Presentation on theme: "We are “SLERP” State Lands & Environmental Resources"— Presentation transcript:
1We are “SLERP” State Lands & Environmental Resources 21 staff150 person Central District1 of 6 of regulatory districtsPart of DEP’s Division of Water Resources1 of 3 DEP regulatory divisions21 of us6 managers, incl. myself11 environmental specialists2 engineers2 administrative support staff1 intern
2Acting on behalf of… The Governor & Secretary Board of Trustees of the Internal Improvement Trust Fund (Governor & Cabinet)Army Corps of EngineersTwo water management districtsGov & Sec: Reduce regulatory burden. Translates to help our customers, less enforcement, more compliance assistance.We are agents for the Board of Trustees on issues concerning State-owned river and lake bottom. Some of the least latitude that we have with the rules. Ask ourselves, “if we had to take it before the Board…”Army Corps of Engineers gets a copy of all of our applications. In some simple projects, we act on their behalf with an authorization that represents both agenciesWater mgt. districts – in stormwater at least, we implement their rules under their basis of review…
3Two sides of the house Regulatory = Environmental Wetlands Other resourcesPollutionProprietary = State property (sovereign submerged lands)Clear agreementsFair (as per rules) use of landRevenueRegulatory = EnvironmentalWetlandsOther resourcesPollutionProprietary = State property (sovereign submerged lands)Clear agreementsFair (as per rules) use of landRevenueJuly 14, 2011
4You need an Environmental Resource Permit (ERP) for… Most land alterations and construction in uplands, wetlands, and other surface watersYou need a permit from DEP or the WMDsBefore you buildBy build, we mean construct, alter, operate, maintain, abandon, or removeAnything that potentially influences the movement or condition of waterOr that is in, on or over wetlands or surface watersThere are exempt activities for which you don’t need a permitBut they are specifically described in Florida rule and lawWe don’t have anything that I would call a variance processWe just make calls on the rules – like umpires.More and more, like umpires who will help you be “safe.”As per (1), F.A.C.
5Typical projects Beltway High speed rail Landfills Power plants Water plantsPipelinesElectric/phone linesSingle family homesWater Mgt. District projectsSpecial casesMarinasDocksSeawallsHere is an almost-comprehensive list of the types of projects we’ve worked on in Orange County.Take a moment to read it.Any of them you’d like to discuss?When people build these sorts of things w/out a permit and in some cases, a lease, we shift from permitting to enforcement.
6You need State Lands Authorization for… In, on, over, or under state-owned submerged landsLandlord/tenant relationship & agreementsRevenue“Cumulative” and concurrent with ERPJuly 14, 2011
7DEP & the Water Mgt. Districts: Division of labor WMDsResidential & commercial developmentRoadsAgricultureAssociated SSL Authorization w/ the aboveDEPSingle family residencesMarinas not associated w/ other upland developmentUtilitiesGovernmental dredging & other “in water”Sovereign Submerged Lands Authorization tied with these projectsGoverned by operating agreements as per , F.A.C.
8Commenting agencies and branches: Florida Fish & WildlifeFlorida Dept. of State Division of Historical ResourcesDEP office of Coastal and Aquatic Managed AreasDEP Division of State LandsDEP Engineering Evaluation SectionDEP Division of Rec & ParksFlorida Fish & WildlifeBald eagles, manatees, gopher tortoisesFlorida Dept. of State Division of Historical ResourcesIndian moundsDEP office of Coastal and Aquatic Managed AreasProjects in the aquatic preservesDEP Division of State LandsState Lands title determinationsDEP Engineering Evaluation SectionFlushing studiesDEP Division of Rec & ParksIf any of these groups can legally justify that a project would be counter to their rules, we take the applicant back to the drawing board.
9Outstanding Florida Waters & Aquatic Preserves Butler ChainOutstanding Florida WatersWekiva RiverOutstanding Florida Waters & Aquatic PreserveEconlockhatchee RiverButler ChainOutstanding Florida WatersWekiva RiverOutstanding Florida Waters & Aquatic PreserveEconlockhatchee RiverLike Florida, the rules are different here.In OFW, projects must be clearly in the public interest (instead of “not contrary to”)In aquatic preserves, projects are subject to tighter restrictions for stuff like sq. footage of docks
10Impaired Waters Crane Strand & Long Branch Lake Carlton, Beauclair and ApopkaLake JesupCrane Strand & Long BranchColiform and Dissolved OxygenLake Carlton, Beauclair and ApopkaTotal PhosphorusLake JesupNutrients and unionized ammoniaImportant because newly installed stormwater systems in these basins will need to cause net improvement of water quality.In South Fla Water Mgt District, every trib to Okeechobee is subject tighter restrictions must build 1.5 times the normal treatment volume for stormwater.
