that on August 17, 2012, the Department of Environmental Protection issued a Final Order granting a petition for variance to CRP/HLV Highlands Ranch, LLC. The petition for variance was received on July 16, 2012, seeking a variance from subsections ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-342.700: Financial Responsibility

The Department of Environmental Protection hereby gives notice that on August 17, 2012, the Department of Environmental Protection issued a Final Order granting a petition for variance to CRP/HLV Highlands Ranch, LLC. The petition for variance was received on July 16, 2012, seeking a variance from subsections 62-342.700(1)(a), (2), (3) and (4), F.A.C., to waive the requirement that Petitioner provide proof of financial responsibility for the construction and implementation phase of a proposed mitigation bank and the release of mitigation credits. The petition was assigned OGC File No.: 12-1338. Notice of receipt of this petition was published in the Florida Administrative Weekly on July 27, 2012. One public comment was received. The Final Order granted a variance because information provided by Petitioner demonstrates that Petitioner would incur substantial hardship if required to comply with the current financial responsibility requirements for the construction and implementation of the Highlands Ranch Mitigation Bank permit, and the literal application of the rule would affect Petitioner in a manner significantly different from the way it affects other mitigation bankers because the proposed permit requires that work generating the ecological value reflected in the award of credits be successfully completed before the Department releases mitigation credits. The conditions require that financial responsibility for the perpetual management of each phase of the bank shall be provided as required in Rule 62-342.700, F.A.C., and the permit, at the start of each phase along with the conservation easement and security. The variance is permanent.

A copy of the Order or additional information may be obtained by contacting: Mary VanTassel, Florida Department of Environmental Protection, Bureau of Submerged Lands and Environmental Resources, 2600 Blair Stone Road, MS #2500, Tallahassee, Florida 32399-2400, [phone]; e-mail: [e-mail] or Facsimile: [phone].