(1) A general permit is granted to any governmental mosquito control agency to construct and operate culverts and associated water control structures for the control of water levels in mosquito control impoundments, and to breach mosquito control impoundments, provided:
    (a) The work is done only to provide improved transport of tidal water and organisms between the impounded wetland and adjacent surface waters or between cells within existing mosquito control impoundments for the purpose of improving water quality and the quality of fish and wildlife values;
    (b) The work is not required as mitigation under Part IV of Florida Statutes Chapter 373;
    (c) Breaches, culverts and associated water control structures shall be installed in locations that restore historic flow patterns, such as at or adjacent to historic locations of tidal creeks, and shall be located and operated such that state water quality standards shall not be violated in the receiving waters outside the impoundment;
    (d) Culverts and associated water control structures shall either be left open year-round or shall be only seasonally closed as necessary to control mosquito breeding and to minimize the application of pesticides;
    (e) Culverts and water control structures shall not be constructed in the locations of existing breaches of the impoundment dike;
    (f) Culverts and water control structures shall be made of a corrosion resistant material;
    (g) The diameter and invert elevation of culverts and water control structures shall be sufficient to maintain flow and prevent scouring under expected hydrologic conditions;
    (h) Spoil material excavated during construction of the breaches shall be handled and deposited so as to prevent violations of state water quality standards for turbidity, and shall be contained in a self-contained upland disposal site; and,
    (i) Wetlands disturbed by construction shall be stabilized with indigenous wetland vegetation or clean riprap, and the uplands disturbed by construction shall be stabilized with vegetation, riprap, or other means.
    (2) The Agency shall send a copy of the notice to use this general permit to the Chairman of the Subcommittee on Managed Marshes which is established under Florida Statutes § 388.46
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History-New 10-3-95, Formerly 62-341.463, Amended 10-1-13.