11Our various branches: Delineations Jim Lee1/8 of an FTEPlays by the rulesHead trainer25 paid delineations per yearJim Lee - our top wetlands expertKeeps us out of fightsFor Orange County: 1/8 of an FTEPlays strictly by the rules: Delineates wetlands as per FAC as per Section FSTrains our staffIn Orange County, does about 25 requested delineations in a yearFormerly a free serviceNow $100 each (by statute)
12Stormwater engineering Deb and Leo¼ of an FTEPresumptive criteria & new rule“make the world into a better place”Water Mgt. DistrictsDeb Laisure and Leo AngleroCertified professional engineer and an engineer who is as good as they comeFor you, ¼ of an FTE, but for us all the expertise we can get from these two peopleThey work from presumptive criteria - build it with this much capacity and we can certify water quality.That presumption may be flawed. New statewide stormwater rule is in the making and on hold.Remember that discharges to impaired waters must “make the world into a better place” – insisting on that doesn’t make us any friends.And remember we are working on behalf of… the WMD – we use their applicant’s handbooks and their basis for review
13SLERP permitting Lisa and Erica About ½ FTE 280 permits in four years 200 with State LandsLisa Prather and Erica GoshleskiAlmost 20 years experience between themAbout ½ FTEProducts:ExemptionsGeneral PermitsIndividual Permitsoften includes a State Lands authorizationIn Orange County over the past four years, we’ve issued 280 permits of which required a State Lands authorization
14Key factors in review of applications: No net lossAvoid, minimize, mitigateWater storageWater qualityFlushing issueSovereignty submerged landsCumulative impactsSecondary impactsLooking for “reasonable assurance”No net loss - of wetland function.First by aoidance and minimize. If you can’t avoid, then mitigate.Mitigation must be in basin.Water storage issues must be considered. Will the project cause offsite flooding – or drain land that should be wet. Can the property contain a 25-year 24-hour storm?How will the project affect water quality of receiving waters? Can we certify reasonable assurance of no impacts?Are there flushing issuesSovereignty submerged lands issues?What would be the cumulative impacts of the project – that is, If everybody in the basin did it, will the proposed system, considered in conjunction with past, present and future activities, be the proverbial “straw that breaks the camel’s back”? (X.2.8.1, AH or BOR)What would be the scondary impacts:Affect of boat wakes on wading birdsIncreased hazard to manateesShading of submerged grassbedsImpact associated with change in flushingPossible fuel spillImpacts to submerged archaeological sitesPublic interest (the seven sisters)Looking for “reasonable assurance”
15SLERP compliance Terry, Jennifer, Leo and the interns ½+ FTE Focused efforts:onsite mitigationstormwater in impaired basinsInfluence the permitteeTerry Riordan, Jennifer Green, Leo Anglero, and our interns½ FTEFocused efforts on onsite mitigation and stormwater in impaired basinsTrying to influence our permittees to improve chances of complianceNo one demanding we do this work - but we put a lot of energy into itHow busy are they? In the past year:8 state lands inspections in the past year30 stormwater inspections per year5 conservation easement inspections40 permit compliance inspections
16SLERP enforcement Pamela, Lauren and Sirena About ½ FTE Stay informal About 80 complaints in Orange County per yearDivide and conquer with EPD“reasonable” and “discretion”Pamela, Lauren and SirenaAbout ½ FTEWhere possible, we stay as informal as possible –Non-compliance letters (“please fix it”)Consent orders (formalized, legally binding timetable)Notice of violation (ready to go to court)Criminal investigation (book ‘em Danno)About 80 complaints in Orange County per yearDivide and conquer with EPDSeeking agreemnetns that are “reasonable” - we have considerable discretion established in case lawPenalties are established in law under ELRA, but with discretion, they are negotiable for “the greater good”Can’t file liens or go to special magistrateStatute of limitations - four year statutory requirement to go to court
