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) No change.

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

(a) through (c) No change.

(d)1. The “No Internal Combustion Motor Zones” (NICMZs) shown and described in the attached Exhibit A, which reflect the boundaries approved in Resolution 07-09-49 of the Lee County Board of County Commissioners on September 25, 2007, are hereby established by this general permit. Within these NICMZs, the use of electric motors is permitted, but operators of all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water. For purposes of implementing this rule, the definition of “No Internal Combustion Motors” in Rule 68D-23, F.A.C., shall not apply.

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 with signage in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission’s (FWC) Boating and Waterways Section. 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. WCIND will design and implement a program to monitor seagrasses within the NICMZs using various scientifically approved methods after consultation with DEP and FWC staff. The monitoring shall be designed to establish the baseline coverage of seagrasses by species, the number and coverage of prop scarring, and document any change in coverage over time. At a minimum, the first monitoring will occur within 90 days after the boundaries of the NICMZ’s have been marked with signage as provided in the preceding section of this general permit, and thereafter every two years for a total of ten years. The monitoring plan shall include metrics that can be used to quantitatively establish the relative success or failure of seagrass restoration and protection following establishment of the NICMZs.

(e) through (h) No change.

(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-341.215, F.A.C., and the following specific conditions.

(a) Each dredging event for a trafficshed or secondary channel system shall require a separate notice to use this general permit. Multiple areas within a single trafficshed or secondary channel system may be included in one notice. Each notice shall be submitted with the following:

1. through 2. No change.

3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any water quality or habitat restoration as described in paragraph (3)(d) of this general permit and any relocation areas required under paragraph (2)(b) of this general permit. If dredged material fill will be transported over water by barge, the notice will include assurance that the barge will be designed and sized to prevent discharge of dredged material runoff, prop or hull dredging, and discharge during the loading and unloading of material. If temporary stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such stockpile areas, including controls that will be used to prevent dredge material runoff also must be described. The notice must provide assurance any temporary stockpile areas will have no impacts to jurisdictional wetlands or surface waters.

4. through 8. No change.

9. A plan for monitoring water quality minimally consisting of monitoring at the dredge site, at the location of any waters receiving outfall from dredged material disposal sites, and at background and down-gradient locations in the water body where dredging is occurring and surrounding the dredged material disposal sites. The monitoring shall be designed primarily to measure in-situ turbidity, but is subject to modification will be modified based on the pre-application meeting discussion with the Department to ensure the plan is capable of detecting any potential water quality violations from the work. If the dredge area is in close proximity to a facility or location likely to cause a discharge of toxic materials, the water quality monitoring as well as best management practices proposed shall be designed to contain deleterious substances during dredging. Results of the monitoring and a copy of the logs shall be submitted in accordance with the provisions in paragraph (3)(f) of this general permit.

10. No change.

(b) No change.

(c) To the extent seagrass, corals, sponges or clumped oysters are within the dredging footprint to be dredged, they shall be relocated to the maximum extent practicable. Seagrass, oysters, corals, and sponges must be relocated only into areas previously approved in writing by the Department. Relocation shall be done in a manner that avoids adverse impacts to water quality and adjacent submerged resources. If seagrasses are relocated, the donor site within the dredge area and the recipient location of the seagrass transplant shall be described in the application and in the pre-application meeting required under paragraph (3)(b) of this general permit. Any relocation performed pursuant to this paragraph shall be described in a detailed report to the South District office of the Department within 60 days of project completion. The report shall describe the methods used, the donor site within the dredge area, and the recipient location of the transplant. The WCIND shall provide copies to the South District office of the Department of any follow up monitoring or studies performed on the success of the transplants.

(d) through (m) No change.

(4) No change.

(5) For activities located outside of aquatic preserves and outside of state parks, state preserves, and state recreation areas, Tthis 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. Individual Letters of Consent from the BOT will be required for each use of this NGP on state-owned sovereign submerged lands within aquatic preserves, state parks, state preserves, and state recreation areas, except that Tthis 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 ________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED CHANGE IS: Mary VanTassel, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, MS 2500, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone [phone] or e-mail: [e-mail]. Further information and updates on this proposed rule also may be obtained from the Department’s Web Site at http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC No. 07-0200)