seawall with sloping riprap covering the waterward face to the

15 mean high water line shall not be considered a vertical seawall.

16 (21) "Water Management District" or "District" means a water

17 management district created pursuant to section 373.069, Florida

18 Statutes.

19 (22) "Species of Special Concern" means those species listed

20 in Section 39-27.005, F.A.C.

21 (23) "Aquatic Preserves" means those areas designated in

22 Part III, Chapter 258, F.S.

23 Specific Authority 373.044, 373.113, 373.118, F.S. Law

24 Implemented 373.413, 373.414, 373.416, 373.419, F.S.

25 History--New:










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1 PART II NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

2 40D-400.201 Policy and Purpose.

3 The purpose of Part II of this chapter is to provide noticed

4 general environmental resource permits for those activities which

5 have been determined to have minimal impacts to the water

6 resources of the District, both individually and cumulatively.

7 Mitigation is neither necessary nor required for activities that

8 qualify for noticed general permits. Persons wishing to use one

9 or more of the noticed general permits in this chapter shall be

10 subject to the notice provisions of section 40D-400.211, F.A.C.,

11 before any activity is conducted as authorized herein. The

12 general conditions provided pursuant to section 40D-400.215,

13 F.A.C., shall apply to all of the general permits in this

14 chapter. Strict compliance with all of the terms, conditions,

15 requirements, limitations and restrictions applicable to a

16 desired noticed general permit under this Part is required to

17 qualify for such a permit.

18 Specific Authority 373.044, 373.113, 373.118, F.S. Law

19 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

20 New:

21 40D-400.211 Processing Procedures for Noticed General Permits.

22 (1) A noticed general permit authorizes the construction,

23 operation, maintenance, alteration, abandonment, or removal of

24 certain surface water management systems as set forth in this

25 chapter, after notice is provided to the District. Whenever a

26 noticed general permit specifies procedures different from the


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1 procedures in this section, the procedures specified in the

2 noticed general permit will govern.

3 (2) Any person wishing to construct, operate, maintain,

4 alter, abandon, or remove a surface water management system

5 pursuant to a noticed general permit set forth in this chapter

6 shall provide notice to the District by submitting an Application

7 including the appropriate -nnr:fundable application fee as

8 required in Chapter 40D-1, F.A.C., to the District at least 30

9 days prior to undertaking construction, operation, maintenance,

10 alteration, abandonment, or removal of the system. For the

11 purposes of this subsection, the application form is only

12 considered submitted when it is actually received by the

13 District.

14 (3) If the District determines that the system does not

15 qualify for a noticed general permit, the District shall so

16 notify the applicant by mailing a notification within 30 days of

17 receiving the Application. For the purposes of this subsection,

18 mailing shall be deemed to occur when the notice is properly

19 addressed, stamped, and deposited in the United States mail, and

20 the postmark date shall be the date of mailing. When the

21 District notifies the applicant that the system does not qualify

22 for a noticed general permit due to an error or omission in the

23 original Application to the District, the applicant shall have 60

24 days from the date of the notification to amend the Application

25 and submit additional information to correct such error or

26 omission. If the applicant amends the Application and submits










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1 additional information correcting the error or omission wi-hin

2 the 60 day time limit, no additional application fee will be

3 required for the noticed general permit. If the District does

4 not mail the notice informing the applicant that the system does

5 not qualify for a noticed general permit within 30 days of

6 receipt of the original Application, or amended Application if an

7 amended Application is submitted, the applicant may conduct the

8 activity authorized by the noticed general permit.

9 (4) If the District notifies an applicant that the system

10 for which a noticed general permit is sought does not qualify for

11 the noticed general permit, the applicant may apply for a

12 standard general or individual permit. Tthe application fee for

13 the noticed general permit shall be applied to the application

14 fee for a standard general or individual permit if the applicant

15 applies for such a permit within 60 days of notification by the

16 District.

17 (5) All construction, operation, maintenance, alteration,

18 abandonment, or removal of any system pursuant to a noticed

19 general permit must comply with the provisions of that general

20 permit.

21 (6) For systems which qualify for a noticed general permit,

22 the District will not publish, or require the applicant to

23 publish, newspaper notice of the notice submitted to qualify for

24 the permit. However, persons qualifying for a noticed general

25 permit may publish, in a newspaper of general circulation in the










DRAFT 8-29-94
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1 affected area, a notice of intent to use a noticed general

2 permit.

3 (7) A noticed general permit shall also constitute

4 certification of compliance with state water quality standards

5 where necessary pursuant to Section 401, Public Law 92-500, 33

6 USC Section 1341, for activities that qualify for the noticed

7 general permit and that are performed in accordance with the

8 conditions of the noticed general permit unless the permit

9 specifically states otherwise.

10 Specific Authority 373.044, 373.113, 373.118, F.S. Law

11 Implemented 373.118, 373.413, 373.414, 373.416, 373.426, F.S.

12 History--New:

13 40D-400.215 General Conditions for All Noticed General Permits.

14 (1) The terms, conditions, requirements, limitations, and

15 restrictions set forth in this section are binding upon the

16 permitted for all noticed general permits in this chapter. These

17 conditions are enforceable under part IV of Chapter 373, F.S.

18 (2) The general permit is valid only for the specific

19 activity indicated. Any deviation from the specified activity

20 and the conditions for undertaking that activity shall constitute

21 a violation of the permit. A violation of the permit is a

22 violation of part IV of Chapter 373, F.S., and may result in

23 suspension or revocation of the permitted's right to conduct such

24 activity under the general permit. The District may also begin

25 legal proceedings seeking penalties or other remedies as provided

26 by law for any violation of these conditions.










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1 (3) This general permit does not eliminate the necessity to

2 obtain any required federal, state, local and special district

3 authorizations prior to the start of any construction,

4 alteration, operation, maintenance, removal or abandonment

5 authorized by this permit.

6 (4) This general permit does not convey to the permitted or

7 create in the permitted any property right, or any interest in

8 real property, nor does it authorize any entrance upon or

9 activities on property which is not owned or controlled by the

10 permitted, or convey any rights or privileges other than those

11 specified in the general permit and this chapter.

12 (5) This general permit does not relieve the permitted from

13 liability and penalties when the permitted activity causes harm

14 or injury to human health or welfare; animal, plant or aquatic

15 life; or property. It does not allow the permitted to cause

16 pollution in contravention of Florida Statutes and District

17 rules.

18 (6) The permitted is hereby advised that Section 253.77,

19 F.S., states that a person may not commence any excavation,

20 construction, or other activity involving the use of sovereign or

21 other lands of the state, the title to which is vested in the

22 Board of Trustees of the Internal Improvement Trust Fund without

23 obtaining the required lease, license, easement, or other form of

24 consent authorizing the proposed use. Therefore, the permitted

25 is responsible for obtaining any necessary authorizations from


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1 the Board of Trustees prior to commencing activity on sovereignty

2 lands or other state-owned lands.

3 (7) The authorization to conduct activities pursuant to the

4 noticed general permit may be modified, suspended or revoked in

5 accordance with Chapter 120, and Section 373.429, F.S.

6 (8) This permit shall not be transferred to a third party

7 except pursuant to section 40D-4.351, F.A.C. The permitted

8 transferring the general permit shall remain liable for any

9 corrective actions that may be required as a result of any permit

10 violations prior to sale, conveyance, or other transfer of

11 ownership or control of the permitted system or the real property

12 at which the permitted system is located.

13 (9) Upon reasonable notice to the permitted, District

14 authorized staff with proper identification shall have permission

15 to enter, inspect, sample and test the permitted system to insure

16 conformity with the plans and specifications approved by the

17 permit.

18 (10) The permitted shall maintain any permitted system in

19 accordance with the plans submitted and authorized by this

20 permit.

21 (11) A permitted's right to conduct a specific activity

22 under this noticed general permit is authorized for a duration of

23 five years.

24 (12) Construction, alteration, operation, maintenance,

25 removal and abandonment approved by this general permit shall be

26 conducted in a manner which does not cause violations of state










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1 water quality standards, including any antidegradation provisions

2 of sections 17-4.242(1) (a) and (b), 17-4.242(2) and (3), and 17-

3 302.300, F.A.C., and any special standards for Outstanding

4 Florida Waters and Outstanding National Resource Waters. The

5 permitted shall implement best management practices for erosion,

6 turbidity, and other pollution control to prevent violation of

7 state water quality standards. Temporary erosion control

8 measures such as sodding, mulching, and seeding shall be

9 implemented and shall be maintained on all erodible ground areas

10 prior to and during construction. Permanent erosion control

11 measures such as sodding and planting of wetland species shall be

12 completed within seven days of any construction activity.

13 Turbidity barriers shall be installed and maintained at all

14 locations where the possibility of transferring suspended solids

15 into wetlands or surface waters exists due to the permitted

16 activity. Turbidity barriers shall remain in place and shall be

17 maintained in a functional condition at all locations until

18 construction is completed, soils are stabilized and vegetation

19 has been established. Thereafter the permitted shall be

20 responsible for the removal of the barriers. The permitted shall

21 correct any erosion or shoaling that causes adverse impacts to

22 the water resources.

23 (13) The permitted shall hold and save the District harmless

24 from any and all damages, claims, or liabilities which may arise

25 by reason of the construction, alteration, operation,


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1 maintenance, removal, abandonment or use of any system authorized

2 by the general permit.

