PublisheDate 12/2023

Environmental Protection Commission of Hillsborough County
Roger P. Stewart Center
3629 Queen Palm Drive · Tampa, FL 33619
Ph: (813) 627-2600

WIM85: WETLAND AND OTHER SURFACE WATERS PROPOSED IMPACT & MITIGATION APPLICATION

This EPC application is for proposed development within wetlands and/or other surface waters (OSW) as prescribed in the Basis of Review and Sections 1-11.06, 1-11.07 and 1-11.08 Rules of the EPC, Wetlands. There is a service fee for this application as provided in Section 1-6.05.(k)(1) Rules of the EPC, Services-Fee Schedule.

Verification of Notice of Exempt Activities should occur prior to submitting this application.

PLEASE COMPLETE ALL APPLICABLE SECTIONS. Incomplete applications will not be processed until all missing information is provided.

* Required Field

Wetland impact fees based on proposed impact size *

Mitigation Fees

Permittee responsible mitigation monitoring - ($2,000)

Mitigation bank credit - ($250)

Permit Modifications

Mitigation bank credit withdrawal - ($100)

Changes in configuration/location/elevation - ($730)

Previous EPC Authorization Number and Project Name (If applicable)

Is this activity proposed to resolve a complaint investigation or alleged violation for the EPC or some other governmental agency? *

Yes

If yes, please attach documentation *

Reference No. *

Submittal Requirements:

A copy of the approved and valid Wetland/OSW Survey
Applicable Fee(s)
Agent Authorization Form
Wetland/OSW Impact Justification Narrative
Project Impact & Mitigation Summary Tables (Attachments 1 & 2)
Site development plan with cross-sections that shows all proposed development (lots, roads, ponds, etc.), proposed wetland impacts and any proposed on-site mitigation areas.
Uniform Mitigation Assessment Method (UMAM) forms, if applicable
Detailed mitigation plan, if applicable

Note: Additional Information may be required

1. CONTACT INFORMATION

APPLICANT

The Applicant must have real property interest over the land upon which the activities subject to this application will be conducted. An applicant may be the property owner, the holder of a recorded easement, a buyer with a contract to purchase or an entity that possesses other equitable property interest that allows for modifications to the land and authorizes the Agency staff or its agents to access and inspect the property. Documentation that explains the type of property interest must be included with this notice in order to process.

Select Property Interest: *

Property Owner

Recorded Easement

Contract to Purchase

Other

Select Applicant Type: *

Individual

Business Organization

Government Entity

Applicant

Request to be present at site inspection

First Name *

Last Name *

Business Organization (if applicable)

Title

Street Address *

City *

State *

Zip Code *

Telephone *

Email Address *

Please attach property interest documentation

PROPERTY OWNER

Check if same as Applicant listed above

Property Owner

Request to be present at site inspection

First Name *

Last Name *

Business Organization (if applicable)

Title

Street Address *

City *

State *

Zip Code *

Telephone *

Email Address *

AUTHORIZED REPRESENTATIVE
e.g. Agent, Consultant, Contractor, Attorney, etc

Are you using an Authorized Representative? *

Yes

Authorized Representative

Request to be present at site inspection

First Name *

Last Name *

Business Organization (if applicable)

Title

Street Address *

City *

State *

Zip Code *

Telephone *

Email Address *

2. SITE INFORMATION

Name of Project, including Phase (if applicable)

Street Address *

City *

State *

Zip Code *

Folio Number(s) of Site (if more than one Folio Number, separate by comma) *

Section/Township/Range (STR) of Site: *

Date of Wetland/OSW delineation approval * +

If delineation approved through another Agency, please provide a copy.

Total Project Acreage *

Total Wetland/OSW Acreage *

Total Wetland/OSW Impact Acreage Proposed *

Has a conservation easement or any other restriction been placed on the property? *

Yes

If yes, list restrictions *

3. WETLAND/OTHER SURFACE WATER IMPACT JUSTIFICATION

A. Project Description - must include the following:

1. Attach to application as Exhibit #1:

Narrative describing proposed project.
The project location (unincorporated Hillsborough County or municipality) outlined on a current aerial, depicting the surrounding area.
Current land use designation and any applicable permitting history (e.g. zoning conditions, Development of Regional Impact Order) and/or vesting status provided on issuing agency letterhead.

Upload Exhibit # 1

2. Attach to application as Exhibit #2:

Impact & Development Plan
Impact & Development Plan overlay on current aerial.

Items that must be included on a and b above: property lines/project boundaries; wetland & OSW lines with acreages; proposed impact(s) shown by cross-hatching with development design plan.

