Title: Environmental Resource Permit Workshop
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Permanent Link: http://ufdc.ufl.edu/WL00004519/00001
 Material Information
Title: Environmental Resource Permit Workshop
Physical Description: Book
Language: English
Publisher: Dept. of Environmental Protection & Water Management Districts
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Environmental Resource Permit Workshop (JDV Box 91)
General Note: Box 23, Folder 1 ( Miscellaneous Water Papers, Studies, Reports, Newsletters, Booklets, Annual Reports, etc. - 1973 -1992 ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004519
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



























Existing Programs


MSSW
Jurisdiclion Any construction
on upland, water
or wetland areas


Criteria


Dredge and Fill
Dredging and filling
In contiguous
wetlands and
surface waters


Harm to water Public Interest


resources and
objective 9 of
District


and water quality


The Streamlining Concept
* Combine wetland protection
programs in Part IV of Ch. 373 as an
"Environmental Resource Permit"

* Repeal Henderson Act

* No reduction in Part IV authority

* Provide unified wetland definition
and methodology


,|-4


Approach to ERP Rulemaking
* Establish framework for statewide,
consistent ERP rule (chapter 40X-400,
F.A.C. and associated handbook)

* Modular approach
- Phase I: Natural Systems
- Phase II: Quantity and Quality criteria




-


RULEMAKING REQUIREMENTS OF
STREAMLINING BILL

RULE: DEADUNE:
DELINEATION
METHODOLOGY FOR
SURFACE WATERS& JANUARY t, 1904
WETLANDS
MmGATION BANNING JANUARY 1, 1094
SECTION 373.414 RULES
(PERMrTTING RULES FOR JULY 1. 1094
ERP)
ROLE OF LOCAL ECE R
GOVERNMENTS DECEMBER 1. 1904


ERP RULES

*DEP
-17-40 WETLAND DEUNEATION
17-341 ENVIRONMENTAL RESOURCE
PERMITS
-17-342 MITIGATION BANKING
17-343 ERP PROCEDURES
*WMDs
40X-1 ERP PROCEDURES
40X-400 ENVIRONMENTAL RESOURCE
PERMITS


Merging permitting programs













i
(MSSW) D/F




SEnvironmental
Resource Permit


373 PART IV
ERP PROGRAM



*WATER QUALITY
*WATER QUANTITY
NATURAL SYSTEMS (373.414) *


Rule Must Be Adopted by July 1, 194


ENVIRONMENTAL RESOURCE PERMIT
17-341 ( 40X-400)

PART 1 GENERAL PROVISIONS
Definitions
Exemptions
Types of Permits
Content of Application
Conditions for Issuance
-Variances
PART 2 GENERAL PERMITS
No Notice
Notice
Standard


- -


I










ERP PERMITTING HANDBOOK

* SECTION 1 ADMINISTRATIVE/GENERAL
PROCEDURES
SECTION 2 NATURAL SYSTEMS CRITERIA
*SECTION 3 WATER QUALITY
SECTION 4 WATER QUANTITY
*SECTION 5 OPERATIONS & MAINTENANCE
SECTION 6 FINANCIAL RESPONSIBILITY
SECTION 7 BASIN/GEOGRAPHIC SPECIFIC
CRITERIA


Amendments to ch. 40C-4
* Thresholds
zero threshold for dredging or filling in all
wetlands (currently zero lor isolated wetlands
only)

* Exemptions
incorporate existing dredge and fill exemptions
for activities that have little potential for harm

* Conditions for issuance
establish consistent conditions addressing
water quality, water quantity and wetlands

* Variances same as in D/F program








PERMITTING THRESHOLDS
(40C-4)
SAN INDIVIDUAL OR GENERAL PERMIT IS
REQUIRED FOR A SURFACE WATER
MANAGEMENT SYSTEM WHICH: *
Impounds Z 40 Acre Feet of Water
Serve Z 40 Acres of Land
Places X 12 Acre of Imperviou Surface
Which Constituten a 40% of the Total Land
Area
is Located In, On or Over any Wetland or
Other Surface Water
THREE HOU ARE OIFFERIET FOR EACH WMO


