Fla. Admin. Code Ann. R. 62-330.412 - General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County
(1) A general permit is granted to the West
Coast Inland Navigation District ("WCIND") to dredge public navigation channels
and canals within the trafficsheds and secondary channel systems listed in
Table 1 "Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and
Trafficshed Report Identification Numbers, " effective 18 February 2010,
incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03177),
and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and
David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed
Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program,
Gainesville, Florida (30 October 2008), incorporated by reference herein
(http://www.flrules.org/Gateway/reference.asp?No=Ref-03148).
Copies of Table 1 and SGEF-173 may be obtained from the Department as described
in subsection 62-330.010(5),
F.A.C. Additional information on the background, methodology, and data used in
identifying the trafficsheds and secondary channel systems that are the subject
of this general permit is described in the following reports:
(a) Antonini, Gustavo A, and Paul Box, 1996,
A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83,
Florida Sea Grant College Program, Gainesville, Florida;
(b) Swett, Robert A., David A. Fann, Gustavo
A. Antonini and Lana Carlin Alexander, 2000, Regional Waterway Management
System for Lee County, Phase I, TD-3, Florida Sea Grant College Program,
Gainesville, Florida;
(c) Swett,
Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2001,
Regional Waterway Management System for Lee County, Phase 2, TD-4, Florida Sea
Grant College Program, Gainesville, Florida;
(d) Fann, D.A., R.A. Swett, and G.A.
Antonini, 2002. Regional Waterway Management System for Lee County, Phase 3.
TD-5, University of Florida, Gainesville, FL: 21 Florida Sea Grant.
Copies of these documents may be obtained by contacting environmental resource permit program staff in the Department's South District Office (Fort Myers) and from the Department's Internet site at http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm. This general permit is not required for maintenance dredging that qualifies for an exemption under Section 403.813(1)(f), F.S.
(2) This
general permit is further limited as follows:
(a) For purposes of this general permit, the
term "public navigation channels and canals" shall consist of the Intracoastal
Waterway and those trafficsheds and secondary channel systems identified on the
maps in SGEF-173, which have been determined by the WCIND Board to make a
significant contribution to public boating traffic.
(b) The area to be dredged shall not contain
any living communities of true stony coral (order Scleractinia), hydrocoral
(order Milleporina), octocoral (subclass Octocorallia), or soft coral
(Alcynoacea, Gorgonacea and Pennatulacea), sponge beds (Porifera), oyster bars
(Crassostrea spp.), or macroalgae of the family Caulerpaceae. This shall not
prevent dredging of incidental individual specimens of corals, sponges, or
oysters. To the extent individual or clumped oysters, corals, or sponges are to
be dredged, they shall be relocated to the maximum extent practicable in
accordance with paragraph (3)(c), of this general permit. In addition, the
dredging alignments shall be located so as to not adversely affect coral and
sponge communities and oyster bars as a result of sloughing of channel side
slopes. Seagrass within the proposed dredged area shall be relocated in
accordance with paragraph (3)(c), of this general permit.
(c) To the maximum extent practicable,
dredging alignments shall follow existing channels and previously dredged areas
and avoid and minimize impacts to seagrass communities (Potamogetonaceae,
Hydrocharitaceae and Cymodoceae sp.). Dredging alignments also shall be located
to minimize the potential for erosion to adjacent seagrass communities as a
result of sloughing of channel side slopes.
(d)
1. The
"No Internal Combustion Motor Zones" (NICMZs) shown and described in the
attached Exhibit A, effective February 18, 2010, incorporated by reference
herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03178),
which reflect the boundaries approved in Resolution 07-09-49 of the Lee County
Board of County Commissioners on September 25, 2007, are hereby established by
this general permit. A copy of Exhibit A may be obtained from the Department as
described in subsection
62-330.010(5),
F.A.C. Within these NICMZs, the use of electric motors is permitted, but
operators of all vessels equipped with internal combustion motors (e.g.:
gasoline or diesel motors) for propulsion must turn off the internal combustion
motor and, if possible to do so, tilt or raise the internal combustion motor
out of the water.
2. Prior to any
dredging authorized by this general permit within an Aquatic Preserve, WCIND
shall demonstrate that the NICMZ(s) within that aquatic preserve have been
established and marked in the field. Nothing in this rule shall be construed to
relieve WCIND from obtaining sign permits required by the Florida Fish and
Wildlife Conservation Commission (FWC). For this purpose, DEP authorizes WCIND
to apply to FWC for all required sign permits to mark the boundaries of the
NICMZs established by this general permit. WCIND shall be responsible for
installing and maintaining all permitted signs.
3. WCIND will design and implement a program
to monitor seagrasses within the NICMZs using various scientifically approved
methods after consultation with DEP and FWC staff. The monitoring shall be
designed to establish the baseline coverage of seagrasses by species, the
number and coverage of prop scarring, and document any change in coverage over
time. At a minimum, the first monitoring will occur within 90 days after the
boundaries of the NICMZs have been marked with signage as provided in the
preceding section of this general permit, and thereafter every two years for a
total of ten years. The monitoring plan shall include metrics that can be used
to quantitatively establish the relative success or failure of seagrass
restoration and protection following establishment of the
NICMZs.
