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. 35 No. 25, June 26, 2009 issue of the Florida Administrative Weekly.

62-341.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities.

(1) through (2) No change.

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

(a) through (b) No change.

1. No change.

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

3. The owner of the boat ramp shall be responsible for ensuring that all construction of the boat ramp complies with the following:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at “Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission Hotline at 1(888)404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1(904)731-3336) for north Florida or Vero Beach (1(772)562-3909) for south Florida.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities: one a “Caution: Boaters” sign and another a “Caution: Shutdown” sign each following the format, size, and placement requirements shown on the Florida Fish and Wildlife Conservation Commission website: http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf.

(d) No change.

(4) ~~The following criteria only apply to governmental entities.~~ Any new construction of 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.

(5) 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) through (g) No change.

(h) The duration of the general permit for the activities authorized in this subsection is five (5) years for construction or alteration, and permanent for operation and maintenance of the surface water management system.

(6)~~(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 fully executed 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~~. Commercial entities shall execute and record the Agreement to Maintain Public Access [effective date], incorporated herein as Form 62-341.417(1) ensuring the facility will remain open to the general public for the life of the facility. Governmental entities shall execute and record the Agreement to Maintain Public Access and Operate Stormwater System [effective date], incorporated herein as Form 62-341.417(2) ensuring the facility will remain open to the general public for the life of the facility and to ensure that the stormwater management system associated with the boat ramp will be operated and maintained for the life of the system.

(7)~~(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) FS. Law Implemented 373.118(1), 373.118(5), 373.406(5), 373.413, 373.414(1), 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended________.

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 (850)245-8486, or e-mail: Mary.VanTassel@dep.state.fl.us. 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. 05-1659)