florida department of environmental protection we are “slerp” state lands & environmental...

Florida Department of Environmental Protection

We are “SLERP”

State Lands & Environmental Resources

21 staff

150 person Central District

1 of 6 of regulatory districts

Part of DEP’s Division of Water Resources

1 of 3 DEP regulatory divisions

Florida Department of Environmental Protection

Acting on behalf of…The Governor & Secretary

Board of Trustees of the Internal Improvement Trust Fund (Governor & Cabinet)

Army Corps of Engineers

Two water management districts

Two sides of the house

Regulatory = Environmental

Wetlands

Other resources

Pollution

July 14, 2011

Proprietary = State property (sovereign submerged lands)

Clear agreements

Fair (as per rules) use of land

Revenue

Florida Department of Environmental Protection

You need an Environmental Resource Permit (ERP) for…

Most land alterations and construction in uplands, wetlands, and other surface waters

As per 62-343.050(1), F.A.C.

Florida Department of Environmental Protection

Typical projectsElectric/phone lines

Single family homes

Water Mgt. District projects

Special cases

Marinas

Docks

Seawalls

Beltway

High speed rail

Landfills

Power plants

Water plants

Pipelines

You need State Lands Authorization for…

In, on, over, or under state-owned submerged lands

Landlord/tenant relationship & agreements

Revenue

“Cumulative” and concurrent with ERP

July 14, 2011

Florida Department of Environmental Protection

DEP & the Water Mgt. Districts: Division of labor

WMDs

Residential & commercial development

Roads

Agriculture

Associated SSL Authorization w/ the above

DEP

Single family residences

Marinas not associated w/ other upland development

Utilities

Governmental dredging & other “in water”

Sovereign Submerged Lands Authorization tied with these projects

Governed by operating agreements as per 62-113, F.A.C.

Florida Department of Environmental Protection

Commenting agencies and branches:Florida Fish & Wildlife

Florida Dept. of State Division of Historical Resources

DEP office of Coastal and Aquatic Managed Areas

DEP Division of State Lands

DEP Engineering Evaluation Section

DEP Division of Rec & Parks

Florida Department of Environmental Protection

Outstanding Florida Waters & Aquatic Preserves

Butler Chain Outstanding Florida Waters

Wekiva River Outstanding Florida Waters & Aquatic Preserve

Econlockhatchee RiverOutstanding Florida Waters

Florida Department of Environmental Protection

Impaired Waters

Crane Strand & Long Branch

Lake Carlton, Beauclair and Apopka

Lake Jesup

Florida Department of Environmental Protection

Our various branches: Delineations

Jim Lee

1/8 of an FTE

Plays by the rules

Head trainer

25 paid delineations per year

Florida Department of Environmental Protection

Stormwater engineeringDeb and Leo

¼ of an FTE

Presumptive criteria & new rule

“make the world into a better place”

Water Mgt. Districts

Florida Department of Environmental Protection

SLERP permittingLisa and Erica

About ½ FTE

280 permits in four years

200 with State Lands

Florida Department of Environmental Protection

Key factors in review of applications:No net loss

Avoid, minimize, mitigate

Water storage

Water quality

Flushing issue

Sovereignty submerged lands

Cumulative impacts

Secondary impacts

Looking for “reasonable assurance”

Florida Department of Environmental Protection

SLERP compliance

Terry, Jennifer, Leo and the interns

½+ FTE

Focused efforts: onsite mitigation stormwater in impaired basins

Influence the permittee

Florida Department of Environmental Protection

SLERP enforcementPamela, Lauren and Sirena

About ½ FTE

Stay informal

About 80 complaints in Orange County per year

Divide and conquer with EPD

“reasonable” and “discretion”

Florida Department of Environmental Protection

Key factors in enforcement:

“allowable”?

Same factors as permitting

More grey

“Reasonable” application of the law & rules – discretion

Florida Department of Environmental Protection

Your FTE scorecardBRANCH FTEsPermitting .5Enforcement .5Compliance .25Delineation & training .125Administrative support .25 Total 1.625 FTEs

The importance of experts

Florida Department of Environmental Protection

120 rights:

• Window that opens - and shuts

• Publish public notice

• 14 or 21 days to challenge DEP’s intent

• Burden of proof

• Go to hearing – or forever hold your peace

Florida Department of Environmental Protection

Tales of the unusual

• Pilot projects

• General Drive Septage

• Alligators in stormwater ponds

Florida Department of Environmental Protection

Streamlining SLERPOngoing: More exemptions, NGPs, self-certs “LEAN” at direction of Secretary Vinyard

Emphasis on:Pre-application meetings and “completeness assistance”

Goal:Issue 90% of permits within 180 days

Keeping score as of July 1

Since 2005: “Wildly Important Goals”

Florida Department of Environmental Protection

Noticed General Permits“Already issued” in 62-341 F.A.C.$100 feeNo more than one RAI

• Artificial reefs• Certain boat ramps• Private docks up to 2,000 sq. ft.• Rip rap in front of seawalls• Culverted roadway crossings & bridges over artificial

waters• Some FDOT, county & city road & bridge activities within

ROW• Relocation of aerial power & phone lines for road

improvements • Certain utility cable, conduit & pipeline installations &

crossings• Environmental restoration & enhancement by DEP &

WMDs

Florida Department of Environmental Protection

Self-certifications• Single family docks

• Single family dock with a boat lift

• Repair or replace of a single family dock

• Addition of a boat lift

• Notice General Permit riprap at the toe of an existing seawall

Florida Department of Environmental Protection

Exemptions: • “Dry” transmission lines

• Little docks

• Little boat ramps

• Dock repair or replace

• Seawall restore or replace

• Maintenance dredging of channels

• Pipe or culvert repair

• Aid to navigation installation

• Transmission line placement on or in river/lake

• Single family stormwater facilities

• Limited plant removal from shorelines

• Floating vessel platforms

403.813, FS

De minimis373.406(6), FS

Grandfathered 373.414 (11)-(16), FS

Florida Department of Environmental Protection

One of the 23% out of compliance