Florida Regulations 62-345.300: Assessment Method Overview and Guidance
Current as of: 2024 | Check for updates
|
Other versions
(1) When an applicant proposes mitigation for impacts to wetlands and surface waters as part of an environmental resource permit or wetland resource permit application, the applicant will be responsible for submitting the necessary supporting information for the application of Rules 62-345.400-.600, F.A.C., of this chapter and the reviewing agency will be responsible for verifying this information and applying this assessment method to determine the amount of mitigation necessary to offset the proposed impacts. When an applicant submits a mitigation bank or regional mitigation permit application, the applicant will be responsible for submitting the necessary supporting information for the application of Rules 62-345.400-.600, F.A.C., of this chapter and the reviewing agency will be responsible for verifying this information and applying this assessment method to determine the potential amount of mitigation to be provided by the bank or regional mitigation area.
(2) To determine the value of functions provided by impact and mitigation sites, the method incorporates the following considerations: current condition (see subsection 62-345.500(6), F.A.C.); hydrologic connection (see Fl. Admin. Code R. 62-345.400(1)(d)); uniqueness (see Fl. Admin. Code R. 62-345.400(1)(f)); location (see subsections 62-345.400(1) and 62-345.500(7), F.A.C.); fish and wildlife utilization (see Fl. Admin. Code R. 62-345.400(1)(h)); time lag (see subsection 62-345.600(1), F.A.C.); and mitigation risk (see subsection 62-345.600(2), F.A.C.).
(3) The assessment method is designed to be used in any type of impact site or mitigation site in any geographic region of the state. The inherent flexibility required for such a method is accomplished in a multi-part approach that consists of the following processes:
(a) Conduct qualitative characterization of both the impact and mitigation assessment areas (Part I) that describes the assessment area, identifies its native community type and the functions to fish and wildlife and their habitat, using Form 62-345.300(1), Part I – Qualitative Description, incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06935, or from the Agency as provided in subsection (6). The purpose of Part I is to provide a framework for comparison of the assessment area to the optimal condition and location of that native community type. Another purpose of this part is to note any relevant factors of the assessment area that are discovered by site inspectors, including use by listed species.
(b) Conduct quantitative assessment (Part II) of the impact and mitigation sites and use the numerical scores to compare the reduction of ecological value due to proposed impacts and the gain in ecological value due to proposed mitigation and to determine whether a sufficient amount of mitigation is proposed, using Form 62-345.300(2), Part II – Quantification of Assessment Area (impact or mitigation), incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06936, or from the Agency as provided in subsection (6).
(c) Adjust the gain in ecological value from either upland or wetland preservation in accordance with subsection 62-345.500(3), F.A.C.
(d) For mitigation assessment areas, assess the proposed mitigation for time lag and risk.
(e) Determine the functional gain or loss for mitigation and impact assessment areas, respectively, by applying the formulas in subsection 62-345.600(3), F.A.C., to ascertain the number of mitigation bank credits to be awarded and debited and the amount of mitigation needed to offset the impacts to wetlands and other surface waters, using Form 62-345.300(3), Mitigation Determination Formulas, incorporated by reference herein (9-12-07), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06937, or from the Agency as provided in subsection (6).
(4) Part I of this method provides a descriptive framework to characterize the assessment area and the functions provided by that area. Part II of this method provides indicators of wetland and other surface water function, which are scored based on the framework developed in Part I. Part I must be completed and referenced by the user of this method when scoring the assessment area in Part II. An impact or mitigation site may contain more than one assessment area, each of which shall be independently evaluated under this method.
(5) The degree of ecological change on a site must be determined for both the impact and mitigation assessment areas by the mathematical difference in the Part II scores established pursuant to Fl. Admin. Code R. 62-345.500, between the current condition and with-impact condition assessment, and between the current condition or without preservation and the with mitigation condition assessments. This difference is termed the “”delta.”” This formula must be applied to all assessment areas within both proposed impact sites and mitigation sites (including mitigation banks and regional offsite mitigation areas when applicable).
