Instructions - Joint Application Section A, Part 2

Part 2  lists the different types of permits.  Select the permit type that fits your project based on size and type of project.  Some small projects may qualify for an exemption An activity that does not require a permit. (See E below).

A. Type of Environmental Resource Permit Requested (check at least one).

• Noticed General

Noticed General permits (NGPs) apply to certain common projects that have relatively small environmental impact.  These permits are typically issued and approved faster than standard or individual permits.  

Review the list of Noticed General Permits to see if your project qualifies.  If you think your project qualifies, review the applicable rule section (blue links in the list) for detailed terms, conditions and limitations.  If you have questions, contact your local DEP district office for more information.

Application information must be submitted at least 30 days before beginning any work.  The Department Florida Department of Environmental Protection may request additional information within that 30 days.  Some noticed general permits require written approval by the Department before work can begin.  

Fill out these application sections:  Section A, Section B

• Standard General (also called Standard or General in some water management districts)

Activities that do not qualify for an exemption or noticed general permit may qualify for a standard general permit, if the activities meet all the criteria listed below.

1. System All structures and all areas established by earth-moving in which surface water flow or storage has been altered. must not be capable of impounding a volume of water more than 120 acre-feet the amount of water needed to cover 1 acres of land in 1 foot of water (43,560 cubic feet or 325,851.4 US gallons)., and

2. Construction or alteration expanding or changing a system (which includes any type of work, activity, or structure), other than that required to maintain the system, including any changes which may increase or reduce the flow, storage, or discharge of surface water, increase pollutant loading, change the point or points of discharge, or extend into or adversely affect wetlands by ditching, draining, filling or excavation. must involve less than one acre of wetlands those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances to support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto., and

3. Project size The size of the boundary of the project area. Example, if you have 10 acres, but only plan to do work on 2 acres, the project size would be 2 acres. Project size is different from total land area. must be less than 100 acres, and  

4. Must provide for the placement of less than 12 acres of impervious land surfaces that do not allow, or minimally allow, the penetration of water; such as building roofs, normal concreate and asphalt pavements, and some fine grained soils such as clays. For purposes of implementing stormwater treatment quality and quantity requirements, the calculation of the amount of impervious surface does not include wetlands or other surface waters. surface, and

5. Number of boat slips must be less than 10,

6. OR, is limited to incidental site activities Preliminary activities in uplands that are done in order to complete the permitted activity. Examples include: removal of vegetation in uplands, road bed construction, utility placement, and other works done in order to construct, or done along with the construction of the system. (not applicable in St. John's River Water Management District and Southwest Florida Water Management District)

If you are uncertain, especially about "incidental site activities", contact your local DEP district office for more information.

Applications related to single family dwellings fill out:  Section A, Section C, Section D

Applications relating to all other standard general projects fill out:  Section A, Section C, Section E

• Individual

Any project or activity or activities means construction alteration, operation, maintenance, abandonment, or removal of any surface water management system including dredging or filling. that does not qualify to be processed as a standard general or noticed general permit must apply for an individual permit.

Applications related to single family dwellings fill out:  Section A, Section C, Section D

Applications relating to all other standard general projects fill out:  Section A, Section C, Section E

• Conceptual

A conceptual approval permit is a type of individual permit approving the concept of a master plan for a

surface water management system, which is binding on the Department and the Permittee.

This is usually done for large or phased projects where there may be some uncertainty about the final plan.  It approves a well-defined project concept and any future changes that remain within the limits of the concept if the provisions in Section 62-343.060, F.S. are met.

• Mitigation Bank Permit (construction)

A mitigation bank permit is a type of individual permit that must be obtained before implementation of a mitigation bank.  

Mitigation banks are permitted by the Department or a Water Management District to provide mitigation credits.  The mitigation bank restores, creates, preserves or enhances large wetland area and sells the measured credit for the ecological improvement to parties whose projects will cause ecological impact and require mitigation.  See the Department's Wetland Mitigation Section for more information.

• Mitigation Bank (conceptual)

A conceptual mitigation bank permit is a type of conceptual permit that is available to applicants, but not required.  It is done when there may be some uncertainty about the final plan.  It approves all well-defined project concept and any future changes that remain within the limits of the concept if provisions in Section 62-343.060, F.S. are met.  

Mitigation bank conceptual approval permits will be evaluated in accordance with Chapter 62-342, F.A.C., or the equivalent rules of the applicable water management district.

B.  Type of activity for which you are applying (check at least one)

• Construction or operation of a new system, other than a solid waste management facility Any solid waste disposal area, transfer station, materials recovery facility or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of paragraph 62-701.220(2)(c), F.A.C., except the portion of such facilities, if any, that is used for the management of solid waste., including dredging or filling in, on or over wetlands those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances to support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. and other surface waters water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs is classified as surface water when it exits from the spring onto the earth's surface..

Choose this option if you want to construct and/or operate a new project that is not a solid waste management facility.  A new project includes any system that does or does not include impact to wetlands or other surface waters.

• Construction, expansion or modification of a solid waste facility.

Choose this option if you will do any activity related to a solid waste management facility.

• Alteration or operation of an existing system which was not previously permitted by a WMD or DEP.

This choice includes systems that were constructed before the Water Management District (WMD) or Department of Environmental Protection were created, before rules of these agencies were applicable to the project; or projects that were otherwise unauthorized by the WMD or Department before construction.

• Modification of a system previously permitted by a WMD or DEP.

Choose this option if you will be making any changes to a system that was previously permitted by a water management district or the Department.  

