FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ATTACHMENTS TO FORM 62-343.900(1): JOINT APPLICATION FOR ENVIRONMENTAL RESOURCE PERMIT / AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS / FEDERAL DREDGE AND FILL PERMIT Attachment No. Title Updated 1 Summary of DEP and WMD Permitting Responsibilities 12/30/10 2 Summary of Exemptions, Noticed General Permits, and Other Types of Permits 12/30/10 3 Permit Application Processing Fees for DEP 4/21/09 4 Mailing Instructions for DEP Permit Applications (Map) 3/4/08 1/16/11 US Army Corps of Engineers (Map of Regulatory Permitting Offices) 5 Differences Between “Proprietary” and “Regulatory” Programs 12/30/10 6 Which Department Offices Process Which Types of Applications? 12/30/10 Attachments 1-6 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) Attachment 1 Summary of DEP and WMD Permitting Responsibilities The Department of Environmental Protection ("Department" or "DEP") is responsible for issuing (or denying) permits for some types of activities. The Water Management Districts ("WMDs") issue (or deny) the remaining types. You must submit your permit application to the agency which is responsible for permitting your proposed activities. This summary covers typical cases; applicants with non-typical situations or who need further clarification should contact the nearest DEP or WMD office. THE DEP is responsible for reviewing and taking agency action on the following activities (including compliance and enforcement): Systems serving or consisting of up to three contiguous parcels of land under single ownership, where each parcel contains or is proposed to contain only one single-family dwelling unit, duplex, triplex, or quadruplex (dwelling unit), except where the dwelling unit is only an incidental part of a parcel that is otherwise used for agricultural activities for which a permit under Part IV of Chapter 373, F.S., has been issued or is required, or where the dwelling unit is located within the Wekiva River Protection Area described in Section 369.301(9), F.S. The term "system" means a stormwater management system, dam, impoundment, reservoir, appurtenant work or works, or any combination thereof, including dredged or filled areas. This term includes the construction of docks, seawalls, structures, and all other types of dredging or filling in surface waters and wetlands. Projects that also need a waste treatment or management permit from DEP: - Solid waste (except certain activities that qualify for general permits) - Hazardous waste (except where the storage of hazardous waste is an incidental part of the facility) - Domestic or industrial wastewater, including facilities and activities located at the domestic or industrial wastewater treatment facility; all reuse site permitted under Parts II or IV of Chapter 62-610; land application sites permitted under Part VI of Chapter 62-610; and wetlands crated using reclaimed water. However, the WMD is responsible for the review and agency action on applications for: Water reuse sites permitted under Part III of Chapter 62-610, F.A.C.; Activities involving the application of reclaimed water to rehydrate wetlands or to provide artificial recharge to reduce or mitigate drawdowns from well withdrawal; Facilities subject to requirements of WMD rules through a system or activity that is not fully contained on the domestic or industrial wastewater site, but which is part of a larger project for which the WMD has permitting responsibility; Facilities that qualify for general permits under Rules 62-660.801, 62-660.802, 62660.803, or 62-660.805, or 62-621.300(2), F.A.C.; Facilities in which the industrial wastewater component is merely a heating, ventilation or air conditioning cooling tower discharge, or other industrial wastewater treatment facility which is merely an incidental component of a project for which the WMD has permitting responsibility. - Potable water facilities, including drinking water treatment plants and distribution mains, except for distribution lines fully contained within systems for which the WMD has permitting responsibility Attachment 1, Page 1 of 3 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) All mining projects, excluding mines (borrow pits) for sand, shell, or clay that do not involve processing other than use of a scalping screen to remove large rocks, wood, and debris. Power plants and electrical distribution and transmission lines, including associated facilities related to the production, transmission, and distribution of electricity, except for electrical distribution lines fully contained within a larger plan of development for which the WMD has permitting responsibility. Communication cables and lines except for communication cables and lines fully contained within a larger plan of development for which the WMD has permitting responsibility. Natural gas or petroleum exploration activities and facilities, and product pipelines, except for natural gas distribution lines fully contained within a larger plan of development for which the WMD has permitting responsibility. Docking facilities, boardwalks, shore protection structures, and piers, including adjacent dockingand boating related development and associated navigational dredging, except where the docking facility and associated navigational dredging is part of a larger plan of other commercial or residential development that has received or requires a permit under Part IV of Chapter 373, F.S. The term "adjacent docking-related development" includes parking areas for the docking facility, dry storage facilities, boat sales and supply facilities, maintenance