3 (14) The permitted shall immediately notify the District in

4 writing of any previously submitted information that is later

5 discovered to be inaccurate.

6 Specific Authority: 373.044, 373.113, 373.118, F.S., Law

7 Implemented: 373.413, 373.414, 373.416, 373.419, F.S.

8 History--New:

9 40D-400.417 General Permit for Installation, Alteration or

10 Maintenance of Boat Ramps and Associated Accessory Docks.

11 (1) A general permit is hereby granted to any person for

12 installation, alteration or maintenance of a boat ramp and the

13 associated accessory docks; provided:

14 (a) the boat ramp is not exempt from permitting

15 pursuant to Section 40D-4.051, F.A.C., or Section 403.813(2)(c),

16 F.S.;

17 (b) the boat ramp is not part of a larger plan of

18 development proposed by the applicant which requires a standard

19 general or individual environmental resource permit;

20 (c) the construction of a new boat ramp or the

21 widening of an existing boat ramp that would increase the number

22 of boat launching lanes does not occur in waters that are

23 accessible to manatees in the following counties; Charlotte,

24 Citrus, Hillsborough, Lake, Lee, Manatee, Pinellas, or Sarasota,

25 excluding the portions of waters in these counties that are

26 upstream of water control structures that preclude the passage of










DRAFT 8-29-94
Page 16

1 manatees, and inland waterbodies with no connection to coastal

2 waters; however, the limiting provisions of this paragraph shall

3 not apply to the construction of a new boat ramp at a single

4 family residence when the residence is not part of a larger plan

5 of development proposed by the applicant;

6 (d) no ramp or accessory dock shall be constructed

7 under this general permit unless navigational access exists to

8 the ramp and accessory docks which provides a minimum depth of

9 two feet below the mean low water level in tidal waters or two

10 feet below the mean annual low water level in non-tidal waters;

11 (e) there shall be no filling of wetlands or other

12 surface waters, other than the actual boat ramp surface,

13 incidental filling associated with recontouring the land under

14 the ramp to create a level grade, and pilings for associated

15 accessory docks;

16 (f) ramps constructed or altered under this general

17 permit shall not exceed a width of 35 feet, including the side

18 slopes. State agencies, counties, municipalities and water

19 management districts are authorized to construct or alter a ramp

20 or to widen an existing ramp which does not exceed 50 feet in

21 width;

22 (g) the construction, alteration or use of the boat

23 ramp and accessory docks shall not significantly impede

24 navigability in the water body;


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1 (h) the above-water portion of the ramp is landward of

2 the mean high water line (for tidal waters) or the ordinary high

3 water line (for non-tidal waters);

4 (i) dredging shall be limited to that amount of

5 material necessary to construct the boat ramp surface or restore

6 the ramp to its original configuration and dimension, and the

7 amount of dredged material shall be less than 100 cubic yards;

8 (j) all spoil material that results from activities

9 authorized by this general permit shall be deposited in an upland

10 spoil site, which shall be designed and located to prevent the

11 escape of spoil material into wetlands or other surface waters

12 such that state water quality standards are not violated;

13 (k) a maximum of two accessory docks, abutting either

14 one or both sides of the boat ramp shall be authorized, and the

15 total square footage of the accessory docks shall be less than

16 500 square feet over wetlands or other surface waters. State

17 agencies, counties, municipalities and water management districts

18 are authorized to construct or alter accessory docks such that

19 the total area of the accessory docks over wetlands or other

20 surface waters does not exceed 1000 square feet and the accessory

21 docks are not more than six feet wide

22 (1) there shall be no dredging or filling of submerged

23 grassbeds or coral communities;

24 (m) No part of the accessory docks shall be located

25 over submerged grasses or coral communities;











DRAFT 8-29-94
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1 (n) the accessory docks shall not be used for

2 overnight mooring, except for accessory docks at a boat ramp at a

3 single family residence;

4 (2) The construction or alteration of a boat ramp or

5 accessory docks does not obligate the District to approve any

6 subsequent request to dredge for navigational access.

7 Specific Authority 373.026, 373.043, 373.044, 373.046, 373.118,

8 373.406, F.S. Law Implemented 373.026, 373.043, 373.046,

9 373.118, 373.403, 373.413, 373.416, 373.417, 373.418, 373.419,

10 373.422, 373.423, 373.426, F.S. History--New:

11 40D-400.427 General Permit for Certain Piers and Associated

12 Structures

13 (1) A general permit is hereby granted to any person to

14 construct, extend, or remove piers and associated structures as

15 described below:

16 (a) single-family piers along with boat lifts, boat

17 houses, terminal platforms, and gazebos attached to the pier

18 where these structures:

19 1. do not accommodate the mooring of more than

20 two water craft;

21 2. do not, together with existing structures,

22 exceed a total area of 2,000 square feet; and

23 3. have a minimum depth of 2 feet below the mean

24 low water level for tidal waters and two feet below the mean

25 annual low water level for non-tidal waters for all areas

26 designed for boat mooring and navigational access; and


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DRAFT 8-29-94
Page 19

1 (b) public fishing piers that do not exceed a total

2 area of 2,000 sq. ft. provided the structure is designed and

3 built to discourage boat mooring by elevating the fishing pier to

4 a minimum height of 5 ft. above mean high water or ordinary high

5 water, surrounding the pier with handrails, and installing and

6 maintaining signs that state "No Boat Mooring Allowed."

7 (2) This general permit shall be subject to the following

8 specific conditions:

9 (a) construction or extension of the boat house, boat

10 shelter, boat lift, gazebo, or terminal platforms, shall not

11 occur over submerged grassbeds, coral communities or wetlands.

12 In addition, the boat mooring location shall not be over

13 submerged grassbeds, coral communities or wetlands. However, the

14 access walkway portion of the pier may traverse these resources

15 provided it is elevated a minimum of 5 feet above mean high water

16 or ordinary high water, contains handrails that are maintained in

17 such a manner as to prevent use of the access walkways for boat

18 mooring or access, and does not exceed a width of 6 feet, or a

19 width of 4 feet in Aquatic Preserves;

20 (b) there shall be no wet bars, living quarters, or

21 living quarters over wetlands or other surface waters or on the

22 pier, and no structure authorized by this general permit shall be

23 enclosed by walls or doors;

24 (c) the structure and its use shall not significantly

25 impede navigability in the water body.










DRAFT 8-29-94
Pace 20

1 (d) there shall be no dredging or filling associated

2 with construction of the structures authorized herein, other than

3 that required for installation of the actual pilings for the

4 pier, boat lift, boat shelter, gazebo, or terminal platform;

5 (e) there shall be no fish cleaning facilities, boat

6 repair facilities or equipment, or fueling facilities on the

7 structures authorized by this general permit. In addition, no

8 overboard discharges of trash, human or animal waste, or fuel

9 shall occur from any structures authorized by this general

10 permit; and

11 (f) this general permit shall not authorize the

12 construction of more than one pier per parcel of land or

13 individual lot. For the purposes of this general permit, multi-

14 family living complexes shall be treated as one parcel of

15 property regardless of the legal division of ownership or control

16 of the associated property.

17 Specific Authority 373.044, 373.113, 373.118, F.S., Law

18 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

19 New:

20 40D-400.431 General Permit for Installation of Riprap.

21 (1) A general permit is hereby granted to any person

22 installing riprap at the toe of an existing vertical seawall,

23 provided:

24 (a) the riprap consists only of natural boulders or

25 clean concrete rubble one to three feet in diameter in average

26 dimensions;


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DRAFT 8-29-94
Page 21

1 (b) the slope of the riprap is no steeper than 2

2 horizontal to 1 vertical and the horizontal distance from the toe

3 of the seawall is no more than 8 feet;

4 (c) there are no reinforcing rods or other similar

5 protrusions in concrete rubble and all rubble or boulders are

6 free of attached sediments;

7 (d) neither the distance nor the use of the riprap

8 shall interfere with navigation;

9 (e) there is no filling or dredging associated with

10 the placement of riprap other than the riprap material itself;

11 (f) there shall be no filling of submerged grassbeds;

12 (g) the amount of wetland area filled shall not exceed

13 100 square feet; and

14 (h) there shall be no filling of coral communities.

15 (2) This general permit shall be subject to the following

16 p.eeific conditions as follow :

17 (a) installation of the structure does not obligate

18 the District to approve any subsequent request to dredge for

19 navigational access;

20 (b) there shall be no backfilling to obtain useable

21 upland or to straighten an otherwise sinuous shoreline; and

22 (c) there shall be no filling or backfilling to

23 reclaim land lost by avulsion or erosion.

