62-348.600. Wetland Mitigation Design and Technical Criteria

The alternative wetland mitigation criteria for areas qualified for the provisions of this chapter shall meet all of the following requirements:

(1) The applicant shall not be required to modify the design to reduce or eliminate adverse impacts to high-quality peat extraction areas with a current condition score of less than 0.80, as verified by the Department in accordance with the Uniform Mitigation Assessment Method of Chapter 62-345, F.A.C., except to require that the project meet water quality standards, not cause adverse offsite flooding, not adversely impact significant historical and archeological resources pursuant to Section 267.061, F.S., and not cause adverse impacts to listed species or their habitats.

(2) Within extraction areas qualified for the provisions of this chapter, the applicant may reclaim up to 30 percent of the pre-mining wetlands as open water, which shall be considered appropriate and sufficient mitigation for the adverse impacts to the wetlands. If the applicant chooses to reclaim more than 30 percent of the pre-mining wetlands as open water, the applicant must propose wetland mitigation to address adverse impacts of the additional open water beyond the 30 percent. Regardless of the amount of mitigation proposed, the amount of open water within the extraction area shall not exceed 60 percent of the pre-mining wetlands. The wetland mitigation for open waters beyond 30 percent, shall meet the requirements of Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for Rule 62-345.600, F.A.C.

(3) Wetland mitigation areas constructed within and contiguous to the extraction area, exclusive of the allowable open water, shall meet all of the following standards:

(a) The requirements of Chapters 62-330 and 62-345, F.A.C., for environmental resource permits.

(b) Supports 80 percent cover by obligate and facultative wet emergent herbaceous vegetation.

(c) Slopes no steeper than 6 horizontal to 1 vertical, from the seasonal high water elevation to a depth of five feet below the seasonal high water elevation.

(d) Invasive exotic and nuisance species shall be less than 5 percent of the cover.

(e) The required slopes and vegetation cover shall be complete within three years of the initial contouring of the mitigation area.

(4) The permittee shall ensure that sufficient quantities of peat or sand are available to provide sufficient planting area to complete wetland mitigation within extraction areas.

(5) The annual reports required by subsection 62-348.800(1), F.A.C., shall demonstrate that no less than 80 percent of the extracted peat was high-quality peat and at least 80 percent of the high-quality peat was used by the Florida horticultural industry in products that incorporate other renewable or recycled materials to replace or reduce the use of natural peat.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145, 373.418, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended 1-5-15.