Once your application is received by DWR and determined to be complete, we have 60 days to prepare a response. Will an applicant be required to obtain an incidental take permit (ITP) and a habitat conservation plan (HCP) through Section 10 review? Applicants may do this by checking the waiver box on the application form or by sending an email to the permit processor. How these listed species or habitats might be affected should be discussed, as well any actions proposed to be taken by the applicant to avoid and minimize the adverse effects. Chapter 62-331, F.A.C. There are state riparian buffer protection programs in theNeuse River Basin,Tar-Pamlico River Basin,Catawba River Basin,Randleman Lake Watershed,Jordan Lake WatershedandGoose Creek Watershed. Questions regarding the riparian buffer rules in Carteret, Duplin and Onslow counties can be directed to theWilmington Regional Office. Emergency reconstruction must occur within a reasonable period of time after damage occurs in order to qualify for this exemption. How can I receive notification when a State 404 Program application is submitted in my area of interest? In areas where there are riparian buffer protection programs, other entities may make stream determinations for the buffer rules only (seeBuffer FAQs, below). It is recognized that flexibility may be needed to address watershed needs and allow for the consideration of mitigation projects that are environmentally preferable based on a watershed approach, if such projects are consistent with the requirements of the State 404 Handbook, section 8.5.1. You can find more information about how to access and these sources on DEPs Public Records webpage. The petitioner should include documentation demonstrating which waters the applicant believes are not WOTUS pursuant to 40 C.F.R. Interested in subscribing to DEP newsletters or receiving DEP updates through email? On Dec. 22, 2020, the U.S. Environmental Protection Agency (EPA) published their approval of Floridas State 404 Program in the Federal Register, and the Florida Department of Environmental Protection (DEP) began administering the State 404 Program on that date. CFR prev | next 323.4 Discharges not requiring permits. 120, if applicable. Follow the prompts to subscribe and set account preferences/notifications. 120. If EPA has not withdrawn the objection or requirement for a permit condition, DEP shall do one of the following: Issue a permit that includes the required permit condition and/or otherwise satisfies EPAs objection; Notify EPA of its intent to deny the permit; or. For more information about 404 permitting, clickhere. Docks and piers constructed with typical pile-supported construction methods; and. If you need a modification to an existing Corps permit that has more than 5 years worth of work remaining, you will need to break the project into 5-year phases and follow the long-term conceptual planning process outlined in the State 404 Program Applicants Handbook, section 5.3.2. Stormwater programsinclude: Phase I and Phase II NPDES, Session Law 2006-246, Water Supply Watershed, Coastal Stormwater, High Quality Waters, Outstanding Resource Waters, Universal Stormwater Management and Goose Creek Watershed. If you are confident that your project will not impact WOTUS, you may clearly state in your application form or in a cover letter that you do not believe your project will impact WOTUS, and you do not want a State 404 Program review. The State 404 Program became effective on Dec. 22, 2020, the date EPA published approval in the Federal Register. However, the EPA did complete section 7 consultation with the USFWS in regard to its approval of Floridas State 404 program. Wetlands (Section 404) Permit Requirements for Construction Projects I f your construction project requires you to perform work in waters of the United States or wetlands, most likely you will need to obtain a Clean Water Act (CWA) Section 404 permit. No Permit Required verifications are limited to those activities outlined in the request. The U.S. Army Corps of Engineers determines waters of the U.S. Consultants that wish to use and submit the Chapter 62-340, F.A.C. ), State 404 Program, was created to bring in the requirements of federal law not already addressed by the existing Environmental Resource Permitting (ERP) program. Upon receipt of a submitted State 404 permit application, DEP forwards the information to FWC and the USFWS requesting their review and comment. Within each set of bufferrules*, there is a Table of Uses for specific activities: The Division's clarification memo#2008-016outlines the requirements. So, keep the above-mentioned points in mind about the Section 404 permits If you need more information about such permits, feel free to contact Service First Permits at 888.755.2469 or write to us. > Do you need a Section 404 permit for your real estate development? NPR verifications do not have a set timeframe in rule, but DEP will strive to review as efficiently as possible. There are also local buffer protection programs across the state. Florida Department of Environmental Protection, Your JavaScript is turned off limiting this websites functionality. There are two types of Standard permits: Individual permits and Letters of Permission EPA will forward copies of the application to USFWS, National Marine Fisheries Service, the USACE, and other entities as necessary. The USACE determines which type of permit is required. Under Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. The USACE, Current federal law limits the duration of state-issued section 404 permits to 5 years. State 404 Program applications for an individual permit are put out on public notice after they are considered administratively complete. An administratively complete project is one that has undergone review and is in its anticipated final form, meaning all requests for additional information have been answered, commenting entities have provided initial comments, recommendations or preliminary determinations, necessary modifications for avoidance and minimization of impacts have been made, and mitigation has been reviewed (see section 62-331.060(1), F.A.C.). There is widespread confusion about Section 404 permitting, especially due to the complexity around the application and implementation. According to Section 404, any impact (i.e., placement or removal of fill) in waters of the U.S. requires a federal permit. These features are regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers. A project that does not qualify for general permit or letter of permission authorization is to be reviewed through the individual permit process (see 33 CFR 325.5 (b) (1) ), which includes a public notice, public interest review, environmental documentation, and, if applicable, a Section 404 (b) (1) Guidelines compliance analysis. I didnt ask for a State 404 permit. transmit to us. When a project requires both a State 404 Program authorization and an Environmental Resource Permit (ERP) applicants are highly encouraged to waive the ERP issuance (agency action) timeframe to allow for completion of the State 404 Program review and to accommodate any required project modifications resulting from the 404 Program review. The Corps will refer modifications that it determines, in its sole discretion, to fall outside the scope of a minor modification to DEP for evaluation of a permit under the State 404 Program. When the state issues a 401 certification (which is required for any federally permitted or licensed activity that may result in a discharge to waters of the U.S.), this certifies that a given project will not degrade Waters of the State or violate State water quality standards. Word: | procedures, as required by permit conditions, for monitoring after construction, submitting monitoring reports to permitting agencies, and Generally, the only scenarios besides the phased project example above where the ERP and 404 may not be processed at the same time are: I applied to the water management district for my ERP but received a notification that DEP was also processing a State 404 Program permit for my project. For some species, the tool may provide information such as conservation measures. Such a JD has a validity period of 5 years. Please click The Florida Department of Environmental Protection is the states lead agency for environmental management and stewardship protecting our air, water and land. (Click here for a Trout Buffer factsheet and here for a Trout Buffer FAQ brochure). Public notices are also posted on DEPs website. Where do the riparian buffer rules apply? If EPA does not comment, object, or make recommendations within 90 days of EPAs receipt of DEPs notice, DEP may take final agency action (issue or deny the permit). It is a low-lying area where water can stand for many days after a heavy rain, The area is adjacent to a river, creek, stream, bayou, or swamp, A noticeable layer of organic matter exists in the higher section of the soil column, The plants are different compared to those in the surrounding higher-elevation areas, There are water marks on the trees or other nearby structure. 120 or USACE version at 33 C.F.R. Fortunately, DEP will be able to use the material already submitted to USACE through its review to assist with the DEP review. "404" refers to Section 404 of the Clean Water Act. . If you are confident that your project will not impact WOTUS, and you do not wish to pursue State 404 Program authorization, then you may make the decision and accept the risk of withdrawing the State 404 Program application. If the transferred project contained only a request for a stand-alone AJD, DEP sent the applicant an email notifying them that DEP would not be performing stand-alone WOTUS determination and providing the applicant three options for obtaining a jurisdictional determination (see next question for more information). DEP may process a No Permit Required verification upon request by an applicant. The ERP application forms in Chapter 62-330, F.A.C., were modified to include items required under the State 404 Program, so they act as a joint application. Yes, theExpress Review Programoffers a more timely review than the traditional permit review process. Where do I send my buffer authorization or variance application? This description should also include a discussion of whether a proposed activity will affect or adversely impact listed species on adjacent properties, which would not occur except as a result of the proposed activity. Section 404 permit. For questions about the riparian buffer rules, contact your localSurface Water Protection Regional Office Staffor DWR's 401/ Buffer Coordinatorat (919) 707-3631 in the Central Office. (Catawba buffer rules also apply to the South Fork of the Catawba river up to the 569 elevation of Lake Wylie). While topographic maps and soil surveys may be helpful for some streams, a stream does not have to appear on a map to be regulated (seeBuffer FAQs, below,for map requirements). Anyone may request a public meeting during the public comment period; if held, the comment period is extended until the end of the public meeting or later if a later date is approved by the presiding officer. The. Two types of Section 404 permits are available general permits and individual permits. Since federal and state rules differ, no matter how far along the USACE review process was for an application (even if the USACE review was near final or was publicly noticed), DEP is still required to start from the beginning. Activities not listed in the Table of Uses are. When do I need an Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit? What restoration is required if the riparian buffer is cleared without a buffer authorization? "401" refers to Section 401 of the Clean Water Act. PDF: | Please submit a copy of the original USACE permit(s) with your completed State 404 Program application for a new permit, and the following additional information: I want to modify my long-term USACE permit that is now within assumed waters does this mean my project will be limited to five years? The flow may be heavily supplemented by stormwater. Avoid: Has the project been designed to avoid impacts to wetlands, streams and other natural resources? These