Definitions, Policy, Annual Funding Requests, Project Ranking Procedure, Project Cost Sharing, Project Agreements
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62B-36.002Definitions
62B-36.003Policy
62B-36.005Annual Funding Requests
62B-36.006Project Ranking Procedure
62B-36.007Project Cost Sharing
62B-36.009Project Agreements
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. 39, No. 58, March 25, 2013 issue of the Florida Administrative Register.
62B-36.001Purpose.
No change.
62B-36.002Definitions.
(1) through (13) No change.
(14) “Public Beach Access” is an entry zone and associated parking under public ownership or control which is specifically used for providing access to the adjacent sandy beach for the general public. The access must be signed, maintained and clearly visible from the adjacent roadway. The parking spaces counted for eligibility must be within one-quarter mile walking distance of a lateral entry zone and available to the general public. The types of public beach access sites are:
(a) “Primary Beach Access” is a site with at least 100 units, as defined in rule 62B-36.007(1), F.A.C., 50 public parking spaces and public restrooms;.
(b) No change.
(15) through (18) No change.
62B-36.003 General
(1) through (10) No change.
(11) The Department shall annually review and rank all projects requested by local sponsors for the next fiscal year on either the beach management or inlet management project lists, and maintain current project listings in priority order. As part of the review, the Department shall seek formal input from local coastal governments, beach and general government associations, and other coastal interest groups, and university experts. The project listings shall also identify funds needed for statewide and regional management activities, state sponsored or co-sponsored demonstration projects, new feasibility and design studies, and a consolidated category for post-construction monitoring required by state and federal permits. Funding that may become available due to savings or scheduling changes shall be made available to projects on approved inlet management lists and for emergency situations as determined by the Governor pursuant to Section 161.111, F.S., or the Legislature.
(12) No change.
62B-36.005Annual Funding Requests.
(1) Annual funding requests for cost sharing of beach management projects shall be submitted by the local sponsor to the Department. Projects previously submitted, but not funded, and projects with cost overruns may be included. Local sponsors who have received funding for projects in past fiscal years and who anticipate requesting funding in subsequent years shall update the Local Long Range Budget Plan as to costs and scheduling. The Local Long Range Budget Plan shall be consistent with the Strategic Beach Management Plan and have a 10-year minimum time frame. The submittal shall be in electronic format and include:
(a) through (f) No change.
(g) The estimated volume of advanced nourishment lost since the last sand placement event of a beach restoration or nourishment project as measured landward of the Mean High Water Line,
(2) through (4) No change.
62B-36.006Project Ranking Procedure.
(1) No change.
(a) Severity of erosion. The severity of erosion score is determined by the average historical rate of erosion for the project length over 30 years at 2 points per foot of erosion, for a maximum total of 10 points. The Department will use historical MHW data files contained in the Department’s Historic Shoreline Database to calculate the average rate of erosion for up to a 30 year period after 1972, but prior to any beach fill placement in the project area. Linear least square fit to the data will be used to determine the erosion/accretion trend. For those project areas where inadequate data prevents the calculation of an average rate, then the rate may be obtained from a published study document used in the design of the project.
(b) Threat to upland structures. The percent of shoreline containing structures at or seaward of the projected 25-year return interval storm event erosion limit within the project boundaries times ten, for a maximum total of 10 points. The Department will determine the threat to upland structures by application of the Dean CCCLa CCCLr, SBEACH (Storm-induced BEAch CHange Model) or comparable numeric model using a 25-year return interval storm tide hydrograph on the most recent beach-offshore profile data at each R-monument in the project area as determined by the Department and provided in “Erosion Due to High Frequency Storm Events,” which is incorporated by reference. SBEACH results shall be supported with documentation on objectives, data used, model configuration and parameter selection, calibration/validation, applications of forcing conditions and any assumptions made in the modeling analysis. Copies of “Erosion Due to High Frequency Storm Events,” by the University of Florida, dated November 22, 1995 http://www.flrules.org/Gateway/reference.asp?No=Ref-02423 and the “SBEACH-32 Users Interface Manual” dated January 10, 1996 http://www.flrules.org/Gateway/reference.asp?No=Ref-02424, “SBEACH Report 1” dated July 1, 1989 http://www.flrules.org/Gateway/reference.asp?No=Ref-02425, “SBEACH Report 2” dated May 1 1990 http://www.flrules.org/Gateway/reference.asp?No=Ref-02427, “SBEACH Report 3” dated May 1, 1993 http://www.flrules.org/Gateway/reference.asp?No=Ref-02428, “SBEACH Report 4” dated April 1, 1996 http://www.flrules.org/Gateway/reference.asp?No=Ref-02429, and “SBEACH Report 5” dated August 1, 1998 http://www.flrules.org/Gateway/reference.asp?No=Ref-02430 by the U.S. Army Corps of Engineers, which are incorporated by reference, may be obtained at the following web site: www.dep.state.fl.us/beaches.
(c) through (f) No change.
(g) Project performance. Performance points shall be based upon the expected life of a project, as documented in a feasibility study for restoration projects and on the average nourishment interval for nourishment projects. Projects with a three-year nourishment interval shall receive 1 point, plus 1 point for every additional year of the expected or actual life with a ten-year or more nourishment interval receiving a maximum of 8 points; projects with an average cost/per mile/ per year below the average cost/per mile/per year of all projects requesting construction funding for a given year shall receive 2 points. Cost calculations, for the upcoming construction event, will include construction, associated project mitigation, and construction-related and first year post-construction monitoring costs. sand placement only design, structures will not be included with a maximum total of 10 points.
(h) through (k) No change.
