Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Beaches and Shores
RULE NO: RULE TITLE
62B-26.014: Description of the Franklin County Coastal Construction Control Line
PURPOSE AND EFFECT: To amend Rule 62B-26.014, F.A.C., reestablishing the Coastal Construction Control Line for Dog Island, in Franklin County, to more accurately define that portion of the beach dune system which is subject to severe fluctuations based upon the 100-year storm surge and storm waves, and thus define the area within which special siting and design considerations are required to ensure protection of the beach dune system, proposed or existing structures, adjacent properties, and to ensure the preservation of public beach access.
SUMMARY: Contains the legal description of the Coastal Construction Control Line along Dog Island in Franklin County. Copies of the aerials showing the proposed line will be on display during regular office hours until the time of the public hearing at the following location: City Administrators Office, 1001 Gray Ave., Carrabelle.
The maps are also available on the Bureau’s web site: http://www.dep.state.fl.us/beaches/default.htm#HotTopics.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The estimated annual cost to the Department for administration of the coastal construction control line program for the affected properties on Dog Island in Franklin County was calculated as $4,200. One-time costs for rule promulgation; including staffing, professional fees, travel, and notices, inclusive, are estimated to be approximately $354,300. Upon reestablishment of the Franklin County Coastal Construction Control Line, construction, excavation or alteration on an estimated 112 properties will be affected. However, it is estimated that only 81 properties will be subject to the requirements of Section 161.053, Florida Statutes and Chapter 62B-33, Florida Administrative Code. Developers of these properties will incur higher construction and regulatory costs and will benefit only as a member of the general public or if they intend to live in the constructed units. Owners of developed property will directly benefit through a lessened chance of damage to property and a lower probability of damage from adjacent properties. The general public will not bear direct costs and will receive certain benefits, including preservation of the beach dune system, less damage due to storm waves, and lower costs for disaster relief. This rule has no economic impact on those properties seaward of the existing Franklin County Coastal Construction Control Line, as established in 1984. A copy of the Statement of Estimated Regulatory Cost may be obtained by contacting Rosaline Beckham at the information provided below.
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: 161.053(21) FS.
LAW IMPLEMENTED: 161.053(2) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, March 10, 2009, 6:00 p.m.
PLACE: City Meeting Room, 1001 Gray Ave., Carrabelle, FL
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 48 hours before the workshop/meeting by contacting: Rosaline Beckham, Department of Environmental Protection, Bureau of Beaches and Coastal Systems, Mail Station #300, 3900 Commonwealth Boulevard, Tallahassee, FL 32399-3000, (850)488-7815, or by e-mail at: rosaline.beckham@dep.state.fl.us. 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: Rosaline Beckham as referenced above

THE FULL TEXT OF THE PROPOSED RULE IS:

62B-26.014 Description of the Franklin County Coastal Construction Control Line.

(1) There is herby established, pursuant to section 161.053, Florida Statutes, the 2008 revised Dog Island  portion of the Franklin County Coastal Construction  Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Franklin County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit, under Section 161.053, Florida Statutes, and Chapter 62B-33, Florida Administrative Code, to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION OF THE

COASTAL CONSTRUCTION CONTROL LINE

FRANKLIN COUNTY, FLORIDA

Description of the coastal construction control line is established in compliance with Section 161.053, Florida Statutes, said control line lying along the Gulf of Mexico coast from the mean high water line of the southeasterly bank of West Pass, easterly to the mean high water line of the southerly bank of Ochlockonee Bay.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P. R. M.) designated and hereinafter referred to as “49-80-A01 through 49-80-A17”, “49-80-B01 through 49-80-B34”, “49-80-C01 through 49-80-C16” and “49-80-D01 through 49-80-D21” for monuments established by the Department of Environmental Protection, State of Florida, or referenced to by station name for monuments established by the National Geodetic Survey (N. G. S.) or by the U.S. Corps of Engineers (U. S. C. E.).

METES AND BOUNDS DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE FOR SAINT GEORGE ISLAND, FRANKLIN COUNTY, FLORIDA

No change.

(Substantial rewording of Rule 62B-26.014, F.A.C., the Dog Island  portion of the Franklin County Coastal Construction  Control Line. as follows.  See Florida Administrative Code for present text.)

METES AND BOUNDS DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE FOR DOG ISLAND, FRANKLIN COUNTY, FLORIDA

Description of the Coastal Construction Control Line (CCCL) is established in compliance with Section 161.053, Florida Statutes, said control line lying along the Gulf of Mexico coast from the mean high water line of the southeasterly bank of East Pass, easterly to the mean high water line of the southeast bank of Saint George Sound on Dog Island.

Said CCCL is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “49-80-C01, 49-80-C10, 49-80-C13, and 49-80-C16” for monuments established by the Department of Environmental Protection, State of Florida, or referenced to by station name for monuments established by the National Geodetic Survey (N.G.S.). Said permanent reference monuments are established on the north zone of the State of Florida plane coordinate system. All stations in this description are based on North American 1983 Datum Adjustment of 1990.

The bearing base for this description is grid North, determined by Global Positioning (G.P.S.) Observations made at all Permanent Reference Monuments (P.R.M.).

