Agenda 07/22/2008 Item #10AAgenda Item No. 10A
July 22, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners ( "BCC ") authorize the
County Manager to notify the South Florida Water Management District (SFWMD)
that Collier County is withdrawing from participation in the SFWMD Environmental
Resource Permitting Program.
OBJECTIVE: To authorize the County Manager or his designee to request the South Florida
Water Management District (SFWMD or "District ") to terminate Collier County's
participation in the SFWMD's Environmental Resource Permitting ( "ERP ") Program.
CONSIDERATIONS: At the present time, the Engineering Review section of the
Community Development and Environmental Services Division reviews the water
management aspects of sites under 40 acres with no wetlands that are not part of existing
SFWMD Surface Water Management Permits under a prior informal delegation of authority
from SFWMD. This informal delegation predates most employees in both agencies (see
Exhibit A, attached, wherein the District states that this authority has existed since 1981).
On December 16, 2003, the BCC signed Resolution 2003 -451 (attached hereto as Exhibit B),
authorizing the Engineering and Environmental Services Department to petition the South
Florida Water Management District, on behalf of the BCC. for a formal delegation of a portion
of the District's responsibilities under the ERP program. The Resolution was consistent with
subsection 62- 344.300(1), Florida Administrative Code, which allows the County to file a
petition for formal delegation with the District.
Consistent with the BCC's direction, the process of petitioning for, and drafting, a formal
delegation was started over four years ago through the offices of the Collier County Attorney
and SFWMD's Office of Counsel, along with representatives of the Department of
Environmental Protection. Since that time, numerous factors have caused us to reconsider the
petition of delegation, including the following:
SFWMD has opened and manned a local review office less than a mile from the
CDES facility in addition to the Fort Myers office.
2. SFWMD has instituted computerized (paperless) permitting on a scale that
would be difficult for us to match. They are also putting their existing permit
files on the internet and sending notifications of proposed agency actions to all
entities that register for such notifications, including the members of the Collier
County Environmental Advisory Council.
3. The aerial photograph and the PUD and zoning maps of Collier County indicate
that the portion of Collier County west of Golden Gate Estates is substantially
rezoned and in the process of being built. The northeast portion of the County
has potential, but will be almost all large parcels and will be permitted by
SFWMD. The rest of the eastern County is in various forms of environmental
preserve.
4. Local construction workload and permit application activity has significantly
decreased and SFWMD can handle the added workload with existing staff.
Agenda Item No. t0A
July 22, 2008
Page 2 of 7
Collier County Engineering staff will continue to review all drainage plans for
local concerns but will comment to SFWMD only if we have any concems.
Engineering staff will continue to sign off internally on Site Development Plans
and Construction Plans and Plats.
For these reasons, Engineering Review believes that it is in the best interest of Collier County
at this time to relinquish our delegated permit authority and notify the District that Collier
County's petition for formal delegation is withdrawn.
LEGAL CONSIDERATIONS: This request has been reviewed for legal sufficiency and
there are no outstanding legal concerns. -JW
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan
associated with terminating the delegation agreement.
RECOMMENDATION: That the Board of County Commissioners authorize the County
Manager or his designee, in coordination with the Office of the County Attorney, to withdraw
Collier County's petition for formal delegation of a portion of the District's Environmental
Resource Permitting Program, and to notify the District of the County's relinquishment of
delegated water management permitting authority.
PREPARED BY:
Stan Chrzanowski, P.E., County Engineer, Engineering Review Department
2
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Agenda Item No. 10A
July 22, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10A
Item Summary: Recommendation that the Board of County Commissioners ( "BCC") authorize the County
Manager to notify the South Florida Water Management District ( SFWMD) that Collier County
is withdrawing from participation in the SFWMD Environmental Resource Permitting
Program. (Stan Chrzanowski. P.E., Engineering Services Manager.. Engineering &
Environmental Services Division, CDES).
Meeting Date: 7/22/2008 9.00:00 AM
Prepared By
Stan Chrzanowski
Engineering Review Manager
Date
Community Development &
Engineering Services
612712008 10:41:47 AM
Environmental Services
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Administrator
Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
6/30/2008 12:49 PM
Approved By
Judy Puig
Operations Analyst
Date
Community Development&
Community Development&
Environmental Services
Environmental Services Admin.
