Section 62-342.450 - Mitigation Bank Permit and Mitigation Bank Conceptual Approval ApplicationsAny person or entity proposing to establish a Mitigation Bank must apply for a Mitigation Bank Permit. An application for a Mitigation Bank Permit shall also constitute an application for any required permit authorized under Part IV of Chapter 373, F.S. Mitigation Bank Permit applications shall be processed according to Chapter 120, F.S. The Agency will process and take action on all permit applications under Part IV of Chapter 373, F.S., necessary for the implementation of any Mitigation Bank for which it has responsibility under the operating agreements between the Department and the Districts incorporated by reference in Rule 62-113.100, F.A.C. A person or entity who wishes to obtain an estimation of the legal and financial requirements necessary for a Mitigation Bank, information necessary for evaluation of a Mitigation Bank Permit application, and potential Mitigation Credits to be awarded under a Mitigation Bank Permit, may apply for a Mitigation Bank Conceptual Approval Permit. To provide the Agency with reasonable assurances that the proposed Mitigation Bank will meet the criteria in Section 373.4136, F.S., and in this chapter, and that any proposed system will meet the applicable criteria of Part IV of Chapter 373, F.S., each Mitigation Bank Permit application submitted to the Agency shall include the information required under Part IV of Chapter 373, F.S., as applicable, and the information specified below as appropriate for the proposed bank:
(1) A description of the location of the proposed Mitigation Bank which shall include: (a) A map at regional scale showing the project area in relation to the regional watershed and proposed mitigation service area;(b) A vicinity map showing the project area in relation to adjacent lands and offsite areas of ecologic or hydrologic significance which could affect the perpetual viability or ecological value of the bank;(c) An aerial photograph identifying boundaries of the project area;(d) A highway map showing points of access to the Mitigation Bank for site inspection; and,(e) A legal description of the proposed Mitigation Bank.(2) A description of the ecological significance of the proposed Mitigation Bank to the regional watershed in which it is located.(3) A description and assessment of current site conditions which shall include: (a) A soils map of the project area;(b) A topographic map of the project area and adjacent hydrologic contributing and receiving areas;(c) A hydrologic features map of the project area and adjacent hydrologic contributing and receiving areas;(d) Current hydrologic conditions in the project area;(e) A vegetation map of the project area;(f) Ecological benefits currently provided to the regional watershed by the project area;(g) Adjacent lands, including existing land uses and conditions, projected land uses according to comprehensive plans adopted pursuant to Chapter 163, F.S., by local governments having jurisdiction, and any special designations or classifications associated with adjacent lands or waters; and,(h) A disclosure by the applicant of any material fact which would affect the contemplated use of the property.(4) A mitigation plan describing the actions proposed to establish, construct, operate, manage and maintain the Mitigation Bank which shall include:(a) Construction-level drawings detailing proposed topographic alterations and all structural components associated with proposed activities;(b) Proposed construction activities, including a detailed schedule for implementation;(c) The proposed vegetation planting scheme and detailed schedule for implementation;(d) Measures to be implemented during and after construction to avoid adverse impacts related to proposed activities;(e) A detailed perpetual management plan comprising all aspects of operation and maintenance, including water management practices, vegetation establishment, exotic and nuisance species control, fire management, and control of access; and, (f) A proposed monitoring plan to demonstrate mitigation success.(5) An assessment of improvement or changes in ecological value anticipated as a result of proposed mitigation actions which shall include:(a) A description of anticipated site conditions in the Mitigation Bank after the mitigation plan is successfully implemented;(b) A comparison of current fish and wildlife habitat to expected habitat after the mitigation plan is successfully implemented; and,(c) A description of the expected ecological benefits to the regional watershed.(6) Evidence of sufficient legal or equitable interest in the property which is to become the Mitigation Bank to meet the requirements of Rule 62-342.650, F.A.C.(7) Draft documentation of financial responsibility meeting the requirements of Rule 62-342.700, F.A.C.(8) Any additional information which the Agency requests in order to evaluate whether the proposed Mitigation Bank meets the criteria of Section 373.4136, F.S., and this chapter.Fla. Admin. Code Ann. R. 62-342.450
Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS.
New 2-2-94, Formerly 17-342.450, Amended 12-12-94, 5-21-01, Amended by Florida Register Volume 41, Number 022, February 3, effective 2/19/2015.New 2-2-94, Formerly 17-342.450, Amended 12-12-94, 5-21-01, 2-19-15.