Mitigation Banks Sample Clauses
The Mitigation Banks clause establishes the use of third-party conservation or restoration projects, known as mitigation banks, to offset environmental impacts caused by a development or activity. In practice, this clause allows a party responsible for environmental disturbance to purchase credits from an approved mitigation bank, which has already undertaken habitat restoration or preservation efforts elsewhere. This mechanism streamlines compliance with environmental regulations by providing a flexible, market-based solution for compensating ecological loss, ensuring that environmental impacts are effectively addressed even when on-site mitigation is not feasible.
Mitigation Banks. A. Joint Review Teams Joint review of mitigation bank applications can serve to facilitate more efficient and effective review of such applications. At the request of one or more of the parties which has permitting responsibilities for a proposed mitigation bank, an interagency review team (Team) shall be formed, comprised, at a minimum, of representatives from the Corps, the Department, and the appropriate District.
B. Team Coordination The Team shall coordinate the following:
1. Pre-application meetings involving the planning of mitigation banks;
2. Reviewing mitigation bank permit applications;
3. Sharing of relevant application information, including letters and staff reports;
4. Assigning the number and use of available mitigation credits, establishing mitigation service areas, and developing compatible mitigation bank permit conditions, to the extent possible under the applicable rule criteria of the parties;
5. Tracking the withdrawal of mitigation credits;
6. Conducting inspections of the bank; and
7. Determining success of the bank.
Mitigation Banks a. The DEPARTMENT shall review and take final action on all permit applications for mitigation banks, under Part IV of Chapter 373, F.S., filed by:
(1) Entities which propose mitigation banks primarily to offset the impacts of solid waste management facilities for which the DEPARTMENT is responsible under Section II.
(2) Entities engaged in the business of mining which propose mitigation banks primarily to offset the impacts of mining projects for which the DEPARTMENT is responsible under Section II.
(3) Entities engaged in the business of power production which propose mitigation banks primarily to offset the impacts of power plants or electrical distribution or transmission lines or other facilities related to the production, transmission or distribution of electricity for which the DEPARTMENT is responsible under Section II.
(4) Entities engaged in the business of communication transmission which propose mitigation banks primarily to offset the impacts of communication cables or lines for which the DEPARTMENT is responsible under Section II.
(5) Entities engaged in the business of natural gas or petroleum exploration, production, or distribution which propose mitigation banks primarily to offset the impacts of natural gas or petroleum exploration, production or distribution activities or facilities, or product pipelines for which the DEPARTMENT is responsible under Section II.
(6) Governmental entities which propose mitigation banks primarily to offset the impacts of navigational dredging which they conduct for which the DEPARTMENT is responsible under Section II.
(7) Port authorities as defined in Subsection 315.02(2), F.S., which propose mitigation banks primarily to offset the impacts of seaports or adjacent seaport related development for which the DEPARTMENT is responsible under Section II.
(8) The DISTRICT.
b. For the purposes of Section II.A.3., “primarily to offset” shall mean that greater than 50 percent of the assigned mitigation credits from the proposed mitigation bank are proposed to offset impacts which result from the project type as specified in one of paragraphs (1) through (7) of Section II.A.3.a. However, nothing in Section
Mitigation Banks a. The DEPARTMENT shall review and take final action on all permit applications for mitigation banks, under Part IV, Chapter 373, F.S.
b. To establish a Mitigation Bank, the DISTRICT shall submit a Mitigation Bank application, including a Mitigation Bank Plan, to the DEPARTMENT. The Mitigation Bank Plan shall identify one or more parcels of land to be acquired for mitigation site(s) or identify one or more parcels of land in which the DISTRICT has a legal or equitable interest. During the Mitigation Bank application review process, there shall be no more than two requests for additional information.
Mitigation Banks. Instruments for mitigation banks or in-lieu-fee programs developed for the Department must be signed by the Regulatory Chief, or a higher level position that is not funded by any agreement.