This proposed rule amends an existing noticed general environmental resource permit under Part IV of Chapter 373, F.S., for boat ramps and their associated accessory docks. The amendments will conform the general permit with the requirements of ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-341.417: General Permit for Construction, Alteration or Maintenance of Boat Ramps and Associated Accessory Docks
PURPOSE AND EFFECT: This proposed rule amends an existing noticed general environmental resource permit under Part IV of Chapter 373, F.S., for boat ramps and their associated accessory docks. The amendments will conform the general permit with the requirements of Section 373.118(5), F.S. (as amended by Chapter 2005-158, Laws of Florida), including authorizing certain upland improvements associated with a boat ramp facility that is constructed, operated, and maintained by a governmental entity, provided the ramp and associated facilities remain open to the general public for the life of the facility. The amendments also will make the general permit more useable by expanding the geographical area where it applies.
SUMMARY: The proposed rule authorizes the construction, alteration, maintenance, and operation of a single boat ramp serving an individual, single-family dwelling unit, a multi-family dwelling unit, a commercial entity, or a governmental entity. The boat ramp for a multi-family residence or a commercial or governmental entity will be authorized to contain a maximum of two accessory docks having a maximum cumulative size of either 500 square feet within Outstanding Florida Waters (as listed in Rule 62-302.700, F.A.C.) or 1,000 square feet in other waters. The general permit also authorizes a maximum of 1.2 acres of impervious surface in uplands subject to vehicular traffic associated with a governmental entity’s boat ramp, provided: 1) that any such impervious surface exceeding 4,000 square feet must have a fully operational stormwater management system completed in conformance with the terms and conditions of the general permit prior to operation of any portion of the boat ramp facility; and 2) the ramp and associated facilities remain open to the general public for the life of the facility.
The existing general permit is not allowed to be used in waters that are accessible to manatees within 27 counties. The geographic applicability of the general permit is proposed to be expanded to all counties in Florida, except for waters that are accessible to manatees within Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns River and its tributaries in Lake and Seminole Counties. However, construction or expansion of a multi-family, commercial, or governmental boat ramp in waters that are accessible to manatees must be consistent with applicable state approved manatee protection plans.
Boat ramp facilities authorized under the proposed noticed general permit cannot be associated with a larger plan of development that requires a permit under Part IV of Chapter 373, F.S. Boat ramps and accessory docks authorized under the general permit cannot adversely impede navigation or create a navigational hazard in the water body, and a minimum navigational access of two feet below mean low water in tidal waters or mean annual low water in non-tidal waters must already exist to the proposed ramp. The general permit does not authorize any filling of wetlands or other surface waters, other than for construction of the actual boat ramp surface, incidental filling associated with recontouring the land under the ramp to create a smooth grade, and placement of pilings for associated accessory docks. The general permit contains additional conditions and limitations to ensure that it does not allow significant adverse impacts to occur individually or cumulatively, as required by Sections 373.118, 373.406(5), and 373.414(9), F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared by the Agency. There are several groups who will be affected by the revisions to the NGP. Single-family, multi-family, commercial, governmental interests, boat ramp users, companies who design and build ramps, businesses operating in the vicinity, and surrounding property owners near a boat ramp constructed under the revised NGP will all receive a positive externality from the increased water access or the related increase in boater traffic. In the case of property owners (including single-family, multi-family, commercial, and surrounding property owners), this benefit stems primarily from increases in property values and increased utility derived from water access. In the case of affected businesses (including commercial interests, companies who design and build boat ramps, and businesses operating in the vicinity) and government interests, the benefits are related to the increased fee for use and retail sales income derived from increased boater traffic.
Costs from the NGP are primarily from negative environmental impacts, increased maintenance and enforcement costs, and transactional costs. The environmental impact costs are shared among all affected parties in the form of increased water and air pollution as well as increased erosion from the increased boat traffic. The increased costs of maintenance and enforcement are borne by those who build a new ramp under the NGP. Transactional costs for this rule change are expected to be minor and directly impact those who build ramps.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS.
LAW IMPLEMENTED: 373.118(1), 373.118(5), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 3, 2009, Monday, 1:30 p.m., EDT
PLACE: Department of Environmental Protection, Bob Martinez Center, Room 609, 2600 Blair Stone Road, Tallahassee, FL
Toll Free Teleconference Number [phone], Conference Code 2458486
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: VanTassel at [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ann Lazar, Environmental Supervisor, Department of Environmental Protection, Office of Submerged Lands and Environmental Resources at 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400, by e-mail at [e-mail], or [phone]. (OGC No. 05-1659)

