Submerged Lands and Environmental Resources Florida Energy Pipeline Association July 18, 2012 Richard Musgrove, P.E. State Stormwater Engineer Statewide Environmental Resource Permitting
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1. Submerged Lands and Environmental ResourcesStatewide
Environmental Resource Permitting Florida Energy Pipeline
Association July 18, 2012 Richard Musgrove, P.E. State Stormwater
Engineer
2. Purpose of the ERP ProgramProtecting Floridas Water
Resources: Water Quality Water Quantity Management & Flood
Protection Wetland Functions & Other Environmental Resources
2
3. Types of ERP Authorizations 3
4. Statewide ERP Rule Implementation Department of
Environmental Protection All 5 Water Management Districts Delegated
Local ERP ProgramsEach permit application is processed by one
andonly one Agency 4
5. The Legislative Intent of HB 7003 for Statewide ERP
Authorizes FDEP to adopt a statewide ERP rule having multiple parts
for easy category access: Simplify and Streamline Permit Processing
Increase Consistency - Statewide - for Rules and Regulatory
Administration Retain Regional Differences in Hydrology and Geology
(Volume II of Applicants Handbooks) 5
6. Specifics of the Legislation Rules based on the existing
regional rules Collaborative rulemaking open and transparent
Reconcile arbitrary differences balanced approach Account for
legitimate physical & natural differences Continue existing
rules until statewide rule adopted Grandfather ongoing projects and
permits Continued DEP oversight and training Require delegated
local program consistency 6
7. Now .. . and After5 rules, different requirements One
statewide rule applied to all5 interpretations, inconsistent One
interpretation, guided by DEPapplicationDifferent permitting
thresholds and Statewide consistencycriteriaDifferent application
and reporting Common, streamlined formsforms Ultimately one system,
ExpandedMultiple data systems, no integration e-permittingDifferent
outcomes for similar Consistent, predictable outcomesprojects
7
8. Rules based on the existing regional rules Collaborative
rulemaking open and transparent Reconcile arbitrary differences
balanced approach Account for legitimate physical & natural
differences Continue existing rules until statewide rule adopted
Grandfather ongoing projects and permits Continued DEP oversight
and training Require delegated local program consistency 8
9. Chapter 62-330 FAC Provides for explanatory details on
permit requirements Provides consistent permit categories statewide
Provides all of the ERP Expanded Exemptions in one rule part (Part
I) Provides all Noticed General Permits in Part IV for all routine
limited impact projects including most utility work, gas and fuel
transmission and distribution lines, directional drilling and
geotechnical exploration Contains references for new FDOT and 10-2
minor development legislation implementation 9
10. Chapter 62-330 FAC Provides for explanatory details on
permit requirements Provides consistent permit categories statewide
Provides all of the ERP Expanded Exemptions in one rule part (Part
I) Provides all Noticed General Permits in Part IV for all routine
limited impact projects including most utility work, gas and fuel
transmission and distribution lines, directional drilling and
geotechnical exploration Contains references for new FDOT and 10-2
minor development legislation implementation 10
11. Where do we go from here? Statewide Environmental Resource
Permitting RuleComplete rule implementation in early 2013FDEP has
posted the initial draft of the SWERP (62-330 FAC) rule on our
website, open to the public for providing questions and comments on
the rule on a Discussion Forum PageWorkshops and any rule hearings
will be announced well in advance (the first workshop will be a
statewide webinar presentation on July 26 with local technical
teams for Q&As at various sites)Regional differences and all
stormwater criteria will be retained, largely in the Applicants
Handbook II (BOR) at the WMD levelStatewide Stormwater Rules?
Possibly Phase II 11
12. Questions?Richard Musgrove, P.E.State Stormwater Engineer,
BSLERFlorida Department of EnvironmentalProtection(850)
[email protected] 12