and repair facilities, associated seafood loading and processing facilities, restaurants, and harbor master and marina administration facilities; residential development and other commercial development are not considered docking or boating related. The WMD will review and act on applications for docking facilities, boardwalks, shore protection, or piers serving a dwelling unit associated with an activity for which the WMD has permitting responsibility. Activities proposed in whole or in part seaward of the coastal construction control line. Navigational dredging conducted by governmental entities except where associated with a larger project for which the WMD has permitting responsibility. Seaports and adjacent seaport-related development where the applicant or property owner is a port authority. The following activities in wetlands and other surface waters when such activities are not part of a larger plan of development: boat ramps, ski jumps, ski slalom courses, aids to navigation, mooring buoys and fields, piling supported structures which are not physically connected to uplands, estuarine and marine aquaculture facilities, fish attractors, artificial reefs, treasure salvage, archaeological research or exploration and removal or organic detrital material. Temporary systems for commercial film productions. High speed rail facilities. Aquaculture activities not exempt under Subsection 373.406(8), F.S.. Projects constructed, operated, or maintained by the U.S. Army Corps of Engineers. Attachment 1, Page 2 of 3 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) Formal determinations of the landward extent of wetlands and other surface waters when requested by entities regarding properties for proposed activities in which the DEP would have permitting responsibility. Mitigation banks proposed on WMD-owned lands, and banks proposed by governmental entities solely to offset impacts of single-family dwelling unit activities for which the DEP has permitting responsibility. Modification of permits issued by the DEP. If the permit has been modified, the agency that issued the last modification to the permit shall process the modification. Modifications to Management and Storage of Surface Waters (MSSW) Permits shall be processed by the appropriate Water Management District, except that the Department shall process modifications of MSSW permits for solid waste facilities, mining projects, and seaports and seaport-related development. All applications for wetland resource permits within the territory of the Northwest Florida Water Management District. THE SOUTH FLORIDA, SOUTHWEST FLORIDA, ST. JOHNS RIVER, AND SUWANNEE RIVER WATER MANAGEMENT DISTRICTS are responsible for reviewing and taking agency action (including compliance and enforcement) on all Environmental Resource Permit applications that are not the responsibility of the DEP. Separate rules, forms, and a separate Operating Agreement is in effect within the NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT. Attachment 1, Page 3 of 3 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) Attachment 2 Summary of Exemptions, Noticed General Permits, and Other Types of Permits The following is a list of exemptions and noticed general permits that may apply to your project, as well as a summary of the types of individually-processed permits. These lists are only a brief summary of the various exemptions or permit types and do not contain all of the requirements for each exemption or permit. Applicants unfamiliar with the details of all the requirements which apply to the various exemptions or permit types, or uncertain of how the conditions would apply to a specific situation, should review Chapter 62-343, F.A.C., and the rules of the water management district applicable to the location of the activity. Applicants are further encouraged to discuss their project with staff of the appropriate reviewing agency before submitting an application. EXEMPTIONS Before conducting an activity, you should first carefully review the actual language of the exemptions contained in the following Florida Statutes and rules of the DEP and water management district to determine if the activity may qualify for an exemption: Statute/Rule1 Where Statewide Sections 373.406 and 403.813(1), F.S. Within the Suwannee River Water Management District 40B-4.1070 and 40B-400.051, F.A.C. Within the St. Johns River Water Management District 40C-4.051, F.A.C. Within the Southwest Florida Water Management District 40D-4.051, F.A.C. Within the South Florida Water Management District 40E-4.051, F.A.C. You do not need to apply for a permit for these activities, and most do not require you to submit a notice to request verification of qualification for the exemption. However, many local governments will want to see such verification before they will issue a local authorization, and some exemptions [such as certain maintenance dredging in Section 403.813(1)(f), F.S., dirt road paving by local governments in Section 403.813(1)(t), F.S., and organic detrital removal in Section 403.813(1)(u), F.S., does require notice of intent to use an exemption to be provided to the DEP). In such cases, the DEP has adopted Form 62343.900(11) to facilitate requesting verification of qualification to use an exemption. The DEP also has an Internet-based Self Certification (Enterprise Self-Service Application) for certain exemptions, which may be accessed at: http://www.fldepportal.com/go/. If you are uncertain if your specific project meets the conditions for an exemption, contact the agency with jurisdiction in the location where the activity is proposed. 