Florida Department of Environmental Protection (DEP)

1. 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

2. 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

3. 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.

4. Types of Projects Regulated Single family dock construction Seawall repairs

5. Types of Projects Regulated Dredging Marina construction and reconfiguration Natural gas pipelines

6. 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

7. 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

8. Resources we protect-Hardbottom Habitat • Habitat • Recreation • Food source • Shoreline protection

9. 3 Types of Authorizations Proprietary SPGP Corps Permit Issued by the State Activities pertaining to state lands “Public Property” Regulatory Environmental Rules Exemptions, Permits

10. 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

11. 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

12. John and Jane Doe Mr. and Mrs. Home/ Mailing Address City, FL Zip Phone # E-mail/ address Fill out your mailing address

13. 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

14. Fill out additional contractor information- if present The same information for any contractor involved

15. 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

16. 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.

17. 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

18. What to include on drawings: Checklist

19. Forms of Regulatory Authorization • Exemption - unlinked • Noticed General Permit - unlinked • Standard General Permit - linked • Individual Permit - linked • Mangrove General & Individual Permits

20. 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!!!

21. 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.

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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!!

33. 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.

34. 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

35. 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)

36. 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

37. QUESTIONS???