24 Specific Authority 373.044, 373.113, 373.118, F.S., Law

25 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

26 New:










DRAFT 8-29-94
Page 22

1 40D-400.437 General Permit for the Installation of Fences

2 A general permit is hereby granted to any person installing

3 a fence in wetlands or other surface waters, except in

4 Outstanding Florida Waters, Outstanding National Resource Waters,

5 Aquatic Preserves, Class II waters, or waters approved,

6 conditionally approved, restricted, or conditionally restricted

7 by the department for shellfish harvesting; provided:

8 (1) the structure shall not block navigation, create a

9 navigational hazard, impede the natural flow of water by itself

10 or through the accumulation of debris;

11 (2) no fence shall be installed into open waters (areas of

12 water bodies not supporting emergent vegetation) of any navigable

13 river, stream, canal, or tributary thereto, a distance of more

14 than 25 feet, or more than twenty percent of the width of the

15 open water, whichever is less, and in any lake shall not extend

16 more than 15 feet waterward of the landward extent of the lake,

17 including contiguous wetlands;

18 (3) the fence will be constructed of wire attached to posts

19 which project at least 2 feet above the mean annual flood or

20 ordinary high water elevation of the waterway;

21 (4) in navigable waters and all lakes, the structure shall

22 be adequately marked with reflectors visible from both directions

23 paralleling the shoreline; and

24 (5) dredging or filling performed shall be limited to that

25 necessary to install individual fence posts.


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DRAFT 8-29-94
Page 23

1 Specific Authority 373.044, 373.113, 373.118, F.S., Law

2 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

3 New:

4 40D-400.439 General Permit for the Construction or Maintenance

5 of Culverted Driveway or Roadway Crossings and Bridges of

6 Artificial Waterways.

7 (1) A general permit is hereby granted to any person for

8 the purpose of constructing or maintaining a culverted driveway

9 or roadway crossings bridge, of an artificial waterway provided:

10 (a) this general permit shall apply only to wholly

11 artificial, non-navigable drainage conveyances;

12 (b) a culvert or culverts are placed under the roadway

13 or driveway;

14 (c) the size and number of the culvert(s) shall be

15 adequate to pass normal high water stages of the artificial water

16 body being crossed. In no instance shall the culvert(s) provide

17 a smaller cross-sectional area or discharge capacity than any

18 upstream culvert;

19 (d) the elevation of the culvert invert shall be at

20 the existing bottom grade of the artificial waterway;

21 (e) the length of the driveway or roadway crossing or

22 bridge over the waterway shall not exceed 50 feet top of bank to

23 top of bank;

24 (f) the top width of the driveway or roadway crossing,

25 or bridge shall not exceed 75 feet and the toe to toe width shall









DRAFT 8-29-94
Page 24

1 not exceed 100 feet and the side slopes shall not be steeper than

2 2 horizontal to 1 vertical;

3 (g) clean fill used for the crossing must be obtained

4 from uplands or from a dredge site which is in compliance with

5 the permitting requirement of chapters 40D-4 or 40D-40, F.A.C.,

6 as applicable;

7 (h) there shall be no additional dredging, filling, or

8 construction activities, except as exempted from regulation under

9 Part IV, Chapter 373, F.S. by otatutC- or ruLt, and those directly

10 involved in the construction or maintenance of the proposed

11 crossing or bridge; and

12 (i) the maintenance of the roadway or driveway

13 crossing or bridge shall continue to provide at least the same

14 volume of discharge through the culvert(s).

15 (2) This general permit shall be subject to the following

16 specific conditions:

17 (a) The permitted shall stabilize fill areas and

18 waterway banks disturbed by the activity by revegetation or

19 riprap within 72 hours of completion of construction to prevent

20 erosion, siltation or turbid runoff into wetlands and other

21 surface waters.

22 (b) If dewatering is performed, all temporary fill

23 dikes and dewatering discharges shall be installed and

24 constructed so that no upstream flooding or impoundment occurs

25 and no siltation, erosion or turbid discharges into wetlands or

26 other surface waters occur in violation of state water quality


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DRAFT 8-29-94
Page 25

1 standards. Any temporary works shall be completely removed and

2 all areas upstream and downstream from the crossing shall be

3 restored to grades, elevations and conditions which existed

4 before construction.

5 (3) This general permit shall apply only to a maximum of

6 two crossings on a given parcel of property with a minimum

7 distance of 500 feet between crossings. Maintenance shall be

8 allowed at any and all existing structures meeting the

9 specifications of this general permit.

10 (4) This general permit shall not apply if:

11 (a) Relocation of all or part of the artificial

12 waterway is required, or

13 (b) Dredging or filling activities are required, other

14 than for the proposed culvert crossing, except as exempted by

15 statute or rule.

16 (5) This general permit does not authorize any road

17 construction or alteration connecting to a crossing authorized by

18 this general permit.

19 Specific Authority 373.044, 373.113, 373.118, F.S., Law

20 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

21 New:

22 40D-400.443 General Permit to the Florida Department of

23 Transportation, Counties and Municipalities for Minor Bridge

24 Alteration, Replacement, Maintenance and Operation










DRAFT 8-29-94
Page 26

1 (1) A general permit is hereby granted to the Florida

2 Department of Transportation, Counties and Municipalities to

3 conduct the activities described below:

4 (a) The replacement or modification of bridges and

5 approaches where the combined total of dredging and filling, both

6 temporary and permanent, in wetlands and other surface waters

7 does not exceed 0.5 acre.

8 (b) Channel clearing and shaping, not to exceed a

9 combined total of 0.5 acres of dredging and filling in wetlands

10 and other surface waters, to facilitate maximum hydraulic

11 efficiency of the structures detailed in paragraph (a) above,

12 where the spoil material is used on an upland portion of the

13 project or is deposited on a self-contained, upland spoil site.

14 Escape of spoil material or return water from the spoil

15 deposition area into wetlands or other surface waters is

16 prohibited.

17 (2) This general permit shall be subject to the following

18 specific conditions:

19 (a) in addition to compliance with the notice

20 provisions of section 40D-400.211, F.A.C., within 90 days

21 following completion of construction, the permitted will notify

22 by letter the appropriate District office of the date

23 construction activities were completed;

24 (b) no dredging of access or work channels are

25 authorized by this general permit;


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DRAFT 8-29-94
Page 27

1 (c) temporary fill roads shallay- not be constructed

2 waterward of mean high water or ordinary high water;

3 (d) all t-emperary fill placed in wetlands other than

4 all on which a bridge or approach described in caragraph (1)(a)

5 is constructed, shall be regraded to the original wetland

6 elevations and these filled wetland areas revegetated with native

7 wetland species endemic to adjoining, undisturbed wetlands,

8 within seven days72 ho-ur of completion of construction. Within

9 "Clear Zones" as described in Chapter Three, Roadside Design

10 Manual, American Association of State Highway and Transportation

11 Officials, dated October 1988, revegetation shall be with native

12 herbaceous species endemic to adioininc undisturbed wetlands.

13 These r-eplant wetland areas shall be maintained and planted as

14 necessary, to ensure that until satisfactory revegetation occurs.

15 For the purposes of this general permit, "satisfactory

16 revegetation" means that the herbaceous wetlands, and forested

17 wetlands within clear zones that are disturbed by fillunder thick

18 generall permit shall have achieved not less than 33 percent cover

19 of planted or naturally reestablished herbaceous wetland species

20 within 18 months of completion of construction, on growing szcain

21 following di.turban o. f theo ite, and the forested wetlands

22 other than the forested wetlands in clear zones that are

23 disturbed by fillundor thio goene.r l permit shall acheivebe

24 achie--ng a survival rateand growth of not less than 400 wetland

25 trees per acre within 18 months of completion of constructionefe

26 growing saon following diturbance of the si, and a









DRAFT 8-29-94
Page 28

maintenance plan must behas been developed and is being

implemented to ensure the survival of the planted or naturally

reestablishing wetland species. Within the revegetated wetland

areas, non-native vegetation must be controlled such that it does

not constitute more than 10 percent of the area cover in any

stratum at any time for the five-year period following the

initial planting or restoration of the site.The rcstorod sitc

hall be maintained free of any new growth of SchinuC






tcbinth(e) hydraulic openings of bridges constructed under
(Punk tree) and Casuarina app. (Auotralia pino) The roatorod

sito shall also be managed in a manner which eroclude where Typha

spp. (cattailo) from manifeoting hall not be permitted toe

manifeot vegetative dominance to a degree which would rcsutlt in

water quality violationr;

(e) hydraulic openings of bridges constructed under

paragraph (1)(a) above shall be sufficient to prevent downstream

scour, increased downstream water velocities, and increased

backwater elevation on the property of others;

(f) minimum horizontal and vertical navigational

clearances on bridges over navigable waters of the United States

shall be established in accordance with procedures outlined in

the U.S. Coast Guard Bridge Administration Manual, COMDTINST

M16590.5, May 7, 1982;

(g) horizontal and vertical clearances for replacement

bridge structures shall meet or exceed those of the bridge being

replaced;


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DRAFT 8-29-94
Page 29

1 (h) temporary erosion controls for all exposed soils

2 within wetlands and other surface waters shall be completed

3 within seven calendar days of the most recent construction

4 activity;

5 (i) the fill areas and the banks of the water body

6 shall be stabilized with vegetation or riprap within seven days

7 following completion of slope construction. This stabilization

8 is considered a construction priority and completed fill slopes

9 in wetlands and other surface waters shall not remain

10 unstabilized while other construction continues;

11 (j) this general permit does not authorize the use of

12 dredged material for roadway construction;

13 (k) the permitted shall use erosion and sediment

14 control best management practices, including turbidity curtains

15 or similar devices, in strict adherence to these practices as

16 described in Chapter 6, the Florida Land Development Manual: A

17 Guide to Sound Land and Water Management (Florida Department of

18 Environmental Regulation, 1988) Florida Dep-artmnt of

19 Transportation "Standard Spoeifioations for Road and BLridge

20 Construction, Edition of 1991" incorporated by reference to

21 prevent violations of state water quality standards;

22 (1) this general permit authorizes dredging and

23 filling for the replacement or modification of a bridge and

24 approaches for a specific crossing of a wetland or other surface

25 water. Any connecting road expansion or alteration associated

26 with such replacement or modification must be authorized by a










DRAFT 8-29-94
Page 30

1 separate general or individual permit under chapter 40D-4 or

2 40D-40, or 40D-400, F.A.C., as applicable, before the start of

3 construction; and

4 (m) this general permit does not authorize replacement

5 or modification of bridges or approaches which involve the

6 construction of additional traffic lanes.