1 The repair or replacement of existing functional pipes or culverts, the purpose of which is the discharge or conveyance of stormwater The performance of maintenance dredging of existing manmade canals, channels, basins, berths, and intake and discharge structures The maintenance of functioning insect control structures, and the maintenance of functioning dikes and functioning irrigation and drainage ditches, including roadway drainage ditches The maintenance of previously-permitted minor silviculture surface water management systems As these rules are adopted by reference in Chapter 62-330, F.A.C. Attachment 2, Page 1 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) The restoration of less than 100 feet in length of existing insect control impoundment dikes and the connection of such impoundments to tidally-influenced waters The installation, replacement or repair of mooring pilings and dolphins associated with private docking facilities and the installation of private docks or piers, and piers and recreational docking facilities of local governmental entities, of 1,000 square feet or less of surface area over wetlands or other surface waters that are not located within Outstanding Florida Waters, or 500 square feet or less of surface area over wetlands or other surface waters for docks which are located in Outstanding Florida Waters Construction of private docks of 1,000 square feet or less of surface area over wetlands or other surface waters in artificially-created waterways where construction will not violate water quality standards, impede navigation, or adversely affect flood control The replacement or repair of existing docks and mooring piles within their existing location The installation and maintenance to design specifications of boat ramps on artificial bodies of water, or the installation and maintenance to design specifications of certain boat ramps open to the public in any wetlands or other surface waters Construction of seawalls or riprap in artificially-created waterways The restoration of a seawall or riprap at its previous location or within one foot waterward of its previous location The construction of private seawalls in wetlands or other surface waters and the construction of riprap revetments, where such construction adjoins at both ends existing seawalls or riprap, follows a continuous and uniform construction line with the existing seawalls or riprap, is no more than 150 feet in length The installation of overhead transmission lines with support structures that are not located in wetlands or other surface waters The installation of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of wetlands or other surface waters The replacement or repair of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of wetlands or other surface waters Activities necessary to preserve, restore, repair, remove, or replace an existing communication or power pole or line Installation, removal, and replacement of utility poles that support telephone or communication cable lines, or electric distribution lines of 35 kV or less The replacement or repair of existing open-trestle foot bridges and vehicular bridges that are 100 feet or less in length and two lanes or less in width The repair, stabilization, or paving of certain existing county-maintained roads and repair or replacement of bridges that are part of the roadway Construction or maintenance of culverted driveways or roadway crossings and bridges of artificial waterways The installation of aids to navigation Construction of fresh water fish attractions by Florida Fish and Wildlife Conservation Commission, U.S. Forest Service, and county and municipal governments Installation of piling support structures associated with water quality testing or monitoring equipment by the DEP or WMDs The removal of aquatic plants and associated removal of organic detrital material in accordance with a permit or exemption under Sections 369.20 or 369.25, F.S. Attachment 2, Page 2 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) Certain removal by a residential property owner of organic detrital material from freshwater rivers or lakes for environmental enhancement The construction, installation, operation, and maintenance of certain floating vessel platforms or floating boat lifts NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT Listed below are activities which may qualify for a Noticed General Permit. Applicants who believe their projects might qualify are encouraged to discuss the proposed project with the agency with jurisdiction in the location where the activity is proposed, and should carefully review the applicable rule section(s) where the detailed terms, conditions, limitations and restrictions are listed. A notice to use these general permits [in the Joint Application in Form 62-343.900(1)], must be submitted to the DEP at least 30 days prior to doing any work authorized by a Noticed General Permit, and some require that work does not commence until qualification to use the Noticed General Permit is verified by DEP. General Permit for the construction, alteration, operation, and or maintenance of boat ramps facilities (Section 62-341.417, F.A.C.) General Permit for certain piers and associated structures (Section 62-341.427, F.A.C.) General Permit for installation of riprap (Section 62-341.431, F.A.C.) General Permit for installation of fences (Section 62-341.437, F.A.C.) General Permit for the construction or maintenance of culverted driveway or roadway crossings and bridges of artificial waterways (Section 62-341.439, F.A.C.) General Permit to the Florida Department of Transportation, counties