40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of the proposed revision to Section (9)(j)3. of Appendix IV of the Basis of Review for Environmental Resource Permitting is to remove the consideration of property taxes in the development of cost estimates for the perpetual maintenance of mitigation banks.
SUBJECT AREA TO BE ADDRESSED: Mitigation Banks.
SPECIFIC AUTHORITY: 373.044, 373.046, 373.113, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Karen West, Deputy General Counsel, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, Florida 34604-6899, (352)796-7211 or 1(800)423-1476, extension 4651
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-4.091 Publications and Agreements Incorporated by Reference.
The following documents are hereby incorporated into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, ___________ June 22, 2008. This document is available from the District upon request.
(2) through (5) No change.
Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. HistoryNew 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08,________.
APPENDIX 4
BASIS OF REVIEW FOR THE ESTABLISHMENT AND USE OF
MITIGATION BANKS
(1) through (8) No change.
(9) Financial Responsibility.
(a) through (i) No change.
(j) Cost estimates.
1. through 2. No change.
3. The cost estimate for the perpetual management of the mitigation bank shall be based on the costs of maintaining and operating any structures, controlling nuisance or exotic species, fire management, consultant fees, monitoring activities and reports, taxes and any other costs associated with perpetual management. The amount of financial responsibility shall equal the cost of perpetual management for the bank, or for banks constructed in phases, for all phases for which credits have been released.
4. through 5. No change.
(k) through (l) No change.
