Fla. Admin. Code R. 62-342.200

Current through Reg. 50, No. 244; December 17, 2024

Section 62-342.200 - Definitions

Terms used in this chapter shall have the meanings specified below.

(1) "Banker" means an entity that creates, operates, manages, or maintains a Mitigation Bank pursuant to a Mitigation Bank Permit.

(2) "Department" means the Department of Environmental Protection.

(3) "District" means a water management district as established in Chapter 373, F.S.

(4) "Ecological Value" means the value of functions performed by uplands, wetlands and other surface waters to the abundance, diversity, and habitats of fish, wildlife, and listed species. These functions include, but are not limited to: providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhance fish, wildlife and listed species utilization.

(5) "Mitigation Credit" means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.

(6) "Mitigation Service Area" means the geographic area within which Mitigation Credits from a Mitigation Bank may be used to offset adverse impacts of activities regulated under Part IV of Chapter 373, F.S.

(7) "Mitigation Bank Permit" means a permit issued to a banker to construct, operate, manage and maintain a Mitigation Bank.

(8) "Mitigation Bank" means a project permitted under Section 373.4136, F.S., undertaken to provide for the withdrawal of mitigation credits to offset adverse impacts authorized by a permit under Part IV of Chapter 373, F.S.

(9) "Regional Watershed" means a watershed as delineated in the following maps. (Figures 1, 2, 3, 4, and 5.)

Figure 1: Northwest Florida Water Management District - "Regional Watersheds of the NWFWMD for Mitigation Banks, 7 Watersheds" (February 19, 2015), which is incorporated by reference herein.

Figure 2: Suwannee River Water Management District - "Watersheds of the SRWMD Mitigation Banks, 7 Watersheds" (February 19, 2015), which is incorporated by reference herein.

Figure 3: St. Johns River Water Management District - "Regional Watersheds for Mitigation Banking" (October 1, 2013), Appendix A, Figure 10.2.8-2, Applicants Handbook Volume II, which is incorporated by reference in subparagraph 62-330.010(4)(b) 3., F.A.C., [October 1, 2013] (http://www.flrules.org/Gateway/reference.asp?No=Ref-03181), and in subsections 40C-4.091(1) [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02524), 40C-42.091(1) [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02525), and 40C-44.091(1), F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02526).

Figure 4: Southwest Florida Water Management District - "Drainage Basins and Watersheds within the Southwest Florida Water Management District" (October 1, 2013), Figure 2.6, Applicants Handbook Volume II, is incorporated by reference in subparagraph 62-330.010(4)(b) 4., F.A.C., [October 1, 2013] (http://www.flrules.org/Gateway/reference.asp?No=Ref-03176), and in Rule 40D-4.091, F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02527).

Figure 5: South Florida Water Management District - Appendix D: "SFWMD Basins for Cumulative Impact Assessments & Mitigation Bank Service Areas" (October 1, 2013), Applicants Handbook Volume II, including Appendices A through D, is incorporated by reference in subparagraph 62-330.010(4)(b) 5., F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02528), and in paragraph 40E-4.091(1)(a), F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02529).

A copy of the incorporated material identified above also may be obtained from the Agency Internet site or by contacting staff in an Agency office identified in the "References and Design Aids, Volume I, " available at http://www.dep.state.fl.us/water/rulesprog.htm#erp.

Figure 1: Northwest Florida Water Management District - "Regional Watersheds of the NWFWMD for Mitigation Banks, 7 Watersheds" (February 19, 2015)

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Figure 2: Suwannee River Water Management District - "Watersheds of the SRWMD Mitigation Banks, 7 Watersheds" (February 19, 2015)

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Figure 3: St. Johns River Water Management District - "Regional Watersheds for Mitigation Banking" (October 1, 2013)

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Figure 4: Southwest Florida Water Management District - "Drainage Basins and Watersheds within the Southwest Florida Water Management District" (October 1, 2013)

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Figure 5: South Florida Water Management District - Appendix D: "SFWMD Basins for Cumulative Impact Assessments & Mitigation Bank Service Areas" (October 1, 2013)

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(10) "Success" means when a Mitigation Bank meets the success criteria provided in the Mitigation Bank Permit and in section 10.3.6 of Applicant's Handbook, Volume I, incorporated by reference in Rule 62-330.010, F.A.C.

Fla. Admin. Code Ann. R. 62-342.200

Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS.

New 2-2-94, Formerly 17-342.200, Amended 12-12-94, 8-21-00, 5-21-01, Amended by Florida Register Volume 41, Number 022, February 3, effective 2/19/2015.

New 2-2-94, Formerly 17-342.200, Amended 12-12-94, 8-21-00, 5-21-01, 2-19-15.