1

February 5, 2014

2

State Water Management Districts (WMD)• Water Quality• Water Quantity (Flooding)• Wetland Impacts/State-listed wetland-dependent species

Federal U.S. Army Corps of Engineers (USACE)• Wetland Impacts• Federally-listed Species

Federal U.S. Coast Guard (USCG)• Navigable Bridge Projects; New or

Replacement

3

State Florida Department of Environmental Protection (FDEP)

• National Pollution Discharge Elimination System (NPDES)• Coastal Construction Control Line (CCCL)• Delegation Agreement (i.e.: Wekiva Parkway)

Florida Fish and Wildlife Conservation Commission (FWC)

• Gopher Tortoise Relocation Permits

4

Permit Determinations

What type of permit is required?

• Phase I Scope Review– Preliminary Permit Determination

• Phase II Scope Review– Permitting Recommendations Made

During Project Scoping Trip/Meeting

– RFP Development

• Phase III Scope Review– Develop Final Scope and Final Units

– Staff Hour Estimates

– Schedule

5

Water Management Districts within District Five

• St. Johns River Water Management District (SJRWMD)

• South West Florida Water Management District (SWFWMD)

• South Florida Water Management District (SFWMD)

6

SJRWMD

SFWMD

SWFWMD

7

Permit Coordination Meeting

• Major Projects• After draft pond site report submittal• Prior to 30% design submittal

• Minor Projects• After typical sections approved• Prior to Phase II (60%) design submittal

• Meeting Agenda Template for Consultants • Located on Project Dictionary Website

8

WMD Permit Determination Process

• Consultant makes determination prior to 60% submittal

• FDOT (drainage staff) agrees, disagrees or asks for more info

• Letter for permit determination only sent to the WMD when requested by drainage staff

9

10

WMD Permit Exemptions – Statewide Environmental Resource Permit (SWERP) (Oct 1, 2013)•(4) Bridges, Driveways, and Roadways –

(a) The replacement and repair of existing open-trestle foot bridges and vehicular bridges in accordance with Section 403.813(1)(l), F.S.

(b) Construction, alteration, or maintenance, and operation, of culverted driveway or roadway crossings and bridges of wholly artificial, non-navigable drainage conveyances, provided:

(c) Minor roadway safety construction, alteration, or maintenance, and operation,

(d) Resurfacing of existing paved roads, and grading of existing unpaved roads,

(e) Repair, stabilization, or paving of existing unpaved roads, and the repair or replacement of vehicular bridges that are part of the unpaved road

11

WMD Permit Exemptions – SWERP, continued• (7) Maintenance and Restoration ‒

(a) Maintenance dredging under Section 403.813(1)(f), F.S.

• (8) The installation of aids to navigation, including bridge fender piles, “No Wake” and similar regulatory signs, and buoys associated with such aids, in accordance with Section 403.813(1)(k), F.S.

• (9) Pipes or Culverts ‒ (a) Repair or replacement (b) Construction, alteration, operation, maintenance,

and removal of outfall pipes, together with associated headwalls, and energy dissipation baffles, rocks, and other scour-reduction devices at the outfall locations

(c) The extension of existing culverts and crossing approaches when done to accommodate an activity that does not require a permit under this chapter

12

WMD Permit Exemptions – SWERP, continued

• (12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization (a) Construction replacement, and

repair of seawalls or riprap in artificial waters and residential canal systems under Section 403.813(1)(i), F.S., including only that backfilling needed to level the land behind seawalls or riprap.

(b) The restoration of a seawall or riprap under Section 403.813(1)(e), F.S

13

WMD Environmental Resource Permits (ERPs)

• General

• Individual

14

General Permit• Minor wetland impacts for activities

within existing right-of-way

• Bridge repairs/widening, culvert extensions, pile jackets, etc.