features are regulated by NC DWR and typically regulated by the U.S. Army Corps of Engineers. Drainage ditches and stock ponds are not usually included. Perennial streamshave a well-defined channel that contains water year-round during a year with normal rainfall. What happens after my application is received by DWR? The following are possible outcomes of EPAs review: EPA does not comment on, provide notice of its intent to comment on, object to, make recommendations with respect to, or notify DEP that it is reserving its right to object to a permit application within the initial 30-day review: DEP shall make a final permit decision within 60 days after either the close of the public comment period or the project is declared technically complete, whichever occurs later. A 401 WQC is required for any federally permitted or licensed activity that may result in a discharge to waters of the U.S. Larger projects may need to be divided up and completed in five-year phases so as not to exceed the maximum per-permit duration. Is DEP requiring federal mitigation bank and in-lieu fee credits for impacts under the State 404 Program? In fact, an area can be classified as a water of the United States even if it does not hold water during most periods of the year. Buffer Clarification Memo # 2007-0008and theInterpretive Ruling on NRCS Soils Survey Mapclarify this in more detail. No, there is no application fee for buffer authorizations or variances. The U.S. Army Corps of Engineers determine the presence and location of wetlands that are jurisdictional under Section 404 of the Clean Water Act. The rule defining waters of the United States has been repeatedly challenged, and the EPA and appellate courts have struggled to recognize and uphold a bright line rule. To schedule a stream determination, please contact our Regional Offices. impacts to construction affecting Louisiana Hwy 23 and for related work within LDOTD ROW. A technically complete project is one where all items necessary for review have been received including the close of the public comment period or any information needed to address something brought up during public comment. Will an applicant still need a USFWS Section 7 biological opinion? doing so will not create a conflict of interest. Certification (401) issued by the Department or permit waiver may be required for the activities described in this permit. Wetlands are the interfaces between land and water. to proceed. United States does not require a section 404 permit. For a list of activities that may require a permit, clickhere. If a project is covered by a Nationwide or Regional permit, work may begin without having to contact the local Corps office in some instances (depending on the terms of that permit). This strategy may . The. These features are typically not regulated by NC DWR or the U.S. Army Corps of Engineers. Floridas assumption package submitted to EPA on Aug. 20, 2020, and associated materials (including the U.S. The Corps notifies the applicant if additional information is required to make the application . Once the USACE determines which type of permit, there will be a corresponding water quality certification. This can be done by sending an email to the processor who was assigned to your State 404 Program project review. The USACE has different regional divisions, which are further divided into districts. What is the process for State 404 Program general permits (Sections 62-331.210-248, F.A.C. These districts are responsible for issuing Section 404 permits under their jurisdictions to authorize requests for filling the waters of the United States (WOTUS). Placement of any material within a stream, wetland or open water, including material that is necessary for construction, culvert installation, causeways, road fills, dams, dikes or artificial islands, property protection, reclamation devices and fill for pipes or utility lines. Emergency reconstruction must occur within a reasonable period of time after damage occurs in order to qualify for this exemption. However, other conditions creeks, streams, ditches or other water features can too often be overlooked. What does the term blue-line stream mean? us that we represent you (an engagement letter). There are two types of permits issued by the USACE: Standard and General permits. Anyone may look up State 404 Program files using the DEP Information Portal or OCULUS system. Perhaps most importantly, an evaluation allows the purchaser the opportunity to design alternatives that avoid impacting jurisdictional waters. The State 404 Program Applicants Handbook, section 1.2, states: Projects within state-assumed waters that are not otherwise exempt from permitting will require both a State 404 Program authorization and an ERP authorization. Other requirements include 1) the material must be clean (meaning 10 percent or fewer fines passing the #200 sieve), and 2) the activity must be approved in a 404 permit. Prior to acquiring a property, the physical and environmental conditions of the site, including the potential presence of waters of the United States, should be considered. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of Finally, they must be contained in, flow through, or border upon any portion of this State (including any portion of the Atlantic Ocean over which the State has jurisdiction). Reg. Is DEP required to follow the federal mitigation hierarchy? In 2018, Florida's legislature passed a bill that gave DEP authority to begin the public rulemaking process to better protect the state's wetlands and surface waters by assuming the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters. The USACE authorizes activities under specialized nationwide permits for projects that make minimal impact. This permit is not valid until these requirements are satisfied. Examples of activities that may require permits include: The best practice is to avoid all impacts to streams, wetlands and open waters when possible. Approvals for minor variances may be granted by DWQ or the delegated local program. How can I get a WOTUS jurisdictional determination within assumed waters if DEP