Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-342 - MITIGATION BANKS › Section 62-342.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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)
Click here to view
				  image
Figure 2: Suwannee River Water Management District -
				  "Watersheds of the SRWMD Mitigation Banks, 7 Watersheds" (February 19,
				  2015)
Click here to view
				  image
Figure 3: St. Johns River Water Management District -
				  "Regional Watersheds for Mitigation Banking" (October 1, 2013)
Click here to view
				  image
Figure 4: Southwest Florida Water Management District -
				  "Drainage Basins and Watersheds within the Southwest Florida Water Management
				  District" (October 1, 2013)
Click here to view
				  image
Figure 5: South Florida Water Management District - Appendix
				  D: "SFWMD Basins for Cumulative Impact Assessments & Mitigation Bank
				  Service Areas" (October 1, 2013)
Click here to view
				  image
(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.
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, 2-19-15.