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Florida Department of Environmental Protection (DEP) Environmental Resource Program Workshop 2011 Agenda. -9:00-9:15-Introductions -9:15-9:45-Introduction to State DEP Environmental Resource Program rules and permit process

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slide1

Florida Department of Environmental Protection (DEP)

Environmental Resource Program Workshop 2011 Agenda

-9:00-9:15-Introductions

-9:15-9:45-Introduction to State DEP Environmental Resource Program

rules and permit process

-9:45-10:15- Exemptions and Self-Certification

-10:15-10:30- Break

-10:30-11:00- DEP/South Florida Water Management District Operating

Agreement

-11:00-11:45- United States Army Corps of Engineers State

Programmatic General Permit

-11:45-12:15- Question Session for Agency Staff

-12:15- Workshop End

slide2

Introduction to State DEP Environmental Resource Program rules and permit process

-ERP Permitting Process-

-Brief introduction of the ERP program

-Types of Authorizations

-How to fill out application

-Review process

erp environmental resource permitting
ERP-Environmental Resource Permitting

The Environmental Resource Permitting Program addresses dredging, filling, and construction in wetlands and other surface water, as well as stormwater and surface water management systems in uplands.

The program is designed to ensure that activities in uplands, wetlands and other surface waters do not degrade water quality or degrade habitat for aquatic or wetland dependent wildlife.

slide4

Types of Projects Regulated

Single family dock construction

Seawall repairs

slide5

Types of Projects Regulated

Dredging

Marina construction and reconfiguration

Natural gas pipelines

resources we protect mangroves
Resources we protect-Mangroves
  • Natural barrier for wind and water
  • Shoreline stabilization
  • Rookeries for birds
  • Roots and leaf litter habitat
    • juvenile fish including snapper and snook
resources we protect seagrasses
Resources we protect-Seagrasses
  • Stabilize sediments
  • Foraging habitat- Manatee, Sea Turtles, etc.
  • Improve H2O clarity and oxygen
  • Habitat:
    • 70% juvenile fish (approx. 512 species) including sea trout, groupers, red fish, pompano
    • invertebrates
      • 150 different: stone crabs, blue crab, shrimp, lobster
resources we protect hardbottom habitat
Resources we protect-Hardbottom Habitat
  • Habitat
  • Recreation
  • Food source
  • Shoreline protection
3 types of authorizations
3 Types of Authorizations

Proprietary

SPGP

Corps Permit Issued by the State

Activities pertaining to state lands

“Public Property”

Regulatory

Environmental Rules

Exemptions, Permits

when should i apply to the department
When should I apply to the Department?
  • Project occurring in, on, over, and under surface waters or wetlands that does not meet exemption criteria
  • Who should I apply to?
    • Department of Environmental Protection or South Florida Water Management District (SFWMD)
    • Local county office
    • Local municipality

Where do I get an application?

-Contact the Department

-Go to our website: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm

how do i fill out the application
How do I fill out the application?
  • Proposed project:
    • Exemption for Maintenance dredging in the Manatee Pocket
  • What to include with submittal
    • Complete application
    • Vicinity map
    • Warranty deed (proof of ownership)
    • Any other relevant info specific to the project
slide12

John and Jane Doe

Mr. and Mrs.

Home/ Mailing Address

City, FL Zip

Phone # E-mail/ address

Fill out your mailing address

slide13

Fill out your Agent’s Mailing information –emails are preferred

Mr. and Mrs. Consultant

Environmental Consulting Firm Inc.

Address

Town, FL

Phone # and E-mail address

slide14

Fill out additional contractor information- if present

The same information for any

contractor involved

slide15

Insert property information from the property deed/ or Martin County Property Appraiser’s Office

Part 5

Martin County

55

38

42

1-55-38-42-000-000-00000-0

The address where the activity will take place

Stuart, FL 349XX

slide16

Hydraulic dredge X cubic yards of material to a depth of 5’ as measured

from the mean low water line. This dredging is proposed to be in conjunction with the dredging performed by Martin County 43-0200703-003.

The area will be X’ feet by X’ feet.

