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Environmental Resource Permitting Statewide Environmental Resource Permitting (SWERP) SWERP • As of October 1, 2013 Chapter 62-330, F.A.C. is the active rule source. • New SWERP Website located at http://www.dep.state.fl.us/water/wetlands/swerp/index.htm • In addition, please visit our Southwest District website for more helpful information at: http://www.dep.state.fl.us/southwest/erp/ - Checklists - Project Drawings - Self-Certification Guidance - Other governmental delegations (Hillsborough County Environmental Protection Commission, Army Corps) *No longer using Chapter 40D-4, F.A.C. Rules. *Pre-Application Meetings are always welcomed! 3/19/2014 2 SWERP • Utilities Exemptions 62-330.051(14), F.A.C. • Installation, Maintenance, Repair and Removal of Underground Utility Lines General Permit 62-330.453, F.A.C. • Construction of Aerial Pipeline, Cable, and Conduit Crossing of Certain Waters General Permit 62-330.455, F.A.C • Subaqueous Utility Crossing of Artificial Waterways General Permit 62-330.457, F.A.C. • Construction and Maintenance of Electric Power Lines by Electric Utilities General Permit 62-330.458, F.A.C. • Relocation of Aerial Electric and Communication Lines Associated with Road Improvement General Permit 62330.459, F.A.C. 3/19/2014 3 Applications and Processing Fee • Applications can be submitted in the following ways: - E-Permitting http://www.fldepportal.com/go/ - Applications may be emailed to [email protected] or mailed to the District Office* • Processing Fee: -Mail check to district office or pay online https://www.fldepportal.com/go/home/ • Check other agencies for additional permitting requirements 3/19/2014 4 Environmental Resource Permitting Utilities Exemptions Pursuant to 62-330.051(14), Florida Administrative Code 62-330.051(14)(a) • Installation of overhead transmission lines in accordance with Section 403.813(1)(a), F.S. 403.813(1)(a), F.S. The installation of overhead transmission lines, with support structures which are not constructed in waters of the state and which do not create a navigational hazard. Source: http://www.dep.state.fl.us/siting/transmission.htm 3/19/2014 6 62-330.051(14)(b) • Installation of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(m), F.S. 403.813(1)(m), F.S. The installation of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of waters in the state, except in Class I and Class II waters and aquatic preserves, provided no dredging or filling is necessary. Source: ERP Site Inspection Photo 7/21/2015 7 62-330.051(14)(c) • Replacement or repair of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(n), F.S 403.813(1)(n), F.S. The replacement or repair of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of waters of the state. Source: ERP Site Inspection Photo 7/21/2015 8 62-330.051(14)(d) • Preserve, restore, repair, remove or replace an existing communication or utility pole or aerial transmission or distribution line. • No dredging or filling in wetlands or other surface waters except to remove poles and replace them with new poles. • Allows for the placement of temporary mats needed to access the site in accordance with *62330.051(7)(f), F.A.C. • Must not increase the voltage of existing power lines or relocate existing poles/lines more than 10 feet in any direction from their original location. 7/21/2015 Source: ERP Site Inspection Photo 9 62-330.051(14)(d) cont’d 62-330.051(7)(f), F.A.C. Construction Matting for Temporary Access • No cutting or clearing of wetland trees having a diameter 4 inches or greater at breast height; • Maximum width of construction access area shall be 15 feet; • Mats shall be removed no more than 72 hours after they are placed; and • Areas disturbed for access shall be restored to natural grades 7/21/2015 Source: ERP Site Inspection Photo 10 62-330.051(14)(e) • Installation, removal, and replacement of utility poles that support telecommunication lines or cables, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support those poles. Source: ERP Site Inspection Photo 7/21/2015 11 62-330.051(14)(e) cont’d 1. 2. 3. 4. 5. 6. 7. 7/21/2015 No more than 15 utility poles; No permanent placement of fill other than utility poles and anchoring devices; No work in forested wetlands located within 550 feet from the mean or ordinary high water line of an Aquatic Preserve or an OFW; Minimal vehicle usage in wetlands; Temporary mats for access is permitted, but shall be removed 30 days after completion of work; Temporary disturbance within wetland limited to 0.5 miles in length, 30 feet in width and 0.5 total acres; Utility right-of-way maintenance limited to clear corridor of 15 feet wide and total area of 0.25 acres 12 62-330.051(14)(e) cont’d 8. 9. 10. 11. Pre-work ground elevations and contours shall be restored within 30 days of completion of the work; Water jets shall not be used unless they meet certain exceptions; Utility poles and associated bases and anchoring devices shall not interfere with navigation or impede water flow in wetlands; and Work is conducted in compliance with subsection 62-330.050(9) Source: DEP website 7/21/2015 13 62-330.051(14)(f) • Excavation or dredging of temporary trenches to install utilities such as communication cables, water lines, and electrical lines, provided: 1. 2. 