• WMD Staff issued

• Estimated time for approval, 30 to 60 days

15

Activities Requiring a General Permit from WMD• 62-330.431 installation of riprap

• 62-330.439 construction or maintenance of culverted driveway or roadway crossings, and bridges of artificial waterways

• 62-330.443 minor bridge alteration, placement, replacement, removal, maintenance, and operation

• 62-330.447 minor activities within existing rights-of-way or easements

• 62-330.448 pave existing county or municipally owned and maintained roads, including the repair and replacement of bridges that are part of the roadway

16

Any project which does not meet the specific criteria described for Exemptions or General Permits, or will impact more wetlands than allowed by rule thresholds, will require an Individual ERP from appropriate WMD

•Individual Permit Wetland Impacts 0.5 acre or greater,

which do not specifically qualify for a General Permit

Project Area >100 acres Requires Executive Director Approval Estimated time for approval, 6-8 months

17

US Army Corps of Engineers (USACE)

Nationwide Permits• Minor wetland Impacts (usually 0.1 to 0.5 acres)

• 45-day time clock

• Nationwide Permits issued for only 2 years

• Nationwide Program expires every 5 years

18

Activities Requiring a Nationwide Permit from USACE1. Aids to Navigation

The placement of aids to navigation and regulatory markers which are approved by and installed in accordance with the requirements of the USCG (see 33 CFR, chapter I, subchapter C, part 66). (Section 10)

3. Maintenance (a) The repair, rehabilitation, or replacement of any previously

authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3

(b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap to protect the structure

19

Nationwide Permits from USACE - continued13. Bank Stabilization

Bank stabilization activities necessary for erosion prevention14. Linear Transportation Projects

Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.

20

Nationwide Permits from USACE - continued15. USCG Approved Bridges

Discharges of dredged or fill material incidental to the construction of a bridge across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills, provided the construction of the bridge structure has been authorized by the USCG under Section 9 of the Rivers and Harbors Act of 1899 or other applicable laws. Causeways and approach fills are not included in this NWP and will require a separate section 404 permit. (Section 404)

Any project which does not meet the specific criteria described above, or will impact more wetlands than allowed by rule will require an Individual Section 404 Dredge & Fill Permit from USACE.

21

USACE

Individual Permits• Requires a 30-day Public Notice

• Requires District Approval (Jacksonville)

• Requires WMD Permit

State Water Quality Certification (WQC)

• Estimated time for approval, 8-10 months

22

USACE Public Noticing• Negotiate ad task in all new scopes that may require

an individual permit (newspaper/mail labels)

• Notice must be provided to property owners that abut the project

23

USACE Permit Submittal Package• USACE will accept a separate permit package

• Everything must be 8 ½ x 11 black and white only

• Dredge/fill sketches required

• Include match lines for drawings

• Include avoidance and minimization discussion (Quality Enhancement Strategies)

• Adjacent property owners/Mail labels

• Can omit drainage information

24

Quality Enhancement Strategies (QES) for Wetland Impact Minimization•Developed by District Five to be used during the PD&E process to document/minimize impacts

•Documents the design changes implemented by the FDOT to minimize wetland impacts

25

QES for Wetland Impact MinimizationA. Early identification of wetland impacts at PD&E

and design stages

B. Determine avoidance strategies

C. Perform alternative design analysis

• Median widths

• Fill slopes

• Shoulder widths

• Guardrail

• Bridge vs. embankment

26

QES for Wetland Impact Minimization

Ponds:• Relocation of pond sites• Providing alternative treatment methods• Quantify impact reduction • Evaluate safety aspects• Provide cost of alternatives • Prepare written summary of analysis

and conclusions

27

USCG Bridge Permits

No Permits Required:• Minor repairs (in kind)• Non-navigable waterways

Permits Required:• Building bridges and changes to

structures in navigable waters• Horizontal and vertical clearance changes• Requires both the WMD permit (WQC) and

the federal dredge/fill permit (USACE)• Timeframe for issuance ± 12 months

28

FDEP Permits / Programs

NPDES Construction Generic Permit

CCCL Permit

29

FDEP NPDES Generic Permit for Construction

• Required for construction projects that have one-acre of soil disturbing activities

Excavation, clearing, grading and sod

• Identify erosion controls during design

• Develop stormwater pollution prevention plan (SWPPP) during design

• Contractor submits for permit coverage (NOI)

• RRR /Landscaping/Shoulder re-work

30

Impaired Waters / TMDLs

• Not a “permit”

• WMDs will have more restrictive water quality standards and treatment requirements for projects located within impaired basins.

