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 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
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.
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.
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 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.
An Individual 404 is required for activities that do not qualify for an exemption or a general permit.
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.
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
September 26, 2022 - 10:58am
Interested in subscribing to DEP newsletters or receiving DEP updates through email?
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.