Commence at P.R.M. 49-80-C01; thence N 81 deg. 05 min. 09 SEC. E a distance of 227.96 feet to the point of beginning; thence N 32 deg. 11 min. 26 sec. E to the point of intersection with the mean high water line of the southeasterly bank of East Pass. Said point being the northwesterly terminus of the coastal construction control line for Dog Island; thence return along the same course to the point of beginning.

Thence S 00 deg. 09 min. 30 sec. W a distance of  493.36 feet to a point; thence S 31 deg. 10 min. 27 sec. E a distance of  652.53 feet to a point; thence S 62 deg. 03 min. 08 sec. E a distance of 1022.52 feet to a point; thence S 74 deg. 16 min. 48 sec. E a distance of  475.83 feet to a point; thence N 46 deg. 36 min. 12 sec. E a distance of 1467.26 feet to a point; thence S 67 deg. 25 min. 30 sec. E a distance of  983.43 feet to a point; thence N 84 deg. 13 min. 52 sec. E a distance of  971.93 feet to a point; thence N 73 deg. 14 min. 24 sec. E a distance of  985.89 feet to a point; thence N 73 deg. 38 min. 43 sec. E a distance of  964.53 feet to a point; thence N 73 deg. 40 min. 37 sec. E a distance of  995.04 feet to a point; thence N 53 deg. 29 min. 19 sec. E a distance of 1035.05 feet to a point; thence N 76 deg. 29 min. 10 sec. E a distance of 1011.99 feet to a point; thence N 77 deg. 17 min. 44 sec. E a distance of 1020.56 feet to a point; thence N 76 deg. 46 min. 41 sec. E a distance of  992.14 feet to a point; thence N 76 deg. 59 min. 59 sec. E a distance of  900.63 feet to a point; thence N 71 deg. 13 min. 18 sec. E a distance of 1046.57 feet to a point; thence N 70 deg. 18 min. 32 sec. E a distance of  894.54 feet to a point;

Thence N 70 deg. 26 min. 28 sec. E a distance of 1013.12 feet to a point; thence N 70 deg. 12 min. 04 sec. E a distance of 892.01 feet to a point; thence N 79 deg. 11 min. 12 sec. E a distance of  993.94 feet to a point; thence N 72 deg. 51 min. 32 sec. E a distance of  963.30 feet to a point; thence N 64 deg. 01 min. 07 sec. E a distance of 1096.44 feet to a point; thence N 62 deg. 31 min. 01 sec. E a distance of  966.56 feet to a point; thence N 62 deg. 16 min. 43 sec. E a distance of  200.00 feet to a point;

Thence N 35 deg. 42 min. 49 sec. E a distance of 279.51 feet to a point; thence N 58 deg. 02 min. 10 sec. E a distance of 504.49 feet to a point; thence N 73 deg. 47 min. 00 sec. E a distance of  984.55 feet to a point; thence N 66 deg. 48 min. 37 sec. E a distance of 1034.30 feet to a point; said point being N 88 deg. 15 min. 48 sec. E a distance of 612.20 feet from P.R.M. 49-80-C10.

Thence N 65 deg. 18 min. 10 sec. E a distance of 983.20 feet to a point; thence N 72 deg. 00 min. 36 sec. E a distance of 1001.05 feet to a point; thence N 62 deg. 26 min. 21 sec. E a distance of  964.74 feet to a point; thence N 62 deg. 29 min. 47 sec. E a distance of  950.90 feet to a point; thence N 62 deg. 53 min. 26 sec. E a distance of  987.94 feet to a point; thence N 60 deg. 25 min. 23 sec. E a distance of  933.35 feet to a point; thence N 47 deg. 10 min. 53 sec. E a distance of 1100.32 feet to a point; said point being N 30 deg. 43 min. 35 sec. W a distance of 498.01 feet From P.R.M. 49-80-C13.

Thence N 39 deg. 25 min. 27 sec. E a distance of 933.73 feet to a point; thence N 39 deg. 58 min. 46 sec. E a distance of 504.89 feet to a point; thence N 39 deg. 17 min. 28 sec. E a distance of 920.15 feet to a point; thence N 57 deg. 56 min. 00 sec. E a distance of 980.91 feet to a point; thence N 21 deg. 02 min. 31 sec. E a distance of 953.79 feet to a point; thence N 13 deg. 06 min. 53 sec. E a distance of 916.73 feet to a point; thence N 02 deg. 20 min. 26 sec. E a distance of 802.90 feet to a point; thence N 03 deg. 25 min. 49 sec. W a distance of 1006.80 feet to a point; said point being N 39 deg. 58 min. 00 sec. W a distance of 333.47 feet from P.R.M. 49-80-C16.

Thence N 10 deg. 19 min. 03 sec. W a distance of 751.30 feet to a point; thence N 27 deg. 31 min. 26 sec. W to the point of intersection with the mean high water line of the south bank of Saint George Sound, said point being the northeasterly terminus of the 2008 revised coastal construction control line for Dog Island.

METES AND BOUNDS DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE FOR ALLIGATOR POINT, FRANKLIN COUNTY, FLORIDA

No change.

Specific Authority 370.021(1) FS. Law Implemented 161.053 FS. History–New 4-30-84, Formerly 16B-26.14, 16B-26.014, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mimi Drew, Director, Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary, Department of Enviornmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 16, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 27, 2007