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 62-341.417 follows. See Florida Administrative Code for present text.)

62-341.417 General Permit for Construction, Alteration, Operation, and or Maintenance of Boat Ramp Facilities Ramps and Associated Accessory Docks.

(1) A general permit is hereby granted, except in waters that are accessible to manatees within Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns River and its tributaries in Lake and Seminole Counties, for construction, alteration, maintenance, and operation of a single boat ramp for the following entities or facilities:

(a) An individual, detached single-family dwelling unit or two adjacent detached single-family dwelling units, provided the ramp is located on the shared property line.

(b) A multi-family dwelling unit, which, for the purpose of this rule, shall include attached multi-family dwelling units, regardless of the legal subdivision of the underlying property.

(c) A commercial entity, provided such ramp is open to the general public for the life of the ramp, with or without a fee and without any membership or qualifying requirements.

(d) A governmental entity, such as a federal, state, county, or municipal agency, or a water management or inland navigation district, provided the boat ramp is open to the general public for the life of the facility, with or without a fee. The following associated facilities are also authorized for governmental entities in accordance with the terms and conditions of this general permit, provided the ramp and associated facilities remain open to the general public for the life of the facility, with or without a fee: ingress and egress traffic lanes, boat trailer parking spaces, an access road, and associated accessory docks.

(2) The boat ramp and associated facilities must meet all of the following conditions:

(a) The work does not qualify for an exemption under Part IV of Chapter 373, F.S, or Part V of Chapter 403, F.S.

(b) The work is not part of a larger plan of development that requires a permit under Part IV of Chapter 373, F.S.

(c) A minimum navigational access of two feet below mean low water in tidal waters or mean annual low water in non-tidal waters must already exist to the proposed ramp. Depth indicators shall be installed at the ramp to identify the controlling depths of the navigational access.

(d) The construction, alteration, or use of the boat ramp, including any accessory docks, shall not adversely impede navigation or create a navigational hazard in the water body.

(e) There shall be no dredging or filling of submerged grassbeds or coral communities.

(f) There shall be no filling of wetlands or other surface waters, other than for construction of the actual boat ramp surface, incidental filling associated with recontouring the land under the ramp to create a smooth grade, and placement of pilings for associated accessory docks.

(g) No part of the accessory docks shall be located over submerged grassbeds or coral communities.

(h) Dredging shall be limited to no more than 100 cubic yards, and in no case shall be more than is necessary to construct the boat ramp surface or restore the ramp to its original configuration and dimension.

(i) All dredged material that results from activities authorized by this general permit shall be deposited in an upland spoil site designed and located to prevent the escape of dredged material into wetlands or other surface waters.

(j) The above-water portion of the boat ramp shall be stabilized to prevent turbidity.

(k) The work shall not cause or contribute to violations of state water quality standards.

(l) Work under this general permit shall not commence until the Department has provided written confirmation that the applicant qualifies to use the general permit.

(m) This general permit is limited to one use per parcel o property and cannot be combined with other noticed general permits or exemptions.

(3) Construction of the boat ramp is limited as follows:

(a) The boat ramp for a single-family or multi-family dwelling unit, pursuant to paragraph (1)(a) or (b), is limited to a single lane and must not exceed a width of 20 feet, including the side slopes, with the boat ramp surface not to exceed a width of 12 feet.

