1. Submerged Lands and Environmental Resources
Statewide Environmental
Resource Permitting
Florida Energy Pipeline Association
July 18, 2012
Richard Musgrove, P.E.
State Stormwater Engineer

2. Purpose of the ERP Program
Protecting Florida’s 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
Programs
Each permit application is processed by one – and
only 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 After
5 rules, different requirements One statewide rule applied to all
5 interpretations, inconsistent One interpretation, guided by DEP
application
Different permitting thresholds and Statewide consistency
criteria
Different application and reporting Common, streamlined forms
forms
Ultimately one system, Expanded
Multiple data systems, no integration e-permitting
Different outcomes for similar Consistent, predictable outcomes
projects
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 Rule
Complete rule implementation in early 2013
FDEP 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 Page
Workshops 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&A’s
at various sites)
Regional differences and all stormwater criteria will be retained,
largely in the Applicants Handbook II (BOR) at the WMD level
Statewide Stormwater Rules? Possibly Phase II
11

12. Questions?
Richard Musgrove, P.E.
State Stormwater Engineer, BSLER
Florida Department of Environmental
Protection
(850) 245-8520
Richard.Musgrove@dep.state.fl.us
12