is not performing stand-alone jurisdictional determinations? Division of WaterResources (DWR) determines the presence and location of waters of the State, including streams. In the Neuse River Basin, Tar-Pamlico River Basin and the Goose Creek Watershedthe buffer applies to: intermittent streams, perennial streams, lakes, ponds, estuaries and modified natural streams that are depicted on the most recent printed version of the soil survey map prepared by the Natural Resources Conservation Service OR the 1:24,000 scale quadrangle topographic map prepared by the U.S. Geologic Survey. Any federal license or permit for an activity that may result in a discharge requires a Clean Water Act (CWA) Section 401 [33 U.S.C. in a matter where that information could and will be used against you. DEP will not perform stand-alone WOTUS jurisdictional determinations under the State 404 Program. Most projects will have a 30-day public comment period, but some limited projects may have a 15-day public comment period. However, it is recommended to document this determination. The USACE Savannah District has jurisdiction over Section 404-regulated WOTUS within Georgia. Ephemeral streamsare features that only carry stormwater in direct response to precipitation. For questions regarding minor exceptions, minor variances, and buffer authorizations in the Neuse and Tar-Pamlico Basins in thecoastal counties(except for Carteret, Duplin and Onslow counties), contact theWashington Regional Office. Piling-supported bridge structures (however, any associated fill would be regulated). AJDs done under the old WOTUS rule or the new Navigable Waters Protection rule that became effective on June 22, 2020 may be accepted as long as they have not expired. Part 233), the CWA, Section 404(b)(1) Guidelines (40 C.F.R. Use the pre-construction notification (PCN) form to apply for general 401 WQCs and Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit. A Section 404 permit is required if the proposed activity will involve a jurisdictional act (dredging or filling) in a jurisdictional area (a water of the United States). Efficiency comes from the fact that approximately 85% of review requirements overlap between programs, eliminating duplicative review. II. There is no set timeframe for EPA to notify DEP of their decision. For the State 404 Program, FWC and the USFWS collaborate on their reviews for listed species (fish and wildlife) regarding additional information or questions, as well as potential avoidance and minimization measures that may be needed. If an applicant still wants to request a WOTUS jurisdictional determination, these three options are available: When applying for one of the three options above, the applicant should include a wetland delineation done in accordance with Chapter 62-340, F.A.C., and the completed form Information Required for a WOTUS Determination in State-assumed Waters.. Section 404(f) exemptions DO NOT APPLYto any activity within a "navigable water of the U.S." in which a permit is required under Section 10 of the Rivers and Harbors Act of 1899.For example, instream or - streambank work such as bank shaping around a headgate or working on a weir/diversion dam will require a Section 404 permit. 143-212(6). All additional information requested within the PCN Form. If you have a transportation project please send the application for DWR to: Mailing Address (if sending by first class mail via the US Postal Service): NC DWR, Transportation Permitting Branch1617Mail Service Center Raleigh, NC 27699-1617. There are two types of variances*, major and minor. The U.S. Army Corps of Engineers (USACE) is the federal agency responsible for issuing 404 Permits; these permits are required for the discharge of fill material into streams, wetlands and open waters. Permit applications should contain all information required in the State 404 Program application forms and documentation demonstrating which waters the applicant believes are not WOTUS pursuant to 40 C.F.R. What is the process for State 404 Program exemption verifications (40 C.F.R. Landowners interested in wetlands protection Mitigation How do you avoid, minimize, and compensate for impacts to wetlands, streams, and other aquatic resources? The project was transferred from the USACE upon assumption and already received an ERP permit. Delineations using the federal method cannot be accepted and will need to be verified using Chapter 62-340, F.A.C. Minimize: Where project impacts are unavoidable, is the project designed such that the impacts have been minimized? How can I track the status of my application? How can I get a permit? General permits, also known as Nationwide or Regional permits, are more simplistic. What if I dont want State 404 Program review? Section 404 requires that you should apply for a permit before filling material or dredging into any wetland portions termed as the waters of the United States. A 404 permit will be required unless your activity is exempted under the Section 404 regulation. The next step in the CWA Section 404(c) review process required the Region 10 Regional Administrator to decide whether to withdraw the 2014 1 On January 26, . The regulation states that there is no discharge of fill or dredged material in the following scenarios: When applying for this permit, it will be required to demonstrate that you have taken all the steps to avoid negative impacts on the wetlands and other aquatic resources, that the impacts have been minimized, and you will be providing compensation for any impacts that cannot be avoided. Please visit ourelectronic document management systemto view and print files for projects that include buffer impacts, stream determinations, mitigation and 401 certifications and 401 stormwater management plans. Participation in the program is voluntary and higher fees are charged. EPA may federalize the application meaning that they may require that USACE process the application. What uses are allowed within the riparian buffer? As of August 1, 2011, these local governments are delegated: For a comprehensive list of local governments delegated/designated to