7 Specific Authority 373.044, 373.113, 373.118, F.S., Law

8 Implemented 373.413, 373.111, 373.416, 373.426-9, F.S. History--

9 New:

10 40D-400.447 General Permit to the Florida Department of

11 Transportation, Counties and Municipalities for Minor Activities

12 Within Existing Rights-of-Way or Easements.

13 (1) A general permit is hereby granted to the Florida

14 Department of Transportation, Counties and Municipalities to

15 conduct the activities described below:

16 (a) The extension of existing culverts and crossing

17 approaches to accommodate widening of the roadway where

18 excavation or deposition of material shall not exceed 1000 cubic

19 yards in wetlands and other surface waters and the area from

20 which material is excavated or to which material is deposited

21 shall not exceed a total of 0.25 acres at any one location

22 (project site). The 1000 cubic yardage limitation shall be

23 separately applied to excavation and deposition of material.

24 (b) Relocation, recontouring, widening, or

25 reconstruction of existing highway drainage ditches through

26 uplands provided the floor elevation of the ditch is not deepened










DRAFT 8-29-94
Page 31

1 below the original design elevation and provided that the work

2 does not cause a change in the hydrology of any wetlands which

3 are connected to or which are adjacent to the ditch.

4 (c) Culvert placement, replacement and maintenance

5 associated with existing roadways, in streams with an average

6 discharge of less than 10 cubic feet per second at the culvert

7 location or streams draining less than 10 square miles, provided

8 that construction does not cause scour in the downstream waters

9 or increase the velocity of the water downstream, does not reduce

10 existing flood conveyance of the stream for the 100 year flood

11 flow and does not reduce existing flood storage within the 10

12 year flood plain. The material excavated or deposited as fill

13 shall not exceed 1000 cubic yards in wetlands and other surface

14 waters. The cross sectional area of the culvert shall not be

15 reduced unless the reduced cross section provides for an equal or

16 greater discharge capability. In the case of a culvert installed

17 as a wildlife crossing, the cross sectional area shall not be

18 reduced.

19 (d) Construction of temporary bypass lanes and stream

20 channel diversions necessary to complete projects detailed in

21 paragraph (c) above, provided the area used for the temporary

22 bypass lanes and temporary diversion is restored to its previous

23 contours and elevations.

24 (e) Channel clearing and shaping, not to exceed a

25 combined total of 0.5 acres of dredging and filling in wetlands

26 and other surface waters, to facilitate maximum hydraulic










DRAFT 8-29-94
Page 32

1 efficiency of structures authorized by paragraph (c) above, where

2 the spoil material is used on an upland portion of the project or

3 is deposited on a self-contained, upland spoil site. Escape of

4 spoil material or return water from the spoil deposition area

5 into wetlands or other surface waters is prohibited.

6 (f) Repair of existing concrete bridge pilings by the

7 construction of pile jackets, provided that the permanent outer

8 form is composed of inert materials and the quantity of material

9 shall not exceed 300 cubic yards of dredging or 300 cubic yards

10 of filling per project. Although the bottom sediments within the

11 forms may be removed by jetting or pumping, and may not be

12 recoverable, proper turbidity control measures shall be employed

13 as necessary to prevent violations of state water quality

14 standards.

15 (2) This general permit shall be subject to the following

16 specific conditions:

17 (a) The permitted shall use erosion and sediment

18 control best management practices, including turbidity curtains

19 or similar devices, in strict adherence to these practices as

20 described in Chapter 6, The Florida Land Development Manual: A

21 Guide to Sound Land and Water Management (Florida Department of

22 Environmental Regulation, 1988)the Florida Department of

23 Tranpeirtatien "Sta1ndrdF& Speificatins for Read and Bridge

24 Construction, Edition of 1901" to prevent violation of state

25 water quality standards.


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DRAFT 8-29-94
Page 33

1 (b) Immediately following completion of slope

2 construction, the fill areas and any disturbed banks of wetlands

3 or other surface waters shall be stabilized with vegetation or

4 riprap to prevent erosion. Temporary erosion controls for all

5 exposed soils within wetlands ande- other surface waters shall be

6 completed within seven calendar days of the most recent

7 construction activity. Prevention of erosion of exposed earth

8 into wetlands and other surface waters is a construction priority

9 and completed slopes shall not remain unstabilized while other

10 construction continues.

11 (c) In addition to complying with the notice

12 provisions of section 40D-400.211, F.A.C., at least 90 days prior

13 to commencement of construction, the permitted shall provide

14 written notification tonctify the appropriate District office of

15 the date the permitted construction activities are planned to

16 begin and within 90 days following completion of construction the

17 permitted shall provide written notification tofotify the

18 District of the date construction activities are completed.

19 (d) The permitted shall limit stream channel

20 relocation to streams which have an average annual discharge of

21 10 cubic feet per second or less. The length of relocated

22 channels or those significantly altered shall be limited to 200

23 feet per stream. A stream channel shall be altered only when

24 such a measure will reduce the long term adverse water quality

25 impacts and will maintain or restore the stream's natural

26 hydraulic capability.










DRAFT 8-29-94
Page 34

1 (e) This general permit shall not apply to ditch

2 construction in Class I or Class II surface waters, Outstanding

3 National Resource Waters or waters designated as Outstanding

4 Florida Waters.

5 (3) This general permit does not authorize the construction

6 of additional traffic lanes. Systems which require additional

7 traffic lanes must first obtain a general or individual

8 environmental resource permit under chapters 40D-4 or-and 40D-40,

9 F.A.C., as applicable, before the start of construction.

10 Specific Authority 373.044, 373.113, 373.118, F.S., Law

11 Implemented 373.413, 373.141, 373.416, 373.426-4, F.S. History--

12 New:

13 40D-400.453 General Permit for Installation Maintenance, Repair

14 and Removal of Underground Cable, Conduit, or Pipeline

15 (1) A general permit is hereby granted for the

16 installation, maintenance, repair and removal of underground

17 cable, conduit or pipeline that transmit electricity,

18 communication signals, potable water, raw water, reclaimed water,

19 domestic wastewater, or natural gas.

20 (2) This general permit is subject to the following special

21 conditions:

22 (a) the maximum width of the disturbed corridor in

23 wetlands shall not exceed 30 feet. The maximum width of the

24 excavated trench shall not exceed eight feet, with temporary

25 spoil storage banks not to exceed ten feet in width;













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DRAFT 8-29-94
Page 35

(b) the total area of wetland disturbance shall not

exceed 0.5 acres of forested wetlands per ten miles of cable,

conduit, or pipeline;

(c) for a trench with a top width greater than three

(3) feet in herbaceous wetlands, the upper layer of the soil

horizon shall initially be scraped and segregated into a spoil

bank that is separated from the spoil bank resulting from the

excavation of the trench for the utility line. The upper layer

of the soil horizon shall be replaced as the last step of

restored grades to facilitate natural revegetation;

(d) maintenance trimming or removal of trees in

wetlands will be conducted only within the impacted areas

authorized under this general permit and only as necessary to

perform repairs on the cable, conduit, or pipeline;

(e) this general permit does not authorize

construction in surface waters other than wetlands;

(f) there shall be no net placement of permanent fill

resulting from the activities authorized by this general permit;

(g) there shall be no dredging or filling in wetlands

to access the work areas authorized by this general permit,

except for temporary mats. All temporary mats shall be removed

within thirty days after completion of the installation of the

line within the wetland portion of the project;

(h) the works authorized by this general permit shall

not impede the flow of water in wetlands or other surface waters,

except for a maximum period of 30 days during construction,










DRAFT 8-29-94
Page 36

1 provided that the impeded flow does not cause flooding and

2 shall-e not of such a magnitude r dur-ation as to adversely

3 affect the wetlands or other surface waterswatcr resouroca;

4 (i) temporary spoil banks shall contain breaches that

5 prevent impoundment or restriction of surface water flows;

6 (j) this general permit does not authorize the

7 installation of conduit for draining wetlands or other surface

8 waters;

9 (k) pre-construction ground elevations and the

10 contours of all disturbed soils, including vehicle ruts in

11 wetlands and other surface waters, shall be restored within 30

12 days of completion of line installation. Restored grades shall

13 be stabilized within 72 hours following completion of elevation

14 and contour restoration to minimize erosion;

15 (1) vehicle usage in wetlands and other surface waters

16 shall be conducted so as to minimize tire rutting and erosion

17 impacts;

18 (m) for purposes of this general permit, vehicular

19 access in wetlands and other surface waters shall be limited to

20 existing roads, trails, rights-of-way or easements, and to other

21 previously disturbed corridors where they exist;

22 (n) this general permit shall not apply in Outstanding

23 Florida Waters, Outstanding National Resource Waters, Aquatic

24 Preserves, or Class I waters; and

25 (o) during the initial clearing event and when

26 conducting subsequent normal maintenance activities, the










DRAFT 8-29-94
Page 37

1 permitted shall eradicate all Brazilian pepper, Australian pine,

2 and melaleuca from the wetland portions of the utility right of

3 way.