7/1/2008 9:31 AM
Approved By
William D. Lorenz, Jr., P.E.
Environmental Services Director
Date
Community Development &
Environmental Services
Environmental Services
7/7/2008 5:37 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
7191200812:09 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
719/2008 1:24 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
719/2008 1:59 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
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Agenda Item No. 10A
July 22, 2008
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Commissioners County Manager's Office 7/9/2008 2:47 PM
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Agenda Item No. 10A
July 22, 2008
Page 5 of 7
South Florida Water Management District
Fort Myers Service Center - 2301 McGregor Boulevard • Fort Myers, FL 33901
(941) 338 -2929 • Fax (941) 338 -2936. 1- 800 -248 -1201 • Suncom 748 -2929
February 10, 1997
EXHIBIT
CON 24-06
Stan Chrzanowski
Collier County Community Development Division
2800 North Horseshoe Drive
Naples, Florida 33942
Dear Mr. Chrzanowski:
Subject: Environmental Resource Permitting Criteria
This letter is in response to your inquiry regarding Collier County's role in
Environmental Resource Permitting.
In 1981, Chapter 4DE -40, F.A.C. was amended to include Section 40E- 40.302. This
section contains the conditions for issuance of a General Permit. To meet these
conditions of issuance in Collier County, the project was required to meet the
_ conditions of subsection (1) and (4). Subsection (1)(c) required that the project "must
not be located in natural water bodies or viable wetlands habitat. ". Section (4) required
that within Collier County the project had to be less than 40 acres and have a surface
water management system approved by Collier County subsequent to September 17,
1980. In 1982 section 40E- 40.302(1)(c) was amended to read "The project must not be
located in natural water bodies, viable wetlands habitat, surface waters of the state or a
Florida Outstanding Water as listed in Rule 17- 3.041. ". This language remained in the
rule through October 1989. At that time, Section 40E- 40.302(1) was amended to delete
the word surface and read "waters of the state ".
In 1992 an Operating Agreement was signed between the Department of Environmental
Protection and the South Florida Water Management District. In 1992 additional
language was added to Section 40E- 40.302 which required that within counties
delegated surface water management permitting responsibility from the District, any
project requiring a wetland resource permit from DEP must also apply to the DEP for a
surface water permit. In 1994 Section 40E -40.302(1)(c) was amended to reference
Rule 17- 302.700, F.A.C. in regards to Outstanding Florida Waters. This section
remained unchanged until adoption of the Environmental Resource Rules in 1995.
Also related to this matter, in 1994 Chapter 62 -340 was adopted by the Legislature
which established new criteria for the Delineation of the Landward Extent of Wetlands
and Surface Waters. This rule contains the wetland delineation methodology to be
utilized by the DEP, the water management districts and county agencies. In 1995 the
Environmental Resource Permit (ERP) rules were adopted. Section 40E- 40.302 was
substantially revised under the ERP. In the ERP these criteria were relocated to
Chapter 40E- 400.315(2). Under this revised section, a no notice permit is granted for
the construction or alteration of surface water management systems provided the
surface water management system meets the criteria within 40E400.315(2)(a) and (d).
A coov of this portion of the rule is enclosed for vour use.
- Q,aya•, ,. ow ,U C VVUICI alai ldyemern perm¢ung responslonrty trom the Ulstrlct, any
pi ujert requiring a wetland resource permit from DEP must also apply to m`6trl0r9zoos
surface water permit. In 1994 Section 40E- 40.302(1)(c) was amended to referenmge 6 or 7
Rule 17- 302.700, F.A.C. in regards to Outstanding Florida Waters. This section
remained unchanged until adoption of the Environmental Resource Rules in 1995.