Upload Exhibit # 2

B. Proposed Wetland/OSW Impact(s)

Complete and include the attached Wetland Impact Summary Table (See Attachment 1). List a community Type using the Florida Land Use, Cover and Forms Classification System (FLUCCS) or the Florida Natural Areas Inventory (FNAI) with an identification name/number for each wetland(s) and/or OSW area(s) proposed for impact. The wetland/OSW must be labeled the same as in the approved survey.

Provide completed Chapter 62-345, F.A.C. Uniform Mitigation Assessment Method (UMAM) Forms (Part I & II) for each non-exempt proposed impact area; the UMAM forms are not applicable if using Tampa Bay Mitigation Bank.
Please refer to Sections 1-11.06, 1-11.07, 1-11.08 and Chapter 3 of the Basis of Review, Rules of the EPC, for criteria for issuance of approval or denial for Executive Director Authorization to impact wetlands or OSWs.

Reasonable Use: Pursuant to Section 1-11.07, a wetland or other surface water shall not be authorized to be impacted if the impact to the wetland or other surface water is not necessary for the reasonable use of the parcel of property. Any impacts authorized under this rule shall be reduced to the minimum amount necessary. For purposes of the Basis of Review and the EPC Wetland Rule, “reasonable use” shall mean an actual, present use or activity on a parcel of real property or such reasonably foreseeable, nonspeculative land uses which are suitable for the subject parcel of property, and which are compatible with adjacent land uses. Reasonable use of the property does not mean the highest and best use of the property.

In determining whether the impact is necessary for reasonable use of a parcel of property the below factors may be considered. The EPC recognizes that each property in Hillsborough County is unique and that any one or more of these factors, in and of itself, will not necessarily constitute reasonable use.

Respond to the factors below. Some factors such as zoning apply to the entire project, others may apply to single or multiple proposed impacts. Respond appropriately. Indicate “NA” if not applicable. Use additional pages as needed. Provide supporting documents for each response included below, such as excerpts from Technical Manuals.

Download and complete the Wetland/OSW Impact Table (Attachment 1). Then upload below. *

a.) The current zoning of the parcel of property, at the time of submittal of the application, on which the wetland or other surface water is located; *

b.) Whether the denial of the impact would result in a loss of all or substantially all economic value of the property; *

c.) Existing development on or use of the property (including the applicable zoning, permitting and subdivision history of that parcel); *

d.) The buildable area of a parcel as shown by a survey or drawing of the parcel of property (to scale) accurately depicting the location of the wetland or other surface water including the minimum setbacks required by any applicable municipal or Hillsborough County codes, or homeowners’ association or deed restrictions adopted prior to the adoption of the EPC Wetland Rule; *

e.) Whether the impact is for the purpose of accessing available buildable uplands where no alternative legal means of access is available and reasonable use of the entire property would otherwise be unattainable; *

f.) Documented efforts by the applicant to design or redesign the proposed development, structure or use in a manner that retains or preserves the wetland or other surface water; *

g.) The wetland or other surface water regulations in effect at the time the property owner acquired title to the parcel of property and / or whether the property was subdivided, separated from its parent tract, or developed in such a way as to result in a self-imposed hardship; *

h.) Whether the impact is solely for the purpose of environmental restoration projects or solely for the purpose of conducting an environmentally beneficial project; *

i.) Documented efforts by the applicant to seek waivers or variances from any other development restrictions that would result in or necessitate impacts; *

j.) Whether the impact is necessary for the protection of public health and safety; and *

k.) Any other pertinent information or special circumstances affecting the development of the parcel of property, including but not limited to, any unusual topography and fill requirements, or unique engineering requirements . *

4. MITIGATION PROPOSAL

Please be advised, the mitigation cannot serve as justification for reasonable use. Justification and Mitigation are two independent steps in the review and approval process. Mitigation cannot be considered until the reasonable use is justified.

Check one (or more) of the following

Onsite Mitigation*

Offsite Mitigation*

Mitigation Bank

Mitigation Bank Name *

*Mitigation areas that cumulatively exceed 0.5 acres require a conservation easement to be placed over the areas.

Complete the attached Mitigation Summary Table (See Attachment 2) mitigation summary table.

Describe each type of mitigation area proposed (e.g., herbaceous or forested wetland creation, wetland enhancement, upland enhancement, wetland preservation, and/or upland preservation) with each areas acreage, and an identification name/number. Also provide a description of the construction process, as applicable, including access to mitigation site(s), excavation/elevation, back filling with mulch or muck from impact sites, etc.