4 Specific Authority 373.044, 373.113, 373.118, F.S., Law

5 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

6 New:

7 40D-400.455 General Permit for the Construction of Aerial

8 Pipeline, Cable, or Conduit Crossings of Certain Waters.

9 (1) A general permit is hereby granted to any person

10 constructing an aerial pipeline, cable, or conduit crossing of

11 artificial waterways, including man-made canals, and drainage

12 ditches, as defined in Section 403.803, F.S., and natural water

13 bodies, where the width of such waterways or water bodies--he

14 w.tlandi or other .urface water~ is no greater than 25 feet;

15 provided:

16 (a) the crossing is not located in Outstanding Florida

17 Waters, Outstanding National Resource Waters, Aquatic Preserves,

18 Class I waters, Class II waters, or waters approved,

19 conditionally approved, restricted or conditionally restricted by

20 the department for shellfish harvesting. For the purposes of

21 this section, aerial pipeline, cable or conduit crossings

22 include: pipelines, cables and conduits transporting potable

23 water, raw non-wastewater, including well water and reservoir

24 water, reclaimed water, domestic wastewater, phosphate matrix

25 slurry, phosphatic clay or sand tailings, recirculated water from

26 beneficiation processes; electrical power cables and conduits










DRAFT 8-29-94
Page 38

1 that are not subject to the provisions of Sections

2 403.52-403.539, F.S.; and telephone and other electronic

3 communication cables and conduits;

4 (b) there shall be a minimum clearance of five feet

5 between the pipeline, cable or conduit and the elevation of the

6 mean or ordinary high water line, and no pipeline, cable or

7 conduit shall be lower than existing pipeline, cable or conduit

8 structures in the area;

9 (c) the structure shall not create a navigational

10 hazard or impede the natural flow of water;

11 (d) dredging shall be restricted to that quantity

12 necessary for actual installation of the support piles, and no

13 fill other than the support piles shall be placed within wetlands

14 or other surface waters. Any disturbance of the side slopes of

15 the waterway shall be stabilized with native vegetation;

16 (e) work activities for the installation of the aerial

17 crossing shall be restricted to a width of no more than thirty

18 (30) feet on each side of the crossing alignment. In cases where

19 multiple pipes, cables or conduits are to be installed along the

20 same alignment the thirty (30) foot width shall commence from the

21 outermost pipes, cables or conduits. For the purposes of this

22 general permit, no more than three pipes shall be placed along a

23 given alignment, and in no case shall the total disturbance area

24 exceed 75 feet in width; and

25 (f) construction techniques necessary for the

26 installation of the aerial pipeline, cable, or conduit, including










DRAFT 8-29-94
Page 39

1 the transport and placement of materials, shall not disturb the

2 adjacent bottoms of the waterbody or adversely affect water

3 quality.

4 (2) This general permit shall be subject to the following

5 specific conditions:

6 (a) Any pipeline or conduit transporting authorized

7 materials, other than potable water or raw non-wastewater, shall

8 be subject to the following spill prevention design criteria:

9 1. double piping (pipe within a pipe)

10 constructed in such a manner that any leakage from the inside

11 pipe into the outside pipe shall be conveyed to spill detention

12 areas constructed in wetlands and surface waters; and

13 2. pressure sensitive devices designed to detect

14 any leak shall be installed proximal to the aerial crossing, and

15 shall be designed to allow both visual and audible detection.

16 (b) The District shall be notified within 24 hours of

17 any leak or failure of any of the pipes associated with the

18 aerial crossing.

19 Specific Authority 373.044, 373.113, 373.118, F.S., Law

20 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

21 New:

22 40D-400.457 General Permit for Subaqueous Utility Crossings of

23 Artificial Waterways.

24 (1) A general permit is hereby granted to any person

25 constructing, repairing or replacing a subaqueous utility

26 crossing of artificial waterways, which are defined for purposes









DRAFT 8-29-94
Page 40

1 of this rule as residential canal systems and all other bodies of

2 water that have been totally excavated from uplands and which do

3 not overlap wetlands or other surface waters at the location of

4 the crossing, and which were not created as a part of a

5 mitigation plan; provided:

6 (a) the work is not located in Outstanding Florida

7 Waters, Aquatic Preserves, Outstanding National Resource Waters,

8 Class I waters, Class II waters or waters approved, conditionally

9 approved, restricted, or conditionally restricted by the

10 Department for shellfish harvesting;

11 (b) such construction shall be limited only to

12 non-navigable watercourses or to those waterways in which

13 navigation can be maintained at all times without the necessity

14 of removing or relocating turbidity control devices to allow boat

15 passage;

16 (c) no dredging or filling shall be conducted in

17 wetlands or other surface waters, which are located landward of

18 the top of the banks of an artificial waterway. Dredging and

19 back filling of littoral zones and wetland vegetation growing on

20 the side slopes of the artificial waterway may be performed only

21 as is reasonably necessary to install the subaqueous utility line

22 crossing and restore the banks to their original design

23 specifications;

24 (d) there shall be no dewatering or construction of

25 temporary berms or dikes;


I










DRAFT 8-29-94
Page 41

1 (e) the maximum length of the utility crossing shall

2 not exceed 150 feet from top of bank to top of bank. Excavated

3 trench dimensions shall be limited to a depth of not more than 10

4 feet below existing bottom contours and a trench top width of not

5 more than 10 feet;

6 (f) the maximum width of the area disturbed by

7 equipment during construction shall be no more than 30 feet wide;

8 (g) all previously excavated contours are restored

9 with on site native backfill, coarse sand, or clean, non-toxic

10 rock bedding or cap material, as appropriate, within 72 hours

11 following installation of the utility line;

12 (h) this general permit shall only authorize utility

13 installations extending from bank to opposite bank on a

14 particular waterway. The placement of utility lines parallelling

15 the watercourse alignment is not authorized; and

16 (i) placement of the utility line shall not result in

17 a navigational hazard. Customary navigation through the waterway

18 shall be maintained at all times during installation.

19 (2) This general permit shall be subject to the following

20 specific conditions:

21 (a) Measures shall be taken to prevent violations of

22 state water quality standards during and after construction

23 arising from the work, such as including but not limited to the

24 use of turbidity curtains, staked filter cloth, and staked hay

25 bales. Where turbidity curtains, filter cloth, hay bales, and

26 similar structural measures are not sufficient to contain turbid









DRAFT 8-29-94
Page 42

1 runoff, additional measures, such as restricting work to periods

2 of low flow and dry season months, shall be taken to ensure that

3 construction can be performed in a manner which will not violate

4 water quality standards; and

5 (b) All erodible ground areas and slopes disturbed

6 during construction shall be revegetated with sod, mulch, seed,

7 wetland species, or otherwise stabilized within 72 hours after

8 installation of the utility line and at any other time as

9 necessary to prevent violations of state water quality standards

10 in wetlands or other surface waters;

11 (c) Temporary or permanent spoil disposal sites shall

12 be located exclusively on uplands, and shall be sited or designed

13 to prevent violations of state water quality standards in

14 wetlands or other surface waters;

15 (d) The utility crossing shall be designed in

16 accordance with generally recognized practices of sound

17 engineering; and

18 (e) Signs shall be installed and maintained at

19 conspicuous locations to identify the alignment and type of the

20 utility line within wetlands or other surface waters.

21 (3) For purposes of this section, utility crossings or

22 lines include: crossings and lines transporting potable water,

23 raw non-waste water including well water and reservoir water,

24 domestic waste water; electrical power cables and conduits that

25 are not subject to sections 403.52 403.539, F.S; and telephone

26 and other electronic communication cables and conduits.


I










DRAFT 8-29-94
Page 43

1 Specific Authority 373.044, 373.113, 373.118, F.S., Law

2 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

3 New:

4 40D-400.463 General Permit for the Construction and Operation of

5 Culverts and Associated Water Control Structures in Mosquito

6 Control Impoundments by Governmental Mosquito Control Agencies.

7 (1) A general permit is hereby granted to any governmental

8 mosquito control agency to construct and operate culverts and

9 associated water control structures for the control of water

10 levels in mosquito control impoundments, provided:

11 (a) the construction or operation of the culvert and

12 associated water control structure is done only to provide

13 improved transport of tidal water and organisms between the

14 impounded wetland and adjacent surface waters or between cells

15 within existing mosquito control impoundments for the purpose of

16 improving water quality and the quality of fish and wildlife

17 values;

18 (b) this general permit does not authorize the

19 construction or operation of culverts and associated water

20 control structures for the purpose of facilitating aquaculture;

21 (c) the construction or operation of culverts and

22 associated water control structures is not required as mitigation

23 under Part IV of Chapter 373, F.S.;

24 (d) access for the construction or operation of the

25 culverts and associated water control structures does not require









DRAFT 8-29-94
Page 44

1 dredging or filling in wetlands or other surface waters or

2 equipment access through wetlands;

3 (e) culverts and associated water control structures

4 shall be installed in locations that restore historic flow

5 patterns, such as at or adjacent to historic locations of tidal

6 creeks, and shall be located and operated such that water quality

7 standards for dissolved oxygen shall not be violated in the

8 receiving waters outside the impoundment;

9 (f) culverts and associated water control structures

10 shall either be left open year-round or shall be only seasonally

11 closed as necessary to control mosquito breeding and to minimize

12 the application of pesticides;

13 (g) this general permit does not constitute

14 authorization to enter upon the property of others to perform

15 activities authorized by this permit; and

16 (h) this general permit does not authorize the

17 construction of culverts or water control structures in the

18 locations of existing breaches of the impoundment dike.

