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 21 of us 6 managers, incl. myself 11 environmental specialists 2 engineers 2 administrative support staff 1 intern

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 Gov & 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 agencies Water mgt. districts – in stormwater at least, we implement their rules under their basis of review…

Two sides of the house Regulatory = Environmental Wetlands Other resources Pollution Proprietary = State property (sovereign submerged lands) Clear agreements Fair (as per rules) use of land Revenue Regulatory = Environmental Wetlands Other resources Pollution Proprietary = State property (sovereign submerged lands) Clear agreements Fair (as per rules) use of land Revenue July 14, 2011

You need an Environmental Resource Permit (ERP) for… Most land alterations and construction in uplands, wetlands, and other surface waters You need a permit from DEP or the WMDs Before you build By build, we mean construct, alter, operate, maintain, abandon, or remove Anything that potentially influences the movement or condition of water Or that is in, on or over wetlands or surface waters There are exempt activities for which you don’t need a permit But they are specifically described in Florida rule and law We don’t have anything that I would call a variance process We just make calls on the rules – like umpires. More and more, like umpires who will help you be “safe.” As per 62-343.050(1), F.A.C.

Typical projects Beltway High speed rail Landfills Power plants Water plants Pipelines Electric/phone lines Single family homes Water Mgt. District projects Special cases Marinas Docks Seawalls Here 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.

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

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.

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 Fish & Wildlife Bald eagles, manatees, gopher tortoises Florida Dept. of State Division of Historical Resources Indian mounds DEP office of Coastal and Aquatic Managed Areas Projects in the aquatic preserves DEP Division of State Lands State Lands title determinations DEP Engineering Evaluation Section Flushing studies DEP Division of Rec & Parks If 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.

Outstanding Florida Waters & Aquatic Preserves Butler Chain Outstanding Florida Waters Wekiva River Outstanding Florida Waters & Aquatic Preserve Econlockhatchee River Butler Chain Outstanding Florida Waters Wekiva River Outstanding Florida Waters & Aquatic Preserve Econlockhatchee River Like 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

Impaired Waters Crane Strand & Long Branch Lake Carlton, Beauclair and Apopka Lake Jesup Crane Strand & Long Branch Coliform and Dissolved Oxygen Lake Carlton, Beauclair and Apopka Total Phosphorus Lake Jesup Nutrients and unionized ammonia Important 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.

Our various branches: Delineations Jim Lee 1/8 of an FTE Plays by the rules Head trainer 25 paid delineations per year Jim Lee - our top wetlands expert Keeps us out of fights For Orange County: 1/8 of an FTE Plays strictly by the rules: Delineates wetlands as per 62-340 FAC as per Section 373.4211 FS Trains our staff In Orange County, does about 25 requested delineations in a year Formerly a free service Now $100 each (by statute)

Stormwater engineering Deb and Leo ¼ of an FTE Presumptive criteria & new rule “make the world into a better place” Water Mgt. Districts Deb Laisure and Leo Anglero Certified professional engineer and an engineer who is as good as they come For you, ¼ of an FTE, but for us all the expertise we can get from these two people They 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

SLERP permitting Lisa and Erica About ½ FTE 280 permits in four years 200 with State Lands Lisa Prather and Erica Goshleski Almost 20 years experience between them About ½ FTE Products: Exemptions General Permits Individual Permits often includes a State Lands authorization In Orange County over the past four years, we’ve issued 280 permits - 200 of which required a State Lands authorization

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” 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 issues Sovereignty 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 birds Increased hazard to manatees Shading of submerged grassbeds Impact associated with change in flushing Possible fuel spill Impacts to submerged archaeological sites Public interest (the seven sisters) Looking for “reasonable assurance”

SLERP compliance Terry, Jennifer, Leo and the interns ½+ FTE Focused efforts: onsite mitigation stormwater in impaired basins Influence the permittee Terry Riordan, Jennifer Green, Leo Anglero, and our interns ½ FTE Focused efforts on onsite mitigation and stormwater in impaired basins Trying to influence our permittees to improve chances of compliance No one demanding we do this work - but we put a lot of energy into it How busy are they? In the past year: 8 state lands inspections in the past year 30 stormwater inspections per year 5 conservation easement inspections 40 permit compliance inspections

SLERP enforcement Pamela, Lauren and Sirena About ½ FTE Stay informal About 80 complaints in Orange County per year Divide and conquer with EPD “reasonable” and “discretion” Pamela, Lauren and Sirena About ½ FTE Where 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 year Divide and conquer with EPD Seeking agreemnetns that are “reasonable” - we have considerable discretion established in case law Penalties are established in law under ELRA, but with discretion, they are negotiable for “the greater good” Can’t file liens or go to special magistrate Statute of limitations - four year statutory requirement to go to court

Key factors in enforcement: “allowable”? Same factors as permitting More grey “Reasonable” application of the law & rules – discretion “allowable”? Wetlands (no net loss of wetland function) Avoidance and minimization Mitigation (in basin) Water storage & potential offsite impacts from a 25-year 24-hour storm Water treatment and water quality of receiving waters Sovereignty submerged lands Cumulative impacts Secondary impacts Public interest “Reasonable” application of the law & rules – discretion

Your FTE scorecard Permitting .5 Enforcement .5 Compliance .25 BRANCH FTEs Permitting .5 Enforcement .5 Compliance .25 Delineation & training .125 Administrative support .25 Total 1.625 FTEs The importance of experts 2ndary impacts Affect of boat wakes on wading birds Increased hazard to manatees Shading of submerged grassbeds Impact associated with change in flushing Possible fuel spill Impacts to submerged archaeological sites Cumulative 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)

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 2ndary impacts Affect of boat wakes on wading birds Increased hazard to manatees Shading of submerged grassbeds Impact associated with change in flushing Possible fuel spill Impacts to submerged archaeological sites Cumulative 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)

Tales of the unusual Pilot projects General Drive Septage Alligators in stormwater ponds 2ndary impacts Affect of boat wakes on wading birds Increased hazard to manatees Shading of submerged grassbeds Impact associated with change in flushing Possible fuel spill Impacts to submerged archaeological sites Cumulative 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)

Streamlining SLERP Ongoing: 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” 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 bottom Limited plant removal from shorelines

Noticed General Permits “Already issued” in 62-341 F.A.C. $100 fee No 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 Somewhere 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 NGPs Note 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

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 To 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

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 minimis 373.406(6), FS Grandfathered 373.414 (11)-(16), FS And here is another almost-comprehensive list of the sorts of projects that might be exempt in Orange County

One of the 23% out of compliance