Also related to this matter, in 1994 Chapter 62 -340 was adopted by the Legislature
which established new criteria for the Delineation of the Landward Extent of Wetlands
and Surface Waters. This rule contains the wetland delineation methodology to be
utilized by the DEP, the water management districts and county agencies. In 1995 the
Environmental Resource Permit (ERP) rules were adopted. Section 40E- 40.302 was
substantially revised under the ERP. In the ERP these criteria were relocated to
Chapter 40E- 400.315(2). Under this revised section, a no notice permit is granted for
the construction or alteration of surface water management systems provided the
surface water management system meets the criteria within 40E- 400.315(2)(a) and (d).
A copy of this portion of the rule is enclosed for your use.
Subsection (a) requires the surface water management system meet the criteria within
Rule 40E -4.301 and specifies that the project may not be located in natural water
bodies, viable wetlands habitat, waters of the state, or a Florida Outstanding Water. It
is possible that a project could contain a wetland within the property boundaries, for
which no direct impacts are proposed. However, Rule 40E -4.301 contains the
conditions for permit issuance which require reasonable assurance that the surface
water management system will not adversely impact the value of functions provided to
fish and wildlife and listed species by wetlands and other surface waters, and will not
cause adverse secondary impacts to the water resources, subsections (d) and (f)
respectively. Review of any project containing a wetland must include a review of the
existing and proposed hydrology of the wetland, potential use of the wetland by
threatened and/or endangered species, and water quality treatment prior to discharges
into the wetlands. Therefore, it is recommended that any project containing wetlands
greater than .50 acres be forwarded to the District for review.
To summarize, Collier County has had the authority to issue surface water
management permits for projects under 40 acres since 1981, provided no activities will
occur within wetlands or surface waters. The County has never been authorized to
review projects proposing to impact wetlands :this criteria remains unchanged under
the new ERP rules. We trust this helps clarify your understanding of the permitting
authority related to surface water management systems.
If you have any questions regarding this matter, please do not hesitate to contact me
at(941)338 -2929.
Sincerely,
aren' Johnsr�
upervising Pr fessional
Fort Myers Service Center
cc: USACOE /Fort Myers
Governing Board.
Fr-nk Williamson, Jr., Chairman Vera M. Caner Richard A. Machek Samuel E. Poole III, Executive Director
Eugene K. Pettis, Vice Chairman William E. Graham Michael D. Minton Michael Slayton, Deputy Executive Dlmernr
Mitchell W. Berger William Hammond Miriam Singer
Agenda Item No. 10A
July 22, 2008
Page 7 of 7
16A9.* .
RESOLUTION No. 2003- 451
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AUTHORIZING THE ENGINEERING SERVICES DEPARTMENT TO
PETITION THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO DELEGATE A
PORTION OF THE ENVIRONMENTAL RESOURCE PERMIT
WHEREAS, In September 1980, the South Florida Water Management District ("SFWMD ")
delegated its review authority of Water Management Systems to Collier County for freestanding
projects less than 40 acres in size containing no wetlands;
WHEREAS, On November 18, 2003, the BCC authorized Engineering Services to file a Petition for
Delegation to seek format delegation from SFWMD of a portion of certain permitting, compliance, and
enforcement responsibilities, associated with implementation of the Environmental Resource Permit
program under part IV of Chapter 373 of the Florida Statutes;
WHEREAS, the BCC desires the delegation to include County responsibility for (l) the Management
and Storage of Surface Waters permit programs under subsections 373.414(11 )-(16) of the Florida
Statutes and (2) for the Management and Storage of Surface Waters permit programs under subsections
373.414(11) -(16) of the Florida Statutes;
WHEREAS, 62- 344.400 F.A.C. requires the County to file a petition for delegation accompanied by a
resolution approved by the BCC, which expresses support for the petition;
WHEREAS, the BCC deems it appropriate and in the best interest of the public health, safety and
welfare to adopt this resolution, which provides the requisite support for the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
The BCC authorizes Engineering Services Department to Petition the South Florida Water
Management District on its behalf to delegate a portion of the Environmental Resource Permit
program.
PASS AND ULY ADOPTED by the Board of County Commissioners of Collier County, Florida,
this (dayof 2003.
ATTEST:
Dwight )r ti,LlMk 1 W
and legal silf£6ildltyt!]tt`
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS.
OF COLLIER UNT LORIDA
By: -
Tom Henning, Chat en OV