Frequently Asked ERP Questions and Answers
Welcome to the Northwest Florida Water Management District, ERP FAQ page. In an effort to better assist you, we have collected the most commonly asked questions and answers associated with Environmental Resource Permitting (ERP). This web page will be updated routinely to maintain the most current and applicable information available. If you are unable to find the answers to your question below, please contact your local District ERP office.
Tallahassee Field Office
The Delaney Center Building, Suite 2-D
2252 Killearn Center Boulevard
Tallahassee, FL 32309
Telephone (850) 921-2986
Crestview Field Office
800 Hospital Drive
Crestview, Florida 32539
Telephone (850) 683-5044 / Fax (850) 683-5050
Submit a Question
What is ERP or Environmental Resource Permitting?
What is the difference between ERP Phase I and ERP Phase II?
When will Phase II be adopted and implemented?
What if I already have a stormwater or dredge and fill permit, will I need a new one for ERP?
Where do I send my permit application?
How much is my permit application fee?
How long will it take for a permit to be issued?
What constitutes a complete individual permit application?
What deficiencies are most frequently found in individual permit application submittals?
Where can I find the ERP Rules?
Is this program the same as ERP in the rest of the state?
How do I know which permit I need?
Can I be notified about permit applications through the email?
How do I report potential violations?
Do I have to apply for my permit on the web?
Where can I get copies of the ERP forms and other documents?
I am the developer, but a homeowners association will ultimately own and maintain the stormwater system; should I be listed in the initial application as the applicant or should the homeowners association?
What types of documents should be included in an ERP application to provide the District the assurance that the homeowners association has the means to maintain the stormwater system?
If the owner doesn’t know, how do I find all the permits a developed site already has so I can enter that on my application?
Do you have any information that can help me as an owner/operator to maintain my systems?
Do I need to use specific modeling software when preparing my application?
I am demolishing a building and not replacing it with anything, do I need an ERP permit?
My lot in a subdivision has a vegetative buffer that is part of the stormwater treatment system. Can I use this area without violating the permit conditions?
Where do I find the 25-year, 96-hour storm volumes required for stormwater volume control in closed basins in Applicant's Handbook II?
How do I define my project area?
What is the difference between the runoff from 1 inch of rainfall and a half-inch of runoff?
How do I calculate the composite runoff coefficient (C-Value) for my activity?
What is a storm water pollution prevention plan?
When does a project qualify for the rural subdivision criteria?
When is a stormwater management system required to provide attenuation for the 2-year/24-hour storm event?
Will wetland resource permits issued under chapter 62-312, F.A.C., received prior to implementation of ERP Phase II, still be valid?
What is a wetland?
What is mitigation?
There is no water on my property, can there still be wetlands?
How do I know if my project is in a Karst Sensitive Area and what do I do if it is?
What is E-permitting and how do I use it?
I entered my proposed activity into the Exemption Self-Certification module of the E-Permitting website and was told my activity did not qualify for an exemption, however I have reviewed 62-346.051, F.A.C., and believe that my project is exempt, what do I do now?
Administrative and Application
What is ERP or Environmental Resource Permitting?
Environmental Resource Permitting is the new permitting program for Florida’s Panhandle encompassing the geographic area of the Northwest Florida Water Management District and is jointly administered by the Northwest Florida Water Management District and the Department of Environmental Protection (click here for more information).
House Bill 7163 required that the program be implemented in two phases. Phase I (effective October 1, 2007) regulates activities previously covered under the Panhandle's stormwater rule for quality, Chapter 62-25, Florida Administrative Code (F.A.C). It adds new protective measures for managing stormwater quantity and quality. Phase II is scheduled to be implemented in the Spring of 2010 and will regulate all activities in phase I as well as activities currently regulated in the Panhandle’s dredge and fill rule, Chapter 62-312, F.A.C. Phase II will expand protection to isolated wetlands and attempt to streamline current permitting processes by incorporating the application for a Corps of Engineers permit with the application for an ERP.
