Broward County Commission Regular Meeting

MOTION TO ACKNOWLEDGE use of the Loxahatchee Mitigation Bank by Ms. Leigh Young as a site for compensatory mitigation for additional forested wetland impacts associated with a single family home in the City of Parkland. (Commission District 3)

ACTION: (T-10:23 AM) Approved.

VOTE: 8-0. Commissioner Ritter was not present.

ACTION: (T-10:45 AM) The Board reconsidered the Consent Agenda for Item 28. (Refer to minutes for full discussion.)

VOTE: 9-0. Commissioner Ritter voted in the affirmative telephonically.

Board action is necessary to fulfill the requirements of a modification to Environmental Resource License No. DF13-1061 which was issued pursuant to Chapter 27-333 of the Broward County Code of Ordinances.

Action acknowledges use of the Loxahatchee Mitigation Bank for compensatory mitigation for forested wetland impacts associated with a single family home.

None

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

On February 15, 2000, Broward County (Petitioner), the Florida Department of Environmental Protection and Foster Wheeler Environmental Corporation (now TetraTech) (Respondents) entered into an agreement detailing the conditions under which the Loxahatchee Mitigation Bank could be utilized as mitigation for wetland impacts within Broward County. Item one (1) of the Agreement specifically states that "Foster Wheeler shall not request the withdrawal of credits from the Loxahatchee Mitigation Bank (authorized by Florida Department of Environmental Protection (DEP) permit number 0140969-001) to offset impacts in Broward County unless (i) the Broward County Department of Planning and Environmental Protection (or any successor agency) has processed an application to impact wetlands or other surface waters in Broward County and agreed that use of the Loxahatchee Mitigation Bank is appropriate as mitigation to offset those impacts; and (ii) the Broward County Board of County Commissioners has consented to the use of the Loxahatchee Mitigation Bank in such instances." (Exhibit 1)

Pursuant to Environmental Resource License DF13-1061, on October 1st, 2013 (Item 23) the Board acknowledged use of the South Dade / Everglades Wetland Mitigation Bank by Ms. Leigh Young for compensatory mitigation of forested wetland impacts associated with the construction of a single family home in Parkland.

Ms. Leigh Young now desires to utilize the Loxahatchee Wetlands Mitigation Bank for mitigation to offset additional forested wetland impacts resulting from the construction of accessory structures on the same single family home site. An application to modify Environmental Resource License No. DF13-1061 has been received and evaluated by ELBPD staff, who determined that the 0.03 acres of additional wetland impacts could be mitigated through the purchase of 0.01 credits of forested wetland mitigation at the Loxahatchee Bank. The required mitigation bank credits were paid in full as of December 23, 2013 (Exhibit 2).