and municipalities, for minor bridge alteration, replacement, maintenance and operation (Section 62-341.443, F.A.C.) General Permit to the Florida Department of Transportation, counties and municipalities for minor activities within existing rights-of-way or easements (Section 62-341.447, F.A.C.) General Permit for installation, maintenance, repair, and removal of underground cable, conduit, or pipeline (Section 62-341.453, F.A.C.) General Permit for the construction of aerial pipeline, cable, and conduit crossings of certain waters (Section 62-341.455, F.A.C.) General Permit for subaqueous utility crossings of artificial waterways (Section 62-341.457, F.A.C.) General Permit for the construction and operation of culverts and associated water control structures in mosquito control impoundments by governmental mosquito control agencies (Section 62-341.463, F.A.C.) General Permit for breaching mosquito control impoundments by governmental mosquito control agencies (Section 62-341.467, F.A.C.) General Permit for minor activities (Section 62-341.475, F.A.C.) General Permit to the Water Management Districts to Conduct Minor Activities (Rule 62341.483, F.A.C.). General Permit to Water Management Districts for Environmental Restoration and Enhancement (Rule 62-341.485, F.A.C.). General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities (Rule 62-341.486, F.A.C.). General Permit to Water Management Districts to Change Operating Schedules for DEP Water Control Structures (Rule 62-341.487, F.A.C.). Attachment 2, Page 3 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone (Rule 62-341.491, F.A.C.). Noticed General Permit for Prospecting (Rule 62-341.492, F.A.C.). General Permit for the U.S. Forest Service for minor works within National Forests (Section 62341.495, F.A.C.) General Permit for Construction, Operation, Maintenance Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems (Rule 62-341.500, F.A.C.). General Permit for the construction of artificial reefs (Section 62-341.600, F.A.C.) General Permit for clam and oyster culture on sovereignty submerged lands aquaculture leases (Section 62-341.601, F.A.C.) General Permit for installation and maintenance of intake and discharge pipes associated with marine bivalve facilities (Section 62-341.602, F.A.C.) General Permit for non-nursery cultivation and wild collection of aquatic plants (Section 62341.603, F.A.C.) General Permit to perform prospecting activities for phosphate minerals (Section 62-341.610, F.A.C.) General Permit for temporary dragline crossings of waters (Section 62-341.611, F.A.C.) General Permit for low water crossings (Section 62-341.612, F.A.C.) General Permit for the construction and maintenance of electric powerlines by electric utilities (Section 62-341.620, F.A.C.) General Permit for relocation of aerial electric and communication lines associated with road improvement projects (Section 62-341.621, F.A.C.). NO-NOTICE GENERAL PERMITS (APPLICABLE ONLY WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT) Activities described in Rules 40E-400.315 and 40E-400.316, F.A.C, may be conducted without notice to the DEP or South Florida Water Management District. These include limited work in uplands and certain road grading and pavement resurfacing activities. The work in uplands cannot include any docking facilities or shore stabilization activities, and must be a whole and complete project. TYPES OF INDIVIDUALLY-PROCESSED ENVIRONMENTAL RESOURCE PERMITS Construction, alteration, operation, maintenance or repair (other than routine custodial maintenance), abandonment, or removal of activities regulated under Part IV of Chapter 373, F.S., that do not qualify for an exemption, a no-notice general permit, or a noticed general permit must be authorized through an individual permit. For purposes of the DEP’s implementation of the environmental resource permit program under Part IV of Chapter 373, F.S., the term “individual permit” includes all types of individually-processed permits, including standard, standard general, and general permits as those permit types are described in the rules of the water management districts adopted by reference by the DEP in Chapter 62-330, F.A.C., conceptual approval permits, and mitigation bank permits. Attachment 2, Page 4 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) U.S. ARMY CORPS OF ENGINEERS GENERAL PERMITS Permit # REGIONAL AND STATEWIDE PERMITS AS OF JANUARY 19, 2010 Geographic Issue Expiration Activity Locale Date Date SAJ-5 SAJ-12 SAJ-13 SAJ-14 SAJ-17 SAJ-18 Maintenance Dredging of Residential Canals Single-Family Boat Ramp Aerial Transmission Lines Subaqueous Transmission Minor Structures Boat Slips in Upland Cuts SAJ-20 SAJ-33 SAJ-34 Private Single-Family Piers Private Multi-Family Piers Commercial Piers SAJ-42 SAJ-46 SAJ-67 Various Activities Bulkheads & Backfill in Residential Canals Minor Activities in Okeechobee SAJ-71 SAJ-72 Live Rock Aquaculture Residential Docks Citrus County SAJ-74 Fill/Bird Drive Basin SAJ-75 Royal Palm Beach Subdivision SAJ-77 Fill/Jupiter Farms SAJ-78 SAJ-82 Fill/Palm Beach Country Estates Miccosukee Tribe of Indians of Florida Variety of Activities in the Florida Keys SAJ-83 Seminole Tribe - Big Cypress SAJ-86 SAJ-87 SAJ-90 SAJ-91 St. Joe's Plantation Acres Fill in NE FL GP for Cape Coral SAJ-92 Fill for FDOT and FTE in N/C FL SAJ-93 SAJ-95 Maintenance Dredging by FIND Subdivision Phasing to SWFWMD Pinellas County SF Docks & Shoreline Variety of activities to DEP SAJ-80 SAJ-96 SPGP All FL All FL All FL All FL All Fl All FL All FL, except Monroe County All FL All FL Miami-Dade County All FL CESAJ-CO All