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