19 (2) This general permit shall be subject to the following

20 specific conditions:

21 (a) culverts and associated water control structures

22 shall be made of a corrosion resistant material;

23 (b) the diameter and invert elevation of the culverts

24 and associated water control structures shall be sufficient to

25 maintain flow and prevent scouring under expected hydrologic

26 conditions; and










DRAFT 8-29-94
Page 45

1 (c) within 72 hours after construction of each culvert

2 and associated water control structure, and at any other time as

3 necessary to prevent erosion, siltation and turbidity that causes

4 violations of state water quality standards in wetlands or other

5 surface waters, the wetlands disturbed by construction shall be

6 stabilized with indigenous wetland vegetation or clean rip rap,

7 and the uplands disturbed by construction shall be stabilized

8 with vegetation, rip rap, or other means.

9 (3) The District shall send a copy of the notice to use

10 this general permit to the Chairman of the Subcommittee on

11 Managed Marshes which is established under section 388.46, F.S.

12 Specific Authority 373.044, 373.113, 373.118, F.S., Law

13 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

14 New:

15 40D-400.467 General Permit for Breaching Mosquito Control

16 Impoundments by Governmental Mosquito Control Agencies.

17 (1) A general permit is hereby granted to any governmental

18 mosquito control agency to breach mosquito control impoundments,

19 provided:

20 (a) the work is done only to provide improved

21 transport of tidal water and organisms between the impounded

22 wetland and adjacent surface waters or between cells within

23 existing mosquito control impoundments for the purpose of

24 improving water quality and the quality of fish and wildlife

25 values;










DRAFT 8-29-94
Page 46

1 (b) the construction of the breaches is not required

2 as mitigation under Part IV, Chapter 373, F.S.;

3 (c) access for the construction of the breaches does

4 not require dredging or filling in wetlands or other surface

5 waters, or equipment access through wetlands;

6 (d) the breaches shall be installed in locations that

7 restore historic flow patterns, such as at or adjacent to

8 historic locations of tidal creeks, and shall be located so as to

9 prevent violations of the water quality standards for dissolved

10 oxygen in the receiving waters outside the impoundment; and

11 (e) this general permit does not constitute

12 authorization to enter upon the property of others to perform

13 activities authorized by this permit.

14 (2) This general permit shall be subject to the following

15 specific conditions:

16 (a) spoil material excavated during construction of

17 the breaches shall be handled and deposited in such a manner as

18 to prevent violations of the water quality standards for

19 turbidity and shall be contained in an upland disposal site; and

20 (b) within 72 hours after construction of any breach,

21 and at any other time as necessary to prevent erosion, siltation

22 and turbidity that causes violations of state water quality

23 standards in wetlands or other surface waters, the wetlands

24 disturbed by construction shall be stabilized with indigenous

25 wetland vegetation or clean rip rap, and the uplands disturbed by










DRAFT 8-29-94
Page 47

1 construction shall be stabilized with vegetation, rip rap, or

2 other means.

3 (3) The District shall send a copy of the notice to use

4 this general permit to the Chairman of the subcommittee on

5 Managed Marshes established under section 388.46, F.S.

6 Specific Authority 373.044, 373.113, 373.118, F.S., Law

7 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

8 New:

9 40D-400.475 General Permit for Minor Activities

10 (1) A general permit is hereby granted for the

11 construction, alteration, maintenance, operation, abandonment and

12 removal of the following minor systems:

13 (a) piling supported structures of less than 1,000

14 square feet over wetlands or other surface waters which are not

15 designated Outstanding Florida Waters;

16 (b) piling supported structures of less than 500

17 square feet over wetlands or other surface waters in an

18 Outstanding Florida Water;

19 (c) dredging or filling of less than 100 square feet

20 of wetlands or other surface waters; or

21 (d) less than 4,000 square feet of impervious surface

22 in uplands, that is subject to vehicular traffic such as roads,

23 parking lots and driveways and less than 9,000 square feet total

24 of impervious surface in uplands;

25 (e) maintenance dredging of 50 cubic yards or less of

26 material from surface waters other than wetlands; provided the









DRAFT 8-29-94
Page 48

1 dredged material is placed in uplands and turbidity control

2 measures are employed to prevent return water from causing a

3 violation of water quality standards; or

4 (f) a single family residence that is not cart of a

5 larger plan of common development proposed by the applicant,

6 including the associated residential improvements such as a

7 driveway, garage and an on-site sewage disposal system, provided:

8 1. this paragraph shall not apply to property

9 which was part of a tract of land that was divided into two or

10 more parcels after July 1, 1994;

11 2. this paragraph shall not apply to

12 construction or alteration in surface waters other than isolated

13 wetlands or any wetlands in an Area or Critical State Concern:

14 3. dredging and filling of isolated wetlands

15 shall be limited to only those areas required for siting the

16 portions of the residence and associated residential improvements

17 which cannot be sited in uplands because there is an insufficient

18 unrestricted area of uplands within the contiguous ownership of

19 the applicant on which the residence and associated residential

20 improvements can be located. On-site sewage disposal systems

21 shall be constructed in uplands unless there is an insufficient

22 unrestricted area of uplands within the contiguous ownership of

23 the applicant on which such disposal system can be located. For

24 the purposes of this paragraph, "unrestricted are of uplands"

25 means an area of uplands which is not restricted by easement,

26 deed restriction, local government regulation, or similar


r










DRAFT 8-29-94
Page 49

1 restriction which would prevent the activities authorized under

2 this paragraph (e) and which is configured such that all or part

3 of the residence and associated residential improvements can be

4 constructed in the uplands. An area of uplands will only be

5 considered restricted if all available variance or waiver

6 procedures have been exhausted; and

7 4. the total area of dredging or filing in isolated

8 wetlands for the residence and associated residential

9 improvements shall not exceed 4000 square feet; and the total

10 area of clearing in wetlands (including the dredging and filling

11 for the residence and associated residential improvements) shall

12 not exceed 6000 square feet on the contiguous property owned by

13 the applicant.

14 (2) In order to qualify for this general permit, an

15 applicant must provide reasonable assurance that the proposed

16 system:

17 (a) does not significantly impede navigation and does

18 not entail the construction of a structure for the launching or

19 mooring of a boat when navigational access to the structure does

20 not currently exist;

21 (b) does not cause a violation of state water quality

22 standards;

23 (c) does not impede the conveyance of a stream, river

24 or other watercourse in a manner that would increase off-site

25 flooding;










DRAFT 8-29-94
Page 50

1 (d) does not adversely aquatic or wetland dependent

2 listed;

3 (e) does not cause the drainage of wetlands.

4 (f) is not located in, on or over a coral community,

5 macro-marine algae or submerged grassbed community. For the

6 purposes of this general permit, macro-marine algae community

7 shall not include algae unattached to the bottom, nor shall it

8 include algae growing landward of the mean high water line or

9 growing as an epiphyte on woody plants.

10 (3) This general permit shall be subject

11 those additional reasonable conditions which the District finds

12 necessary to insure compliance with the criteria provided in

13 subsections (1) and (2), above.

14 (4) Persons wishing to qualify for this general permit must

15 file an Application describing the proposed activities and

16 providing plans and other information necessary to evaluate the

17 potential for adverse impacts from the proposed activities. The

18 applicant must provide rcasenable acaurcaneo that the prcpeosd

19 activity qualifico for the general permit. Any person proposing

20 a system described in paragraph (1) (fe) above, shall submit tax

21 parcel information or other documentation, sufficient to

22 establish that the property is not part of a tract of land that

23 was divided into two or more parcels after July 1, 1994. The

24 District will provide written notification to the applicant

25 whether the proposed activity qualifies for this general permit

26 within 30 days of submittal of the Application. The proposed


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DRAFT 8-29-94
Page 51

1 activity shall not commence until the District has provided

2 written notice that the applicant qualifies for the general

3 permit.

4 (5) A determination that an activity qualifies for a

5 General Permit for a minor activity applies only to the actual

6 circumstances involving the site specific activity, location,

7 method of construction or operation of the specific activity and

8 the other design and operation features of the specific activity.

9 (6) This general permit shall not be applicable to any

10 parcel of property which has been the subject of the successive

11 Applications under this section within a three year period where

12 the combination of activities to be conducted pursuant thereto

13 exceeds the thresholds in subsection 40D-400.475(1).