New permitting requirements will result in improved water quality in lakes, rivers, and streams by encouraging retrofitting of outdated stormwater treatment facilities while providing incentives for the construction of facilities in areas without any historical treatment. ERP also implements new requirements to help prevent the formation of sinkholes in retention ponds located within Karst sensitive areas. Additional requirements will result in better Flood Protection.
What is the difference between ERP Phase I and ERP Phase II?
Phase I encompasses the stormwater portion of the Environmental Resource Permitting Rules. It describes permitting thresholds, activity types, agency responsibilities, and other parameters for the regulation of activities that generate stormwater runoff. Phase II will continue the regulations from Phase I as well as new wetland permitting regulations. This phase will set the parameters for regulating activates that impact wetlands and other surface waters in the Panhandle including isolated wetlands.
When will Phase II be adopted and implemented?
Phase II is currently scheduled for adoption and implementation in the Spring of 2010.
What if I already have a stormwater or dredge and fill permit, will I need a new one for ERP?
If you have received a permit to conduct an activity under the previous stormwater rule, Chapter 62-25, F.A.C., you may not need a permit under the ERP rule, Chapter 62-346, F.A.C. You are encouraged to contact the District to discuss the specifics of your activity.
Where do I send my permit application?
The Environmental Resource Permitting Program is jointly regulated by the Northwest Florida Water Management District and the Northwest District of the Florida Department of Environmental Protection. Regulation is based on an activity split described in the operating agreement contained in appendix A, of Applicant’s Handbook, Volume I. You can access the work split maps in the contacts section. For a generalized description of the work split, you may want to download the ERP Public Pamphlet available in the downloads section.
How much is my permit application fee?
The answer depends on which authorization you are applying for and the size and scope of your proposed activities. If your project appears to qualify for multiple fees, the highest fee will apply.
Under Phase I rules:
- Noticed General Permit (NGP) applications require a $250.00 application fee.
- Individual Permit applications have 3 categories
- $3,510.00 fee
- Activities with project areas of greater than or equal to 100 acres, or
- that are capable of impounding greater than or equal to 120 acre-feet of water
- $1,340.00 fee
- Activities that have a project area of less than 100 acres but greater than or equal to 40 acres, or
- are capable of impounding less than 120 but more than 40 acre-feet of water, or that provide for the placement of 12 or more acres of impervious surface that also constitutes more than 40 percent of the total land area
- $310.00 fee
- An activity that does not exceed any of the thresholds listed above and does not qualify for a NGP or Exemption
- Retrofit Applications have a $310.00 fee.
- Modifications to a permit issued under Chapter 62-346, F.A.C.
- Major Modifications have a fee equal to the fee required for a new project of the same size and activity type. See the individual permit fees listed above
- Minor Modifications
- Most minor modification do not require a fee, however;
- Transfer of permit has an $80.00 fee
- Extension of a permit duration has an $80.00 fee
- Exemption Verifications have a $100 fee. However, there is no fee for applicants using the E-permitting Exemption Self-Certification Application.
- Local Municipalities and county agencies may qualify for a reduced fee.
Additional changes to the fee structure will apply during the implementation of Phase II ERP, set for the spring of 2010.
How long will it take for a permit to be issued?
The District has 30 days from the receipt of an application to determine whether or not it is complete. If it is not complete, a letter (Request for Additional Information “RAI”) will be issued within the first 30 days notifying the applicant of the application’s deficiencies and omissions. The applicant then has 90 days to respond and address the items noted in the RAI. The District then has another 30 days to review the response and may issue another RAI if there are still outstanding items (which would repeat the cycle) or determine the application to be complete. After the application has been determined to be complete, the District has 90 days from the date the application was made complete, to either issue or deny the permit. For example, if the District receives an application on January 2nd, and determines on January 22nd that the application was complete when it was originally submitted, the District has 70 days to take final agency action. If the District receives an application on January 2nd; determines it to be incomplete and issues an RAI on January 20th; and the applicant’s response provides the information to complete the application on February 2nd, then the District has 90 days from February 2nd to take final agency action.
