Fla. Admin. Code Ann. R. 62-330.410 - General Permit for Dredging by the West Coast Inland Navigation District in Sarasota and Manatee Counties

(1) A general permit is granted to the West Coast Inland Navigation District ("WCIND") to dredge public navigation channels and canals within the trafficsheds listed in Table 1 "Trafficsheds, Dredge Depth Limits, and Trafficshed Report Identification Numbers for Use in General Permit 62-330.410" effective [October 1, 2013] (http://www.flrules.org/Gateway/reference.asp?No=Ref-03207), and Figure 1, "Trafficshed Locations" effective August 4, 2002 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03208), and as described in the reports identified in paragraphs (1)(a) through (d), below. Table 1, Figure 1, and the reports are incorporated by reference herein; a copy of each may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.:

(a) Antonini, Gustavo A., and Paul Box, September 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03143);

(b) Swett, Robert A., Gustavo A. Antonini and Sharon Schulte, July 1999, Regional Waterway Management System for North Manatee County, TD-2, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03125);

(c) Antonini, Gustavo A., David Fann, and Robert A. Swett, November 7, 2000, Miguel Bay, Florida: Inventory of Boats, Depths and Signs; and a Waterway Restriction Analysis, TP-2A, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03147);

(d) Antonini, Gustavo A., Robert Swett, Sharon Schulte and David Fann, July 1998, Regional Waterway Management System for South Sarasota County, TD-1, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03146).

(2) This general permit is further limited as follows:

(a) The area to be dredged shall not contain any live seagrass beds, oyster beds or bars, coral communities, or attached macro-marine algae communities. However, this shall not prevent dredging of incidental individual specimens or scattered (less than one percent coverage within the area to be dredged) occurrences of seagrasses, oysters, or attached macro-algae. To the extent individual or clumped oysters are to be dredged, they shall be relocated to the maximum extent practicable to locations previously approved by the Department.

(b) Channel alignments shall follow existing channels and previously dredged areas to the maximum extent practicable.

(c) Dredging shall not exceed the maximum depths shown in Table 1.

(d) No more than 6, 500 cubic yards of dredged material shall be removed over a five-year period within each trafficshed, beginning with the first project authorized under this general permit within the trafficshed. Within 30 days following the conclusion of each dredging event, a report shall be submitted to the local district office of the Department that includes the volume of material excavated from each channel and canal within the trafficshed, and the cumulative total volume of material excavated for the trafficshed under this general permit. This report shall be included with any subsequent notices to dredge channels or canals within the same trafficshed.

(e) 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 restricted for shellfish harvesting.

(f) For purposes of this general permit, the term "public navigation channels and canals" shall include the Intracoastal Waterway and any other waterway as determined by the WCIND Board to make a significant contribution to boat traffic in the four county district, including access channels connecting the inland waterways to residential canal systems.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) Prior to submittal of a notice to use this general permit, the WCIND shall conduct at least one pre-application meeting with the Department to discuss project designs, implementation details, and any resource concerns, including approval of any oyster relocation sites in accordance with paragraph 62-330.410(2)(a), F.A.C.

(b) Each dredging event for a trafficshed shall require a separate notice to use this general permit. Multiple channels within a single trafficshed may be included in one notice. Each notice shall be submitted with:

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 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 project proposed for dredging within the trafficshed. All document titles, page numbers, figures, and other relevant information to the trafficshed must be identified;

3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any oyster relocation or habitat restoration areas required under paragraph 62-330.410(2)(a), F.A.C. If barges or temporary stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such barges and stockpile areas, including controls that will be used to prevent dredge material runoff from the barges and stockpile areas also must be described;

4. The estimated volume of each proposed dredging area;

5. The dredging and disposal methods, and proposed duration of each;

6. 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., (approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified); 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.;

7. An updated (prepared between May through September within one year prior to the proposed dredging) resource inventory of the areas to be dredged, including the presence of live seagrasses (distinguishing between beds and scattered seagrass growth), oysters (distinguishing between beds, bars, and scattered occurrences), coral communities, or attached macro-marine algae communities (distinguishing between beds and scattered occurrences). 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);

8. If the notice applies to a trafficshed that was subject to previous use of this general permit, such notice also shall clearly identify the extent of all previously authorized dredging within the trafficshed by the WCIND; the date of all such dredging events; the estimated cubic yards excavated from each channel and canal, and for the trafficshed as a whole; and the permit numbers assigned to such prior use of this general permit for the trafficshed,

9. 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; and,

10. A plan for monitoring water quality in accordance with the requirements of paragraph (3)(e), below.

(c) 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 shall be: oyster relocations required under paragraph 62-330.410(2)(a), F.A.C.; or where dredged materials are to be used as part of a habitat restoration plan authorized by the Agency 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)(d), below.

(d) The permittee shall prevent violations of state water quality standards 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. This shall minimally consist of: using and maintaining in a functional condition erosion and sediment control devices and best management practices, including turbidity curtains or similar devices; managing dredge pumping rates and volumes so as to minimize discharges from dredged material disposal sites; and managing dredged material disposal site dikes, berms, and water control structures so as to minimize erosion, breaches, and discharges. Mixing zones shall be designed to avoid live seagrass beds, oyster beds and bars, and attached macro-algae communities to the maximum extent practical.

(e) Water quality monitoring shall occur following the monitoring plan required under subparagraph (3)(b)10., above. This shall minimally consist 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. This monitoring shall be designed to measure turbidity and any metals or other toxic materials that have been identified as having a likelihood of entering the water column. All monitoring for turbidity shall occur at intervals not to exceed four hours during active dredging operations and when there is a discharge from dredge material disposal sites; monitoring for other parameters shall be at intervals specified in the monitoring plan under subparagraph (3)(b)10., above. Results of this monitoring and a copy of the logs shall be submitted to the local office of the Department in accordance with the reporting plan submitted under subparagraph (3)(b)10., above.

(f) 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 resolved and the receiving waters again meet applicable water quality standards.

(g) After dredging, the trafficshed shall be marked with appropriate aids to navigation in order to prevent damage to seagrass beds and to minimize turbidity. The permittee is advised that Chapter 327, F.S., governs the placement and marking of such aids to navigation.

(h) In addition to the conditions in subsection 62-330.405(18), F.A.C., the following additional manatee conditions shall apply:

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 for appropriate action.

3. 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.

(i) Work under this general permit shall not commence until the Department has provided written confirmation to the notice required under paragraph 62-330.410(3)(b), F.A.C., that the applicant qualifies to use the general permit.

(4) For activities located outside of aquatic preserves and outside of state parks, state preserves, and state recreation areas, this general permit constitutes consent of use by the Board of Trustees of the Internal Improvement Trust Fund (BOT) under Chapter 253, F.S., to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities. However, specific written authorization from the BOT is required to use or alter state-owned submerged lands within aquatic preserves, state parks, state preserves, and state recreation areas under Chapter 258, F.S.

(5) Dredged material removed from state-owned submerged lands under this general permit shall be 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

Fla. Admin. Code Ann. R. 62-330.410

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(4), 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.426, 403.813(1)(f), 403.813(2), 403.814(1) FS.

New 8-4-02, Formerly 62-341.490, Amended 10-1-13.

New 8-4-02, Formerly 62-341.490, Amended 10-1-13.