(l) Significance. Sum of the following criteria for a maximum of 20 points;
1. Projects shall receive points based upon the project length at one point per mile for a maximum of 10 points;
2. Projects entering the construction phase will receive 1 point;
3. Projects with greater than 25 percent of the shoreline length designated as commercial, recreational, or public lodging establishment shall receive 1 points and projects with greater than 50 percent of the shoreline length designated as commercial, recreational, or public lodging establishment shall receive 2 points, for a total of 2 points;
4. Projects where the volume of advanced nourishment lost since the last sand placement event of a beach restoration or nourishment project as measured landward of the Mean High Water Line, shall receive 1 point for every 20 percent of volume lost, for a maximum of 5 points;
5. Projects where shoreline has eroded into the design profile shall receive 1 point;
6. Projects that place a greater volume/mile/year than the average volume/mile/year for all projects in their region (Florida east coast, Florida west coast, and Florida panhandle) requesting construction funding for a given year shall receive 1 point;
Projects shall receive points based upon the project length at one point per mile for a maximum of 10 points; projects entering the construction phase will receive 1 point; projects with a severity of erosion calculation greater than two (2) feet per year shall receive 1 point; projects with greater than 25 percent of the shoreline length designated as commercial, recreational, or public lodging establishment shall receive 1 points and projects with greater than 50 percent of the shoreline length designated as commercial, recreational, or public lodging establishment shall receive 2 points, for a total of two points; projects with greater than 50 percent of the shoreline length containing threatened upland structures shall receive 1 point for a total maximum of 15 points.
(m) No change.
(2)(a) through (h) No change.
(i) Inlet Management studies will be ranked using only the criteria listed in (a), (d), (e), (f), and (h). Ranking of inlet management studies will be a normalization normalized based on the total point value of the above referenced criteria.
62B-36.007Project Cost Sharing.
(1) Until the unsatisfied demand for restoring and repairing Florida’s beaches is met, the Department intends to share in the costs of beach management projects with local sponsors. Cost sharing will only be applied to the portion of the project necessary to benefit shoreline designated by the Department as critically eroded. The Department shall cost share up to 50 percent of the total costs for non-federal beach management projects. The Department shall cost share up to 50 percent of the non-federal share of U.S. Army Corps of Engineers Civil Works projects. The Department shall cost share up to 50 percent of the non-federal and state emergency fund share for projects approved to receive Federal Emergency Management Agency Public Assistance funding (Category G or equivalent subsequent program for designed, constructed and routinely maintained beaches). State cost share is subject to adjustment for the level of public accessibility calculated for beach management projects. Project shoreline lengths eligible for cost sharing are quantified at the rate of 100 units of eligibility per mile (5,280 feet) or 52.8 feet per unit. A unit is defined as one automobile parking space, one rental unit in a Public Lodging Establishment, one mass transit stop, or 4 bicycle parking spots. Eligible shoreline lengths are calculated, using the following criteria:
(a) Primary beach access sites shall be granted eligibility for the shoreline length of the access site. Additional eligibility shall be granted at a rate of 52.8 50 linear feet per unit parking space for up to one-half mile in each either shore parallel direction for the following units:.
1. Automobile parking spaces located within one quarter mile of a primary access site may be granted eligibility for that public access site at the rate of one unit, or 52.8 feet, per parking space.
2. Bicycle parking located within one quarter mile of a primary access site may be granted eligibility at the rate of one-quarter of a unit, or 13.2 feet, per designated bicycle parking spot. Bicycle parking spots used for eligibility may not exceed 211.2 feet per public access site.
3. Mass transit, such as buses or trolleys, may be granted eligibility at the rate of one unit, or 52.8 feet, per bus stop located within one quarter mile of the public access site. Bus stops used for eligibility may not exceed 211.2 feet per public access. In order to qualify, mass transit must be accessible to the general public and operational year round.
(b) Beachfront public lodging establishments shall be granted eligibility based upon 52.8 50 feet of shoreline eligibility per unit available to the public. Maximum eligibility may not exceed the beach front width of the property.
(c) Secondary beach access sites shall be granted eligibility for the shoreline length of the access site. Additional eligibility shall be granted at a rate of 52.8 50 linear feet per unit parking space for up to one-quarter mile in either shore parallel direction, for the following units:.
1. Public lodging establishments not located on the beach front but located within one quarter mile of a secondary public access point may contribute to the eligibility for that public access site at the rate of 52.8 50 feet of shoreline eligibility per rental unit available to the public. Maximum eligibility may not exceed the street-side frontal width of the property.
2. Bicycle parking located within one quarter mile of a secondary access site may be granted eligibility for that public access site at the rate of 13.2 12.5 feet per designated bicycle parking spot. Bicycle parking spots used for eligibility may not exceed 211.2 200 feet per public access site.
3. Mass transit, such as buses or trolleys, may be granted eligibility for that public access site at the rate of one unit, or 52.8 feet, parking space per bus stop located within one quarter mile of the public access site. Bus stops used for eligibility may not exceed 211.2 200 feet per public access. In order to qualify, mass transit must be accessible to the general public and , operational year round and must allow for the transportation of personal recreational items for beach use.
(d) through (f) No change.
(2) through (6) No change.
62B-36.009Project Agreements.
(1) through (2) No change.
(3) Local sponsors may design and construct beach management projects which are consistent with this rule and Chapter 161, F.S., prior to the receipt of funding from the state pursuant to Sections 161.101 and 161.161, F.S., and may subsequently apply for reimbursement from the state within three years of the completion of the project construction pursuant to Section 161.101, F.S., provided that:
(a) The local sponsor has obtained from the Department approval for cost-sharing for all scopes of work related to the project and has established and the Department have entered into a project agreement, which approves the project and establishes the basis for reimbursement before the project phase commences. No reimbursement shall be granted for work accomplished prior to the date of the agreement unless specifically set forth in the agreement;
(b) through (e) No change.
