that it has issued an order on May 9, 2017, granting Wekiva River Mitigation Bank, LLC’s Petition for a variance. The Petition was received on October 6, 2016. Notice of receipt of this Petition was published in the Florida Administrative Register ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-342.700Financial Responsibility

The Department of Environment Protection hereby gives notice that it has issued an order on May 9, 2017, granting Wekiva River Mitigation Bank, LLC’s Petition for a variance. The Petition was received on October 6, 2016. Notice of receipt of this Petition was published in the Florida Administrative Register on October 14, 2016 Volume 42 Number 201. The petition requested a variance from paragraphs 62-342.700(1)(b) and (9)(a), F.A.C., which requires reasonable assurances that the Mitigation Bank will meet the requirements under Section 373.4136, F.S., and proof of financial responsibility for the perpetual management activities approved for the Mitigation Bank in the form of a surety bond, performance bond, irrevocable letter of credit, or trust fund. The Wekiva River Mitigation Bank is located in Sections 23-26 and Sections 35-36, Township 19 South, Range 28 East, Lake County, Florida. The petition has been assigned OGC No. 16-1324. The Bank operates under Environmental Resource Permit No. 0234803-013. This variance will allow Wekiva River Mitigation Bank to demonstrate financial responsibility for perpetual management activities for the Bank by establishing an escrow account with the Florida Department of Financial Services instead of the financial mechanisms provided for in subsection 62-342.700(9), F.A.C. No public comment was received. The Order, file number 0234803-049, granted the Petition based on a showing that Petitioner demonstrated that a strict application of the rule would result in substantial hardship to Petitioner or would affect Petitioner differently than other similarly situated applicants and because Petitioner demonstrated that the purpose of the underlying statute will be or has been achieved by other means.

A copy of the Order or additional information may be obtained by contacting: Donna Kendall, Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 2500, Tallahassee, Florida 32399-2400, [phone], [e-mail] during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.