Overview of SLERP: Florida's State Lands & Environmental Resources Permitting Program

1. 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

2. 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

3. 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 July 14, 2011

4. 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.

5. 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

6. 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

7. 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.

8. 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

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

10. Impaired Waters Crane Strand & Long Branch Lake Carlton, Beauclair and Apopka Lake Jesup

11. Our various branches: Delineations Jim Lee 1/8 of an FTE Plays by the rules Head trainer 25 paid delineations per year

12. Stormwater engineering Deb and Leo ¼ of an FTE Presumptive criteria & new rule “make the world into a better place” Water Mgt. Districts

13. SLERP permitting Lisa and Erica About ½ FTE 280 permits in four years 200 with State Lands

14. 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”

15. SLERP compliance • Terry, Jennifer, Leo and the interns • ½+ FTE • Focused efforts: • onsite mitigation • stormwater in impaired basins • Influence the permittee

16. 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”

17. Key factors in enforcement: “allowable”? Same factors as permitting More grey “Reasonable” application of the law & rules – discretion

18. Your FTE scorecard BRANCHFTEs Permitting .5 Enforcement .5 Compliance .25 Delineation & training .125 Administrative support .25 Total 1.625 FTEs The importance of experts

19. 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

20. Tales of the unusual • Pilot projects • General Drive Septage • Alligators in stormwater ponds

21. 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”

22. 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

23. 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

24. “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 Exemptions: De minimis 373.406(6), FS Grandfathered 373.414 (11)-(16), FS

25. One of the 23% out of compliance