What constitutes a complete individual permit application?
To be complete, an application must include:
- All of the information and signatures requested in Section A of Form 62-346.900(1), F.A.C., “Application for Stormwater Permit in Northwest Florida”,
- All the supplemental information, applicable to the particular activity, listed in Section B of that same form, and
- The fee required in 62-346.071, F.A.C..
The District highly recommends using Section B of the application form as a check-list. Applicants are also encouraged to list the location of the requested information as it appears in the submission package next to each item on that page, and then to submit it along with the rest of the application. Not only does this help to ensure that something is not mistakenly left out by the applicant but it also speeds District staff review time by serving as an index for the critical information District staff require during their review.
What deficiencies are most frequently found in individual permit application submittals?
1. The topographic survey submitted with the application is not referenced to either NGVD 1929 or NAVD 1988. In addition, the construction plans, topographic survey, geotechnical report and calculations should all be referenced to the same datum.
2. Detailed pre- and post-development drainage maps are not provided in the construction plans. These drainage maps must accurately account for the topography on- and off-site and show off-site areas which will drain into the proposed stormwater management system.
3. The geotechnical investigation and report does not estimate the seasonal high groundwater table elevations within proposed stormwater management systems and representative of the site. The report should identify the means and methods used to determine the seasonal high groundwater table elevations.
4. The geotechnical investigation did not conduct soil permeability testing to determine the unsaturated and saturated vertical hydraulic conductivities and the saturated horizontal hydraulic conductivity. The geotechnical report should identify the type and results of the tests and locations where the tests were conducted. Tests should be conducted within each proposed stormwater management system designed to recover the required treatment volume into the soils underlying the system.
5. Submitted construction plans, calculations, geotechnical reports, surveys and other documents are not signed and sealed by the registered professional who created them.
6. Treatment volume recovery calculations for stormwater management systems designed to utilize underlying soils for recovery are not done in accordance with Section 13.3 of Applicant’s Handbook Volume II. The methodology used should account for the location of the seasonal high groundwater table elevation below the system and the resulting horizontal flow regime and groundwater mounding. Section 13.5 of Applicant’s Handbook Volume II provides a detailed example of how to do this by hand.
7. The construction plans do not include notes and details indicating the following:
A. Corrective actions to be undertaken (including notifying the District) should a sink hole develop
during construction that would allow direct discharge of untreated stormwater into the Floridan Aquifer System;
B. The entity, including contact information, responsible for monitoring construction and submitting the Notice of Construction Commencement and As-Built Certifications to the District;
C. The location of the disposal site for any excavated material, including temporary and permanent disposal sites;
D. The location of roof drains that will direct stormwater run-off into the proposed stormwater management system, and;
E. The location and details of the erosion, sediment and turbidity control measures to be implemented during each phase of construction and a sequence of construction detailing when these control measures will be installed. In addition, the locations and details of the proposed construction entrances with appropriate erosion and sediment control measures must be included.
8. Drainage area details are not provided for each separate stormwater management system including:
A. The total watershed area (contributing area);
B. The total impervious (separated by type of impervious surface, i.e. building, parking lot, roads, etc.) and pervious area over that watershed area;
C. The project area within that watershed area (if off-site run-off is accepted by the system);
D. The total impervious (separated by type of impervious surface, i.e. building, parking lot, roads, etc.) and pervious area over the project area within the watershed area;
E. The compensatory area within the project area that is not proposed to be routed into the system;
F. The composite run-off coefficient (C-value) and curve number (CN);
G. Stage-Area-Storage tables representative of the system and matching the construction plan contours, and;
H. The required and provided treatment and permanent pool volumes and elevations within the system, as appropriate for the type of treatment provided.
Where can I find the ERP Rules?