(e) Dredging
alignments shall not exceed the maximum depths shown in Table 1. All dredging
alignments shall not exceed a maximum top width of 30 feet and a maximum bottom
width of 20 feet. Overdredging to achieve the final authorized depth and width
is not allowed. An as-built survey of the dredging alignment shall be submitted
to the Department as provided in paragraph (3)(h), below.
(f) No more than 8, 500 cubic yards of
dredged material shall be cumulatively removed through authorizations by this
general permit over a five-year period within each trafficshed or secondary
channel system, beginning with the first project authorized under this general
permit within the trafficshed or secondary channel system. Within 30 days
following the completion of the as-built survey required in paragraphs (2)(e),
above, and (3)(h), below, a report shall be submitted to the South District
office of the Department that includes the volume of material excavated from
each channel and canal within the trafficshed or secondary channel system, and
the cumulative total volume of material excavated for the trafficshed or
secondary channel system under this general permit within the previous five
years. This report shall be included with any subsequent notices to dredge
channels or canals within the same trafficshed or secondary channel
system.
(g) The dredging activity
is restricted to Class III Waters, or Class II Waters that are classified by
the Department of Agriculture and Consumer Services under Chapter 5L-1, F.A.C.,
as unclassified, prohibited, restricted, or conditionally approved for
shellfish harvesting.
(h) This
general permit shall not apply to dredging within the limits of areas subject
to currently valid individual permits under Part IV of Chapter 373,
F.S.
(3) All work under
this general permit shall be conducted in conformance with the general
conditions of Rule 62-330.405, F.A.C., and the
following specific conditions.
(a) Each
dredging event for a trafficshed or secondary channel system shall require a
separate notice to use this general permit. Multiple areas within a single
trafficshed or secondary channel system may be included in one notice. Each
notice shall be submitted with all of the following information.
1. Scaled plan and cross-sectional drawings
that clearly identify the length, width, and depth (referenced to mean lower
low water) of the area or areas to be dredged within each channel and canal;
locations of any hydraulic pipelines between the dredge areas and the dredged
material disposal sites; and identification of the channels, canals, and names
of the trafficsheds or secondary channel system that are to be dredged from
Table 1.
2. Identification of the
source document described in subsection (1), and reference data that
specifically describe the work proposed for dredging within the trafficshed or
secondary channel system. All document titles, page numbers, figures, and other
relevant information to the trafficshed or secondary channel system must be
identified.
3. The location,
dimensions, and estimated volumes of dredged material disposal sites, including
the location of any water quality or habitat restoration as described in
paragraph (3)(d), of this general permit and any relocation areas required
under paragraph (2)(b), above. If dredged material fill will be transported
over water by barge, the notice will include assurance that the barge will be
designed and sized to prevent discharge of dredged material runoff, prop or
hull dredging, and discharge during the loading and unloading of material. If
stockpile areas are to be used for temporary disposal and transport, the type
and volume capacity of such stockpile areas, including controls that will be
used to prevent dredge material runoff also must be described. The notice must
provide assurance any temporary stockpile areas will have no impacts to
jurisdictional wetlands or surface waters.
4. The estimated volume of each proposed
dredging area.
5. Identification of
any special water classifications for the areas to be dredged, such as the
water class (Rule 62-302.400, F.A.C.); shellfish
classification under Chapter 5L-1, F.A.C.; aquatic preserve, state park, or
state recreation area designation under Chapter 258, F.S.; and Outstanding
Florida Water or Outstanding National Resource Water designation under Rule
62-302.700, F.A.C.
6. A resource inventory of the dredging
alignments which has been prepared or updated between May through September
within one year prior to the proposed dredging. The resource inventory must be
conducted by an individual experienced and knowledgeable in benthic communities
and seagrass identification. The resource inventory must identify the presence
and location of seagrasses, oysters, coral communities, sponge beds, and
macroalgae of the family Caulerpaceae. This resource inventory must also
include all areas within any requested mixing zones associated with the
dredging project (including outfall pipes from the dredge material disposal
area), and all areas that will be occupied by dredging equipment (including
cables, pipelines, dredges, barges, and stockpiling/disposal of dredged
material). The resource inventory assessment within channels will be conducted
as follows, although the WCIND may use equivalent assessment methods upon
receiving prior written approval from the Department:
a. The assessment will be conducted along a
minimum of two transects within the dredging alignment. The transects will be
along a line parallel with and 5 feet within the sides of the dredging
alignment,
b. The resource
inventory assessment within any requested mixing zones shall be conducted along
grid transects every 10 feet throughout the length and width of the requested
mixing zone; and,
c. The resource
inventory shall be qualitative in nature but shall include identification and
location of corals, sponges, and oysters to be relocated pursuant to paragraph
(2)(b), of this general permit, and include general identification and location
of the extent of seagrass areas and a qualitative description of their relative
extent of coverage, and density. The resource inventory shall be completed and
submitted a minimum of 30 days prior to the pre-application meeting required by
paragraph (3)(b), of this general permit.
7. Identification of the extent and location
of all previous dredging within the past five years authorized under this
general permit within the trafficshed or secondary channel system; the date of
all such dredging events; the estimated cubic yards excavated from each
distinct portion of the trafficshed or secondary channel system under this
general permit; and the permit numbers assigned to such prior use of this
general permit for the trafficshed or secondary channel system.
