Fla. Admin. Code Ann. R. 62-345.600 - Time Lag, Risk, and Mitigation Determination

(1) Time lag shall be incorporated into the gain in ecological value of the proposed mitigation as follows:

(a) The time lag associated with mitigation means the period of time between when the functions are lost at an impact site and when the site has achieved the outcome that was scored in Part II. In general, the time lag varies by the type and timing of mitigation in relation to the impacts. Wetland creation generally has a greater time lag to establish certain wetland functions than most enhancement activities. Forested systems typically require more time to establish characteristic structure and function than most herbaceous systems. Factors to consider when assigning time lag include biological, physical, and chemical processes associated with nutrient cycling, hydric soil development, and community development and succession. There is no time lag if the mitigation fully offsets the anticipated impacts prior to or at the time of impact.

(b) The time lag factor under this section shall be scored as 1 when evaluating mitigation for proposed phosphate and heavy mineral mining activities in accordance with this rule to determine compliance with Section 373.414(6)(b), F.S.

(c) For the purposes of this rule, the time lag, in years, is related to a factor (T-factor) as established in Table 1 below, to reflect the additional mitigation needed to account for the deferred replacement of wetland or surface water functions.

(d) The "Year" column in Table 1 represents the number of years between the time the wetland impacts are anticipated to occur and the time when the mitigation is anticipated to fully offset the impacts, based on reasonable scientific judgment of the proposed mitigation activities and the site specific conditions.

TABLE 1.
Year	T-factor
< or = 1	1
2	1.03
3	1.07
4	1.10
5	1.14
6-10	1.25
11-15	1.46
16-20	1.68
21-25	1.92
26-30	2.18
31-35	2.45
36-40	2.73
41-45	3.03
46-50	3.34
51-55	3.65
>55	3.91

(2) Mitigation risk shall be evaluated to account for the degree of uncertainty that the proposed conditions will be achieved, resulting in a reduction in the ecological value of the mitigation assessment area. In general, mitigation projects which require longer periods of time to replace lost functions or to recover from potential perturbations will be considered to have higher risk that those which require shorter periods of time. The assessment area shall be scored on a scale from 1 (for no or de minimus risk) to 3 (high risk), on quarter-point (0.25) increments. A score of one would most often be applied to mitigation conducted in an ecologically viable landscape and deemed successful or clearly trending towards success prior to impacts, whereas a score of three would indicate an extremely low likelihood of success based on the ecological factors below. A single risk score shall be assigned, considering the applicability and relative significance of the factors below, based upon consideration of the likelihood and the potential severity of reduction in ecological value due to these factors.

(a) The vulnerability of the mitigation to and the extent of the effect of different hydrologic conditions than those proposed, considering the degree of dependence on mechanical or artificial means to achieve proposed hydrologic conditions, such as pumps or adjustable weirs, effects of water withdrawals, diversion or drainage features, reliability of the hydrologic data, modeling, and design, unstable conditions due to waves, wind, or currents, and the hydrologic complexity of the proposed community. Systems with relatively simple and predictable hydrology, such as tidal wetlands, would entail less risk than complex hydrological systems such as seepage slopes or perched wetlands;

(b) The vulnerability of the mitigation to the establishment and long-term viability of plant communities other than that proposed, and the potential reduction in ecological value which might result, considering the compatibility of the site soils and hydrologic conditions with the proposed plant community, planting plans, and track record for community or plant establishment method;

(c) The vulnerability of the mitigation to colonization by invasive exotic or other invasive species, considering the location of recruitment sources, the suitability of the site for establishment of these species, the degree to which the functions provided by plant community would be affected;

(d) The vulnerability of the mitigation to degraded water quality, considering factors such as current and future adjacent land use, and construction, operation, and maintenance of surface water treatment systems, to the extent that ecological value is affected by these changes;

(e) The vulnerability of the mitigation to secondary impacts due to its location, considering potential land use changes in surrounding area, existing protection provided to surrounding areas by easements, restrictive covenants, or federal, state, or local regulations, and the extent to which these factors influence the long term viability of functions provided by the mitigation site; and,

(f) The vulnerability of the mitigation to direct impacts, considering its location and existing and proposed protection provided to the mitigation site by easements, restrictive covenants, or federal, state, or local regulations, and the extent to which these measures influence the long term viability of the mitigation site.

(3) The relative gain of functions provided by a mitigation assessment area must be adjusted for time lag and risk using the following formula: Relative functional gain (RFG) = Mitigation Delta (or adjusted mitigation delta for preservation)/(risk x t-factor). The loss of functions provided by impact assessment areas is determined using the following formula: Functional loss (FL) = Impact Delta x Impact Acres. When the acres of a proposed mitigation assessment area is known, the gain in functions provided by that mitigation assessment area is determined using the following formula: Functional gain (FG) = RFG x Mitigation Acres.

(a) To determine the number of potential mitigation bank credits a bank or regional offsite mitigation area can provide, multiply the relative functional gain (RFG) times the acres of the mitigation bank or regional offsite mitigation assessment area scored. The total amount of credits is the summation of the potential RFG for each assessment area.

(b) To determine the number of mitigation bank credits or amount of regional offsite mitigation needed to offset impacts, when the bank or regional offsite mitigation area is assessed in accordance with this rule, calculate the functional loss (FL) of each impact assessment area. The total number of credits required is the summation of the calculated functional loss for each impact assessment area. Neither time lag nor risk is applied to determining the number of mitigation bank credits or amount of mitigation necessary to offset impacts when the bank or regional offsite mitigation area has been assessed under this rule.

(c) To determine the acres of one mitigation area needed to offset impacts to one assessment area when not using a bank or a regional offsite mitigation area as mitigation, divide functional loss (FL) by relative functional gain (RFG). If the acreage of proposed mitigation is known, then functional gain (FG) must be equal to or greater than the functional loss (FL).

(d) If there are multiple impact assessment areas and/or multiple mitigation assessment areas with known acreages to offset those impacts, then the summation of the appropriate functional gains (FG) must be equal to or greater than the summation of the respective functional loss (FL).

Notes

Fla. Admin. Code Ann. R. 62-345.600

Rulemaking Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS.

New 2-2-04, Amended 9-12-07.

New 2-2-04, Amended 9-12-07.