FL EEZ via NMFS Citrus County Miami-Dade County Royal Palm Beach SD Jupiter Farms SD via DEP PB Country Estates SD Miccosukee Lands Florida Keys only Seminole Tribal Lands St. Joe’s - Bay & Walton only Plantation only NE FL only Cape Coral only FDOT & FTE only -SWFWMD only Pinellas County only 11/6/2006 11/6/2006 11/6/2006 11/6/2006 11/6/2006 11/6/2006 11/7/2011 11/7/2011 11/7/2011 11/7/2011 11/7/2011 11/7/2011 5/1/2007 5/1/2007 11/6/2006 5/1/2012 5/1/2012 11/7/2011 5/1/2002 5/1/2007 11/6/2006 2/7/2007 11/7/2011 2/7/2012 8/12/2005 11/6/2006 8/12/2010 11/7/2011 5/31/2005 5/31/2010 5/1/2009 5/1/2014 6/19/2007 6/19/2012 6/19/2007 6/19/2012 12/28/2006 12/28/2011 4/26/2007 4/26/2012 2/19/2008 2/19/2013 6/30/2004 5/10/2005 2/10/2006 10/12/2007 6/30/2009 5/10/2010 2/10/2011 10/12/2012 8/25/2008 8/25/2013 -3/24/2008 -3/24/2013 7/13/2007 7/24/2006 7/13/2012 7/24/2011 Currently being processed for reauthorization Will not be reauthorized Under consideration Notes: ALL GENERAL PERMITS ARE SUBJECT TO GENERAL CONDITIONS. As of March 1, 1994, all general permits for single-family piers that have been revoked are now replaced by SAJ-20. Attachment 2, Page 5 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) U. S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMITS NATIONWIDE PERMITS EFFECTIVE MARCH 12, 2007 Nationwide Permit Number & Description Water Quality Certification Coastal Zone Consistency Pre-Construction Notification Requirements 1: Aids to Navigation N/A Concurrence Granted None 2: Structures in Artificial Canals N/A Concurrence Granted None 3: Maintenance Issued Concurrence Granted All except repair, replacement, or rehabilitation; Regional conditions #6, #7, #8, #9 and #10; GC #19. 4: Fish & Wildlife Harvesting, Enhancement and Attraction Devices and Activities Issued Concurrence Granted Regional Condition #3 5: Scientific Measurement Devices Issued Concurrence Granted None 6: Survey Activities Issued Concurrence Granted Regional Condition #7 7: Outfall Structures Issued Concurrence Granted All Activities 8: Oil and Gas Structures N/A Concurrence Denied All activities 9: Structures in Fleeting and Anchorage Areas N/A Concurrence Granted None 10: Mooring Buoys N/A Concurrence Granted Regional Condition #4; GC #19 11: Temporary Recreational Structures N/A Concurrence Granted Regional Condition #2 12: Utility Line Activities Issued Concurrence Granted 1/10 acre; Section 10; Regional Conditions #2, #4, #6, and #8. 13: Bank Stabilization Issued Concurrence Granted 500 ft length; 1cy/ft below OHWM; Project located in a special aquatic site; Regional Conditions #4, #5, and #9; GC #19. 14: Linear Transportation Projects Issued Concurrence Granted 1/10 acre; Discharges into special aquatic sites; Regional Conditions #6, #7, and #8. 15: USCG Approved Bridges Issued Concurrence Granted Regional Condition #3; GC #19 16: Return Water from Upland Contained Disposal Facility Issued Concurrence Granted None 17: Hydropower Projects Issued Concurrence Granted All Activities 18: Minor Discharges Issued Concurrence Granted 10 cy below OHWM or high tide line; Any fill in special aquatic site; Regional Conditions #2, #5 and #6; GC #19. 19: Minor Dredging Issued Concurrence Granted Regional Conditions #4 and #5; GC #19 20: Oil-Spill Cleanup Issued Concurrence Granted None 22: Removal of Vessels Issued Concurrence Granted Vessels listed/eligible for National Register of Historic Places; GC #19 23: Approved Categorical Exclusions Issued Concurrence Granted Those stipulated by the CatExs themselves; GC #19 25: Structural Discharges Issued Concurrence Granted GC #19 Attachment 2, Page 6 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) Nationwide Permit Number & Description Water Quality Certification Coastal Zone Consistency Pre-Construction Notification Requirements 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities Issued Concurrence Granted All Activities 28: Modification of Existing Marinas N/A Concurrence Granted Regional Condition #2; GC #19 29. Residential Developments Issued Concurrence Granted All Activities 30. Moist Soil Management Issued Concurrence Granted GC #19 31. Maintenance of Existing Flood Control Facilities Issued Concurrence Granted All Activities 32: Completed Enforcement Actions Issued Concurrence Granted N/A 33: Temporary Construction and Access and Dewatering Issued Concurrence Granted All Activities 35: Maintenance Dredging of Existing Basins N/A Concurrence Granted Regional Conditions #4 and #5 36: Boat Ramps Issued Concurrence Granted > 50 cy; or > 20 ft width; Regional Conditions #4 and #5; GC#19 37: Emergency Watershed Protection & Rehabilitation Issued Concurrence Granted All Activities 38: Cleanup of Hazardous and Toxic Waste Issued Concurrence Granted All Activities 39.Commercial and Institutional Developments Issued Concurrence Granted All Activities 40: Agricultural Activities Issued Concurrence Granted All Activities 41: Reshaping Existing Drainage Ditches Issued Concurrence Granted Reshaping >500 linear ft; Regional Condition #4, #5, and #6. 42: Recreational Facilities Issued Concurrence Granted All Activities 43: Stormwater Management Facilities Issued Concurrence Granted All new construction or expansion but not maintenance; Regional Conditions #3 and #8. 