8. The estimated date the dredging activities
are planned to begin and the estimated length of time it will take to complete
the project. If the project will be accomplished in phases, the estimated
starting and ending date of each phase must also be submitted.
9. A plan for monitoring water quality
minimally consisting of monitoring at the dredge site, at the location of any
waters receiving outfall from dredged material disposal sites, and at
background and down-gradient locations in the water body where dredging is
occurring and surrounding the dredged material disposal sites. The monitoring
shall be designed primarily to measure in-situ turbidity, but is subject to
modification based on the pre-application meeting discussion with the
Department to ensure the plan is capable of detecting any potential water
quality violations from the project or activities. If the dredge area is in
close proximity to a facility or location likely to cause a discharge of toxic
materials, the water quality monitoring as well as best management practices
proposed shall be designed to retain deleterious substances during dredging.
Results of the monitoring and a copy of the logs shall be submitted in
accordance with paragraph (3)(f), of this general permit.
10. A description of the resources to be
relocated pursuant to paragraphs (2)(b) and (3)(c), of this general permit, the
methods to be used for their relocation, and the locations to which they will
be relocated.
(b) A
minimum of 30 days prior to submittal of a notice to use this general permit,
the WCIND and Lee County shall conduct at least one pre-application meeting
with the Department's South District Environmental Resources Permitting staff
to discuss project designs, implementation details, and any resource concerns,
including approval of any resource relocation in accordance with paragraph
(2)(b), of this general permit or water quality or habitat restoration sites in
accordance with paragraph (3)(d), of this general permit. For a proposed
project within an aquatic preserve, this meeting shall include the appropriate
aquatic preserve manager or their designee. In the event the pre-application
meeting adequately addresses all Department questions or concerns, the
Department will inform the WCIND that the notice may be submitted immediately
for review.
(c) To the extent
seagrass, corals, sponges or clumped oysters are within the dredging footprint,
they shall be relocated to the maximum extent practicable. Seagrass, oysters,
corals, and sponges must be relocated only into areas previously approved in
writing by the Department. Relocation shall be done in a manner that avoids
adverse impacts to water quality and adjacent submerged resources. If
seagrasses are relocated, the donor site within the dredge area and the
location of the seagrass transplant shall be described in the application and
in the pre-application meeting required under paragraph (3)(b), of this general
permit. Any relocation performed under this paragraph shall be described in a
detailed report to the Department's South District office within 60 days of
project completion. The report shall describe the methods used, the donor site
within the dredge area, and the recipient location of the transplant. The WCIND
shall provide copies to the Department's South District office of any follow up
monitoring or studies performed on the success of the transplants.
(d) All dredged material resulting from the
activities authorized by this general permit shall be removed and deposited on
a self-contained, upland dredged material disposal site. The only exceptions to
the use of a self-contained, upland dredged material disposal site shall be:
seagrass, oyster, coral, or sponge relocations as required by this general
permit; or where dredged materials are to be used as part of a water quality or
habitat restoration plan authorized by the Department or a water management
district under Part IV of Chapter 373, F.S., in which case any discharge of
dredged material shall be in compliance with all terms of that authorization.
In all cases, the dredging operation, the discharge of dredged material, and
the dredged material disposal site shall be designed, located, and operated
such that there are no water quality violations in wetlands or other surface
waters outside of a mixing zone established under paragraph (3)(e), of this
general permit.
(e) In areas
outside of aquatic preserves, violations of state water quality standards shall
be prevented immediately outside of a mixing zone of no more than 150 meters in
radius from the dredge site and from any discharge point associated with a
dredge material disposal area. To the greatest extent practicable, the mixing
zone shall be restricted to the limits of the dredging alignment. Within
aquatic preserves, violations of water quality standards immediately outside
the area of active work shall be prevented. This shall minimally consist of the
use of erosion and sediment control devices, turbidity curtains or similar
devices, and other best management practices, all of which shall be located
immediately surrounding the area of active work and maintained in a functional
condition. In addition, dredge pumping rates and volumes shall be managed to
minimize discharges from dredged material disposal sites; and the management of
dredged material disposal site dikes, berms, and water control structures so as
to minimize erosion, breaches, and discharges. In all cases, mixing zones shall
be designed to avoid living communities of stony corals [true stony corals
(order Scleractinia) hydrocorals (order Milleporina)], and octocorals (subclass
Octocorallia), sponge bed communities (Porifera), oyster bars (Crassostrea
spp.), macroalgae of the family Caulerpaceae, and seagrass (Potamogetaceae,
Hydrocharitaceae and Cymodoceae).
(f) At all times during active dredging, the
collection, analysis, and monitoring of the water quality samples required
under this general permit must be conducted and performed by individuals who
have prior training and experience in collecting and analyzing water quality
samples using the Standard Operating Procedures accessible at the Department's
Internet site and in accordance with Chapter 62-160, F.A.C. Such qualified
individual(s) shall be on site at all times necessary to ensure full compliance
with the requirements of this general permit. In the event the water quality
monitoring required under this general permit detects violations of state water
quality standards, dredging shall cease immediately until the source of the
violation is identified, measures taken to avoid future violations, and the
receiving waters again meet applicable water quality standards. Weekly reports
describing the hours of dredging accomplished and the results of the required
monitoring will be provided to the South District office of the Department. Any
violations of water quality standards and/or other requirements of this general
permit shall be immediately reported to the South District office of the
Department.