The ERP rules for the Panhandle are found in Chapter 62-346, F.A.C. This rule and others regulating certain activities in the Panhandle under Northwest ERP can be found in the Rules section of this website.
Is this program the same as ERP in the rest of the state?
In many ways this program parallels ERP in the rest of the state. There are, however, differences in permitting thresholds and application submittal. For this reason and others it is recommended that you become familiar with the Northwest District’s ERP rules and the operating agreement before submitting an application and conducting any activity.
How do I report potential violations?
You can report potential violations in two ways:
1. You can contact your local (regional) ERP office in Crestview or Tallahassee at the telephone numbers listed in the contacts section of this website
2. Use the on-line complaints form
Can I be notified about permit applications through email?
Absolutely! Go to the E-permitting portal, create a user account, login, and then use the E-notification module to sign up for electronic notices. Users may alternatively contact the District in writing and request notification for any permits currently in house and even define the area of interest.
How do I know which permit I need?
There are 3 basic authorizations for activities regulated by the Bureau of Environmental Resource Regulation;
- Exemptions: as described in Rule 62-346.051, F.A.C. If your project qualifies for an exemption, you may conduct your activity without notification to the District provided that the exemption criteria under which you are conducting your activity, do not require noticing. You can verify your exemption through the District’s on-line Exemption Self-Certification module of the E-permitting portal.
- Noticed General Permits (NGP) as described in Chapter 62-341, F.A.C. To conduct activities under a specific NGP, you must meet all of the requirements for that NGP, and submit a notice of intent to use a NGP to the District. You may not begin your activity until the District responds to your notice, or 30 days have passed since the notice was received. You may submit your notice on-line using the District’s E-permitting Portal.
- Individual Permits as described in Chapter 62-346, F.A.C. If your project does not qualify for either an exemption or a NGP, then you will need to submit an application to the District for an Individual permit. You may apply on-line using the District’s E-permitting Portal.
Do I have to apply for my permit on the web?
Although on-line application provides for a faster receipt and commencement of review by the District which may result in faster processing, you are not required to submit you applications on-line. You may submit your application and other requests to the District at your local office by mail or other means.
Where can I get copies of the ERP forms and other documents?
Forms used in the ERP program can be found in the Downloads section of this web site. In the future, all forms and documents will be able to be submitted electronically through the ERP Document Portal
I am the developer, but a homeowners association will ultimately own and maintain the stormwater system; should I be listed in the initial application as the applicant or should the homeowners association?
The applicant is the individual or entity to whom the permit will be issued. In this case, you would be the applicant. After the project has been completed, you will submit a request for conversion to operation and maintenance, as-built certifications and, if you are transferring ownership, operation, and maintenance to the homeowners association, a transfer of ownership and required fee. The District will review these documents and determine if the Homeowners Association is an acceptable entity. Be aware that you are still responsible for the operation and maintenance of the facility until the transfer has been approved.
What types of documents should be included in an ERP application to provide the District the assurance that the homeowners association has the means to maintain the stormwater system?
A list of qualifications for operation and maintenance entities is provided in Section 12.3.1 Operation and Maintenance Entities of the Applicant's Handbook Volume I. Additional Example language for operation and maintenance documents are provided in Appendix D of the Applicant's Handbook Volume I.
If the owner doesn’t know, how do I find all the permits a developed site already has so I can enter that on my application?
There are a number of locations that you may check:
The local municipal permitting office
The county in which your project is located
The Florida Department of Environmental Protection
The US Army Corps of Engineers
NWFWMD's E-permitting permit search page
Do you have any information that can help me as an owner/operator to maintain my systems?
The District and the Department have developed an informative brochure describing the new ERP program. In addition to this, the District has developed a series of educational and informative brochures to assist owner operators as well as residence in maintaining the successful operation of their stormwater facilities. These documents can be found in the Downloads section of this website.
Do I need to use specific modeling software when preparing my application?
