Transcript Slide 1

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!
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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.
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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
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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
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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
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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
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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.
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Source: ERP Site Inspection Photo
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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
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Source: ERP Site Inspection Photo
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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
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62-330.051(14)(e) cont’d
1.
2.
3.
4.
5.
6.
7.
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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
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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
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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
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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.
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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:
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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.
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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.
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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
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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.
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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
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62-330.453(3)(h) cont’d
5.
6.
7.
8.
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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
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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)
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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.
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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)
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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’.
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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
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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)
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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;
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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.
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General Permit for the Construction and
Maintenance of Electric Power Lines by
Electric Utilities
Pursuant to 62-330.458, Florida Administrative
Code
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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:
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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:
–
–
–
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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
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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
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General Permit for Relocation of Aerial
Electric and Communication Lines
Associated with Road Improvement Projects
Pursuant to 62-330.459, Florida Administrative
Code
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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:
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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.
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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
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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**
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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**
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Questions?
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