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ERP/404 Forms and Filing Instructions for Mining-Related Projects

This webpage provides information and links to forms used by the environmental resource permitting (ERP) program and State 404 program. Mines require an ERP unless they are specifically grandfathered under Chapter 373.414(15), Florida Statutes (F.S.) or are exempt. ERPs are required for stormwater management systems associated with projects that involve dredging or filling and/or work done in, on, or over other surface waters (including wetlands), unless the activity is exempt.  Mines that include activities involving dredging or filling in waters of the United States also require a State 404 permit if the activity is in state-assumed waters, unless the activity is exempt. The state of Florida utilizes a joint application process for ERP and 404.  Permits or authorizations from other local, state or federal agencies may also be required for mining projects. 

The ERP program is authorized under Part IV of Chapter 373, F.S. The ERP forms have been adopted for use in Chapter 62-330, Florida Administrative Code (F.A.C.). The Applicant’s Handbook, Volume I (for all projects) and Applicant’s Handbook, Volume II (water management systems and regionally-specific criteria) contain useful information regarding ERP application criteria. ERP application fees are based on the total project area and the acreage of impacts to wetlands and other surface waters; fees are listed in Chapter 62-4, F.A.C. The Mining and Mitigation Program encourages new applicants to set up a pre-application meeting to discuss their proposed project and the permitting process.

The State 404 program is a federally-delegated program under the Clean Water Act.  The state of Florida adopted Chapter 62-331, F. A. C., and the 404 Applicant's Handbook to implement the program.  Projects requiring a State 404 permit will need to fill out Section I of the joint ERP/404 application (in addition to the sections required for ERP) to address 404 requirements.  

Types of ERPs

Individual ERPs

In most cases, mining projects require an Individual ERP. Individual ERPs for mines require submittal of Sections A and H of the ERP application forms; if the project involves work done in, on, or over, or within 25 feet of wetlands or other surface waters, Section C will also need to be submitted. If the project involves work done in, on, or over state-owned (sovereign) submerged lands, Section F will also need to be submitted.  If the project also requires a State 404 permit, Section I will need to be submitted.

General ERPs

In some cases, a project or portion of a project may qualify for a General Permit. General Permits are for specific projects that have been determined to be of minimal impact to water resources. General Permits are already authorized, but notice of the intent to use a General Permit is required. The notice form for a General ERP is linked in the table below. Activities that qualify for a General ERP and the standards, criteria and conditions for General permits are found in Chapter 62-330, F.A.C.

Conceptual ERPs

In some cases, an applicant may request a conceptual ERP for conceptual approval of a project that is built in phases or over a large land area.  Conceptual ERPs are processed in the same manner as an individual ERP but do not authorize activities or operations; an individual ERP would need to be applied for to authorize construction.

Types of State 404s

General 404s

General 404s are for certain activities that it has been determined will cause only minimal individual and cumulative adverse environmental effects if conducted consistent with permit requirements.  See 62-331.200 through 62-331.248, F.A.C., for information on General 404s.

Individual 404s

An Individual 404 is required for activities that do not qualify for an exemption or a general permit.

Forms for ERP/404 Applications

See the ERP forms page for links to the joint ERP/404 Application Forms. For more information about ERP permitting, visit the Submerged Lands and Environmental Resource Coordination Program page.  For more information about State 404 permitting, visit the State 404 page.

Electronic Submission Instructions

The Department of Environmental Protection has implemented a paperless permitting process. This allows for electronic submission of applications, forms and requests for information. Compliance forms and reports may be submitted electronically. To complete the below forms, you must have Adobe Reader 8.0 or higher. We suggest that you download Adobe Reader, which is free, from Adobe.

Important note: Do not send by email documents larger than 20 MB. Upload large documents to the Mining and Mitigation Program FTP Site. Use the naming conventions outlined in the Electronic Submission Instructions document.

Visit the Submerged Lands and Environmental Resource Coordination Program page for more information on the ERP process, rules and statutes, or contact:

Florida Department of Environmental Protection
Mining and Mitigation Program
2600 Blair Stone Road, Mail Station 3577
Tallahassee, Florida 32399
850-245-8336 (phone) / 850-245-8356 (fax)
MiningAndMitigation@dep.state.fl.us

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Last Modified:
May 20, 2021 - 7:32am

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