Section 3.3.2 of the Applicant's Handbook Volume II, methodologies and software that can be used. HEC-HMS, SWMM 5 or higher, and ICPR are identified specifically and accepted. Applicants may use other methods and, in this case software, provided that the applicant can provide reasonable assurance that the alternative has comparable accuracy and reliability as the ones listed.
I am demolishing a building and not replacing it with anything, do I need an ERP permit?
You may or may not need a permit depending on the site and the activity. For example, if your site has an existing stormwater management system that will be removed or otherwise impacted, you will need to apply to the District for an ERP permit. If on the other hand, your site does not have a stormwater management system, and your work will not result in the creation of additional impervious area, then you may not need an ERP permit. In any case, regardless of the site, you will have to provide for the proper stabilization and erosion controls.
My lot in a subdivision has a vegetative buffer that is part of the stormwater treatment system. Can I use this area without violating the permit conditions?
A vegetative natural buffer is designed as part of the stormwater management system and as such is intended to be left in its natural state. You are not permitted to clear or otherwise impact the vegetation or flow of water. For example, you may not extend your fence, build any structure, park any vehicle, develop walking paths, cycling paths, ATV or other vehicular paths, or remove vegetation unless expressly permitted in the ERP permit, to list a few.
Where do I find the 25-year, 96-hour storm volumes required for stormwater volume control in closed basins in Applicant's Handbook II?
Storm volume curves for the 25-year, 96-hour storm event (pdf)
How do I define my project area?
The project area is defined as the area being modified or altered in conjunction with your proposed activity, including all areas that are part of the stormwater management system. Generally, the project area is the area of where you will be disturbing earth associated with the activity. For residential developments this often includes the entire area of the proposed lots, even if during the initial construction phase no disturbance is proposed. This accounts for home and driveway construction and the placement of turf and other landscaping by the future homeowner.
What is the difference between the runoff from 1 inch of rainfall and a half-inch of runoff?
The treatment volume required for retention, exfiltration, underdrain and dry detention with effluent filtration (sand filter) systems is the greater of a half-inch of runoff or 1 inch of rainfall over the watershed contributing to the system.
A half-inch of runoff is a simple volume calculation equating to a half-inch multiplied by the watershed area with appropriate conversion factors to convert the result to acre-feet or cubic feet.
The runoff from 1 inch of rainfall takes into account the activity’s post-development land cover in the form the composite runoff coefficient (also known as the C-value), using the modified rational method assumptions. The volume of runoff from 1 inch of rainfall then equates to the composite runoff coefficient multiplied by 1 inch then multiplied by the watershed area, again with appropriate conversion factors to convert the result to acre-feet or cubic feet.
Therefore, when the composite runoff coefficient for the activity is less than 0.5, the half-inch of runoff will be the required treatment volume and conversely when it is greater than 0.5 the runoff from 1 inch of rainfall will be the required treatment volume.
How do I calculate the composite runoff coefficient (C-Value) for my activity?
The composite runoff coefficient is a weighted average of all of the post-development land uses proposed by your activity and within the watershed served by your stormwater management system. Generally, impervious areas are weighted with a value of 0.95, stormwater systems and surface waters with 1.0, and pervious areas with a value appropriate for the vegetation and slope (these values can be found in most hydrology handbooks). Each land use type is multiplied by the appropriate weight value and then they are all summed and divided by the total watershed area:
Composite Runoff Coefficient = CimperviousAreaimpervious + CperviousAreapervious + CpondAreapond
Total Watershed Area
For example, an activity proposes to utilize a 1 acre retention basin to capture the runoff from a watershed with 5 acres of impervious area and 4 acres of pervious area, having a total watershed area of 10 acres. Assuming the impervious area has a weight value of 0.95, the retention basin a weight value of 1.0 and the pervious area a weight value of 0.25, the composite runoff coefficient would be calculated as follows:
Composite Runoff Coefficient = 0.95 x 5 acres + 0.25 x 4 acres + 1.0 x 1 acre = 0.68
10 acres
Following through with the treatment volume calculations, the proposed retention basin would be required to provide 0.68 x 10 acres x 1 inch x (1 foot/ 12 inches) = 0.57 acre-feet of treatment volume.