44: Mining Activities Issued Concurrence Granted All Activities 45: Repair of Uplands Damaged by Discrete Events Issued Concurrence Granted All activities; Regional Conditions #6, #7, #8, and #9 46: Discharges in Ditches Issued Concurrence Granted Regional conditions #4, #5, and #6 47. Pipeline Safety Program Designated Time Sensitive Inspections and Repairs Issued Concurrence Granted None 48: Existing Commercial Shellfish Aquaculture Activities Issued Concurrence Granted If cover of SAV 25% or greater Notes: Further explanations of listed activities can be found at 33 CFR Part 330 Appendix B. All NWPs are subject to federal limitations and conditions—see http://www.usace.army.mil/cw/cecwo/reg/nationwide_permits.htm. Also see http://www.dep.state.fl.us/water/wetlands/erp/nwp.htm for regional conditions that are applicable in the State of Florida. Attachment 2, Page 7 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) IF YOU HAVE QUESTIONS REGARDING ANY OF THE FEDERAL REGIONAL, STATEWIDE, OR NATIONWIDE PERMITS, PLEASE CONTACT THE LOCAL OR JACKSONVILLE OFFICE OF THE U.S. ARMY CORPS OF ENGINEERS. Attachment 2, Page 8 of 8 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) ATTACHMENT 3 APPLICATION PROCESSING FEES FOR DEP (Note - fees are different for applications processed by a WMD) Environmental Resource Permits For individual, conceptual approval or standard general permit applications that involve a combination of the fee categories listed in Paragraphs A and B below, the highest fee in these paragraphs that applies to the project in question shall be the correct application fee. A. Individual and Conceptual Approval Permits (those systems that involve > 1 acre of construction or alteration in, on or over wetlands or other surface waters, involve > 10 new boat slips, are capable of impounding > 120 acre feet, serve a total land area > 100 acres, or provide for the placement of > 12 acres of impervious surface): 1. For a system that involves < 1 acre of construction of alteration in, on or over wetlands or other surface waters and involves < 10 new boat slips but reaches any of the following three thresholds: a. is capable of impounding > 120 acre feet; b. serves a total land area > 100 acres; or c. provides for the placement of > 12 acres of impervious surface: 2. For a system involving the following total acreage of construction or alteration in, on or over wetlands or other surface waters: a. > 100 acres b. > 50 acres up to < 100 acres c. > 10 acres up to < 50 acres d. > 5 acres up to < 10 acres e. > 2 acres up to < 5 acres f. > 1 acre up to < 2 acres 3. For a system involving 10 or more new boat slips and either capable of impounding > 40 acre feet, serving a total land area > 40 acres, providing for the placement of > 12 acres of impervious surface, or involving construction or alteration (other than new boat slips) in, on or over wetlands or other surface waters, with the following number of new slips: a. 50 or more b. 30 - 49 c. 10 - 29 4. For a system involving 10 or more new boat slips and capable of impounding < 40 acre feet, serving a total land area < 40 acres, providing for the placement of < 12 acres of impervious surface, and not involving construction or alteration (other than new boat slips) in, on or over wetlands or other surface waters, with the following number of new slips: a. 50 or more b. 30 - 49 c. 10 - 29 $3,510 $14,020 $11,220 $9,120 $7,710 $5,610 $4,210 $9,120 $7,710 $5,610 $5,610 $4,210 $2,110 Attachment 3, Page 1 of 4 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) 5. 6. 7. B. C. D. For a system involving a new Class I solid waste disposal facility For a system involving an existing Class I solid waste disposal facility Systems solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. Standard General Permits (those systems below the thresholds listed in Paragraph A, above): 1. For a system serving a project with a total land area > 40 up to < 100 acres, with the following additional activities: a. Both the construction of 1 - 9 new boat slips and the construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters < 1 acre and > 0 acre b. Either the construction of 1 - 9 new boat slips or the construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters < 1 acre and > 0 acre c. No construction or alteration in, on or over wetlands or other surface waters 2. For a system serving a project with a total land area < 40 acres and > 1 acre, with the following additional activities: a. 3 - 9 new boat slips b. 1 - 2 new boat slips c. Construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters < 1 acre and > 0 acres 3. For a system serving a project with a total land area < 1 acre, with the following additional activities: a. 3 - 9 new boat slips b. 1 - 2 new boat slips c. Construction or alteration (other than new boat slips) in, on or over a total area of wetlands or other surface waters < 1 acre and > 0 acres d. Systems solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. Environmental Resource “Stormwater” Permit for a system serving a project with a total land area < 40 acres and: 1. Involving no construction or alteration in, on or over wetlands or other surface waters; or 2. That is solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. Verification of qualification to use a Noticed General Permit, except 1. Paving of existing county or municipally owned roads under Rule 62341.448, F.A.C. 2. Environmental enhancement and restoration activities conducted by the $10,520 $11,920 $250 $2,110 $1,410 $1,340 $990 $850 $850 $850 $430 $710 $250 $420 $250 $250 $0 Attachment 3, Page 2 of 4 $0 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) U.S. Army Corps of Engineers under Rule 62-341.486, F.A.C. E. Modifications: 1. Major modifications of Individual (including Conceptual Approval) and Standard General Permits, as defined in paragraph 62-343.100(1)(b), F.A.C., and mitigation bank permits under Chapter 62-342, F.A.C., that increase the project area or involve four