CRITERIA FOR ISSUANCE (40C-4.301)
ALL PROJECTS
* NO ADERSE IMPACTS TO:
*W*r Quallty

*Flookng
Eaxing Sdaue Wale orKao o Canmy
Wtland Fundor
SSeconday Impaa to WwIn Reou&vc
MakIna nce o Sudce or Goumd WalW Lavls or Floe
*ALSO MUST BE:
SCapable ol Behg Eleaely Implemented
Co4npno vAh 8"an A GeograpNc Spocllc ClerU
Conlderatmon of Puat aVIdaron
SConducted wVh 8ulAti FInncir Resporabliay
|-- .- _- -


INTERIM ERP RULES *

40- 1 PROCEDURES
40o- 4 ENVIRONMENTAL RESOURCE PERMITS
S40- 40 STANDARD GENERAL PERMITS
40C. 42 STORMWATER (NWFWMD ONLY)
40X-400 GENERAL PERMITS (FUTURE ERP
FRAMEWORK)
* PERMITTING HANDBOOK
(NATURAL SYSTEMS SECTION ONLY)



SDEP TO ICORPORAIE APPROPRIATE SECTIONS
BY REFERENCE


CRITERIA FOR ISSUANCE (40C-4.302)
ADDITIONAL CRITERIA FOR SURFACE WATERS & WETLANDS
COMPUANCE WITH:
Public Interest Criteria
Cumulative Impacts
Class II Waters & Shellfish Waters Criteria
Vertical Seawalls


INTERIM RULES (Continued)


* 17-330 WMD RULES ADOPTED BY REFERENCE
* ADDITIONAL RULES
S17-4 FEES
17-340 DELINEATION OF SURFACE
WATERS AND WETLANDS
-17-341 GENERAL PERMITS
17-342 MITIGATION BANKS
17-343 ERP PROCEDURES
17-101 & 17-113 OPERATING AGREEMENTS


CONDITIONS FOR ISSUANCE



* 40C-4.102 CRITERIA FOR ALL SYSTEMS
*40C-4.103 ADDITIONAL CRITERIA FOR
SURFACE WATERS AND
WETLANDS


Public interest test
* Existing DEP D/F criteria

* Explained the seven criteria based upon
DEP training and past agency practice

* Fish and wildlife review will be based on the
more comprehensive criterion in 3.2.2


.~...I


- -- --~-


- ~-----







PROPOSED GENERAL PERMITS
SNO NOTICE (40X-400)
Similar to a Conditional Exemption
NOTICE (40X-400)
Existing D/F GPs and new GPs that DEP was
Already Working On
STANDARD (40X-40)
Must Not be Capable of Impounding a
Volume > 120 Ac. Ft
System Does not Serve a Project of > 100
Ac. Total Land Area
Alteration or Construction, Including D/F in
< 1 Ac. of Wetlands or Other Surface Waters







Natural Systems Handbook
* Reduction/elimination of impacts
* Conditions for Issuance/Specific criteria
values of wetlands for fish and wildlife
public interest test
water quality
shellfish harvesting areas
vertical seawalls
secondary impacts
cumulative impacts

* Mitigation
financial responsibility


WHAT IS A PRACTICABLE MODIFICATION?

DOES NOT MEAN:
NOT IMPLEMENTING THE SYSTEM IN SOME FORM
A PROJECT THAT 1I SIGNIFICANTLY DIFFERENT IN
TYPE OR FORM
A MODIFICATION THAT REMOVES ALL ECONOMIC
VALUE OR 16 OTHERWISE NOT ECONOMICALLY
VIABLE
A MODIFICATION THAT ADVERSE ELY IMPACTS
PUBLIC SAFETY
-NEED NOT PROVIDE:
THE HIGHEST AND BEST USE OF THE PROPERTY











FISH, WILDLIFE, LISTED SPECIES &
HABITATS

SNO ADVERSE IMPACTS TO VALUE &
FUNCTIONS:

ABUNDANCE & DIVERSITY

HABITAT


FISH & WILDLIFE CRITERIA *


* PRESUMED TO BE MET IN:
UPLAND CUT DRAINAGE DITCHES *
UVESTOCK WATERING PONDS <0.5 AC. *


QUALITY & QUANTITY CRITERIA STILL APPLY
" EXCEPT THOSE THAT PROVIDE SIGNIFICANT
HABITAT FOR THREATENED OR ENDANGERED
SPECIES