administer the state riparian buffer protection rules, you may also clickhere. They may have a well-defined channel and they typically lack the biological, hydrological, and physical characteristics commonly associated with intermittent or continuous conveyances of water. Any supporting documentation available, such as correspondence received from the USACE or photographs. These coordinating entities may provide comments, recommendations, or requests for additional information to be added to DEPs Request for Additional Information (RAI). State credits will not be accepted to offset State 404 Program impacts. If so, how is it obtained? How do I apply for a 401 WQC or Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit? For State 404 individual permit applications, FWC acts as the listed species coordinator for DEP. Is it true that projects transferred from USACE need to start the State 404 Program process from the beginning, no matter how far along the USACE review was in process? Please note that your project is still covered under the 401 WQC and all conditions of that certification must be followed, including thestormwater management plancondition. if necessary, a section 404(b)(1) guidelines evaluation. Standard Permits. Excel: Each topic may have multiple questions, and some questions may be repeated under different topics. The project is processed as a post-enforcement permit. Interpretive Ruling on NRCS Soils Survey Map. In addition to the completedPCNForm, at a minimum you should include the following items with your application: Applications may be submitted electronically via options provided on the Online Submissions Formswebpage or by submitting paper copies as instructed below. Other elements of state law that do not apply to State 404 Program permits may be found in the State 404 Program Applicants Handbook, section 8.4. A nonbinding preliminary JD indicates the chances of such waters being present on a piece of land, along with the approximate locations. it in a good faith effort to retain us, and, further, even if you consider it confidential, The State 404 Program is a separate program from the existingERP program, and projects within state-assumed watersrequire both an ERP and a State 404 Program authorization. LDEQ. If DEP then determines during the ERP review that the project will impact WOTUS, then DEP will contact you to continue to process the State 404 Program authorization. Please see ourfeepage for more information. A Section 404 permit decision from the United States Army Corps of Engineers is expected in September 2027. The Chapter 62-340, F.A.C., formal determination may be used to show the boundary of wetlands and other surface waters, and the existing, valid, USACE AJD may be used to determine which, if any, of those waters are not WOTUS. Have alternative options, designs and locations been considered? "404" refers to Section 404 of the Clean Water Act. A use is considered existing if it was present within the riparian buffer prior to the effective date of that rule for DWR regulated activities (Neuse: July 22, 1997; Tar-Pamlico: January 1, 2000; Catawba: June 30, 2001; Randleman: April 1, 1999; Goose Creek: February 1, 2009; Jordan Lake: August 11, 2009 or the date of local government implementation for local government regulated activities). The State 404 Program became effective on Dec. 22, 2020, the dateEPA published approval in the Federal Register. Before you start any project that might have impacts, contact your localUSACEorDWRrepresentative to determine whether permits are needed. . Riparian buffers filter stormwater runoff before it enters the stream. Florida submitted its assumption package to the EPA on Aug. 20, 2020. Yes. Who determines if a wetland is jurisdictional? However, if verification is required from DEP or if the project will impact non-WOTUS wetlands and the applicant is applying only for an Environmental Resource Permit (ERP), the applicant may apply for a State 404 No Permit Required verification, which should include information about the project footprint, the location of wetlands and other surface waters onsite delineated pursuant to Chapter 62-340, F.A.C., and documentation demonstrating which waters the applicant believes are not WOTUS pursuant to 40 C.F.R. Please note that your project is still covered under the 401 WQC and all conditions of that certification must be followed, including thestormwater management plancondition. They exhibit the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. The exemption from section 9 prohibitions provide by the ITS covers the permittee as long as the permittee abides by the State 404 permit conditions. Can Iuse the online soil survey maps to determine if a stream is subject? Can I still use it under the State 404 Program? (Army Corps) What projects are exempt from needing a permit? DEPs state laws and administrative rules related to the State 404 Program were approved by the U.S. Environmental Protection Agency (EPA) and must be used to review all State 404 Program permits. Needed prior to issuance of a 10/404 permit decision Subsequent 30-day completeness review(s) and 90-day RAI period(s) as needed until project is found to be administratively complete.. Under this new rule, project proponents will find fewer waters and wetlands on their projects that require avoidance, minimization, or 404 permitting. What if I do not need written approval to be covered under a 401 WQC? A water of the United States may be present in a location in the following scenarios: You can get access to the jurisdictional determination (JD) of the WOTUS and the locations and boundaries from the USACE. U A crosswalk between the NWPs and State 404 general permits in Chapter 62-331, F.A.C., is below. General information for all State 404 Program reviews: Does an applicant need to have the State 404 Program review and ERP review done at the same time? Florida Department of Environmental Protection, Your JavaScript is turned off limiting this websites functionality. A Section 404 permit is required from the USACE when a project requires fill or other modification of waters. The North Carolina Division of WaterResources (DWR) is the state agency responsible for issuing 401 water quality certifications (WQC). 