(b) The boat ramp for a commercial or governmental entity pursuant to paragraph (1)(c) or (d) is limited to a maximum of two lanes and must not exceed a width of 60 feet, including the side slopes, with the ramp surface not to exceed a width of 36 feet.

(c) Construction or expansion of a multi-family, commercial, or governmental boat ramp pursuant to paragraph (1)(b), (c), or (d) in waters that are accessible to manatees must meet the following criteria:

1. The proposed boat ramp facility must be consistent with the state approved manatee protection plan in counties required to have a manatee protection plan adopted under Section 379.2431(2) F.S., or counties that have voluntarily completed a state approved manatee protection plan. Documentation of plan consistency must be submitted concurrently with the notice to use the general permit in the form of a letter of consistency concurrence from the Florida Fish and Wildlife Conservation Commission.

2. The proposed boat ramp facility must have a kiosk or permanent information display board providing information on manatee protection or the manatee zones in Chapter 68C-22, F.A.C., for that county and must follow the standard manatee construction conditions for in-water work.

(d) A boat ramp for a multi-family residence or for commercial or governmental entities pursuant to paragraph (1)(b), (c), or (d) can have a maximum of two accessory docks, abutting either one or both sides of the boat ramp, provided that the cumulative square footage of accessory docks over wetlands or other surface waters does not exceed 500 square feet in Outstanding Florida Waters or 1,000 square feet outside Outstanding Florida Waters. In addition, the accessory docks shall not be used for overnight mooring.

(4) The following criteria only apply to governmental entities. Any new upland parking or other impervious surface associated with boat ramps for single-family, multi-family, and commercial entities pursuant to paragraph (1)(a), (b), or (c) is subject to the permitting requirements and criteria in Chapter 40B-4, 40B-400, 40C-4, 40C-40, 40C-42, 40D-4, 40D-40, 40E-4, 40E-40, 62-330, or 62-346, F.A.C. The total impervious surface in uplands that is subject to vehicular traffic associated with a boat ramp for a governmental entity pursuant to paragraph (1)(d) shall not exceed 1.2 acres. Before operating any portion of such a boat ramp facility that contains 4,000 square feet or more impervious surface subject to vehicular traffic, a stormwater management system meeting all of the following requirements must be constructed and fully operational.

(a) Each system must be designed by a registered professional in accordance with Chapter 471, 472, 481, or 492, F.S., as applicable, and must be constructed, operated, and maintained to serve the total project area of the boat ramp facility.

(b) No system shall accept or treat offsite runoff.

(c) The system must provide treatment for a minimum stormwater retention volume of one-half inch of runoff. Recovery of the specified retention volume must occur within 72 hours by percolation through the sides and bottom of the retention basin.

(d) Impervious traffic lanes and parking areas must be graded such that runoff is directed to the stormwater treatment system.

(e) The system must include a continuous vegetated buffer strip adjacent to the downstream side of impervious areas subject to stormwater treatment. The buffer strip must be at least 25 feet wide and stabilized by well-established natural vegetation.

(f) The permittee must maintain the integrity of the treatment system and buffer strips at all times for the life of the system.

(g) Upon completing construction of the stormwater management system, the system must be operated and maintained by the permittee in accordance with the terms of this general permit for the life of the system. The permittee shall perform routine inspections of the buffer to check for development of concentrated flow through it, gully erosion, or loss of vegetation, and must repair the buffer as soon as practical to restore shallow overland flow conditions and prevent further concentration of flow and damage to the buffer.

(5) Commercial or governmental entities proposing to construct a boat ramp pursuant to paragraph (1)(c) or (d) shall execute and record in the public land records of the county in which the boat ramp is located a binding agreement in favor of and acceptable to the Department ensuring that the facility will remain open to the general public for the life of the facility.

(6) The construction or alteration of a boat ramp or accessory docks does not obligate the Department to approve any subsequent request to dredge for navigational access.

Rulemaking Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.118(5), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Sectretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 22, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 18, 2008