Provide a Mitigation Plan sheet showing:

Plan view of mitigation with name and acreage of each area
Planting scheme must include planting zones, elevations, species, material size, installation spacing, and number to be installed.
Elevations, existing and post-construction
Cross-section(s) showing slopes, depth of excavation, and water levels
Proposed seasonal high and normal pool control elevations
Control structure details
Mitigation Monitoring-Maintenance Notes on sheet, including monitoring schedule and submittal of reports

Provide Chapter 62-345, F.A.C. UMAM Forms (Part 1 & 2) for each proposed mitigation area.

Download and complete the Mitigation Summary Table (Attachment 2). Then upload below.

5. OWNER/APPLICANT ACKNOWLEDGEMENT, AUTHORIZATION TO ACCESS

OWNER/APPLICANT ACKNOWLEDGEMENT *

I am the Property Owner/Applicant

I am a representative filling out this notice on behalf of the Applicant and I acknowledge that the information contained herein is true, correct and accurate.

Instructions: Owner/Applicant must complete this authorization form. For multiple persons, please provide a separate form for each person. For business organizations (e.g. LLC, corporations, partnerships), this form must be signed by a person authorized to bind the organization. A business organization or person who has sufficient real property interest is required to authorize access to the property.

A. OWNER/APPLICANT ACKNOWLEDGEMENT

By signing below, I or the business organization, am applying for a permit(s)* to conduct the activity(ies) described in the application. I am familiar with the information contained in the application and represent that it is true, complete and accurate. I understand this is an application and not a permit, and that work prior to approval may be a violation. I understand that this application and any permit issued thereto, does not relieve me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of activities. I agree to operate and maintain the proposed activity in compliance with permits and laws, unless the EPC authorizes transfer of the permit to a different responsible entity. I understand that my application will not be processed if there is any missing, insufficient, or invalid information or insufficient fees. I understand I may have to provide any additional information/data that may be necessary to provide reasonable assurance of evidence to show that the proposed project will comply with applicable environmental standards/laws. I agree that upon written concurrence, the EPC may make changes to the application based on revised drawings and/or additional information provided by agent or applicant. I further agree EPC can unilaterally change non-substantive typographical errors. I understand that knowingly making any false statement or representation in this application is a violation of EPC Act and rules and may result in, among other things, revocation of the permit or denial of the application.

B. CERTIFICATION OF SUFFICIENT REAL PROPERTY INTEREST AND AUTHORIZATION FOR STAFF TO ACCESS THE PROPERTY

By signing below, I certify that I, or the business organization, possess sufficient real property interest in or control over the land upon which the activities described in this application are proposed and that I have legal authority to grant permission to access those lands. I hereby grant permission, evidenced by my signature below, for staff of the EPC to access, inspect, and sample the lands and waters of the property as necessary for the review of the proposed works and other activities specified in this application. I authorize EPC, its agents, and assigns to enter the property as many times as may be necessary to make such review, inspection, and/ or sampling. Further, I agree to provide entry to the project site for such agents or personnel to monitor and inspect permitted work if a permit is granted.

C. DESIGNATION OF AUTHORIZED REPRESENTATIVE (IF APPLICABLE)

By signing below, I authorize the representative listed below to act on my behalf, or on behalf of the organization, to process the application; to negotiate revisions; to accept or agree to conditions or stipulations; and to furnish, upon request, supplemental information in support of the application. In addition, I authorize the representative listed below to bind me, or the organization, to perform any requirements that may be necessary to procure the permit or authorization.

Authorized Representative Name *

Authorized Representative's Telephone *

Authorized Representative Name (if applicable)

Authorized Representative's Telephone (if applicable)

Owner/Applicant Signature * 🛈

clear

Print Name *

Date (MM-DD-YYYY) * +

Business Organization (if applicable)

Title

Please download and have the owner/applicant sign the Owner/Applicant Authorization Form. Then upload the signed authorization document here: *

Less than 0.5 acres - ($720)	0.5 acres to 1 acre - ($1,270)
1 acre to 5 acres - ($2,100)	5 acres to 10 acres - ($2,810)
Exceeds threshold (10+ acres) - ($3,650)	Not Applicable

Commercial	Sub-divisional	Single Family
Agricultural	Utility	Roadway
Other Other

1. CONTACT INFORMATION

APPLICANT

PROPERTY OWNER

AUTHORIZED REPRESENTATIVE e.g. Agent, Consultant, Contractor, Attorney, etc

2. SITE INFORMATION

3. WETLAND/OTHER SURFACE WATER IMPACT JUSTIFICATION

4. MITIGATION PROPOSAL

5. OWNER/APPLICANT ACKNOWLEDGEMENT, AUTHORIZATION TO ACCESS

AUTHORIZED REPRESENTATIVE
e.g. Agent, Consultant, Contractor, Attorney, etc