that on March 6, 2017, the South Florida Water Management District (SFWMD or District) issued an Order Granting Variance under Section 120.542, Florida Statutes, (SFWMD 2017-016-DAO-ERP) to the Southport Mitigation Bank, LLC, (Southport) concerning ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

The South Florida Water Management District hereby gives notice that on March 6, 2017, the South Florida Water Management District (SFWMD or District) issued an Order Granting Variance under Section 120.542, Florida Statutes, (SFWMD 2017-016-DAO-ERP) to the Southport Mitigation Bank, LLC, (Southport) concerning a project known as the Southport Ranch Mitigation Bank, located in Osceola County; Sections 21-23, 25-27, 34-36, Township 27 South, Range 29 East, and Sections 30, 31, Township 27 South, Range 30 East. The Petition for Variance (Application No. 161011-9) was received by the SFWMD on October 11, 2016. Notice of receipt of the Petition was published in the Florida Administrative Register, Vol. 42, Number 203, on October 18, 2016. No public comment was received. This Order provides a variance for the proposed use of an escrow account established with the Florida Department of Financial Services in lieu of the required trust fund agreement as their financial assurance for the perpetual management activities of the Southport Ranch Mitigation Bank. The particular criterion from which the variance is sought is found at Section 4.4.10.5 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, pertaining to financial responsibility for the long term management of mitigation banks. This criterion provides, in general, that financial responsibility for long term management of mitigation banks can only be established through a fully funded trust fund agreement. The Order sets forth the basis of the SFWMD decision to grant the variance, as follows: 1) the variance is necessary to prevent a substantial economic hardship on Southport; and 2) the purpose of the underlying rule has been achieved by other means.

A copy of the Order or additional information may be obtained by contacting the Regulation Division during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406; by telephone: [phone]; by email: [e-mail] or by accessing the District’s website, (www.sfwmd.gov), using the Application/Permit Search on the ePermitting page.