(g) The permittee shall
be responsible for ensuring that all contractors and other entities
implementing this general permit comply with the following standard manatee and
marine turtle conditions.
1. The permittee
shall instruct all personnel associated with the project of the potential
presence of manatees and the need to avoid collisions with manatees. All
construction personnel shall be responsible for observing water-related
activities for the presence of manatees.
2. 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 of 1972, the Endangered Species Act of 1973, and the Florida
Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee
being harmed, harassed, or killed as a result of construction activities, the
Department will refer the matter to the Florida Fish and Wildlife Conservation
Commission (FWC) for appropriate action.
3. Siltation barriers associated with any
project or activity authorized by this general permit shall not block manatee
entry to or exit from manatee feeding areas and the following manatee warm
water refuge areas:
a. Entrance of the
Chiquita Canal (which provides access to the Eight Lakes area) within the Cape
Coral Southwest Trafficshed.
b.
Defined manatee protection speed zone within the Franklin Locks East
Trafficshed and all waters of the Caloosahatchee River within 1/4 mile east of
the easternmost end of the Franklin Lock & Dam.
c. Matlacha channel (which provides access to
the Matlacha Isles canal system) including the Matlacha Isles canal system in
the vicinity of the Boat Lift within the Matlacha Isles/Cape Coral (northwest)
Trafficshed.
d. Mouth and remainder
of the Orange River within the Orange River Trafficshed.
e. All waters within the Mullock Creek
Trafficshed.
4. Temporary
signs concerning manatees shall be posted prior to and during dredging
activities. All signs are to be removed by the permittee upon completion of the
project. Temporary signs that have already been approved for this use by the
FWC must be used. One sign that reads "Caution: Boaters" must be posted. A
second sign measuring at least 8 1/2 inches by 11 inches explaining the
requirements for "Idle Speed/No Wake" and the shut-down of in-water operations
must be posted in a location prominently visible to all personnel engaged in
water-related activities. These signs can be viewed at
www.MyFWC.com/manatee. Questions
concerning these signs can be sent to ImperiledSpecies@myfwc.com.
5. Specific personnel shall be designated as
manatee observers. The designated observer(s) shall be dedicated only for this
task, must be on site during all in-water dredging activities, and will advise
personnel to cease operation upon sighting a manatee within 50 feet of any
in-water construction activity. The observer(s) shall wear polarized sunglasses
during all dredging to aid in observation, and shall work in shifts of no
longer than 5 hours each. Observers shall maintain a log detailing manatee
sightings, work stoppages, and other protected species-related incidents. If
approved by the Department after consultation with the FWC, the WCIND shall be
allowed to implement alternative measures for observing for the presence of
manatees when such measures provide reasonable assurance that manatees will not
be adversely affected by the alternative methodology.
6. A report, summarizing all activities noted
in the observer logs, the location and name of project, and the dates and times
of work shall be submitted within 30 days following project completion, to the
FWC's Imperiled Species Management Section at: 620 South Meridian Street, MS
#6A, Tallahassee, Florida 32399-1600, or emailed at
fcmpmail@myfwc.com.
7. No nighttime
mechanical dredging, such as clamshell, shall occur. Movement of a work barge
or other associated vessels shall not be performed after sunset, when the
possibility of spotting manatees is negligible.
8. All channels designated as Cape Coral
Southwest, Franklin Locks East, Matlacha Isles/Cape Coral (northwest), Mullock
Creek, and Orange River shall be prohibited from being dredged between November
15th and March 31st of any year due to the high numbers of manatees present at
these warm water refuges in the wintertime. When these areas are being dredged
between April 1st and November 14th, the manatee protection measures outlined
above for all other channel dredging shall be followed.
(h) An as-built survey shall be initiated
within two weeks and shall be completed within 60 days after completion of
dredging to document depths and widths established by the dredging. The
Department shall grant additional time as reasonable to complete the survey
upon submittal of written documentation of the existence of inclement weather
or situations beyond the control of the permittee that prevented the timely
completion of the survey, the submittal of a new timeline for completing the
survey.
(i) Within 90 days of
completion of each authorized dredge event under this general permit, the
affected trafficshed or secondary channel system shall be marked along its
entire length with aids to navigation. Markers shall be placed in a manner to
facilitate safe navigation and protection of submerged natural resources. In
channels dredged to less than 4 foot MLLW depth, signage that identifies areas
of shallow water shall be installed, using language such as "Controlling Depth
3 feet, Local Knowledge Required, " "Use Caution, " or "Stay in Channel."
Nothing in this rule shall be construed to relieve the WCIND from obtaining
permits for markers and signs required by the FWC.
(j) WCIND shall provide an as-built report
and survey detailing all work performed under this authorization and its
compliance with the conditions and criteria of this general permit.
(k) All reports and information required by
this authorization shall be submitted to the South District DEP
office.