1344). To provide some regulatory certainty to applicants of these larger projects, subsection 62-331.051(2), F.A.C., provides that all activities reasonably related to the project shall be included in the same permit application, which means that the applicant should provide sufficient information for the agency to review the entire scope of the project. How can I track the status of my application? Who do I contact if I have questions about riparian buffer rules? Major Variances are for impacts to Zone 1 or Zones 1 and 2 of the buffer. Do streams have to be on a map to be regulated? This can also be done keeping in mind any potential project modifications that may be required under the 404 permit application. Fish and Wildlife Service Biological Opinion) are available for public review. What is the difference between a modified natural stream and a ditch or canal? They may exhibit hydrological and biological characteristics similar to streams. Applicants are encouraged to engage in pre-application reviews with DEP, who can coordinate the submitted pre-application information with the state and federal wildlife agencies. If EPA does not hold a public meeting, DEP shall, within 90 days of receipt of the objection or requirement for a permit condition, either issue the permit revised to satisfy EPAs objections or notify EPA of its intent to deny the permit. Which activities are not regulated under the State 404 Program? Under the CWA, it is the Corps' responsibility to issue all section 404 permits, enforce the section 404 provisions, develop policy and guidance, and make certain jurisdictional determinations. Yes. Minor changes were also made to the ERP rules in Chapter 62-330, F.A.C., to facilitate assumption. March 24, 2022 Table of Contents What is a 404 Permit & How to Pull One? Also, we cannot treat unsolicited or assumed USACE regional general permits (RGPs))? For federally listed species, the USFWS has an online project planning tool called Information for Planning and Consultation (IPaC) at https://ecos.fws.gov/ipac/. This information includes: Many of these requirements are outlined in section 62-331.060(1), F.A.C., the application form, the State 404 Program Applicants Handbook and the Applicants Handbook Volume I. For a permit application for which notice is provided under Subsection (b)(2), the municipality must grant or deny the permit not later than the 30th day after the date the notice is received. could be considered WOTUS, and will treat them as if they are, unless the applicant specifically requests a WOTUS determination and provides information clearly demonstrating why they believe one or more waters are not WOTUS. Section 404 of the Clean Water Act (33 U.S.C. B. Yes; modifications to existing USACE permits within state-assumed waters require DEP to process and issue a new permit under the State 404 Program. A riparian buffer is a vegetated area bordering a body of water, such as a stream, lake or pond. Because of this, each permit can only contain 5 years worth of work. EPA shall conduct a public meeting if requested by the Agency, or if warranted by significant public interest based on requests received. What if I dont want DEP to process a State 404 Program authorization for my project? Of the 591 projects transferred, 380 pending projects were requesting something other than a stand-alone AJD (permits or No Permit Required determinations); these are currently being processed by DEP local district offices or DEPs Mining and Mitigation program. 401 & Isolated Wetlands/ Waters Program & 401 Stormwater, Nutrient Offset & Buffer Mitigation Program, 401 & Buffer Permitting Compliance Assistance, Surface Water Identification Training and Certification (SWITC) Course. To provide certainty, streamlining, and efficiency, DEP will consider that any wetlands or other surface waters delineated in accordance with Chapter 62-340, F.A.C., that are regulated under Part IV of Chapter 373, F.S., could be considered WOTUS, and will treat them as if they are, unless the applicant clearly demonstrates otherwise. This provides greater certainty to the regulated community, conserves resources of both the applicant and regulator, and affordsthe state greater control over its natural resources while complying with federal law. They exhibit the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. Once a staff report is submitted, DWR may issue the 401 Certification or may request more information. EPA's CWA Section 404(c) review process. A complete description of existing and proposed activities, including drawings, plans, locations, purpose, and intended use property. information as confidential. The names of any federal or state-listed listed species or federally designated critical habitat that might be affected by, or is in the vicinity of, the proposed activity should be included in the submittal. When dry, they typically lack the biological and hydrological characteristics commonly associated with continuous conveyances of water. The Clean Water Act requires that you should have a Section 404 permit from the USACE before any fill material or dredged material gets discharged into the above-mentioned WOTUS. For more information about existing uses, please see the appropriate bufferrule(s). However, an applicant may voluntarily contact the USFWS to see if potential impacts to federally listed species can be resolved before applying for a State 404 permit. 328)? This does not change the usual 30-day completeness review or 60/90-day Request for Additional Information (RAI) timeframes only the 60 day agency action timeframe after the ERP review has been declared complete. Some content on this site is saved in an alternative format. Through this process, Chapter 62-331, Florida Administrative Code (F.A.C. A federal U.S. Army Corps of Engineers 404 Permit and Water Quality Certification may also be required. These coordinating entities may request that a project be elevated to an individual permit review if project may adversely affect state or federal listed species or historical, cultural, or tribal resources. 