17Key factors in enforcement: “allowable”?Same factors as permittingMore grey“Reasonable” application of the law & rules – discretion“allowable”?Wetlands (no net loss of wetland function)Avoidance and minimizationMitigation (in basin)Water storage & potential offsite impacts from a 25-year 24-hour stormWater treatment and water quality of receiving watersSovereignty submerged landsCumulative impactsSecondary impactsPublic interest“Reasonable” application of the law & rules – discretion
18Your FTE scorecard Permitting .5 Enforcement .5 Compliance .25 BRANCH FTEsPermitting .5Enforcement .5ComplianceDelineation & trainingAdministrative support .25Total FTEsThe importance of experts2ndary impactsAffect of boat wakes on wading birdsIncreased hazard to manateesShading of submerged grassbedsImpact associated with change in flushingPossible fuel spillImpacts to submerged archaeological sitesCumulativeIf everybody in the basin did it, will the proposed system, considered in conjunction with past, present and future activities, be the proverbial “straw that breaks the camel’s back”? (X.2.8.1, AH or BOR)
19120 rights: Window that opens - and shuts Publish public notice 14 or 21 days to challenge DEP’s intentBurden of proofGo to hearing – or forever hold your peace2ndary impactsAffect of boat wakes on wading birdsIncreased hazard to manateesShading of submerged grassbedsImpact associated with change in flushingPossible fuel spillImpacts to submerged archaeological sitesCumulativeIf everybody in the basin did it, will the proposed system, considered in conjunction with past, present and future activities, be the proverbial “straw that breaks the camel’s back”? (X.2.8.1, AH or BOR)
20Tales of the unusual Pilot projects General Drive Septage Alligators in stormwater ponds2ndary impactsAffect of boat wakes on wading birdsIncreased hazard to manateesShading of submerged grassbedsImpact associated with change in flushingPossible fuel spillImpacts to submerged archaeological sitesCumulativeIf everybody in the basin did it, will the proposed system, considered in conjunction with past, present and future activities, be the proverbial “straw that breaks the camel’s back”? (X.2.8.1, AH or BOR)
21Streamlining SLERP Ongoing: More exemptions, NGPs, self-certs “LEAN” at direction of Secretary VinyardEmphasis on:Pre-application meetings and “completeness assistance”Goal:Issue 90% of permits within 180 daysKeeping score as of July 1Since 2005: “Wildly Important Goals”Dry transmission linesLittle docksLittle boat rampsDock repair or replaceSeawall restore or replaceMaintenance dredging of channelsPipe or culvert repairAid to navigation installationTransmission line placement on or in river bottomLimited plant removal from shorelines
22Noticed General Permits “Already issued” in F.A.C.$100 feeNo more than one RAIArtificial reefsCertain boat rampsPrivate docks up to 2,000 sq. ft.Rip rap in front of seawallsCulverted roadway crossings & bridges over artificial watersSome FDOT, county & city road & bridge activities within ROWRelocation of aerial power & phone lines for road improvementsCertain utility cable, conduit & pipeline installations & crossingsEnvironmental restoration & enhancement by DEP & WMDsSomewhere in between an exemption and a permit is the “notice general permit.”These are permits that DEP has already issued, that the applicant can claim.And an almost-comprehensive list of the types of NGPsNote that we now have a self-certified NGP for rip rap placement.As a streamlining measure, DEP is trying to enable as many different kinds of self-certifications as possible
23Self-certifications Single family docks Single family dock with a boat liftRepair or replace of a single family dockAddition of a boat liftNotice General Permit riprap at the toe of an existing seawallTo date, rarely used in Orange County – did two compliance followups on Tuesday – the first in about three years.May do more now that we are doing more NGPs via self-cert.In 2010, 77% were built in compliance
24Exemptions:“Dry” transmission linesLittle docksLittle boat rampsDock repair or replaceSeawall restore or replaceMaintenance dredging of channelsPipe or culvert repairAid to navigation installationTransmission line placement on or in river/lakeSingle family stormwater facilitiesLimited plant removal from shorelinesFloating vessel platforms, FSDe minimis(6), FSGrandfathered(11)-(16), FSAnd here is another almost-comprehensive list of the sorts of projects that might be exempt in Orange County