or more of the components listed in sub-sub paragraph 62-4.050(4)(h)3.e., F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above 2. Minor modifications of Standard Form and Short Form Permits, including mitigation banks, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further determined by Rule 62-312.100, F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above: a. To correct minor errors or typographical mistakes and that do not involve technical review b. To incorporate changes requested by the Department or required through permits issued by other regulatory agencies, and to change due dates for reporting or performance deadlines when such changes in the due date do not involve any new work, any new work locations, or any new activities, and will not alter, replace, or otherwise eliminate the requirements for otherwise performing the work required by the permit c. That consist of transfers of permits or time extensions except transfer of ownership or control when the permit is in the operation and maintenance phase. d. That consist of a transfer of an individual permit due to a change of ownership or control when the permit is in the operation and maintenance phase. e. That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is less than $300, except for modifications to permits issued pursuant to Section 403.816, F.S. f. That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is more than or equal to $300, except for permits issued pursuant to Section 403.816, F.S. g. For minor modifications for Class I solid waste disposal facilities Mitigation Bank A. B. C. D. E. Mitigation Bank Permit, other than Conceptual Approval Credit Release (credit available for sale) Credit Withdrawal (actual use of credit) Mitigation Bank Conceptual Approval Permit Major modifications involving changes to one or more of the following Same fee as for a new application for the activity $0 $0 $80 $0 $250 $420 $2,110 $6,050 $330 $0 $6,050 Attachment 3, Page 3 of 4 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments are not adopted in rule) components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; construction, or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans; 1. Affecting one of the above components 2. Affecting two of the above components 3. Affecting three of the above components $1,340 $2,680 $4,020 Variances A. Under Section 373.414(17)/403.201, F.S. 1. From the prohibition of work in Class II Waters, approved for shellfish harvesting 2. Other variances B. Under Section 120.542, F.S. Exemptions Verification of an exemption under Section 403.813(1), F.S., or Rule 62-346.051, F.A.C. Formal Determinations of Wetlands and Other Surface Waters A. Petitions for Formal Determinations $830 $0 $100 1. B. Petition application fees shall be based on the acreage of the entire property for which the petition is filed, according to the following schedule: a. > 0 acres and < 1 acre b. > 1 acre and < 10 acres c. > 10 acres and < 40 acres d. > 40 acres and < 100 acres e. For property greater than 100 acres in size, the fee will be $2,110 plus an additional $290 for each additional 100 acres (or portion thereof) that exceeds the first 100 acres. f. For a new formal determination for single-family residences of less than or equal to five acres within the territory of the South Florida District Office of the Department, under subsection 62343.040(3), F.A.C. 2. For a new formal determination that covers property on which a valid formal determination exists, provided that the petition for the new formal determination is filed within 60 days of the date of expiration of the existing formal determination and the physical conditions on the property have not changed, other than changes authorized by a permit, so as to alter the boundaries of surface waters or wetlands, and provided the methodology for determining the extent of surface waters and wetlands authorized by Sections 373.421 and 373.4211, F.S., has not been amended since the previous formal determination Requests for Informal Determinations $170 $350 $780 $1,060 $2,110 $300 $350 $100 [The above fees are from Chapter 62-4, F.A.C., effective 4-21-09] Attachment 3, Page 4 of 4 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/24/2012 (Attachments 1-6 are not adopted in rule) FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/24/2012 (Attachments 1-6 are not adopted in rule) US Army Corps of Engineers FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments 1-6 are not adopted in rule) Attachment 5 Differences Between “Proprietary” and “Regulatory” Programs The following summarizes the proprietary and regulatory functions of the Department of Environmental Protection’s (DEP's) Submerged Lands and Environmental Resources program. The word “regulatory” refers to a type of authority that allows an entity of the government, such as DEP, to limit certain activities on private property, as well as on publicly-owned lands, to some specific degree for the greater public good. DEP, in its regulatory capacity, is required by acts of the Florida Legislature, to protect the natural resources of the state, such as air, water and wildlife, to ensure that these resources will be healthy and abundant for present and future generations. DEP's Submerged Lands and Environmental Resources regulatory program reviews applications for proposed works in wetlands and other surface waters, as well as in uplands, that can affect water quality and quantity, to ensure compliance with the Florida Administrative Code and Florida Statutes. Over a century ago, the Governor and Cabinet, as the State of Florida Board of Trustees