Compensatory mitigation shall be considered only after the
requirements of subsection
62-331.053(1),
F.A.C., have been met. Compensatory mitigation required for authorizations or
compliance actions under this chapter shall be conducted in accordance with
section 10.3 of Volume I, section 8.5 of the 404 Handbook, and this
section:
(1) Mitigation Hierarchy. The
preferential hierarchy in the 404 Handbook section 8.5.1 shall be followed when
compensatory mitigation is required for authorizations and compliance
actions.
(2) Mitigation proposals
other than the purchase of mitigation bank or in-lieu fee program credits shall
include an adaptive management plan. The plan shall include information about
the party or parties responsible for implementing adaptive management measures,
including the information required in Volume I, section 10.3.1.2.1.
(3) Federal credits from mitigation banks or
in-lieu fee programs approved by the Corps shall be accepted by the Agencies to
offset impacts for permits when the number and resource type of credits
available are appropriate to offset impacts.
(4) Mining reclamation activities may be
considered appropriate compensatory mitigation for impacts from mining projects
undertaken pursuant to Chapter 378, F.S., and rules promulgated thereunder, if
they maintain or improve the water quality and the function of biological
systems present at the site prior to the commencement of mining activities,
subject to the following additional requirements:
(a) Additional compensatory mitigation shall
be required if the Agency determines that the onsite reclamation activities
will not fully offset the regulated activity's adverse impacts.
(b) Section
373.414(6)(b),
F.S., and paragraph
62-345.600(1)(b),
F.A.C., pertaining to time lag for phosphate and heavy minerals mines, shall
not apply to compensatory mitigation for permits or compliance
actions.
(c) Additional
compensatory mitigation, if required, shall be subject to the mitigation
hierarchy in subsection (1), above.
(5) Compensatory mitigation for Florida
Department of Transportation (FDOT) projects, proposed in accordance with
Section 373.4137, F.S., shall be
consistent with this chapter to be used for State 404 Program
permits.
(6) Compensatory
mitigation for mining in the Miami-Dade County Lake Belt Area requiring a State
404 permit conducted in accordance with Section
373.41492, F.S. shall be
consistent with this chapter to be used for State 404 Program permits.
Activities authorized by the permit cannot commence until the specific
compensatory mitigation project for which the mitigation funds will be used are
identified and approved by the Lake Belt Mitigation Committee.
Editor notes:
The effective date of the
rule will be the effective date of assumption, which is the date identified by
EPA as published in the Federal Register ยง
373.4146,
F.S.
