that it has issued an order on May 9, 2017, granting Florida Mitigation Bank, LLC’s Petition for variance. The Petition was received on October 13, 2016. Notice of receipt was published in the Florida Administrative Register on October 24, 2016 ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-342.700Financial Responsibility

The Department of Environmental Protection hereby gives notice that it has issued an order on May 9, 2017, granting Florida Mitigation Bank, LLC’s Petition for variance. The Petition was received on October 13, 2016. Notice of receipt was published in the Florida Administrative Register on October 24, 2016, Volume 42, Number 207. The petition requested a variance from paragraphs 62-342.700(1)(b) and (9)(a), F.A.C., which require 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 Florida Mitigation Bank is located in northern Osceola County, south of Route 192, and directly east of C-1 canal, within Reedy Creek Swamp, Sections 15, 16, and 21, Township 25 South, Range 28 East. The petition has been assigned OGC No. 16-1339. The Bank operates under Environmental Resource Permit No. 0138562-001. This variance will allow Florida 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 0138562-163, 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.