Permitting

Regulatory newsletter
January 2017, Issue 8
Improved map feature makes it easy to enter permitting application information

A new feature has been implemented in the district’s e-Permitting system that will assist applicants and consultants with submitting project information in a more efficient and accurate way.

When submitting an environmental resource permit (ERP), consumptive use permit (CUP) or water well construction permit (WWC) application via the district’s e-Permitting portal, the project location information is a required field and must be provided to continue. The new ERP map tool allows you to select parcels and (or) draw a boundary line to create a map quickly and accurately. The parcel selection and boundary line features are also now available for the CUP and WWC permit applications.

Using the map tool will create an image that automatically loads into the e-Permitting portal and populates the key fields such as the county, section-township-range, parcel number and latitude/longitude fields. The ability to hand draw project boundaries will facilitate the delineation of project boundaries associated with linear projects and projects with boundaries that deviate from existing parcel boarders. The ability to upload your own project boundary map or carry forward a project boundary map from a previous permit sequence is also available. For CUP and WWC permit applications, the tool allows the applicant to pinpoint and reposition new station locations.

If you have any questions concerning the map tool, please contact our Customer Service Line at 386-329-4570 or at permitting@sjrwmd.com.

District permit exemptions for seawall restoration and dock repairs
A dock that has been damaged

Florida Administrative Code allows for some exemptions to district permitting for dock repairs.

Hurricane Matthew caused heavy damage to docks, piers and seawalls throughout Florida in October 2016. As some people continue to recover from the storm, it’s helpful to know that Chapter 62-330.051, Florida Administrative Code (F.A.C.), describes exempt activities, including certain activities involving dock/pier and shoreline stabilization repair that can occur without the need to obtain a district permit.

Docks and piers
Chapter 62-330.051(5)(d) F.A.C., allows the replacement or repair of existing docks and piers in accordance with Chapter 403.813(1)(d),
Florida Statutes (F.S.), provided the existing structure is still functional or has been rendered non-functional within the last year by a discrete event, such as a storm, flood, accident or fire. Although docks that fall into this category are exempt from the need to obtain a district permit, if they are located in state-owned submerged lands, they are required to obtain the appropriate sovereign submerged land authorization provided under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.

Shoreline stabilization
Chapter 62-330.051(12)(b), F.A.C., and Chapter 403.813(1)(e), F.S.; allow the restoration of a seawall or shoreline rip rap, provided the seawall or riprap has been damaged or destroyed within the last year by a discrete event, such as a storm, flood, accident or fire, or where the seawall or rip rap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair, and does not involve land reclamation as the primary project purpose. In addition, restoration shall be no more than 18 inches waterward of its previous location.

Generally, replacement and repair projects do not qualify for permit exemptions if the replacement structure increases in size or changes location. In addition, district permit exemptions do not eliminate the need for a person to obtain authorizations required by other local, state, regional or federal agencies. For example, environmental resource permit (ERP) exempt activities occurring on state-owned submerged land typically require a separate state-owned land authorization, in the form of either a letter of consent, easement or lease under Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., as applicable.

If a person desires verification that an activity qualifies for an exemption, they may submit their request to a district service center in accordance with the procedure defined in Chapter 62-330.050, F.A.C., and Sections 4.2.1 and 4.4 of the ERP Applicant’s Handbook Volume I.

Know the requirements of USACE permits issued by the district

On July 26, 2016, the U.S. Army Corps of Engineers (USACE) issued a new State Programmatic General Permit (SPGP V) that authorizes the Florida Department of Environmental Protection and any water management district that enters into a coordination agreement with USACE to issue a permit on behalf of USACE for certain types of projects with relatively minor impacts to wetlands or surface waters. The St. Johns River Water Management District entered a coordination agreement with USACE on July 26, 2016, that allows the district to determine whether a project qualifies for the SPGP V.

The USACE authorization is limited to the following types of projects: (1) shoreline stabilization, (2) boat ramps, (3) docks, piers, and other minor piling supported structures, (4) maintenance dredging of canals and channels, and (5) minor transient projects (such as derelict vessel removal, certain geotechnical investigations, and living shoreline projects).

While similar in nature, SPGP IV-R1 (which expired on July 25, 2016) and SPGP V do not authorize the same scope of projects. If you recently received an SPGP IV-R1 authorization on or before July 25, 2016, authorization to use this permit is automatically extended for one calendar year only if the project was funded for construction by July 25, 2016. If your project was not funded for construction by July 25, 2016, and you need to receive re-authorization under SPGP V, please contact the district to confirm your project qualifies for SPGP.

Noticing of permit applications to USACE

The U.S Army Corps of Engineers (USACE) previously received paper or electronic copies of environmental resource permit (ERP) applications that are submitted to the St. Johns River Water Management District. However, USACE staff now have an e-permitting account that allows them to view all the applications that are submitted and are marked as having wetlands onsite. USACE staff also have the ability to sort, download and print the applications for further review. It is important to ensure the wetlands box is checked in the application when applying through e-permitting so that USACE is notified in a timely manner.

February 2017

Understanding pollutant loading analysis as part of the permitting process

What is pollutant loading? Pollutant loading is a combination of the estimation of the volume of runoff expressed in acre-feet, and the concentration of the specific pollutant of concern expressed in milligrams/liter, contributed from a designated drainage basin area. Pollutant load is commonly expressed as pounds/year or kilograms/year.

What is a pollutant loading analysis? Typically, a pollutant loading analysis is performed to show that a post-development pollutant load discharged from a project to a receiving water body will be less than the pre-development pollutant load.

When would a project require a pollutant loading analysis? Typically, a pollutant loading analysis is performed when a project will have a direct discharge to an impaired water body or for a stormwater quality retrofit project. Additionally, General Permits for Airport Airside activities (62-330.449, Florida Administrative Code [F.A.C.]) and Urban Infill and Redevelopment activities (62-330.450, F.A.C.) utilize a pollutant loading analysis. Also, for projects that are within the Lake Apopka Hydrologic Basin, section 13.7 of the Applicant’s Handbook, Volume II, contains a methodology for calculating pre- and post-total phosphorus loads.

Before submitting a pollutant loading analysis, we encourage you to contact staff in the appropriate district service center for information and assistance regarding the specifics of a pollutant loading analysis and available technical references for estimating pollutant concentrations.

January 2017

Environmental resource permit tolling and extensions resulting from Florida’s declarations of a state of emergency

Floridians encountered a number of weather, health and safety emergencies during 2016. When such emergencies occur, there is a process that allows for the tolling and extension of an environmental resource permit (ERP) issued by the district under Part IV of Chapter 373,
Florida Statutes (F.S.), under certain circumstances. Section 252.363, F.S. provides for the tolling of certain valid ERPs during the declaration of a state of emergency issued by the governor and an extension of an additional six months following the tolled period.

The holder of the ERP must notify the district, in writing, within 90 days after the termination of the emergency declaration. The ERP must be in substantial compliance with the permit requirements. The permitted project must be located within the geographic area identified in the emergency order. Time extensions provided under Section 252.363, F.S., do not apply to other types of permits or authorizations, such as programmatic or regional general permits by the U.S. Army Corps of Engineers, formal wetland determinations, consumptive use permits, water well construction permits, or state-owned submerged land authorizations.

For more information on whether an ERP qualifies for a tolling of time and extension in accordance with Section 252.363, F.S., please contact one of following district staff for assistance:

Staff member E-mail Telephone number
Allen Bagget abaggett@sjrwmd.com 386-329-4565
Marc Van Heden mvanhede@sjrwmd.com 321-676-6604
William Carlie wcarlie@sjrwmd.com 407-659-4833