60 days for applicant to amend notice if additional information required (sent via general permit does not qualify (DNQ) letter). This includes activities such as "fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects" (EPA). State 404 Program permits are limited in duration to five years. A. Landowners should undertake due diligence to evaluate and document the regulatory status of wetlands, ponds . window.dataLayer = window.dataLayer || []; ): NC DWR,Transportation PermittingBranch 512 North Salisbury Street Raleigh, NC 27604. There are three stream types: ephemeral, intermittent, and perennial. 233.72), and in accordance with Section 404 State Program Regulations (40 C.F.R. State 404 Program permits shall be issued for a duration of no more than five years, and each permit shall contain no more than five years worth of work. They can be surface or underground, public or private, natural or artificial. If you choose not to pursue a State 404 Program permit and later inspection reveals that WOTUS were impacted without a permit, you may be subject to enforcement under state and/or federal law. When deciding whether to purchase or develop property, it is important to examine whether a water of the United States may be present in the project area. The vegetation also acts like a filter and sponge to remove, transform, or store nutrients and other pollutants. When it comes to activities such as transportation or utilities, notifications are required only when certain conditions are met. Depending on the site-specific circumstances of a project, a Section 404 Wetlands Permit is generally not required for isolated wetlands and ponds, ephemeral streams, and for most ditches, detention ponds and drainage infrastructure. To account for these differences and to provide consistency in review and sufficient mitigation for impacts, DEP will require purchase of federal credits when an applicant proposes to use a mitigation bank or in-lieu fee program to offset their impacts under the State 404 Program. What happened to the projects pending with the U.S. Army Corps of Engineers (USACE) when DEP was granted assumption in December 2020? You may require an approved JD that confirms whether such waters are present or not. Apply for a formal determination under Chapter 62-340, F.A.C., and request that DEP perform a WOTUS jurisdictional determination with the formal determination. Cross-walk Between USACE Nationwide Permits and Similar State 404 Program General Permits, State 404 Program Title of General Permit. The Florida Department of Environmental Protection is the states lead agency for environmental management and stewardship protecting our air, water and land. A lock icon or https:// means youve safely connected to the official website. Large project sites and/or those requiring complex WOTUS determinations with multiple wetlands to evaluate typically take longer to complete than smaller or less complex project sites. Part 230, Section 404(b)(1) Guidelines for Specifications of Disposal Sites for Dredged or Fill Material) (hereinafter 404(b)(1) Guidelines), and provisions contained in this Agreement and the Memorandum of Agreement between FDEP and the United States Army Corps of Engineers (Corps).. Temporary impacts including dewatering of dredged material prior to final disposal and temporary fill for access roads, cofferdams, storage and work areas. A summary of the process is provided below: How will DEP handle determinations that No Permit is Required (NPR)? The additional information or public comments already submitted to the USACE may assist DEP with a more efficient review. Surface Water Protection Regional Office Staff. Use of a special permit allows for greater oversight and development of transport history and data prior to determining whether to adopt the terms of the special permit in the HMR for broad application . In the Randleman Lake Watershedthe buffer applies to: same as above OR if other site specific evidence indicates to DWR the presence of waters not shown on either of the two maps. To be eligible, the proposed activity must be feasible and the least environmentally damaging alternative; impacts must be avoided, minimized, or compensated for (often through the use of compensatory programs such as mitigation banks or in-lieu fee programs); and the activity must not be contrary to the public interest. Applications should be submitted on the appropriate state form (See State 404 Handbook, section 4.3). Endangered species coordination between the USACE and the USFWS for Clean Water Act (404) permits is typically referred to as Section 7 consultation. When DEP has received an EPA objection or requirement for a permit condition: DEP shall not issue the permit unless the steps required by the EPA to eliminate the objection or condition the permit have been taken. If such waters are present on the site, Service First Permits will work with you to avoid or minimize the impacts on such features and assist with the application. Please do not send application materials to this email address. Amodified natural streammeans the channelization or relocation of a stream. State assumption of the 404 programprovides a streamlined permitting procedure within which both federal and state requirements are addressed by state permits. 