(1) Applicants desiring to construct and operate a new or expand an existing marina within the coastal area must provide:
- (a) a comprehensive site plan showing location, size, and number of all upland and water-dependent facilities including boatslips, parking, storage facilities, maintenance and repair facilities, and pile-supported structures;
(b) an "Operation and Maintenance Plan" describing the manner in which the facility will be operated, to include the use of best management practices and a demonstration that:
- 1. applicable water quality standards will be maintained;
- 2. applicable measures relating to proper disposal of solid waste, litter, fish carcasses and offal, and other refuse are provided; and
- 3. adequate sewage pump out and disposal facilities will be provided for vessels and adequate restrooms for patrons will be provided;
- (c) if applicable, a spill prevention control and countermeasure plan meeting the requirement of 40 CFR Part 112;
- (d) if applicable, an application for a stormwater permit, or if such permit has already been obtained, a copy of the same; and
- (e) a submerged lands lease or waiver from the Alabama Department of Conservation and Natural Resources.
- (2) Marinas shall not be located within, or in close proximity to, submersed grassbeds or existing public oyster reefs.
- (3) Open water marinas constructed in the coastal area shall not have breakwaters, groins, or jetties which significantly interfere with the normal ebb and flow of coastal waters.
- (4) Proposals involving excavated marinas shall include appropriate analyses and demonstrations that the facility will not result in contravention of water quality standards in the adjoining waters.
- (5) Entrance channels and boat basins shall be constructed to a depth no greater than that of the receiving water.
Author: John C. Carlton
Statutory Authority: Code of Ala. 1975, §§9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.
History: New Rule: Filed May 26, 1994; Effective June 30, 1994.