6565850, 62-341.494 - Florida Administrative Rules, Law, Code, Register

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Notice: 6565850

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

62-341.494

Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County (Transferred)

PURPOSE:

The Department proposes to adopt a new environmental resource Noticed General Permit (NGP) for the West Coast Inland Navigation District (WCIND) to dredge public navigation channels and canals within 48 trafficsheds and secondary channel systems in Lee County.
The NGP is based on detailed studies conducted by the West Coast Inland Navigation District and Florida Sea Grant of existing traffic patterns, vessel drafts, vessel numbers and mooring locations, depth restrictions, and dredging needed to maintain existing boating use within these trafficsheds and secondary channel systems. The NGP will expedite the permitting process for the WCIND to maintain and enhance public navigation in Lee County in accordance with its statutory authorization. The NGP contains terms, limitations, and conditions that ensure that the authorized activities will not result in more than minimal adverse impact on the water resources, in accordance with Sections 373.118(1) and 373.414(9), F.S.
The NGP also includes a pre-issued Letter of Consent under Chapter 253, F.S., subparagraph 18-21.005(1)(c)10., and Rule 18-21.005, F.A.C., to conduct the authorized dredging on state-owned submerged lands outside of aquatic preserves, and a Letter of Consent under Chapters 253 and 258, F.S., Chapter 18-20, F.A.C., and subparagraph 18-21.005(1)(c)15., F.A.C., to establish four No Internal Combustion Motor Zones (NICMZs) as mitigation and for public interest benefits within the Estero Bay, Matlacha Pass, Pine Island Sound, and Gasparilla Sound/Charlotte Harbor Aquatic Preserves.

SUMMARY:

The rule adopts a new Noticed General Permit for the WCIND to maintain by dredging, marking, and maintaining public navigation channels and canals within 48 “trafficsheds” and secondary channel systems in Lee County. Dredging within these areas will be limited to a maximum of 8,500 cubic yards in each trafficshed or secondary channel system within a five-year period. The NGP limits dredging alignments, top and bottom widths, depths, and lengths of anticipated dredging. Twenty-six of the trafficsheds are located within the Estero Bay, Matlacha Pass, Pine Island Sound, and Gasparilla Sound/Charlotte Harbor Aquatic Preserves, which are designated as Outstanding Florida Waters. The authorized work is estimated to involve some dredging of seagrass within the four aquatic preserves. To offset impacts to seagrass resources and provide that the activities within the aquatic preserves are clearly in the public interest, the general permit also requires the establishment of four NICMZs within the aquatic preserves. Lee County will also facilitate an update of the “Lee County Boaters Guide” to reflect the NICMZs and to include additional information designed to enhance water quality and resource protection within the aquatic preserves.
The NGP contains terms, limitations, and conditions that ensure the authorized activities will not result in more than minimal adverse impact on the water resources. Areas authorized for dredging cannot contain any living communities of true stony coral, hydrocoral, octocoral, soft coral, sponge beds, oyster bars, or certain macroalgae. Individual specimens of these organisms will be relocated if encountered. Dredging is required to follow existing channels and previously dredged areas to the maximum extent practicable, and to minimize the potential for erosion of adjacent seagrass communities. All seagrass within dredge alignments will be relocated. Each use of the NGP will require a resource inventory, a plan for monitoring water quality, a description of resources proposed to be relocated and how, and at least one pre-application meeting. The NGP contains requirements for disposal of dredged material, and for maintaining water quality standards. Standard manatee conditions that incorporate recommendations from the Florida Fish and Wildlife Conservation Commission are included to ensure that the activities do not adversely affect manatees.
The NICMZs were established by Resolution of the Lee County Commission. The NGP includes a Letter of Consent from the Board of Trustees of the Internal Improvement Trust Fund under Chapter 253, F.S., and Chapter 18-21, F.A.C., for the authorized channel dredging outside of aquatic preserves, and a Letter of Consent under Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., to establish the NICMZs within the aquatic preserves.

RULEMAKING 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:

253.002, 253.77(4), 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.426, 403.813(2)(f), 403.813(3), 403.814(1) FS.

PRINT PUBLISH DATE:

12/31/2008 Vol. 34/53

COMMENTS:

From 12/31/2008 To 1/21/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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