On July 31, 2024, the South Florida Water Management District granted JGS Land Development, LLC and Aquatic Resource Mitigation, LLC’s (collectively, “Petitioners”) Petition for Variance (Application No. 240516-43880/Permit ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-342.700Financial Responsibility

The South Florida Water Management District hereby gives notice: On July 31, 2024, the South Florida Water Management District granted JGS Land Development, LLC and Aquatic Resource Mitigation, LLC’s (collectively, “Petitioners”) Petition for Variance (Application No. 240516-43880/Permit No. 28-1111226-P) filed on May 14, 2024, for Lake Istokpoga Mitigation Bank (Application No. 211215-32462/Permit No. 28-107464-P) located in Highlands County, Florida. The Petition sought a variance from the requirement to substantially comply with and utilize the Performance Bond to Demonstrate Construction and Implementation Final Assurance (“Performance Bond”), Mitigation Bank Standby Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance (“Standby Trust”), and Mitigation Bank Trust Fund Agreement to Demonstrate Perpetual Management Financial Assurance (“Trust Fund Agreement”), adopted in paragraphs 62-342.700(5)(b), (10)(b), and (11)(b), F.A.C. Petitioners demonstrated that strict imposition of the financial mechanisms set forth in paragraphs 62-342.700(5)(b), (10)(b) and (11)(b), F.A.C., would result in a substantial economic hardship because without the variance, Petitioner would be required to provide duplicate financial assurances with no additional proposed works, and providing no additional benefit to the environment. Petitioners also provided reasonable assurances that the underlying purpose of Chapter 373, Florida Statutes, would be achieved through the use of the modified Performance Bond, Standby Trust, and Trust Fund Agreement forms. Notice of receipt of the Petition for Variance was published in the Florida Administrative Register, Vol. 50, No. 99 on May 18, 2024.

A copy of the Order or additional information may be obtained by contacting:

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