232.3, Appendix B of State 404 Program Applicants Handbook)? NO!!! that may require a significant amount of coordination with USFWS in order to evaluate and resolve any impacts to federally listed species. If written approval is not required, and the project meets all of the conditions of the certification, then you do not need to submit a formal application to DWR, nor will you receive a signed 401 WQC from DWR. Because section 7 of the Endangered Species Act (ESA) describes federal coordination, the terminology Section 7 consultation is not used between Florida and the USFWS when coordinating on State 404 permit reviews. For questions regarding minor exceptions, minor variances, and buffer authorizations in the Neuse and Tar-Pamlico Basins in the non-coastal counties contact theRaleigh Regional Office. Minor Exceptions are for impacts less than 1/3 acre, Major Exceptions are for impacts greater than 1/3 acre. The vegetated area closest to the body of water stabilizes the streambank and provides shade and habitat for aquatic life. Each DEP local district office or program area will place public notices within their district on their respective websites. The Corps and EPA also may seek an injunction to halt the project or make the developer restore the real estate to its natural condition. about any matter that may involve you until you receive a written statement from 230. . The following icons link to free Reader/Viewer software: Notice of application is sent to the FWC, USFWS, State Historic Preservation Office, and Tribal Historic Preservation Office(r)s for initial review. State 404 permits are limited in duration under federal law. Minor modifications may include other minor changes; however, in no case will a minor modification expand the volume or amount, enlarge the footprint, change the location, or extend the duration of the authorized discharge. The following points should provide you insights into how to get a 404 Permit: Copyright 2022 Service First Permits, LLC Consequently, the flow is relocated. For individual permits, the project will need to be publicly noticed under DEP review. you use a single form to request both a 404 Permit and 401 Certification. If your project will take more than 5 years for completion, it will be required to submit information accordingly. EPAapproved Floridas program on Dec. 17, 2020. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and forestry activities). The U.S. Army Corps of Engineers' (USACE) Regulatory Program involves the regulating of discharges of dredged or fill material into waters of the United States and structures or work in navigable. In the Jordan Lake Watershedthe buffer applies to: intermittent streams, perennial streams, lakes, ponds and reservoirs that are depicted only on the following maps: the most recent printed version of the soil survey map prepared by the Natural Resources Conservation Service OR the 1:24,000 scale quadrangle topographic map prepared by the U.S. Geologic Survey OR a map approved by the Geographic Information Coordinating Council and by the N.C. Environmental Management Commission. Apply for a State 404 Program permit and specifically request that a WOTUS jurisdictional determination be completed during review of the permit application. What if my project will take longer than five years to complete? Additional information on the pre-construction notification process, The area is located in a low-lying area that holds water for several days after a heavy rain, The water table is not far below the surface, There is a thick layer of organic matter in the upper part of the soil column, The area is located near or adjacent to a river, stream, creek, swamp or bayou, Plants in the area are different from those in higher-elevation areas nearby, Water marks are visible on trees or other objects. This ensures a comprehensive, coordinated review of potential effects and impacts to federal listed and state-listed species and their habitats. Variances for Tar-Pamlico, Neuse, Catawba, Randleman, and Goose Creek: An authorization with exception is required for any activity that is not specifically listed in the Table of Uses in Tar-Pamlico, Neuse, Catawba, Randleman, and Goose Creek. The EPA also has a role to play in the process, as it has the power to veto such a permit. PDF: | gtag('config', 'G-LH75ZGWFY2'); Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. Permit. Examples of dredging activities include excavation, clearing of vegetation and the removal of trash. If your modification does not qualify as a minor modification that the USACE may process, as defined above, then it will need to be processed by DEP as a new permit under the State 404 Program. Please send your completed application with all attachments to: NC DWR,401 &Buffer PermittingUnit1617 Mail Service Center Raleigh, NC 27669-1617. If you have questions concerning regarding Section 404 permitting, please contact Peter Strassner, Paul Sonderegger or Sara Chamberlain in Thompson Coburns Environmental practice area. Department of Army permits are required by Section 10 of the Rivers & Harbors Act of 1899 for any structure(s) or work in or affecting navigable waters of the United States and by Section 404 of the Clean Water Act for Accordingly, please do not send us any information (d) If a municipality fails to grant or deny a permit application in the time required by Subsection (c) or by an agreement under Subsection (b)(3), the . Delineation of the boundary of wetlands and other surface waters will need to be done using the states delineation rule under Chapter 62-340, F.A.C. There were 591 pending projects transferred from USACE to DEP, many of which were requests for USACE Approved Jurisdictional Determinations (AJDs) under the new federal Navigable Waters Protection Rule. Minor Variances are for impacts to Zone 2 of the buffer only. Fill activities may include the placement of fill material to build structures, roads or causeways, the construction of levees, or the installation of shore protection such as riprap or seawalls. It is essential that when you plan your project, you seek all practical attempts to avoid or minimize impacts to streams, wetlands and open waters. The permitting process is not automatic applicants must demonstrate that they have avoided and minimized impacts to the maximum extent practical. Any party that may discharge dredged or fill materials into a water of the United States will need to apply to the Corps for a permit. How do I send my buffer authorization or variance application my project will take more than 5 years, see... Respective websites and for related work within LDOTD ROW 33 U.S.C required from the fact that approximately %! Dep was granted assumption in December 2020 of activities that may require a significant amount coordination! 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