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
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
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
Dredging
Marina construction and
reconfiguration
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
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
• Habitat
• Recreation
• Food source
• Shoreline protection
3 Types of Authorizations
Proprietary
Activities pertaining
to state lands
“Public Property”
SPGP
Corps Permit
Issued by the
State
Regulatory
Environmental Rules
Exemptions, Permits
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
John and Jane Doe
Mr. and Mrs.
Home/ Mailing Address
City, FL Zip
Phone # E-mail/ address
Fill out your
mailing
address
Mr. and Mrs. Consultant
Fill out your
Agent’s
Mailing
information –
emails are
preferred
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
Insert property
information
Part
5the
from
property deed/
or Martin County
Property
Appraiser’s
Office
Martin County
55
38
42
1-55-38-42-000-00000000-0
The address where the
activity will take place
Stuart, FL 349XX
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 430200703-003.
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.
Section
A
The printed name of Agent
7/29/2008
Section B
The printed name of Applicant
Section
C
The printed name of Applicant
7/29/2008
7/29/2008
Plan View
What to include on
drawings: Checklist

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
Forms of Regulatory Authorization
 Exemption - unlinked
 Noticed General Permit - unlinked
 Standard General Permit - linked
 Individual Permit - linked
 Mangrove General & Individual
Permits
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!!!
SPGP-State Programmatic General Permit
USACOE – 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.
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
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
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
• 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
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
• 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 Permits
Individual 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 watersjustification 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???