What is a storm water pollution prevention plan?
It is a plan required under the NPDES stormwater program which is a separate permitting program from the environmental resource program. For details see http://www.dep.state.fl.us/water/stormwater/npdes/swppp.htm
When does a project qualify for the rural subdivision criteria?
A project can potentially meet the rural subdivision criteria if not more than five percent impervious area is proposed as part of the project. The percent impervious area includes all proposed common roads, buildings, clubhouses, etc. as well as the impervious area based upon the typical lot layout (i.e., including homes, driveways, etc.).
When is a stormwater management system required to provide attenuation for the 2-year/24-hour storm event?
For systems serving new construction that is greater than 50 percent impervious over the project area, the post-development peak discharge rate must not exceed the pre-development peak discharge rate for the 2-year, 24-hour design storm event. When calculating the impervious area for this purpose, exclude water bodies and the area providing stormwater treatment.
Will wetland resource permits issued under chapter 62-312, F.A.C., received prior to implementation of ERP Phase II, still be valid?
Yes, wetland permits received under the previous rules, 62-312, F.A.C. will be valid until their expiration. If the previously permitted activity is not completed prior to the permit expiration, a new Environmental Resource Permit may be required under Chapter 62-346, F.A.C.
What is a wetland?
In accordance with 62-340.200(19), F.A.C., a wetland means 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 do 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 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 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, mangroves swamps, and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.
What is mitigation?
Mitigation is one method that applicants can use to offset impacts to the functional value provided by wetlands and other surface waters. To offset impacts, you may provide a plan for approval that uses one or any combination of restoration, enhancement, or preservation of existing or to be created wetlands. There scenarios where you may propose mitigation conducted in uplands. Contact the District before you decide to develop a mitigation plan.
There is no water on my property, can there still be wetlands?
Absolutely; depending upon the location of your property, ground water table levels, and the frequency and duration that they stay at or near the surface, you may still have wetlands on site. As the definition in F.A.C. indicates, the presence of water is only one component of a wetland that includes vegetation and soil characteristics. Contact any District office if you have questions.
How do I know if my project is in a Karst Sensitive Area and what do I do if it is?
There are methods to assist you in determining whether your project is within the Karst Sensitive areas:
1. Use the map located in Chapter 17 of Applicant's Handbook Volume II
2. Use the section, township, and range tables in Chapter 17 of Applicant's Handbook Volume II
3. Coming soon, ArcIMS. With this interactive geographic application, you will be able to point you cursor to a location on the map, and retrieve valuable information about that location and its surrounding areas.
If your project is in a designated Karst Sensitive area, you must design your stormwater management system to meet the criteria listed in Chapter 17, of Applicant’s handbook Volume II.
What is E-permitting and how do I use it?
E-permitting (electronic permitting) is a process by which any applicant can submit a request, notice, or application to the Water Management District for activities covered under the ERP Rule; submit documents relating to that application; and track its review progress; all from their office, home, or mobile computer. This process also allows any interested party to search the District’s ERP permitting database for applications and other documents associated with ERP regulated activities. You can access this application here.
I entered my proposed activity into the Exemption Self-Certification module of the E-Permitting website and was told my activity did not qualify for an exemption, however I have reviewed 62-346.051, F.A.C., and believe that my project is exempt, what do I do now?
You can contact one of the District’s two ERP offices (1-850-683-5044 for Crestview or 1-850-921-2986 for Tallahassee) to speak with District Staff about your activity. District staff will be able to direct you towards the correct exemption, if the activity appears to be exempt or below permitting thresholds, or try and find an applicable noticed general permit for your activity. Then, if the activity does not appear to qualify for an exemption or noticed general permit, an individual permit may be required and we can go over the submittal requirements and schedule a pre-application meeting to sit down with you at one of our offices and discuss your proposed activity.
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