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.