(l) WCIND will facilitate
an update of the Lee County Boaters Guide to reflect the
NICMZs established by this general permit. The update will also include
computer internet links to additional boater information that will enhance
water quality and protection of resources within the aquatic preserves that are
the subject of this general permit. WCIND will facilitate the distribution of
the updated Boaters Guide to local marinas, commercial boat rental operations,
and local residents.
(m) Works
under this general permit shall not commence until the Department has provided
written confirmation within 30 days that the notice required under paragraph
(3)(a), meets all the applicable terms and conditions of this general
permit.
(4) Consent is
granted for the West Coast Inland Navigation District to enter upon and use
state-owned submerged lands to the extent necessary to complete the permitted
activities, to Lee County and the West Coast Inland Navigation District to
establish, mark, and enforce the NICMZs depicted in Exhibit A.
(5) Dredged material removed from state-owned
submerged lands under this general permit is exempt from the payment of severed
dredged material fees in accordance with Section
253.77, F.S. However, dredged
material with economic value, such as beach quality sand, shall be used for
public purposes to the maximum extent practicable.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(3), 403.814(1) FS.
New 2-18-10, Formerly 62-341.494, 62-330.441, Amended 10-1-13.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) A general permit is granted to the West Coast Inland Navigation District ("WCIND") to dredge public navigation channels and canals within the trafficsheds and secondary channel systems listed in Table 1 "Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and Trafficshed Report Identification Numbers, " effective 18 February 2010, incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03177), and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program, Gainesville, Florida (30 October 2008), incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03148). Copies of Table 1 and SGEF-173 may be obtained from the Department as described in subsection 62-330.010(5), F.A.C. Additional information on the background, methodology, and data used in identifying the trafficsheds and secondary channel systems that are the subject of this general permit is described in the following reports:
(a) Antonini, Gustavo A, and Paul Box, 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida;
(b) Swett, Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2000, Regional Waterway Management System for Lee County, Phase I, TD-3, Florida Sea Grant College Program, Gainesville, Florida;
(c) Swett, Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2001, Regional Waterway Management System for Lee County, Phase 2, TD-4, Florida Sea Grant College Program, Gainesville, Florida;
(d) Fann, D.A., R.A. Swett, and G.A. Antonini, 2002. Regional Waterway Management System for Lee County, Phase 3. TD-5, University of Florida, Gainesville, FL: 21 Florida Sea Grant.
Copies of these documents may be obtained by contacting environmental resource permit program staff in the Department's South District Office (Fort Myers) and from the Department's Internet site at http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm. This general permit is not required for maintenance dredging that qualifies for an exemption under Section 403.813(1)(f), F.S.
(2) This general permit is further limited as follows:
(a) For purposes of this general permit, the term "public navigation channels and canals" shall consist of the Intracoastal Waterway and those trafficsheds and secondary channel systems identified on the maps in SGEF-173, which have been determined by the WCIND Board to make a significant contribution to public boating traffic.
(b) The area to be dredged shall not contain any living communities of true stony coral (order Scleractinia), hydrocoral (order Milleporina), octocoral (subclass Octocorallia), or soft coral (Alcynoacea, Gorgonacea and Pennatulacea), sponge beds (Porifera), oyster bars (Crassostrea spp.), or macroalgae of the family Caulerpaceae. This shall not prevent dredging of incidental individual specimens of corals, sponges, or oysters. To the extent individual or clumped oysters, corals, or sponges are to be dredged, they shall be relocated to the maximum extent practicable in accordance with paragraph (3)(c), of this general permit. In addition, the dredging alignments shall be located so as to not adversely affect coral and sponge communities and oyster bars as a result of sloughing of channel side slopes. Seagrass within the proposed dredged area shall be relocated in accordance with paragraph (3)(c), of this general permit.
(c) To the maximum extent practicable, dredging alignments shall follow existing channels and previously dredged areas and avoid and minimize impacts to seagrass communities (Potamogetonaceae, Hydrocharitaceae and Cymodoceae sp.). Dredging alignments also shall be located to minimize the potential for erosion to adjacent seagrass communities as a result of sloughing of channel side slopes.
(d)
1. The "No Internal Combustion Motor Zones" (NICMZs) shown and described in the attached Exhibit A, effective February 18, 2010, incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03178), which reflect the boundaries approved in Resolution 07-09-49 of the Lee County Board of County Commissioners on September 25, 2007, are hereby established by this general permit. A copy of Exhibit A may be obtained from the Department as described in subsection 62-330.010(5), F.A.C. Within these NICMZs, the use of electric motors is permitted, but operators of all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water.
2. Prior to any dredging authorized by this general permit within an Aquatic Preserve, WCIND shall demonstrate that the NICMZ(s) within that aquatic preserve have been established and marked in the field. Nothing in this rule shall be construed to relieve WCIND from obtaining sign permits required by the Florida Fish and Wildlife Conservation Commission (FWC). For this purpose, DEP authorizes WCIND to apply to FWC for all required sign permits to mark the boundaries of the NICMZs established by this general permit. WCIND shall be responsible for installing and maintaining all permitted signs.