• Projects located in a basin with an established TMDL may be required to limit post pollutant loading levels to that

of pre condition (i.e. no increase in pollutant loading).

31

FDEP CCCL Permit

• Element of Florida's coastal management• To protect the coastal system from improperly sited and

designed structures which can destabilize or destroy the beach and dune system.

• Establishes an area of jurisdiction in which special siting and design criteria are applied.

• Standards may be more stringent because of the greater forces expected to occur in the more seaward zone of the beach during a storm event. 

• If project lies within CCCL boundary, FDEP will issue the ERP

32

Mitigation for Wetland Impacts• Senate Bill 1986

• FDOT District 5 Mitigation Banks

• Private Mitigation Banks by competitive bid

• Special Basin Criteria – Wekiva, Econ, Lake Jesup, Tomoka/Spruce Creek

Sovereign Submerged State Lands (TIITF)

• ERP Process includes Sovereign Lands

• Important for Bridge Repair projects to research SSL Easement prior to Permitting

33

Commenting Agencies

State • Florida Fish and Wildlife Conservation Commission

• State Historic Preservation Office

• Florida Inland Navigation District (FIND)

Federal • U.S. Fish and Wildlife Service

• U.S. EPA

• National Marine Fisheries Services

• NRCS (for SWFWMD SHWTE determination)

34

State Commenting Agencies

Florida Fish and Wildlife Conservation Commission • Commenting agency under WMD permitting review

process • State protected species (upland and wetland dependent) • Avoidance and minimization• Specific species surveys• T&E mitigation may be required

Gopher tortoise permitting and relocations• A permit, separate from the ERP, is required

35

Federal Commenting Agencies

U.S. Fish and Wildlife Service• Federal protected species (upland and wetland dependent)• Avoidance and Minimization• Specific species surveys • Manatee provisions and special conditions

during construction • Bald Eagle delisting, but still protected

under Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act, and the Lacey Act

• Indigo snake determination key and standard protection measures

• Wood Stork determination key

36

Federal Commenting Agencies U.S. Fish and Wildlife Service

Endangered Species Act Section 7 Consultation

• Under USACE permitting review process• Biological Opinion• T&E Mitigation may be required

Section10 Consultation• When no USACE permit is required• Biological Opinion• T&E mitigation may be required

37

Federal Commenting Agencies

National Marine Fisheries • Commenting Agency under USACE

permitting review process

• Essential Fish Habitat (EFH) Assessments

• Habitat Area of Particular Concern

38

Statutory Time Frames

• State - Chapter 120 F.S.• State: 30 day review

• Federal – None • Exception is USACE NW permit

(45 days from PCN)

39

Permitting Agency Coordination

• There is none

• Only a joint application

• You must keep the agencies informed of changes in your projects

40

Permit Durations

• ERPs five years (10 years for some ERPS)

• USACE Individuals five years

• NWs – Max two years

Is your project going PID?

Funded for R/W or Construction?

• Consider requesting longer duration permit.

41

Now that you’ve applied for Environmental Permits…

• Did the USACE get their copy of the Joint ERP Application from the WMD? Did you send a separate submittal for projects with wetland impacts?

• Has the USACE published the Public Notice?

• Are there simple questions that can be answered prior to receiving an RAI?

• Review production schedule to meet production date.

42

In Summary, FDOT Permitting Process:

• All projects should be presented to the Permitting Office early on to tell us what type of permitting issues the consultant is anticipating.

• All permitting correspondence shall be copied to the Permitting Office for tracking purposes.

• Information not submitted may delay the final permits clear memo and production date.

• DRAFT Permit package submittals to Permitting Office require 2 week review time period for conventional projects (3 business days for D/B projects)

43

Communication with Agencies

• All email correspondence to WMDs should be copied to the FDOT permit coordinator

• Any meetings with agencies – FDOT permitting and PM staff should be invited – minimum 2 weeks prior to meeting occurrence

• USACE preference to coordinate with FDOT Permit Office directly

• Any issues or submittal for all regulatory agencies shall come through the Permitting Office first for review.

44

Any Questions?