14 (7) The provisions of paragraph (1)(fe) do not supercede the

15 exemption set forth in section 403.813(2) (), F.S.

16 Specific Authority 373.044, 373.113, 373.118, F.S., Law

17 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

18 New:

19 40D-400.483 General Permit to the Department to Conduct Minor

20 Activities.

21 (1) A general permit is hereby granted to the Department to

22 conduct the activities described below:

23 (a) the repair, replacement or alteration of any

24 existing bridge, levee, dam, pump station, lock, culvert,

25 spillway, weir, or any other water control structure with

26 structures of the same design or of a comparable design, provided










DRAFT 8-29-94
Page 52

1 that the maximum discharge rate capacity and control elevation do

2 not exceed that of the structure to be replaced. Minor

3 deviations in the structure's design are authorized, including

4 those due to changes in materials, construction techniques, or

5 current construction codes or safety standards. Associated

6 construction activities authorized by this permit include

7 temporary fill plugs or cofferdams, upland bypass channels,

8 channel shaping needed to accommodate the repair, replacement or

9 alteration of the structure, and channel and bank stabilization,

10 including riprap within 200 feet of the structure. Replacement

11 may occur at the same site, or adjacent to the original

12 structure. The area of wetlands or other surface waters from

13 which material is to be dredged or filled shall not exceed a

14 total of 0.5 acres for any one structure;

15 (b) canal bank and bottom stabilization necessary to

16 repair erosion damage and restore previously existing canal

17 configurations. Authorized repair methods include placement of

18 riprap, sand cement toe walls, clean fill material, poured

19 concrete, geotechnical textiles or other similar stabilization

20 materials. The distance to be restored or repaired shall not

21 exceed 2000 feet at any one location along canal banks and 500

22 feet along canal bottoms; and

23 (c) aerial pipeline crossings (including support

24 piles) of man-made canals consistent with the provisions of

25 section 40D-400.455, F.A.C., except that the width of the

26 crossing may be up to 200 feet.


I










DRAFT 8-29-94
Page 53

1 Specific Authority 373.026, 373.043, 373.044, 373.046, 373.113,

2 373.406, 373.414, F.S. Law Implemented 373.019, 373.026,

3 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.123,

4 373.129, 373.136, 373.403, 373.409, 373.413-.443, F.S.

5 History--New:

6 40D-400.485 General Permit to the Department for Environmental

7 Restoration or Enhancement.

8 (1) A general permit is hereby granted to the Department

9 for the construction, alteration, operation, maintenance, removal

10 and abandonment of systems to implement Department environmental

11 restoration or enhancement projects.

12 (2) In order to qualify for this general permit, the

13 environmental restoration or enhancement project must comply with

14 be approved by the CScretary of the Department under. any one of

15 the following procedures:

16 (a) The project is part of a Surface Water Improvement

17 And Management Plan developed pursuant to section 373.453 F.S.

18 that is reviewed by the Department and approved by a Water

19 Management District in accordance with section 373.456, F.S.; or

20 (b) The project is approved by the Secretary of the

21 Department after conducting at least one public meeting; or

22 (c) The project is wholly or partially funded by the

23 Department through the Pollution Recovery Trust Fund pursuant to

24 section 403.165, F.S., or the Water Resources Restoration and

25 Preservation Act pursuant co 403.0165, F.S.











DRAFT 8-29-94
PaQe 54

1 (3) This general permit shall be subject to the following

2 specific conditions:

3 (a) A project under this general permit shall not

4 significantly impede navigation.

5 (b) All erodible ground areas and slopes disturbed

6 during construction shall be revegetated with sod, mulch, seed,

7 wetland species, or otherwise appropriately stabilized within 72

8 hours after completion of the activity authorized under this

9 general permit and at any other time as necessary to prevent

10 violations of state water quality standards.

11 Specific Authority 373.044, 373.113, 373.118, F.S., Law

12 Implemented 373.413, 373.414, 373.416, 373.419, F.S.

13 History--New:

14 40D-400.487 General Permit to the Department to Change Operating

15 Schedules for Department or District Water Control Structures.

16 (1) A general permit is hereby granted to the Department to

17 change the operating schedules for existing water control

18 structures that are owned or operated by the Department, when

19 such changes are for the purpose of environmental restoration or

20 enhancement.

21 (2) The Department shall hold at least one public meeting

22 concerning the proposed operating schedule prior to its approval.

23 Specific Authority 373.026, 373.043, 373.044, 373.046, 373.118,

24 373.406, 373.414, F.S. Law Implemented 373.019, 373.026,

25 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.123,

26 373.129, 373.136, 373.403, 373.409, 373.413.443, F.S.


iI










DRAFT 8-29-94
Page 55

1 History--New:

2 40D-400.495 General Permit to U.S. Forest Service for Minor

3 Works within National Forests

4 (1) A general permit is hereby granted to the U.S. Forest

5 Service to conduct the works described below:

6 (a) bathing beach restoration at developed recreation

7 sites where maintenance dredging is less than 100 cubic yards per

8 year and less than 100 cubic yards per single occurrence;

9 (b) dock construction, replacement and maintenance for

10 docks of up to 1000 square feet of surface area over wetlands and

11 other surface waters, in Outstanding Florida Waters and

12 Outstanding National Resource Waters subject to restrictions

13 listed in Section 403.813(2)(b) and (d), Florida Statutes;

14 (2) This general permit is subject to the following

15 specific condition:

16 The U.S. Forest Service or its contractors shall

17 utilize turbidity control measures while actively dredging or

18 filling within wetlands and other surface waters to prevent

19 violations of state water quality standards.

20 Specific Authority 373.044, 373.113, 373.118, F.S., Law

21 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

22 New:

23 40D-400.500 General Permit for Construction, Operation,

24 Maintenance, Alteration, Abandonment or Removal of Minor

25 Silvicultural Surface Water Management Systems.









DRAFT 8-29-94
Page 56

1 (1) Subject to the requirements of this section, a general

2 permit is hereby granted to:

3 (a) any person constructing, operating, maintaining

4 (including repairing or replacing), altering, abandoning, or

5 removing surface water management systems which:

6 1. are not exempt under section 40D-4.051,

7 F.A.C.;

8 2. meet the permit thresholds set forth in

9 section 40D-4.041, F.A.C.;

10 3. meet the terms and conditions specified in

11 subsections (4), (5) and (6) of this section; and

12 4. are designed to place the property into

13 silvicultural use or to perpetuate the maintenance of this

14 property in silvicultural use.

15 (b) the U.S. Forest Service to construct, operate,

16 maintain, alter, abandon, or remove surface water management

17 systems which:

18 1. are not exempt under section 40D-4.051,

19 F.A.C.;

20 2. meet the permit thresholds set forth in

21 section 40D-4.041, F.A.C.;

22 3. meet the terms and conditions specified in

23 subsections (4), (5) and (6) of this section.

24 (2) No construction, operation, maintenance (including

25 repair or replacement), alteration, abandonment, or removal of

26 the minor silvicultural surface water management system described









DRAFT 8-29-94
Pace 57

1 in subsection (1) of this section, shall commence until a

2 completed Application with appropriate supplements attached is

3 received by the District. Applicants may also submit annual

4 schedules of proposed silvicultural surface water management

5 systems that meet the requirements of Part II of this chapter,

6 including completed permit applications for each activity. The

7 construction, operation, maintenance, alteration, abandonment or

8 removal shall only be authorized when the Application is received

9 by the District and provided the proposed activity qualifies for

10 the general permit pursuant to this section and the conditions of

11 issuance are followed.

12 (3) The Application shall include the information contained

13 in the appropriate District form identified in Chapter 40D-1,

14 F.A.Cincluding the supplement Chall be filed with the Diotrict.

15 (4) This general permit shall be for any of the following

16 minor silvicultural surface water management systems:

17 (a) A permanent culverted fill road with a road

18 surface of 28 feet or less in width placed in or crossing a

19 stream or other watercourse of less than ten (10) cubic feet per

20 second average discharge at the location of the work or with a

21 drainage area upstream of the work of less than ten (10) square

22 miles. The design of the work must allow for conveyance of

23 normal flows and for overtopping during large storm events, and

24 any fill placed in wetlands associated with the stream or other

25 watercourse must be less than one-half (1/2) acre in area. Under

26 this paragraph, the fill material shall be no more than twenty-










DRAFT 8-29-94
Page 58

1 four (24) inches above culvert structures. The fill material on

2 the road approaches shall be no more than return to the twenty-

3 four (24) inches above grade except limit within an area maximum

4 of one hundred (100) feet of either side of a culvert. The road

5 must be designed with culvert inlets and culverts positioned at

6 or below natural grade of the bed of the stream or other

7 watercourse to prevent the permanent impoundment of water, and to

8 provide an overflow area or areas which will prevent erosion and

9 adverse effects to water levels upstream and downstream of the

10 road.

11 (b) A temporary culverted fill road or a temporary

12 bridge up to 50 feet long, with a road surface of 28 feet or less

13 in width placed in or crossing a stream or other watercourse of

14 less than ten (10) cubic feet per second average discharge at the

15 location of the work or a drainage area upstream of the work of

16 less than ten (10) square miles. The design of the work must

17 allow for conveyance of existing flow during the period of

18 installation and use and any fill placed in wetlands associated

19 with the stream or other watercourse must be less than one-half

20 (1/2) acre in area. The work must be designed only to facilitate

21 the temporary movement of equipment and must be removed

22 immediately after the operation for which the crossing was needed

23 is complete or within thirty (30) months one year of the filing

24 of the Application Noti:- of Intent in subsection (3), whichever

25 is sooner.


