Publications, Forms and Agreements Incorporated by Reference

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No.: RULE TITLE
40D-4.091: Publications, Forms and Agreements Incorporated by Reference

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 36 No. 41, October 15, 2010 issue of the Florida Administrative Weekly.

Environmental Resource Permitting Information Manual Part B – Basis of Review

The following technical correction is made to Section 3.3.2.2.

The note “b. through d. No change” is moved up above “Appendix 4. Mitigation Banks”.

The remainder of the text remains as published.

3.3.2.2 Preservation

a. Preservation of important ecosystems can provide an improved level of protection over current regulatory programs. Wetlands, other surface waters, or uplands that comprise important ecosystems Preservation shall be preserved by donation of the fee title to the property or a, conservation easement interest in the property or other comparable land use restriction, of wetlands, other surface waters, or uplands. Conservation easements or restrictions must be consistent with the requirements of subsection 3.3.8. In many cases it is not expected that preservation alone will be sufficient to offset adverse impacts. Preservation will most frequently be approved in combination with other mitigation measures.

b. through d. No change.

Appendix 4. Mitigation Banks

3. Use of a Mitigation Bank.

Use of a mitigation bank is an appropriate and permittable mitigation option when the mitigation bank will offset the adverse impacts of the project and meet all other criteria for permit issuance. Some examples of when the use of a mitigation bank may be preferred include:; and

a. on-site mitigation opportunities are not expected to have comparable long-term viability due to such factors as unsuitable hydrologic conditions or ecologically incompatible existing adjacent land uses or future land uses identified in a local comprehensive plan adopted according to Chapter 163, F.S.; and or

b. use of the mitigation bank would provide greater improvement in ecological value than on-site mitigation.

In some cases, a combination of on-site mitigation and participation in a mitigation bank will be appropriate to offset adverse impacts of a project.