Florida Regulations 62-331.217: General Permit for Linear Transportation Projects
Current as of: 2024 | Check for updates
|
Other versions
(1) This general permit authorizes the following activities:
(a) Activities required for crossings of state-assumed waters associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in state-assumed waters.
1. The activity cannot cause the loss of greater than 1/2-acre of state-assumed waters.
2. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.
(b) Temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project.
1. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.
2. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.
3. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.
4. The areas affected by temporary fills must be revegetated.
(2) This general permit does not authorize:
(a) Non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.
(b) Activities within the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.
(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.
(d) Activities within Golden Gate Estates, that together with other activities exceed 0.5 acres of dredging or filling within Golden Gate Estates north of Alligator Alley in Collier County.
(3) The permittee must submit a notice of intent to use this general permit to the agency prior to commencing the activity if:
(a) The loss of state-assumed waters exceeds 1/10-acre.
(b) There is dredging or filling in a special aquatic site, including wetlands.
(c) The project is in the following rivers, creeks, and their tributaries.
1. Escambia River
2. Yellow River
3. Shoal River
4. Choctawhatchee River
5. Chipola River
6. Apalachicola River
7. Ochlockonee River
8. Santa Fe River
9. New River (Bradford and Union County line)
10. Econfina Creek.
(4) For activities that require notice of intent to use this general permit, the notice must include any other general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require authorization but do not require submittal of a notice of intent.
(5) For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of the general permit authorization.
(6) The Agency shall require mitigation, when necessary, to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects.
Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History-New 12-22-20.
(a) Activities required for crossings of state-assumed waters associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in state-assumed waters.
1. The activity cannot cause the loss of greater than 1/2-acre of state-assumed waters.
2. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.
(b) Temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project.
1. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.
2. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.
3. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.
4. The areas affected by temporary fills must be revegetated.
(2) This general permit does not authorize:
(a) Non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.
(b) Activities within the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.
(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.
(d) Activities within Golden Gate Estates, that together with other activities exceed 0.5 acres of dredging or filling within Golden Gate Estates north of Alligator Alley in Collier County.
(3) The permittee must submit a notice of intent to use this general permit to the agency prior to commencing the activity if:
(a) The loss of state-assumed waters exceeds 1/10-acre.
(b) There is dredging or filling in a special aquatic site, including wetlands.
(c) The project is in the following rivers, creeks, and their tributaries.
1. Escambia River
2. Yellow River
3. Shoal River
4. Choctawhatchee River
5. Chipola River
6. Apalachicola River
7. Ochlockonee River
8. Santa Fe River
9. New River (Bradford and Union County line)
10. Econfina Creek.
(4) For activities that require notice of intent to use this general permit, the notice must include any other general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require authorization but do not require submittal of a notice of intent.
(5) For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of the general permit authorization.
(6) The Agency shall require mitigation, when necessary, to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects.
Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History-New 12-22-20.