The plan view will demonstrate the size and the cross section will demonstrate the depths and cubic yardage calculations.

slide17

SectionA

The printed name of Agent

7/29/2008

Section B

The printed name of Applicant

7/29/2008

Section C

The printed name of Applicant

7/29/2008

slide18

What to include on

drawings: Checklist

slide19

Forms of Regulatory Authorization

  • Exemption - unlinked
  • Noticed General Permit - unlinked
  • Standard General Permit - linked
  • Individual Permit - linked
  • Mangrove General & Individual Permits
slide20

Forms of Proprietary Authorization

Chapter 18-21.005

Board of Trustees of the Internal Improvement Trust Fund (BOT)

  • Consent by Rule
  • Letter of Consent
  • Lease
  • Easement

ONLY ON SOVEREIGNTY SUBMERGED LANDS!!!

slide21

SPGP-State Programmatic General PermitUSACOE – DEP agreement

  • An Agreement between the US Army Corps of Engineers and the Department to streamline the permitting process. Is issued along with DEP permits/exemptions
  • A copy of your application may be forwarded to Corps for review and comment. Corps: 14 Days to decide Green (DEP issue) or Red status
  • Why didn’t I get my Corps Permit? If the Corps have advised us to flag your project red ( new docks, resource impacts), you will be contacted separately by the Corps for further permitting requirements.
slide22

The 5 regulatory dock exemptions

  • Construction, repair, and replacement of mooring pilings
  • Construction of private docks (non-commercial)
    • (1,000-sq. ft. limitation/500-sq. ft. if aquatic preserve)
  • Construction of private dock in artificially created waterways
    • (1,000-sq. ft. limitation)
  • Repair and replacement of functional docks or mooring pilings
  • Construction and maintenance of boat ramps on artificial waterways and associated structures
slide23

Proprietary forms of authorization-Docks

Proprietary (Not in an AP)- Consent by Rule

  • Must be 1,000-sq. ft. or less
  • Structure is only dock or pier per parcel and not private multi-family with 3 or more slips
  • Can’t impede navigation (25% Rule of Thumb)
  • Must be a water dependent structure
  • Cannot be revenue generating

Proprietary - Letter of Consent

  • All docks proposed in AP’s 500-sq. ft. or less
  • Considered one minimum size private single-family dock or pier per parcel
  • Can’t extend beyond 20% of the water body or 500 feet, whichever is less
  • Must be a water dependent structure
  • Setbacks of 10 feet (marginal) or 25 feet (other design), unless it gets Consent by Rule or <65’ shoreline
slide24

Proprietary forms of authorization-Docks

Proprietary Letter of Consent (cont’d)

  • Private single-family or multi-family that cummulatively preempt no more than 10 sq. ft. for each linear foot of shoreline

Proprietary - Lease

  • Larger than minimum size or over 10:1 ratio
  • Commercial revenue-generating
notice general permits review process
Notice General Permits Review Process
  • Department receives application
  • 30 Day Review Process
  • Regulatory-Does it meet the criteria in Chapter 62-341, F.A.C.
    • All of the details that are requested of every application
    • Processing Fee: $250 per NGP qualification
  • Complete upon receipt-Issue within 30 days
  • Incomplete-Request for additional information sent to applicant
    • Applicant has 60 days to submit pending items
slide26