3. WCIND will design and implement a program to monitor seagrasses within the NICMZs using various scientifically approved methods after consultation with DEP and FWC staff. The monitoring shall be designed to establish the baseline coverage of seagrasses by species, the number and coverage of prop scarring, and document any change in coverage over time. At a minimum, the first monitoring will occur within 90 days after the boundaries of the NICMZs have been marked with signage as provided in the preceding section of this general permit, and thereafter every two years for a total of ten years. The monitoring plan shall include metrics that can be used to quantitatively establish the relative success or failure of seagrass restoration and protection following establishment of the NICMZs.
(e) Dredging alignments shall not exceed the maximum depths shown in Table 1. All dredging alignments shall not exceed a maximum top width of 30 feet and a maximum bottom width of 20 feet. Overdredging to achieve the final authorized depth and width is not allowed. An as-built survey of the dredging alignment shall be submitted to the Department as provided in paragraph (3)(h), below.
(f) No more than 8, 500 cubic yards of dredged material shall be cumulatively removed through authorizations by this general permit over a five-year period within each trafficshed or secondary channel system, beginning with the first project authorized under this general permit within the trafficshed or secondary channel system. Within 30 days following the completion of the as-built survey required in paragraphs (2)(e), above, and (3)(h), below, a report shall be submitted to the South District office of the Department that includes the volume of material excavated from each channel and canal within the trafficshed or secondary channel system, and the cumulative total volume of material excavated for the trafficshed or secondary channel system under this general permit within the previous five years. This report shall be included with any subsequent notices to dredge channels or canals within the same trafficshed or secondary channel system.
(g) The dredging activity is restricted to Class III Waters, or Class II Waters that are classified by the Department of Agriculture and Consumer Services under Chapter 5L-1, F.A.C., as unclassified, prohibited, restricted, or conditionally approved for shellfish harvesting.
(h) This general permit shall not apply to dredging within the limits of areas subject to currently valid individual permits under Part IV of Chapter 373, F.S.
(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-330.405, F.A.C., and the following specific conditions.
(a) Each dredging event for a trafficshed or secondary channel system shall require a separate notice to use this general permit. Multiple areas within a single trafficshed or secondary channel system may be included in one notice. Each notice shall be submitted with all of the following information.
1. Scaled plan and cross-sectional drawings that clearly identify the length, width, and depth (referenced to mean lower low water) of the area or areas to be dredged within each channel and canal; locations of any hydraulic pipelines between the dredge areas and the dredged material disposal sites; and identification of the channels, canals, and names of the trafficsheds or secondary channel system that are to be dredged from Table 1.
2. Identification of the source document described in subsection (1), and reference data that specifically describe the work proposed for dredging within the trafficshed or secondary channel system. All document titles, page numbers, figures, and other relevant information to the trafficshed or secondary channel system must be identified.
3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any water quality or habitat restoration as described in paragraph (3)(d), of this general permit and any relocation areas required under paragraph (2)(b), above. If dredged material fill will be transported over water by barge, the notice will include assurance that the barge will be designed and sized to prevent discharge of dredged material runoff, prop or hull dredging, and discharge during the loading and unloading of material. If stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such stockpile areas, including controls that will be used to prevent dredge material runoff also must be described. The notice must provide assurance any temporary stockpile areas will have no impacts to jurisdictional wetlands or surface waters.
4. The estimated volume of each proposed dredging area.
5. Identification of any special water classifications for the areas to be dredged, such as the water class (Rule 62-302.400, F.A.C.); shellfish classification under Chapter 5L-1, F.A.C.; aquatic preserve, state park, or state recreation area designation under Chapter 258, F.S.; and Outstanding Florida Water or Outstanding National Resource Water designation under Rule 62-302.700, F.A.C.
6. A resource inventory of the dredging alignments which has been prepared or updated between May through September within one year prior to the proposed dredging. The resource inventory must be conducted by an individual experienced and knowledgeable in benthic communities and seagrass identification. The resource inventory must identify the presence and location of seagrasses, oysters, coral communities, sponge beds, and macroalgae of the family Caulerpaceae. This resource inventory must also include all areas within any requested mixing zones associated with the dredging project (including outfall pipes from the dredge material disposal area), and all areas that will be occupied by dredging equipment (including cables, pipelines, dredges, barges, and stockpiling/disposal of dredged material). The resource inventory assessment within channels will be conducted as follows, although the WCIND may use equivalent assessment methods upon receiving prior written approval from the Department:
a. The assessment will be conducted along a minimum of two transects within the dredging alignment. The transects will be along a line parallel with and 5 feet within the sides of the dredging alignment,
b. The resource inventory assessment within any requested mixing zones shall be conducted along grid transects every 10 feet throughout the length and width of the requested mixing zone; and,
c. The resource inventory shall be qualitative in nature but shall include identification and location of corals, sponges, and oysters to be relocated pursuant to paragraph (2)(b), of this general permit, and include general identification and location of the extent of seagrass areas and a qualitative description of their relative extent of coverage, and density. The resource inventory shall be completed and submitted a minimum of 30 days prior to the pre-application meeting required by paragraph (3)(b), of this general permit.
7. Identification of the extent and location of all previous dredging within the past five years authorized under this general permit within the trafficshed or secondary channel system; the date of all such dredging events; the estimated cubic yards excavated from each distinct portion of the trafficshed or secondary channel system under this general permit; and the permit numbers assigned to such prior use of this general permit for the trafficshed or secondary channel system.