(6) All forms incorporated in Fl. Admin. Code R. 62-345.300, may also be obtained from the reviewing agency identified in Appendix A of the Environmental Resource Permit Applicant’s Handbook Volume I, which is incorporated by reference in Fl. Admin. Code R. 62-330.010(4)(a)
Rulemaking Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS. History-New 2-2-04, Amended 9-12-07, 6-14-16.
(2) To determine the value of functions provided by impact and mitigation sites, the method incorporates the following considerations: current condition (see subsection 62-345.500(6), F.A.C.); hydrologic connection (see Fl. Admin. Code R. 62-345.400(1)(d)); uniqueness (see Fl. Admin. Code R. 62-345.400(1)(f)); location (see subsections 62-345.400(1) and 62-345.500(7), F.A.C.); fish and wildlife utilization (see Fl. Admin. Code R. 62-345.400(1)(h)); time lag (see subsection 62-345.600(1), F.A.C.); and mitigation risk (see subsection 62-345.600(2), F.A.C.).
(3) The assessment method is designed to be used in any type of impact site or mitigation site in any geographic region of the state. The inherent flexibility required for such a method is accomplished in a multi-part approach that consists of the following processes:
(a) Conduct qualitative characterization of both the impact and mitigation assessment areas (Part I) that describes the assessment area, identifies its native community type and the functions to fish and wildlife and their habitat, using Form 62-345.300(1), Part I – Qualitative Description, incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06935, or from the Agency as provided in subsection (6). The purpose of Part I is to provide a framework for comparison of the assessment area to the optimal condition and location of that native community type. Another purpose of this part is to note any relevant factors of the assessment area that are discovered by site inspectors, including use by listed species.
(b) Conduct quantitative assessment (Part II) of the impact and mitigation sites and use the numerical scores to compare the reduction of ecological value due to proposed impacts and the gain in ecological value due to proposed mitigation and to determine whether a sufficient amount of mitigation is proposed, using Form 62-345.300(2), Part II – Quantification of Assessment Area (impact or mitigation), incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06936, or from the Agency as provided in subsection (6).
(c) Adjust the gain in ecological value from either upland or wetland preservation in accordance with subsection 62-345.500(3), F.A.C.
(d) For mitigation assessment areas, assess the proposed mitigation for time lag and risk.
(e) Determine the functional gain or loss for mitigation and impact assessment areas, respectively, by applying the formulas in subsection 62-345.600(3), F.A.C., to ascertain the number of mitigation bank credits to be awarded and debited and the amount of mitigation needed to offset the impacts to wetlands and other surface waters, using Form 62-345.300(3), Mitigation Determination Formulas, incorporated by reference herein (9-12-07), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06937, or from the Agency as provided in subsection (6).
(4) Part I of this method provides a descriptive framework to characterize the assessment area and the functions provided by that area. Part II of this method provides indicators of wetland and other surface water function, which are scored based on the framework developed in Part I. Part I must be completed and referenced by the user of this method when scoring the assessment area in Part II. An impact or mitigation site may contain more than one assessment area, each of which shall be independently evaluated under this method.
(5) The degree of ecological change on a site must be determined for both the impact and mitigation assessment areas by the mathematical difference in the Part II scores established pursuant to Fl. Admin. Code R. 62-345.500, between the current condition and with-impact condition assessment, and between the current condition or without preservation and the with mitigation condition assessments. This difference is termed the “”delta.”” This formula must be applied to all assessment areas within both proposed impact sites and mitigation sites (including mitigation banks and regional offsite mitigation areas when applicable).
(6) All forms incorporated in Fl. Admin. Code R. 62-345.300, may also be obtained from the reviewing agency identified in Appendix A of the Environmental Resource Permit Applicant’s Handbook Volume I, which is incorporated by reference in Fl. Admin. Code R. 62-330.010(4)(a)
Rulemaking Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS. History-New 2-2-04, Amended 9-12-07, 6-14-16.