Noticed General Permit for Maintenance of Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-341.494: Noticed General Permit for Maintenance of Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County.

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 53, December 31, 2008 issue of the Florida Administrative Weekly.

62-341.494 Noticed General Permit for Maintenance of Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County.

(1) A general permit is hereby granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds and secondary channel systems listed in Table 1 and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program, Gainesville, Florida (30 October 2008), which is hereby incorporated by reference. Additional information on the background, methodology, and data used in identifying the trafficsheds and secondary channel systems that are the subject of this general permit is described in the following reports:

(a) through (d) No change.

Copies of the above documents may be obtained by contacting environmental resource permit program staff in the Department’s South District Office (Fort Myers) of the Department and from the Department's Internet site at http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm. This general permit is not required for maintenance dredging that qualifies for an exemption under Section 403.813(1)(f), F.S.

(2) This general permit is further limited as follows.

(a) through (d)1. No change.

2. Prior to any dredging authorized by this general permit within an Aquatic Preserve, WCIND shall demonstrate that the NICMZ(s) within that aquatic preserve have been established and marked in the field. Nothing in this rule shall be construed to relieve WCIND from obtaining sign permits required by the Florida Fish and Wildlife Conservation Commission (FWC). For this purpose, DEP authorizes WCIND, as its agent, to apply to FWC for all required sign permits to mark the boundaries of the NICMZs established by this general permit. WCIND shall pay all permitting fees, and shall be responsible for installing and maintaining all permitted signs.

3. No change.

(e) through (h) No change.

(3) through (4) No change.

(5) A Letter of Consent is granted in accordance with subparagraphs 18-21.005(1)(c)10., 15., and 16., F.A.C., This general permit constitutes a Letter of Consent by the Board of Trustees of the Internal Improvement Trust Fund (BOT) under Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., for the West Coast Inland Navigation District to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities. A Letter of Consent also is granted in accordance with subparagraphs 18-21.005(1)(c)15., and 16., F.A.C., This general permit also constitutes a Letter of Consent under Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., from the BOT to Lee County and the West Coast Inland Navigation District to establish, mark, and enforce the NICMZs depicted in Exhibit A.

(6) No change.

Rulemaking Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(2)(f), 403.813(3), 403.814(1) FS. History–New ________.