1. Provide previous permit numbers.

2. Place a check mark next to the type of modification you will need.  Choices include:

• Alteration expanding or changing a system (which includes any type of work, activity, or structure), other than that required to maintain the system, including any changes which may increase or reduce the flow, storage, or discharge of surface water, increase pollutant loading, change the point or points of discharge, or extend into or adversely affect wetlands by ditching, draining, filling or excavation. of a system

• Abandonment or abandon, means stopping use and maintenance activities for a system or part of a system. of a system

• Removal elimination of all or part of a system. of a system

• Extension of permit duration

• Construction of additional phases of a system

C.  Are you requesting to use Sovereign Submerged Lands Those lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which ahve not been heretofore conveyed or alienated. (See also State-owned Submerged Lands)?

Most navigable A water that is sufficiently deep or wide to provide passage for vessels., fresh or tidally influenced water bodies in the State of Florida are considered Sovereign Submerged Lands (also called State-owned Submerged Lands Those lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated.).  

If your project is in, on or over State-owned submerged lands (like a dock, pier or seawall), you must request authorization to use those lands.

Read the document "Proprietary and Regulatory Authority" for more information about using State-owned Submerged Lands.

If you have read the above document, and  you are not sure whether your project involves State-owned Submerged Lands, write "not sure" in the blank.

If your work will be done in, on or over any water (such as a dock, pier, marina, boat ramp, etc.), you must also fill out Joint Application An application to conduct an activity that may be reviewed by the Department, water management districts and the US Army Corps of Engineers. Section G.

D.  For activities in, on, or over wetlands or other surface waters, check type of federal dredge removal of materials by any means from wetlands or other surface waters. Also the removal of upland soil in order to create a wetland that will be connected to other surface waters or wetlands. and fill depositing material by any means in wetlands or other surface waters. permit requested:

The federal government has jurisdiction for activities in, on or over "waters of the U.S." as defined by 33 CFR part 328 and Section 404 of the Clean Water Act.  The U.S. Army Corps of Engineers (USACE US Army Corps of Engineers, Corps US Army Corps of Engineers) is responsible for the review and issuance of permits for work in, on or over jurisdictional wetlands and surface waters.  The State of Florida is under the jurisdiction of the Jacksonville District Regulatory Division of the Corps.

When you send your completed Joint Application to the Department or a water management district, a copy is automatically sent to the Corps, if necessary.  You should not submit a separate application to the Corps unless you are specifically asked to do so by them.

Check the box next to "Not Applicable" if your project does not involve any work in, on or over wetlands or other surface waters.

The following permit types are defined in the Jacksonville Regulatory Program Sourcebook:

• Individual (Standard Permit or Letter of Permission)

Choose individual if your project does not qualify for a Nationwide, Programmatic General or General permit.  This type of permit is evaluated individually by the corps.

• Nationwide

Nationwide permits authorize specific categories of activities throughout the U.S., Puerto Rico and the U.S. Virgin Islands.  Each activity category contains conditions that must be met in order for your activity to qualify for a nationwide permit.  The nationwide permits are reviewed, revised and published by the Corps once every 5 years.  Permits published during any specific 5 year period expire at the end of that specific 5 year period.  For example, the current nationwide permits became effective on March 19, 2007 and expire on March 18, 2012.  All nationwide permits issued to individuals between March 19, 2007 and March 18, 2012 expire on March 18, 2012.

Nationwide permit categories can be reviewed at the Corps Nationwide Permits Information web page.  Jacksonville District regional conditions must also be met in order for your project to be approved.

• Programmatic General (and State Programmatic General)

Programmatic General Permits are a type of general permit founded on an existing state, local or other federal agency program, designed to avoid Locate structures and activities away from regulated natural resources. duplication with that program.

Read the list of Programmatic General Permits administered by others (DEP or water management districts) within the State of Florida to determine if your project qualifies.

The State Programmatic General Permit (SPGP) is a permit issued by the Corps that gives the Department or water management district authority to review certain projects on behalf of the Corps as long as certain conditions are met.  Most of the categories under the State Programmatic General Permit are authorized by existing nationwide and Regional General Permits.  SPGP does not apply to Monroe County or counties within the jurisdiction of the Northwest Florida Water Management District.

• General

General permits are issued by the Corps on a regional or nationwide basis and are reviewed once every 5 years.  These permits are different than the nationwide permits described above.  The categories are meant to cover projects that tend to be very similar to each other and do not cause a significant amount of individual or cumulative impacts future impacts that occur because the initial impact occurred. Example: a bridge is built to an island that previously did not have bridge access in order to develop one parcel of land. The bridge makes way for additional impacts to other parcels on the island by making the island more accessible. Impacts accumulate because of the initial impact..

Review the current list of General permits administered by the Jacksonville District and relevant to the State of Florida to determine if your project qualifies.

E.  Are you claiming to qualify for an exemption?

Some activities that do not cause a significant amount of individual or cumulative impacts are exempt from regulatory pertaining to authority granted by rules and regulations. permitting by the Department.  

Read the lists of exemptions under Chapter 373, F.S. and Chapter 403, F.S. to determine if you qualify.  If you do, write the rule number in the space provided.  (Example:  write Section 403.813(1)(d), if you qualify for the exemption for replacement or repair of existing docks or piers.)

Any regulatory exemption claimed for works all man-made or artificial structures. These include ditches, canals, conduits, channels, culverts, pipes, construction activities and all other man-made structures. in, on or over State-owned Submerged Lands will still require proprietary pertaining to ownership authority. authorization before the activity is conducted.

Read the document "Proprietary and Regulatory Authority" for more information about using State-owned Submerged Lands.