I1









DRAFT 8-29-94
Page 59

1 (c) A permanent bridge up to 100 feet in length and 23

2 feet or less in width supported on pilings or trestles, placed in

3 or crossing a stream or other watercourse of less than ten (10)

4 cubic feet per second average discharge at the location of the

5 work or with a drainage area upstream of the work of less than

6 ten (10) square miles. The design of the work and associated

7 approach roads, if any, must allow for conveyance of normal flows

8 and for overtopping during large storm events and any fill placed

9 in wetlands associated with the stream or other watercourse must

10 be less than one-half (1/2) acre in area. The height limitation

11 for fill on the bridge approach roads shall be a maximum of

12 twenty-four (24) inches above natural grade.

13 (d) A permanent culverted fill road or bridge with a

14 road surface of 28 feet or less in width, placed in or crossing a

15 wetland or other impoundment, excluding reservoirs created by

16 dams, where less than one half (1/2) acre of fill is placed in

17 the wetland or other impoundment. Such crossings must be located

18 in a manner which minimizes the area of wetlands being filled.

19 (e) Temporary stream channel diversions necessary to

20 complete the works described in paragraphs (4) -W-(a), (b), or

21 (c) above, provided that the area used for the temporary

22 diversion is restored to its previous contours and elevations.

23 (f) Clearing and snagging in a stream or other

24 watercourse within fifty (50) feet of the center line of a

25 culverted fill road or a bridge described in paragraphs (4)

26 -4--(a), (b), or (c) above, necessary to construct said work.










DRAFT 8-29-94
Page 60

1 (g) A permanent low water, hard surfaced crossing in a

2 stream, other watercourse, wetland or other impoundment

3 consisting of the placement of rock or similar material no more

4 than twelve (12) inches higher than the bed of the stream, other

5 watercourse or impoundment. Such crossings must be designed only

6 to facilitate the movement of equipment by creating a stable

7 foundation in shallow streams, other watercourses, wetlands or

8 other impoundments. Temporary low water, hard surfaced crossings

9 may be constructed using logs, but must be removed immediately

10 following the completion of the silvicultural operation or within

11 thirty (30) months of the filing of the Notice of Intent in

12 subsection (3), whichever is sooner.

13 (h) Upland field ditches of a temporary nature to

14 facilitate only harvesting, site preparation, and planting, with

15 a maximum cross-sectional area of eighteen (18) square feet

16 spaced no closer than six hundred and sixty (660) feet from any

17 other parallel ditch. After seedling establishment, the ditches

18 shall be allowed to revegetate naturally. The permitted will not

19 be required to fill field ditches after seedling establishment.

20 (i) Above grade, unpaved, upland silvicultural roads

21 with an average road surface width of twenty-five (285) feet

22 within a construction corridor up to fifty (50) feet in width.

23 These roads must also incorporate sufficient culverts at grade to

24 prevent alteration of natural sheet flow and may have associated

25 borrow ditches. Road ditches shall be constructed only to obtain

26 road material for the associated road and to provide only enough


I









DRAFT 8-29-94
Page 61

1 storage to maintain a dry road surface. Such road ditches must

2 not be designed nor may they c.rv to provide drainage to the

3 tract adjoining the road, other than to provide drainage of the

4 road surface and minor, incidental drainage of abutting lands.

5 These road ditches may be connected to other roadside ditches

6 that were constructed pursuant to this section but must not

7 connect directly or indirectly to any works not own d by the

8 person who own the propo.od ro.ad on-site or off-site which are

9 designed or constructed to provide drainage or conveyance or

10 which would result in drainage or conveyance. Road ditches must

11 be separated from wetlands and other surface waters by a buffer

12 strip of indigenous ground cover and a water turnout prior to

13 said buffer strip. However, road ditches may discharge directly

14 to a wetland when the slope of the uplands within 1000 feet of

15 the edge of the wetland is equal to or less than two (2) percent,

16 provided the ditch does not result in drainage of the wetland and

17 provided that the ditch does not create a hydrologic connection

18 between two or more wetlands. The width of the buffer strip

19 shall be no less than 35 feet, or 50 feet when located adjacent

20 to an Outstanding Florida Water, an Outstanding National Resource

21 Water, or Class I waters.

22 (j) Upland borrow areas needed to obtain fill material

23 for crossings authorized by this noticed general permit of

24 streams, other watercourses, wetlands and other impoundments.

25 These upland borrow areas must not provide drainage and must not

26 be hydrologically connected to roadside ditches or field ditches.










DRAFT 8-29-94
Page 62

1 (5) In order to qualify for this general permit, the systems

2 identified in subsection (4) of this section must meet the

3 following performance standards:

4 (a) Except for those areas to be filled for crossings

5 as provided in this section, the proposed activities must not

6 convert wetlands or other surface waters to uplands.

7 (b) A road or bridge must be designed to convey normal

8 water flow while being adequately stabilized to allow for

9 overtopping during storm events without washing out.

10 (c) A permanent road or bridge placed in or crossing

11 a stream, other watercourse, wetland or other impoundment may be

12 placed no closer than one half (1/2) mile from any traversing

13 work which traverses the same stream, other watercourse, wetland

14 or impoundment. A low water crossing or temporary road or bridge

15 placed in or crossing a stream, other watercourse, wetland or

16 other impoundment may be placed no closer than one quarter (1/4)

17 mile from any traversing work which traverses the same stream,

18 other watercourse, wetland, or other impoundment. The spacing

19 limitation shall be measured along the stream, other water

20 course, wetland or other impoundment. Notwithstanding the

21 spacing limitation in this paragraph, at least one low water

22 crossing, road or bridge crossing of any stream, other

23 watercourse, wetland or other impoundment may be constructed to

24 each upland area being managed for silviculture that would not

25 otherwise be accessible if these spacing limitations were met


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DRAFT 8-29-94
Page 63

1 placed en each eentigusuo ewnernhip of property that iz uzzsed f

2 ail.iculture.

3 (d) A low water crossing, road, or bridge placed in or

4 crossing a stream, other watercourse or impoundment must not

5 cause increased velocities downstream of the work that would

6 cause scour outside of the area of clearing and snagging

7 described in paragraph (4)(e) above.

8 (e) A low water crossing, road, or bridge placed in or

9 crossing a stream, other watercourse or impoundment must not

10 cause increased flooding on property not owned by the permitted.

11 (f) Erosion control measures must be undertaken to

12 limit the transfer of suspended solids into the receiving

13 waterbody during and after construction of the proposed work.

14 After removing any temporary crossing, disturbed portions of the

15 stream bank and stream channel shall be restored to approximate

16 their original shape and flow capacity. Erodible ground area

17 associated with the crossing shall be stabilized with rip-rap,

18 mulch or seeded for appropriate ground cover vegetation within 72

19 hours after removal.

20 (g) Upland field ditches may connect only to works

21 which are permitted by the District or are exempt from permitting

22 by the District and only if the connection will not cause the

23 work to exceed its conveyance capacity or to increase flooding on

24 property notw owned by the permitted; however, this section does

25 not authorize connection to works without the consent of the

26 owner of the work. Field ditches will be presumed to meet the









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1 erosion control requirements of subparagraph (5) (f), above when

2 they are separated from streams, other watercourses, wetlands or

3 other impoundments by a buffer strip of undisturbed vegetation

4 and provided the integrity of this buffer is maintained. The

5 width of the buffer strip shall be the width of the total Special

6 Management Zone (primary zone and secondary zone) as described in

7 the "Silviculture Best Management Practices Manual" referenced in

8 paragraph (h). However, field ditches may discharge directly to

9 a wetland when the slope of the uplands within 1000 feet of the

10 edge of the wetland is equal to or less than two (2) percent,

11 provided the ditch does not result in drainage of the wetland and

12 provided that the ditch does not create a hydrologic connection

13 between two or more wetlands.

14 (h) In addition to the performance standards set forth

15 in (a)-(g) above, the applicant, in undertaking the activities

16 authorized herein, must utilize the best management practices set

17 forth in "Silviculture Best Management Practices Manual" (1993)

18 published by the Division of Forestry, Florida Department of

19 Agriculture and Consumer Services.

20 (i) If climatic or flow conditions prevent the removal

21 of a temporary crossing within the time frame specified in this

22 section, the applicant may submit another Notice of Intent to

23 extend the time period for removal and restoration of the

24 temporary crossing. The applicant must provide a written

25 explanation and evidence supporting the need to reauthorize the


I









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1 crossing and must specify the additional time needed to remove

2 the crossing, which may not exceed one year.

3 (6) Unleso revoked or otherwiC : modifie4d,- tThe duration of

4 the general permit authorized in this section is:

5 (a) For construction, alteration, abandonment, or

6 removal of the silvicultural surface water management system: one

7 (1) year to complete the permitted activity;

8 (b) For operation or maintenance of the silvicultural

9 surface water management system: permanent.

10 Specific Authority 373.044, 373.113, 373.118, F.S., Law

11 Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--

12 New:




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