Extending an ACOE permit could be costly  in Florida.  ACOE has required modification of mitigation plans as a condition of permit extensions.  In order to extend a ACOE permit that includes on-site mitigation, the ACOE is pressing permittees to use mitigation banks rather than the  previously approved mitigation plans.

As a result of this policy change, permittees seeking extensions may incur increased mitigation cost by purchasing mitigation bank credits.  In addition, there are state and local permits for the project that will also need to be modified.  There could be a positive outcome if you are able to increase the development area. We encourage any existing ACOE permit holders with expiration dates within the next 12 months to begin negotiations with ACOE as soon as possible. You might  also consider completing  the wetland impacts and mitigation prior to expiration of the permit. Procrastination is not your ally.  Clementi Environmental Consulting  (CEC) can assist you with analyzing your alternatives.

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Tributaries defined in this proposed change will include ditches that are adjacent to traditional navigable waters (TNW).  Adjacent waters to TNW is now restricted to just wetlands; it now would include all waters. Currently there was no definition of tributary. Here is the new proposed definition:  “tributary” based on presence of bed and bank and “ordinary high water mark.” A concrete lined canal would quality as a tributary.   The proposed rule defines “significant nexus” as “neighboring,” “floodplain,” and “riparian area”.  This definition of tributary adds areas not traditionally considered as WOUS:  floodplain and riparian area.

There is no definition of floodplain. Is it the mean annual floodplain; is it the 10-year floodplain; the 25-year floodplain or the 100-year floodplain?  Adding riparian area opens a gigantic can of ambiguity.  Riparian areas are lands that occur along watercourses and water bodies. Typical examples include flood plains and streambanks. They are distinctly different from surrounding lands because of unique soil and vegetation characteristics that are strongly influenced by the presence of water.  Because of their variation across the country, riparian areas function in different ways. In spite of their differences, all riparian areas possess some similar ecological characteristics such as energy flow, nutrient cycling, water cycling, hydrologic function, and plant and animal population. These functions give riparian areas unique values relative to the surrounding landscape.  Below is a diagram of the location of riparian areas.  This could be attributed to upland areas adjacent to tributaries.

The new proposed rule changes do not make the definition of what is going to be regulated clearer or less ambiguous than the existing rule.  The Corps of Engineers staff cannot efficiently manage the permit applications they receive now. Can you imagine the regulatory nightmare that will be created by these proposed changes.

Let Clementi Environmental Consulting help you stay ahead of these proposed changes.

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The new Standard Practice for Environmental Site Assessments is ASTM E1527-13 which will qualify with the Environmental Protection Agency (EPA) as All Appropriate Inquiry.  Phase I Environmental Site Assessments (PIESA) could be going through the most significant change in years. Let’s go over some definitions first.  If your site is contaminated or a nearby site has the potential to contaminate your site then your site has a Recognized Environmental Condition or REC.  The new definition of a REC is “the presence or likely presence of any hazardous substances or petroleum products in, on or at a property: (1) due to any release to the environment ; (2) under conditions indicative of a release to the environment; or (3) under conditions tat pose a material threat of future release to the environment”.  A Historic Recognized Environmental Condition, HREC, is a site that had some type of contamination but it has been remediated and there are no restrictions on the use of the property. A Conditional Recognized Environmental Condition, CREC, is a site that has had remediation but there are ongoing conditions such as ground water monitoring, engineering controls implemented to contain the contamination,  or deed restrictions on the property related to the contamination.  Something that is considered diminimus is not considered a REC.

Here are some of the areas that have been clarified or modified.  Although not expressly stated in the previous version of the ASTM standard (E1527-5), the potential for the migration of vapors was included in this standard.  The definition of migrate/migration now specifically includes vapor as a form for contaminant transport of hazardous substance or petroleum products. Therefore if your property is near a dry cleaning business, the Environmental Professional (EP) should evaluate your site for the potential for vapor contamination.

Your site will be designated a REC in the current condition if it is a former CREC or is it located within the possible pollution plume of an adjacent contaminated site. Remember a PIESA does not include any sampling.  In addition the EP could designate your site as a REC if the HREC is not old enough  to meet standards today due to changes in the cleanup standards. Therefore, the EP must not only be aware of the current cleanup standards, but they must also be familiar with past cleanup standards for which to compare.

This new standard also states that government records “should be reviewed”.  With the clarification of what is a REC, it is extremely important for the EP to review government records. The new standard requires the EP to justify why government records were not reviewed.  If the site has the restriction that only industrial/commercial development is allowed due to past conditions then it is now a CREC.

It is always important to select a consultant who understands and applies the regulations properly, and has the experience and expertise to evaluate the site and properly identify a REC or CREC.  The PIESA should not be a loss leader by consultants.  Let Clementi Environmental Consulting help you protect your interests.

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Welcome to the state of Florida’s latest attempt at streamlining!  Clementi Environmental Consulting is ready to assist you with analyzing how these changes impact you. ERP was “Environmental Resource Permit”. SWERP is “State Wide Environmental Resource Permit” and goes into effect on October 1, 2013. The Florida legislature charged the Department of Environmental Protection (DEP) to develop a state wide permit application, applicant handbook and fees that would be applicable at all the water management districts. Here are the grandfathering provisions.  If you have a permit application “in-house” and it is not complete then the agency will convert your application to a SWERP.  If your application is complete but you did not pay the permitting fee in full, you will be subject to the new fee schedule.  In some cases the fee might even be less.  Whatever conditions you have on your existing permits are still valid and not effected by the new SWERP.  Anyone can request their existing permit be converted to a SWERP as long as it would be equivalent to a minor modification.  A Southwest Florida Water Management District (SWFWMD) permitting manager told us that there is really no substantive change in the way the permit applications will be technically reviewed.