Notice General Permits Review Process

  • Proprietary-Not required if not state lands
  • If on State Lands-
  • -Letter of Consent
  • -Lease or Easement
      • -Proprietary fees
      • -Surveys
      • -Severance fee payment
commonly used notice general permits
Commonly used Notice General Permits
  • NGP-62-341.427 Certain piers and associated structures
    • Cannot accommodate mooring of more than 2 vessels
    • Limited to 2,000-sq. ft. (Existing and proposed structures)
    • Minimum depth of 2 ft. below MLW to assure adequate mooring and navigational access
      • Specific conditions
        • Lifts, terminal platforms cannot be located over resources
        • Cannot impede navigation
        • No dredging or filling can be associated with the project
commonly used notice general permits1
Commonly used Notice General Permits
  • NGP-62-341.427 Certain piers and associated structures
    • Cannot accommodate mooring of more than 2 vessels
    • Limited to 2,000-sq. ft. (Existing and proposed structures)
    • Minimum depth of 2 ft. below MLW to assure adequate mooring and navigational access
      • Specific conditions
        • Lifts, terminal platforms cannot be located over resources
        • Cannot impede navigation
        • No dredging or filling can be associated with the project
  • NGP-62-341.431 Installation of Riprap
    • Must be located at the toe of an existing vertical seawall
    • Must consist of natural boulders, clean concrete rubble 1-3 feet in diameter
    • 2:1 slope and extend maximum of 8 feet waterward
    • No filling of submerged resources
standard general permits individual permits
Standard General PermitsIndividual Permits
  • Regulatory-Does not meet the exemption or NGP criteria?
    • All of the details that are requested of every application
    • Processing Fee: Depends on size of project
    • Drawings need to be signed and sealed
    • Timeclocks: (90 day process)30-day response due, 60-days to issue once complete
      • If RAI sent, applicant has 90 days to respond
      • Once responses received, DEP 30 day review timeclock starts again
  • Proprietary-Not required if not state lands
    • State Lands-Letter of Consent, Lease, Easement, etc.
      • Proprietary fees
      • Surveys
      • Severance fee payment
standard general permits
Standard General Permits
  • Once file deemed complete, 90 days to issue from complete date
  • Draft and review/Issue permit
    • Cover letter
    • Permit checklist
    • Attachments
    • Permit
shoreline stabilization seawalls riprap etc
SHORELINE STABILIZATION: SEAWALLS, RIPRAP, ETC.
  • Does it meet exemption criteria?
  • Does it meet NGP criteria?
  • IF NOT: PERMIT
  • Current condition of shoreline
  • Fully dimensioned drawings (length, width, height)
  • Location of the structure from the MHW/MLW line
  • If riprap-indicate slope and extent waterward from MHW line
  • Volume of backfill
  • How will structure tie into adjacent properties?
  • Resource survey depending on location
  • If proposing to fill surface waters-justification and demonstration of avoidance and minimization
  • Permit fees
  • Signed and sealed drawings
marinas
MARINAS
  • Part I-Regulatory
    • Detailed information on existing conditions, existing slips, prior permits, etc.
    • Detailed information on proposed activities: liveaboards, fueling or pumpouts (contingency plans), travel lifts, etc.
    • Detailed drawings of ALL proposed structures(clearly dimensioned) PLAN VIEW AND CROSS SECTION DRAWINGS
    • Construction Methodologies (turbidity containment)
    • Water and Sediment Testing (depends on site)
    • Current Resource Survey (conducted during growing season)
    • Resource Impacts-Demonstration of avoidance and minimization, Evaluation using UMAM methodology
    • Bathymetric Survey
    • Recent Aerial of Site
    • Hydrographic Requirements (At request of Jack Wu)
    • Appropriate Permit Fees
    • Signed and Sealed Drawings (8 ½ x 11) –no exceptions!!
marinas1
MARINAS
  • Part II-Proprietary-Leases
    • Processing Fees
    • Satisfactory Evidence of Sufficient Upland Interest
      • Warranty Deed, Property Appraiser Printout
    • BOT approval –Cabinet Meeting
      • 50-slips or greater, 50,000-sq. ft.
dredging projects
DREDGING PROJECTS
  • Part I-Regulatory
    • Maintenance Dredge?
    • Will dredging be required on a regular basis
    • SEAGRASS IMPACTS?
    • Current Bathymetric and Resource Survey
    • Resource Impacts-Demonstration of avoidance and minimization, Evaluation using UMAM methodology
    • Dredging methodologies
    • Turbidity control methodologies, return water? (shown on drawings)
    • Water quality and sediment testing (depends on site)
    • Temporary and permanent disposal locations of material
dredging projects1
DREDGING PROJECTS
  • Part II-Proprietary-
    • If State Lands-What form of authorization:
      • Private Under 10 to 1-Letter of Consent
      • Public Channel-Letter of Consent
      • Over 10 to 1-Private or public easement
    • Severance Fee Payment-Need cubic yards of material to be removed
    • Appraisal performed on submerged lands (Private Easement)
contacts for dep environmental resource program
Contacts for DEP Environmental Resource Program

Program Administrator

Jennifer Smith

561-681-6642

Environmental Manager

Jill King

561-681-6638

Environmental Supervisor

Benny Luedike

561-681-6646

Environmental Specialist II

Kelly Egan

561-681-6656

Environmental Specialist I

Sophie Dimitrova

561-681-6634

Environmental Specialist I

Gina Chiello

561-681-6654

Environmental Specialist I

Jenny Baez

561-681-6620

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