62-345.400. Qualitative Characterization - Part I

An impact or mitigation assessment area must be described with sufficient detail to provide a frame of reference for the type of community being evaluated and to identify the functions that will be evaluated. When an assessment area is an upland proposed as mitigation, functions must be related to the benefits provided by that upland to fish and wildlife of associated wetlands or other surface waters. Information for each assessment area must be sufficient to identify the functions beneficial to fish and wildlife and their habitat that are characteristic of the assessment area’s native community type, based on currently available information, such as aerial photographs, topographic maps, geographic information system data and maps, site visits, scientific articles, journals, other professional reports, field verification when needed, and reasonable scientific judgment. For artificial systems, such as borrow pits, ditches and canals, and for altered systems, refer to the native community type it most closely resembles. The information provided by the applicant for each assessment area must address the following, as applicable:

(1) Special water classifications, such as whether the area is in an Outstanding Florida Water, an Aquatic Preserve, a Class II water approved, restricted, conditionally approved, conditionally restricted for shellfish harvesting, or an Area of Critical State Concern;

(2) Significant nearby features that might affect the values of the functions provided by the assessment area, such as areas with regionally significant ecological resources or habitats (national or state parks, forests, or reserves; Outstanding National Resource Waters and associated watershed; Outstanding Florida Waters and associated watershed; other conservation areas), major industry, or commercial airport;

(3) Assessment area size;

(4) Geographic relationship and hydrologic connection between the assessment area and any contiguous wetland or other surface waters, or uplands, as applicable;

(5) Classification of the assessment area’s native community type, considering past alterations that affect the classification. Classification shall be based on Florida Land Use, Cover and Form Classification System (1999) (FLUCC) codes, which is incorporated by reference herein. In addition, the applicant may further classify the assessment area using the 26 Communities of Florida, Soils Conservation Service (February 1981), which is incorporated by reference herein; A Hydrogeomorphic Classification for Wetlands, Wetland Research Program Technical Report WRP-DE-4, Mark M. Brinson (August 1993), which is incorporated by reference herein; or other sources that, based on reasonable scientific judgment, describe the natural communities in Florida;

(6) Uniqueness when considering the relative rarity of the wetland or other surface water and floral and faunal components, including listed species, on the assessment area in relation to the surrounding regional landscape;

(7) Functions performed by the assessment area’s native community type. Functions to be considered are: providing cover, substrate, 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 enhances fish, wildlife, and listed species utilization;

(8) Anticipated wildlife utilization and type of use (feeding, breeding, nesting, resting, or denning), and applicable listing classifications (threatened, endangered, or species of special concern as defined by Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C.). The list developed for the assessment area need not include all species which use the area, but must include all listed species in addition to those species that are characteristic of the native community type, considering the size and geographic location of the assessment area. Generally, wildlife surveys will not be required. The need for a wildlife survey will be determined by the likelihood that the site is used by listed species, considering site characteristics and the range and habitat needs of such species, and whether the proposed system will impact that use;

(9) Whether any portion of the assessment area has been previously used as mitigation for a prior issued permit; and

(10) Any additional information that is needed to accurately characterize the ecological values of the assessment area and functions provided.

Specific Authority 373.026(7), 373.043, 373.414(9), (18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07.