of the Internal Improvement Trust Fund (Trustees), were designated by the state legislature as the Trustees of sovereign submerged lands. All tidally influenced waters to the mean high water line and navigable fresh water bodies to the ordinary high water line in existence when Florida became a state in 1845 are considered sovereign. In accordance with the Constitution of the State of Florida, these lands are held in trust by the state for all the people. As the Trustees, the Governor and Cabinet have proprietary (ownership) authority over sovereign submerged lands and their uses and are responsible for ensuring that these lands and the associated aquatic resources remain healthy and in abundance for present and future generations. The DEP, in addition to its regulatory capacity, acts as the staff to the Trustees in the review of proposed uses of state-owned submerged lands. If you are proposing to conduct an activity in waters that are not sovereign submerged lands, you will only be required to meet regulatory standards. If your proposed activity is located on state-owned submerged lands, you will be required to meet both regulatory and proprietary requirements of the Florida Statutes and Florida Administrative Code. Attachment 5, Page 1 of 1 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments 1-6 are not adopted in rule) Attachment 6 Which Department Offices Process Which Types of Applications? ERP applications for most activities that are the responsibility of the DEP (see the Operating Agreement summary in Attachment 1) should be submitted to the appropriate DEP district office (see Attachment 4). However, DEP offices in Tallahassee process and take agency action on certain types of applications. Please submit applications for the following types of activities to the DEP office identified below (see also Rule 62-343.080 for additional information): ACTIVITY DEP OFFICE Mitigation banks (regardless of the size of the area) Bureau of Submerged Lands and Environmental Resources Mines Bureau of Mining and Mineral Regulation Coastal construction work or activity: 1. Likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes, involving projects, as defined in Section 161.041, F.S.1 Bureau of Beaches and Coastal Systems (BBCS) (processed as a Joint Coastal Permit application) 2. Located waterward of the Coastal Construction Control Line (CCCL) but landward of mean high water Applicable District office of the DEP (Any concurrently-required CCCL permit under Chapter 161, F.S., for such project will be processed by the BBCS) Ports: 1. Dredging of channels, turning basins, or berths within a deepwater port listed in Section 403.021(9)(b), F.S. BBCS 2. Other port activities, such as bulkheads, docks, or upland development, District or branch office having geographical jurisdiction over the location where the activity is to occur Federal dredging projects in marine waters BBCS Activities required to develop applications for certification under the Siting Acts in Chapters 341 and 403, F.S. Siting Certification Program Note: Addresses for the above offices are provided in Attachment 4. 161.041 Permits required.-(1) If any person, firm, corporation, county, municipality, township, special district, or any public agency desires to make any coastal construction or reconstruction or change of existing structures, or any construction or physical activity undertaken specifically for shore protection purposes, or other structures and physical activity including groins, jetties, moles, breakwaters, seawalls, revetments, artificial nourishment, inlet sediment Attachment 6, Page 1 of 2 FORM #: 62-343.900(1) Attachments 1 - 6 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: Updated 1/30/2012 (Attachments 1-6 are not adopted in rule) bypassing, excavation or maintenance dredging of inlet channels, or other deposition or removal of beach material, or construction of other structures if of a solid or highly impermeable design, upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, a coastal construction permit must be obtained from the department prior to the commencement of such work. The department may exempt interior tidal waters of the state from the permit requirements of this section. No such development shall interfere, except during construction, with the use by the public of any area of a beach seaward of the mean high-water line unless the department determines such interference is unavoidable for purposes of protecting the beach or any endangered upland structure. The department may require, as a condition to granting permits under this section, the provision of alternative access when interference with public access along the beach is unavoidable. The width of such alternate access may not be required to exceed the width of the access that will be obstructed as a result of the permit being granted. Application for coastal construction permits as defined above shall be made to the department upon such terms and conditions as set forth by rule of the department. Except for the deepwater ports identified in s. 403.021(9)(b), the department shall not issue any permit for the construction of a coastal inlet jetty or the excavation or maintenance of such an inlet if the activity authorized by the permit will have a significant adverse impact on the sandy beaches of this state without a mitigation program approved by the department. In evaluating the mitigation program, the department shall take into consideration the benefits of the long-term sand management plan of the permittee and the overall public benefits of the inlet activity. Attachment 6, Page 2 of 2