3. Material is not deposited within wetlands or other surface waters; Backfilling is completed within 24 hours of disturbance; and Work is conducted in compliance with subsection 62-330.050(9), F.A.C. Source: DEP website 7/21/2015 14 Exemption Information: • All exemptions have an associated $100.00 fee; • Complete Exemption applications will be processed within 30 days of receipt. • Multiple exempt activities on one parcel may be processed as one authorization. i.e., road maintenance, utilities, etc. 7/21/2015 15 Environmental Resource Permitting General Permit for the Installation, Maintenance, Repair and Removal of Utility Lines Pursuant to 62-330.453, Florida Administrative Code 62-330.453(1)(2) 1. This general permit is granted for the installation, maintenance, repair, and removal of underground utility lines, cable, conduit, or pipeline transmitting electricity, communication signals, potable water, raw water, reclaimed water, domestic wastewater, propane gas or natural gas. 2. First, let’s define some terms: 7/21/2015 17 62-330.453(3)(a)-(f) cont’d 3. This general permit is limited as follows: a) No work within Outstanding Florida Waters, Aquatic Preserves, or Class I waters; b) The installation of conduit or pipeline to drain wetlands or other surface waters is not authorized; c) Prior to work, existing pipelines shall be evacuated of substances; d) The maximum width of the disturbed corridor in wetlands shall not exceed 30 feet; e) The total area of forested wetland disturbance shall not exceed 0.5 acre per ten miles or cable, conduit, or pipeline; f) Minor above-grade improvements may be constructed in uplands under this general permit. 7/21/2015 18 62-330.453(3)(g) cont’d g.) Activities performed via trenching or methods other than directional drilling or jack-and-bore, are subject to the following special conditions: 1. 2. 3. 4. 7/21/2015 Maximum width of the excavated trench shall not exceed eight feet, with temporary spoil storage banks not to exceed ten feet in width; For a trench with a top width greater than three feet in herbaceous wetlands, the upper layer of the soil horizon shall be scraped and segregated into a separate spoil bank; Trenching in surface waters shall be limited to wetlands, artificial waters, and residential canal systems; Temporary spoil banks shall contain breaches. Source: FDOT 19 62-330.453(3)(h) cont’d h.) Activities performed using directional drilling or jack-and-bore methods are subject to the following special conditions: 1. 2. 3. 4. 7/21/2015 The maximum outside diameter of the pipeline, including encasement, shall not exceed 24 inches; A minimum of depth of cover shall be maintained between the top of the utility line and casing and the soil surface or submerged bottom of any wetland or waterbody being crossed; All work areas associated with directional drilling or jack-and-bore activities shall be located within uplands; The use of drilling fluids shall not cause or contribute to a violation of state ground water quality criteria or standards, as defined in Chapter 62-520, F.A.C.; Source: FDEP 20 62-330.453(3)(h) cont’d 5. 6. 7. 8. 7/21/2015 The permittee shall, at least 48 hours prior to commencement of any activities, submit to the agency the contact information of all contractors responsible for drilling and for containment and cleanup in the event of a drilling fluid frac-out or spill; Contractor shall maintain appropriate equipment and materials to effectively contain and clean up a drilling fluid frac-out or spill; Appropriately-trained personnel shall monitor downhole equipment position, drilling fluid circulation and pressures, and actively monitor the entire utility line route for surface frac-out of drilling fluids; Drilling activities shall be discontinued and the drilling fluid or slurry shall be contained using appropriate methods as soon as possible, in the event of a drilling fluid fracout or spill. Source: FDEP 21 Environmental Resource Permitting General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters. Pursuant to 62-330.455, Florida Administrative Code 62-330.455(1) 1. This general permit is granted to construct an aerial or piling-supported pipeline, cable, or conduit crossing of a waterbody having a maximum width of 25 feet, provided: a) b) c) d) 7/21/2015 Crossing is not located in, on, or over Class I and II waters, or waters approved, restricted, or conditionally restricted for shellfish harvesting if the pipeline or conduit conveys certain substances which, if leaked could contaminate drinking water supplies or result in closure of shellfish harvesting waters; No pipeline, cable, or conduit shall be lower than existing crossings of the waterbody; Work to install the aerial crossing shall be restricted to a width or no more than thirty feet on each side of the crossing alignment.. For the purposes of this general permit, no more than three pipes shall be placed along a given alignment, and in no case shall the total disturbance area exceed 75 feet in width, and The Agency shall be notified within 24 hours of any leak or failure of any of the pipes associated with the aerial crossing. 23 Environmental Resource Permitting General Permit for Subaqueous Utility Crossings of Artificial Waterways Pursuant to 62-330.457, Florida Administrative Code 62-330.457(1)(a)-(d) 1. This general permit is granted to construct, repair or replace a subaqueous utility crossing of artificial waters and residential canal systems, provided: a) b) c) d) 7/21/2015 Crossing not located in Class I or II waters or waters approved for shellfish harvesting if utility line transmits certain substances; Crossing limited to non-navigable waters or waters where navigation can be maintained (does not involve construction of dams or removing turbidity control devices to allow boat passage). No dredging/filling landward of top of the bank of waterway, however, dredging/filling is allowed within side slopes of artificial waterways and in littoral zones-as necessary Maximum length of crossing not to exceed 150’ from top of bank; excavated trench dimensions not to exceed 10’ below existing bottom contours and trench top width of no more than 10’. 