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Mitigation Information

Wetland Delineation

Back in February 2020, Colangelo had the pleasure of going on a wetland delineation in Sanford, Florida with Bill Griffy of Ecological Consulting Solutions, Inc. The landowner was uncertain what he was able to do or not do with the property for development purposes. An environmental consultant, like Bill Griffy, can do a wetland delineation for your project to see where the wetland lines lay and also determine the quality of the wetland depending on the Location & Landscape, Water

2019 Environmental Permitting Summer School Recap

The Environmental Permitting Summer School is attended by attorneys, consultants, engineers, state and local government officials, developers, landowners, and others with a strong interest in environmental issues in Florida. I am incredibly honored that I was able to exhibit and speak at this year’s event in Marco Island, FL. Did you know that this is the 33rd straight year of this event? During the panel discussion, I spoke on the subject of Mitigation Banking Practical Considerations: Challenges and Opportunities. Although not a

Mitigation Banking 101

What is a Mitigation Bank? Mitigation Banks are large-scale wetland and/or stream restoration and enhancement projects that are established in areas where continued development will require impacts to these important aquatic resources. The restoration work completed at a mitigation bank generates a net gain of wetlands and/or stream in a given area, which is quantified based on the resulting ecological benefit to generate a number of mitigation “credits” . The mitigation bank is protected in perpetuity, via a conservation easement. The

Federal 404 Mitigation Bank

As of April 2019, Florida has 81 Federally permitted mitigation banks and 32 mitigation banks that are pending the federal permitting process. As you can see from the map below, the service areas that mitigation banks represent is majority of the state of Florida. The mitigation banking industry is growing strong since its inception in the 1990’s. The mitigation banking industry grants private landowners credits for investing in restoration; landowners can then sell these credits to developers who

The Florida Department of Environmental Protection (FDEP) will assume permitting duties under section 404 of the federal Clean Water Act

The Florida Department of Environmental Protection (FDEP) will assume permitting duties under section 404 of the federal Clean Water Act. HB 7043, which passed the Legislature March 8, creates the framework for the permit assumption. Details of the program will be worked out with various Memorandums of Agreement (MOAs) between DEP and the EPA, the US Army Corps of Engineers, and (likely) the US Fish and Wildlife Service. Stay Tuned!

Section 404 of the Clean Water Act (CWA): Proposed Changes to Florida Wetlands

Section 404 of the Clean Water Act (CWA) regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States. Senate Bill 1402, which was proposed on January 9, 2018, would authorize the Florida Department of Environmental Protection (FDEP) to assume administration of the federal Clean Water Act, section 404 dredge and fill permitting program from

Mitigation Bank Rulemaking

Mitigation Banking Rulemaking for Florida Department of Environmental Protection. This information has recently been updated and is now available. Rule Adoption Hearing for 62-342.700, F.A.C., Financial Assurance for Mitigation Banks (Tentative) DATE AND TIME: January 19th, 2018, 1:00 p.m., ET PLACE: This hearing will be broadcast via webinar. Parties can register to attend the webinar via their personal computers with audio by telephone (regular long distance telephone charges will apply) or by speakers connected to their computer (no telephone charges will apply). Webinar registration is

Crooked River Mitigation Bank For Sale

Crooked River Mitigation Bank For Sale

Permitting a mitigation bank is considered a high barrier to entry industry and risky due to the indefinite permitting timelines, standards and other unknowns. Entering the marketplace with a fully functioning mitigation bank permitted by both state and federal agencies is a unique, valuable long-term asset, that awards you less risk and a several years of time-savings.