PUBLIC INTEREST TEST
CONSIDERATION OF
PUBLIC HEALTH, SAFETY & WELFARE
FISH & WILDLIFE AND THEIR HABITATS
NAVIGATION WATER FLOW, EROSION &
SHOALING
*FISHERIES, RECREATION, MARINE
PRODUCTIVITY
TEMPORARY OR PERMANENT
HISTORICAL AND ARCHAEOLOGICAL
RESOURCES
*CURRENT CONDITION AND RELATIVE VALUE
OF FUNCTIONS


3.2.4. A.H., pp. 14-1I


0


Reduction/elimination of impacts
* Based on current DEP approach
* District will suggest modifications on
the site to reduce or eliminate impacts

* Applicant must respond in writing and:
Y demonstrate modifications not practicable
i provide equivalent reduction through
alternative modifications
V implement practicable modifications

* Practicable
Economic viability
v Public safety (endangerment)
321 A p4


ISOLATED WETLANDS

* FISH & WILDUFE & WATER QUANTITY
CRITERIA PRESUMED TO HAVE BEEN MET
FOR ISOLATED WETLANDS <0.5 AC. IN SIZE.
EXCEPT WHERE THE WETLAND IS:
USED BY THREATENED OR ENDANGERED
SPECIES
LOCATED IN AN AREA OF CRITICAL STATE
CONCERN
CONNECTED TO OTHER WETLANDS
TOTALLING >0.5 AC. AT SEASONAL HIGH
WATER


Water quality
SIn addition to stormwater treatment requirements
* Existing DEP D/F approach to water quality
* Consider short term and long term Impacts of
activities In waters, such as dredging or filling
* Specific requirements for docking facilities











Shellfish areas and seawalls
* Existing DEP requirements

* Special criteria for shellfish harvesting areas
in order to prevent adverse water quality impacts

* Statutory restrictions on vertical seawalls in
estuaries








3 2 5 and 3 2 6. A.H pp. 1p -20





Secondary impacts
Upland habitat consideratlons(under development)
'Existing DEP approach-consider impacts to f&w
in uplands when very closely linked and causally
related to an activity in wetlands or other SWs
'Existing SJRWMD approach-consider impacts to
nesting/breeding and corridor functions of uplands
for aquatic or wetland dependent listed species

Uses of the system

Future exparslon Impacts

Historical resources in uplands when closely linked
and causally related to activity In wetlands or SW


3 2 1. A H pp. 20.25


Secondary Impacts

Part la Impacts to upland habitat for
nesting for aquatic and wetland dependent
listed species

Welland



r Eagle Nest


S'Weland /// Wetland
S/ /1









Cumulative impacts
* Taken from SJRWMD policy of 9/8/93
* Based upon 373.414(8), F.S.
* Consider:
/ Proposed project with past impacts
/ Proposed project with future Impacts







3.2.. A.H.. pp. 25-27


OTHER ISSUES
*PROCEDURES
Procedural Rule
-Fees
SApplication Forms
DEP District/Bureau Split
ADDITIONAL GPs BEING DEVELOPED
FORMAL WETLAND DETERMINATION
PROCEDURES (Under Development)
CONFORMING AMENDMENTS (Under
Development)
* REVISED OPERATING AGREEMENTS


MITIGATION
* BASED PRIMARILY UPON DEP/WMD RULES
* NET IMPROVEMENT
* CRITERIA FOR LOCATION AND TYPE
* RATIO GUIDELINES FOR RESTORATION,
ENHANCEMENT, CREATION AND
PRESERVATION
* MITIGATION PROPOSALS
* MONITORING
* MITIGATION SUCCESS
* FINANCIAL RESPONSIBILITY
* CONVEYANCE REQUIREMENTS
U. AM. PP. 2&46


SCHEDULE


* PUBUC WORKSHOPS FEBRUARY 14-17
* AUTHORIZATION TO PUBUSH IN FA.W.
* PUBUC WORKSHOP ON STORMWATER (4OC-42) IN
NWFWMD
* PUBUC WORKSHOPS WITH WMD BOARDS APRIL
* FINAL ADOPTION MAY WMD BOARD/ERC MEETINGS
* 2nd OPPORTUNITY FOR FINAL ADOPTION JUNE
WMD BOARD/ERC MEETINGS



LIIII


PROVIDE COMMENTS TO:
JANET G. LLEWELLYN

FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
2600 BLAIR STONE RD.
TALLAHASSEE, FL
32399-2400
BY:

MARCH 1, 1994

I I II




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