25 62-330.457(1)(e)-(g) e.) Maximum width of area disturbed by equipment shall not exceed 30 feet wide; f.) Spoil disposal sites located in uplands and sized appropriately to hold all dredged material; g.) Previously excavated contours restored within 72 hours following installation of utility line. Source: FDEP 7/21/2015 26 62-330.457(2)(a)-(e) 1. Installation, maintenance, repair, and removal conducted using directional drilling or jack-and-bore methods: a) b) c) d) 7/21/2015 Maximum diameter of utility (including encasement) shall not exceed 24”; Minimum depth of cover maintained between top of utility line/casing and soil surface/submerged bottom shall be equal to 5’ or 5 times the maximum encased diameter of utilitywhichever is greater; Directional drilling or jack-and-bore activities (pumps, pits, mixing, dewatering, etc.) shall be located within uplands; Drilling fluids shall not violate water quality standards; 27 62-330.457(2)(f)-(h) e) 48 hours prior to commencement, contact information of all contractors responsible for containment and cleanup in the event of spill or fracout shall be provided to the Department; f) Equipment and materials shall be maintained in a readily-accessible location in the event of a frac-out or spill; g) Appropriately-trained personnel should monitor project site for surface frac-out of drilling fluids; h) Work shall be discontinued in the event of a drilling fluid frac-out or spill. Frac-out or spill of drilling fluid within wetlands or surface waters shall be reported to the Department within 24 hours. 7/21/2015 28 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities Pursuant to 62-330.458, Florida Administrative Code 7/21/2015 29 62-330.458(1)(a)-(h) 1. This general permit is for the construction of power lines and electrical support structures by electric utilities. First, let’s identify some terms: 7/21/2015 30 62-330.458(2)(a)-(b) 2. Activities conducted under this general permit shall comply with the following conditions. a) Shoreline of forested wetlands is the MHWL/OHWL; b) Mechanized equipment shall be used to minimize soil compaction. During construction and maintenance, Brazilian pepper, Australian Pine and Punk tree shall be eradicated. EPA-approved herbicides may be used on the following: – – – 7/21/2015 Vegetation growing in an area that was formerly cleared to the ground Vegetation with expected mature height of over 14’ growing within remainder of right-of-way; and Exotic vegetation within right-of-way 31 62-330.458(2)(c)-(d) c) d) Areas dominated by exotic species (90% or greater) shall not be included in acreage calculation of clearing to ground of forested wetlands. Ten mile sections shall be measured from beginning of project to end of project, although sections shall not end in a wetland. If a section were to end in a wetland, the closest landward edge of wetland shall be section end; Diversion/Impoundment of surface waters shall be limited during construction Source: FDEP 7/21/2015 32 General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects Pursuant to 62-330.459, Florida Administrative Code 7/21/2015 33 62-330.459(1)-(3) (1) This general permit may be used by electric and communication utilities to relocate aerial transmission and distribution lines; (2) Applies only to relocation projects necessitated by widening or improvement of existing roads; (3) Let’s start with some terms: 7/21/2015 34 62-330.459(4)(a)-(d) 4. The following conditions apply: a) Relocation of poles shall be either in existing/proposed road right-of-way or within 10’ adjacent to existing/proposed right-of-way; b) No above grade access roads or permanent fill in wetlands or surface waters (other than utility poles, bases or anchoring devices); c) No impacts to corals, micro-marine algae or submerged grassbeds; and d) Clearing of wetland vegetation limited to 0.5 acres per 10 miles of transmission/distribution lines unless the clearing activity was previously authorized under a separate DEP permit. 7/21/2015 35 General Permits • All General Permits (GP) have an associated $250.00 fee. • By Florida Statute, complete general permit applications will be processed within 30 days of receipt. • GP’s need to be processed individually i.e. a GP cannot authorize multiple activities (i.e., road improvement + utility pole installation) • Individual Permits 7/21/2015 36 Environmental Resource Permitting State Lands Authorizations Pursuant to Chapter 18-21.005, Florida Administrative Code State Lands • An easement may be required for the following activities: a) Utility crossings and rights of way; b) Road and bridge crossings and rights of way; c) Oil, gas and other pipelines **Counties may qualify for an exception to State Land Rules** 7/21/2015 38 Easements • • • • $606.00 processing fee (subject to annually in March) Completion of “checklist” Signed and Sealed surveys or sketch Noticing nearby property owners • **CONSTRUCTION MAY NOT COMMENCE UNTIL THE APPLICANT HAS THE PERMIT, AS WELL AS THE EXECUTED EASEMENT** 7/21/2015 39 Questions? 7/21/2015 40