Any 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.