8. The estimated date the dredging activities are planned to begin and the estimated length of time it will take to complete the project. If the project will be accomplished in phases, the estimated starting and ending date of each phase must also be submitted.
9. A plan for monitoring water quality minimally consisting of monitoring at the dredge site, at the location of any waters receiving outfall from dredged material disposal sites, and at background and down-gradient locations in the water body where dredging is occurring and surrounding the dredged material disposal sites. The monitoring shall be designed primarily to measure in-situ turbidity, but is subject to modification based on the pre-application meeting discussion with the Department to ensure the plan is capable of detecting any potential water quality violations from the project or activities. If the dredge area is in close proximity to a facility or location likely to cause a discharge of toxic materials, the water quality monitoring as well as best management practices proposed shall be designed to retain deleterious substances during dredging. Results of the monitoring and a copy of the logs shall be submitted in accordance with paragraph (3)(f), of this general permit.
10. A description of the resources to be relocated pursuant to paragraphs (2)(b) and (3)(c), of this general permit, the methods to be used for their relocation, and the locations to which they will be relocated.
(b) A minimum of 30 days prior to submittal of a notice to use this general permit, the WCIND and Lee County shall conduct at least one pre-application meeting with the Department's South District Environmental Resources Permitting staff to discuss project designs, implementation details, and any resource concerns, including approval of any resource relocation in accordance with paragraph (2)(b), of this general permit or water quality or habitat restoration sites in accordance with paragraph (3)(d), of this general permit. For a proposed project within an aquatic preserve, this meeting shall include the appropriate aquatic preserve manager or their designee. In the event the pre-application meeting adequately addresses all Department questions or concerns, the Department will inform the WCIND that the notice may be submitted immediately for review.
(c) To the extent seagrass, corals, sponges or clumped oysters are within the dredging footprint, they shall be relocated to the maximum extent practicable. Seagrass, oysters, corals, and sponges must be relocated only into areas previously approved in writing by the Department. Relocation shall be done in a manner that avoids adverse impacts to water quality and adjacent submerged resources. If seagrasses are relocated, the donor site within the dredge area and the location of the seagrass transplant shall be described in the application and in the pre-application meeting required under paragraph (3)(b), of this general permit. Any relocation performed under this paragraph shall be described in a detailed report to the Department's South District office within 60 days of project completion. The report shall describe the methods used, the donor site within the dredge area, and the recipient location of the transplant. The WCIND shall provide copies to the Department's South District office of any follow up monitoring or studies performed on the success of the transplants.
(d) All dredged material resulting from the activities authorized by this general permit shall be removed and deposited on a self-contained, upland dredged material disposal site. The only exceptions to the use of a self-contained, upland dredged material disposal site shall be: seagrass, oyster, coral, or sponge relocations as required by this general permit; or where dredged materials are to be used as part of a water quality or habitat restoration plan authorized by the Department or a water management district under Part IV of Chapter 373, F.S., in which case any discharge of dredged material shall be in compliance with all terms of that authorization. In all cases, the dredging operation, the discharge of dredged material, and the dredged material disposal site shall be designed, located, and operated such that there are no water quality violations in wetlands or other surface waters outside of a mixing zone established under paragraph (3)(e), of this general permit.
(e) In areas outside of aquatic preserves, violations of state water quality standards shall be prevented immediately outside of a mixing zone of no more than 150 meters in radius from the dredge site and from any discharge point associated with a dredge material disposal area. To the greatest extent practicable, the mixing zone shall be restricted to the limits of the dredging alignment. Within aquatic preserves, violations of water quality standards immediately outside the area of active work shall be prevented. This shall minimally consist of the use of erosion and sediment control devices, turbidity curtains or similar devices, and other best management practices, all of which shall be located immediately surrounding the area of active work and maintained in a functional condition. In addition, dredge pumping rates and volumes shall be managed to minimize discharges from dredged material disposal sites; and the management of dredged material disposal site dikes, berms, and water control structures so as to minimize erosion, breaches, and discharges. In all cases, mixing zones shall be designed to avoid living communities of stony corals [true stony corals (order Scleractinia) hydrocorals (order Milleporina)], and octocorals (subclass Octocorallia), sponge bed communities (Porifera), oyster bars (Crassostrea spp.), macroalgae of the family Caulerpaceae, and seagrass (Potamogetaceae, Hydrocharitaceae and Cymodoceae).
(f) At all times during active dredging, the collection, analysis, and monitoring of the water quality samples required under this general permit must be conducted and performed by individuals who have prior training and experience in collecting and analyzing water quality samples using the Standard Operating Procedures accessible at the Department's Internet site and in accordance with Chapter 62-160, F.A.C. Such qualified individual(s) shall be on site at all times necessary to ensure full compliance with the requirements of this general permit. In the event the water quality monitoring required under this general permit detects violations of state water quality standards, dredging shall cease immediately until the source of the violation is identified, measures taken to avoid future violations, and the receiving waters again meet applicable water quality standards. Weekly reports describing the hours of dredging accomplished and the results of the required monitoring will be provided to the South District office of the Department. Any violations of water quality standards and/or other requirements of this general permit shall be immediately reported to the South District office of the Department.
