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

-ERP Permitting Process-

-Brief introduction of the ERP program

-Types of Authorizations

-How to fill out application

-Review process

Introduction to State DEP Environmental Resource Program rules and permit process

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.

Types of Projects Regulated

Single family dock construction

Seawall repairs

Types of Projects Regulated

Marina construction and reconfiguration

Dredging

Natural gas pipelines

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

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-Seagrasses

• Habitat

• Recreation

• Food source

• Shoreline protection

Resources we protect-Hardbottom Habitat

3 Types of Authorizations

SPGPProprietary

Activities pertaining to state

lands“Public PropertyPublic Property”

Corps Permit Issued by the State

Regulatory

Exemptions, Permits

Environmental Rules

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?

• 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

Fill out your mailing address

John and Jane Doe

Home/ Mailing Address

Mr. and Mrs.

City, FL Zip

Phone # E-mail/ address

Fill out your Agent’s Mailing information –emails are preferredMr. and Mrs. Consultant

Environmental Consulting Firm Inc.

Address

Town, FL

Phone # and E-mail address

Fill out additional contractor information- if present

The same information for any

contractor involved

Part 5

Martin County

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

The address where the activity will take place

Stuart, FL 349XX

55 38 42

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

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.

The printed name of Applicant

The printed name of Applicant

Section A

Section B

Section C

7/29/2008

7/29/2008

The printed name of Agent

7/29/2008

What to include ondrawings: Checklist

Plan View North arrow Name of water body Show property lines Show shoreline Show elevations of MHW and MLW Show distance to other side of water body Show both sides of water body Show scale or all dimensions Show distance to edge of nearest channel Show property setback lines along shoreline Correlate plan view with cross-sections Cross- Sections Correlate cross-section with plan view Show elevations & MHW and MLW lines Show bottom contour and elevations Show graphic scale Label each cross-section Miscellaneous Show existing vs. proposed conditions Professional seal on drawings (for permits) Drawings on 8 1/ 2” x 11” sheets

Exemption - unlinked

Noticed General Permit - unlinked

Standard General Permit - linked

Individual Permit - linked

Mangrove General & Individual Permits

Forms of Regulatory Authorization

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!!!

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.

SPGP-State Programmatic General PermitUSACOE – DEP agreement

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

The 5 regulatory dock exemptions

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

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

Proprietary forms of authorization-Docks

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

Proprietary-Not required if not state lands

If on State Lands--Letter of Consent

-Lease or Easement-Proprietary fees-Surveys-Severance fee payment

Notice General Permits Review Process

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 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 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

• 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.

• 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• 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!!

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• 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 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

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

QUESTIONS???