So what is changing with SWERP? The Florida Administrative Code (40) for each water management district will not be found on these permits.  It will be 62-330 FAC.  There are two volumes of the applicant handbook.  Volume I applies to all the districts and DEP. Volume II of the applicant handbook is specific to each district and DEP to allow for the regional differences in watersheds, etc.  Permit types have been consolidated and the names have changed.  There are no more Noticed General permits, they are now General Permits.  The use of the exemptions do not need agency verification.  If you want agency verification there is a new form to request it and at least a $100.00 fee for the letter.  If your project does not qualify for an exemption then it is a General Permit, Individual Permit or Conceptual Permit. A General Permit requires there will be minimal individual and cumulative adverse impacts to water resources of the Agency.  Mitigation is neither necessary nor required to off-set those impacts except when provided in the general permit.  If your activities do not qualify for a General Permit then it will be an Individual Permit. There are some specific General Permits for certain activities e.g. for Construction, Alteration, Operation and Maintenance of Boat Ramp Facilities (62-330.417 FAC); Installation of Fences (62-330.437 FAC).  The Conceptual Permit is still available.

There are new forms for these applications and supplemental documentation.  The agencies are encouraging everyone to submit the applications on-line: ePermitting. The SWFWMD is offering a 25% discount on the permitting fees for those applications submitted on-line.  Here are some significant changes with SWERP: As-built certification  and Operation and Maintenance are separate forms.  As-built certification does not have to be submitted unless there is a significant deviation from the permit.  What is significant: if the changes would not have been a letter modification.  As-built certification for mitigation construction will probably always be required. Routine water management system inspection reports will be a general conditions of the permits but do not have to be submitted to the agency.  However, the owner/permittee must keep these records at all times.  SWERP permits now have to be recorded at the local level e.g. plat book, etc,  for the property like a conservation easement.

SWERP brings permit consistency to environmental resource permitting across Florida.  Let Clementi Environmental Consulting assist you to determine how SWERP effects your current application or permit(s).

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Sometimes consultants  use only one tool,  the National Wetland Inventory (NWI) maps, that are available in the GIS data base.  While these maps have some utility, they can be grossly inaccurate.  The NWI maps were developed/created without any ground inspections for the entire United States.  We have seen hills mapped as wetlands and vice versa.

At Clementi Environmental Consulting, we always review all the maps that are available in the GIS data base, Google Earth and local current aerials.  One map may not provide all the necessary basic information.  We use soil maps and landuse maps from state or local agencies.  It is very common that none of these maps show common features.

In the long run there is no substitute for having an environmental scientist/ecologist  inspect the property.  During these inspections the consultant can also look for threatened and endangered species.

Don’t skip this step.

The money you pay on the front end will say you a lot of money on the back end.  Please call at Clementi Environmental Consulting.  We guarantee that we will be very responsive to your needs.

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Imagine the state of Florida paying you to monitor the ground water on your petroleum-impacted properties!

It has been over twenty years since the State of Florida initiated the underground storage tank clean-up program. Sites with leaking underground storage tanks were evaluated and received a ranking from 1 to 100. State and federal money has been available to pay for the remediation of contaminated sites.  The higher the number the more immediate the health hazard and the initiation of the site clean-up.  There are hundreds of sites with scores less than 30 that have not been evaluated or remediated for over twenty years.  It is very possible that some of these lower ranking sites are no longer contaminated to the extent that is a threat to human health or the environment.

The state of Florida Department of Environmental Protection (DEP) has initiated a program called “Low Score Site Initiative” or LSSI for sites ranked below 30.  The DEP has available $10 million a year on a first-come first-serve basis for up to $30,000.00 per site with six months of groundwater monitoring.  Last year $6.9 million was spent on this program  and $3.2 million so far this year. There is a ten-site per Responsible Party (RP) limit per year.  The benefit of this program for owners or RP is that many of these low ranking sites may no longer be contaminated to the extent they were twenty years ago.  This is an opportunity for you to update the status and marketability of your property.

There are three different potential outcomes that can be determined through the LSSI program: (1) Complete Site Rehabilitation Completion Order (SRCO) – no evidence of contamination was identified during the investigation, (2) LSSI No Further Action Order (NFA) – minimal contamination was detected, but the contamination plume is found to be either stable or shrinking and the plume is not a threat to human health or the environment.  The contamination must be confined to the site and less than 1/4 acre in size; the contamination concentrations should not exceed the monitoring only guidelines;  and excessively contaminated soils cannot be identified above the water table, (3) LSSI NFA with conditions (NFAC)-minimal contamination was detected as described above, but the top two feet of soil is contaminated.  Under this designation, the RP might have to implement institutional or engineering controls at their expense.

The main benefit of this program is the RP can choose at any time to withdraw from the LSSI program and have the site placed back on the pre-approved/existing ranking for future funding of the remediation.  There would be no cost to the RP until you accept one of the three options.  There might be a small deductible payment depending upon which program you are enrolled.  The LSSI program will allow you to gather valuable current information regarding the condition of the site with little or no cost to you.  Take advantage of the LSSI funds available to assess your site.

Let the professionals with Clementi Environmental Consulting review the information you have for your contaminated sites to advise the best course of action for you.

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