(g) The permittee shall be responsible for ensuring that all contractors and other entities implementing this general permit comply with the following standard manatee and marine turtle conditions.
1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel shall be responsible for observing water-related activities for the presence of manatees.
2. 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 of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee being harmed, harassed, or killed as a result of construction activities, the Department will refer the matter to the Florida Fish and Wildlife Conservation Commission (FWC) for appropriate action.
3. Siltation barriers associated with any project or activity authorized by this general permit shall not block manatee entry to or exit from manatee feeding areas and the following manatee warm water refuge areas:
a. Entrance of the Chiquita Canal (which provides access to the Eight Lakes area) within the Cape Coral Southwest Trafficshed.
b. Defined manatee protection speed zone within the Franklin Locks East Trafficshed and all waters of the Caloosahatchee River within 1/4 mile east of the easternmost end of the Franklin Lock & Dam.
c. Matlacha channel (which provides access to the Matlacha Isles canal system) including the Matlacha Isles canal system in the vicinity of the Boat Lift within the Matlacha Isles/Cape Coral (northwest) Trafficshed.
d. Mouth and remainder of the Orange River within the Orange River Trafficshed.
e. All waters within the Mullock Creek Trafficshed.
4. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign that reads "Caution: Boaters" must be posted. A second sign measuring at least 8 1/2 inches by 11 inches explaining the requirements for "Idle Speed/No Wake" and the shut-down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at www.MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myfwc.com.
5. Specific personnel shall be designated as manatee observers. The designated observer(s) shall be dedicated only for this task, must be on site during all in-water dredging activities, and will advise personnel to cease operation upon sighting a manatee within 50 feet of any in-water construction activity. The observer(s) shall wear polarized sunglasses during all dredging to aid in observation, and shall work in shifts of no longer than 5 hours each. Observers shall maintain a log detailing manatee sightings, work stoppages, and other protected species-related incidents. If approved by the Department after consultation with the FWC, the WCIND shall be allowed to implement alternative measures for observing for the presence of manatees when such measures provide reasonable assurance that manatees will not be adversely affected by the alternative methodology.
6. A report, summarizing all activities noted in the observer logs, the location and name of project, and the dates and times of work shall be submitted within 30 days following project completion, to the FWC's Imperiled Species Management Section at: 620 South Meridian Street, MS #6A, Tallahassee, Florida 32399-1600, or emailed at fcmpmail@myfwc.com.
7. No nighttime mechanical dredging, such as clamshell, shall occur. Movement of a work barge or other associated vessels shall not be performed after sunset, when the possibility of spotting manatees is negligible.
8. All channels designated as Cape Coral Southwest, Franklin Locks East, Matlacha Isles/Cape Coral (northwest), Mullock Creek, and Orange River shall be prohibited from being dredged between November 15th and March 31st of any year due to the high numbers of manatees present at these warm water refuges in the wintertime. When these areas are being dredged between April 1st and November 14th, the manatee protection measures outlined above for all other channel dredging shall be followed.
(h) An as-built survey shall be initiated within two weeks and shall be completed within 60 days after completion of dredging to document depths and widths established by the dredging. The Department shall grant additional time as reasonable to complete the survey upon submittal of written documentation of the existence of inclement weather or situations beyond the control of the permittee that prevented the timely completion of the survey, the submittal of a new timeline for completing the survey.
(i) Within 90 days of completion of each authorized dredge event under this general permit, the affected trafficshed or secondary channel system shall be marked along its entire length with aids to navigation. Markers shall be placed in a manner to facilitate safe navigation and protection of submerged natural resources. In channels dredged to less than 4 foot MLLW depth, signage that identifies areas of shallow water shall be installed, using language such as "Controlling Depth 3 feet, Local Knowledge Required, " "Use Caution, " or "Stay in Channel." Nothing in this rule shall be construed to relieve the WCIND from obtaining permits for markers and signs required by the FWC.
(j) WCIND shall provide an as-built report and survey detailing all work performed under this authorization and its compliance with the conditions and criteria of this general permit.
(k) All reports and information required by this authorization shall be submitted to the South District DEP office.
(l) WCIND will facilitate an update of the Lee County Boaters Guide to reflect the NICMZs established by this general permit. The update will also include computer internet links to additional boater information that will enhance water quality and protection of resources within the aquatic preserves that are the subject of this general permit. WCIND will facilitate the distribution of the updated Boaters Guide to local marinas, commercial boat rental operations, and local residents.
(m) Works under this general permit shall not commence until the Department has provided written confirmation within 30 days that the notice required under paragraph (3)(a), meets all the applicable terms and conditions of this general permit.
(4) Consent is granted for the West Coast Inland Navigation District to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities, to Lee County and the West Coast Inland Navigation District to establish, mark, and enforce the NICMZs depicted in Exhibit A.
(5) Dredged material removed from state-owned submerged lands under this general permit is exempt from the payment of severed dredged material fees in accordance with Section 253.77, F.S. However, dredged material with economic value, such as beach quality sand, shall be used for public purposes to the maximum extent practicable.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(3), 403.814(1) FS.
New 2-18-10, Formerly 62-341.494, 62-330.441, Amended 10-1-13.