Date post: | 12-Jul-2015 |
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Environment |
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Types and Considerations
Christy Everett, Tanana Watershed Umbrella Mitigation Bank
Calli Donn, Pioneer Reserve Umbrella Mitigation Bank
What is Compensatory
Mitigation?
Compensatory Mitigation refers to the
regulatory requirement to compensate
for permitted impacts after avoiding and
minimizing those impacts to the
maximum extent practicable
Demonstration of Avoidance and Minimization
Development and Approval of
Mitigation Plan
Receipt of Final Permit
Types of Compensatory
Mitigation:
By Final Rule Hierarchy:
Mitigation Bank Credits
In-Lieu Fee Credits
Permittee Responsible Mitigation Projects
Preference is “soft”: depends on
circumstances
Mitigation Bank Credits
Mitigation Banks have sites with approved credits and known locations and service areas.
credit price is negotiable between bank and permittee, Corps isn’t involved in pricing.
In-Lieu-Fee (ILF) Programs
ILFs sell advance credits to purchase sites in future
one ILF available statewide: used to be only option
temporal lag in credits may lead to Corps requiring more credits per impact
credit price is set in public record
service areas are very large: site may be far from impacts.
permittee may never know (or be able to tell stakeholders) what site was purchased
with credits.
Permittee-Responsible
Mitigation
PRMs are developed by the permittee
can be tailored to operation and equipment
available
preferred by Corps in certain situations.
RIBITS: A Source of Information
about Mitigation Options
(ribits.usace.army.mil)
Information Available on RIBITS
Assessment Tools (to determine credits)
Policies/Definitions
Various Reports
Credit Classifications
Available Credits and
In-lieu Fee Programs
Search using latitude and longitude
Credits are the currency of mitigation: a measure of the value of an aquatic resource.
The Corps of Engineers will determine how many credits you “owe” in compensatory mitigation based on the amount and type of aquatic resources you plan to disturb.
You determine how to supply these credits.
One or more sites that have been
approved by the Corps and an
Interagency Review Team
Umbrella Mitigation Banks have more
than one site, and can add more
Provide a specific number and type of
credits of compensatory mitigation
In return for a fee a permittee transfers all the responsibility for compensatory mitigation to the Bank.
Credits can be used within the service area that is predetermined for the bank (current draft guidance uses the sub-basin watershed as primary and basin as secondary)
Credits should be either the same general type or important in the watershed.
The project is permit specific, permitteeprovides the necessary offset for the permit that it applies to.
Permittee designs mitigation plan
(12 components).
Permittee plans and implements the
mitigation plan.
Permittee retains liability for the maintenance and monitoring of the project.
Current mitigation bank service area
coverage in the state of Alaska
Credits can be produced from work on patented claims that is done beyond the scope of what the permittee is required to do.
An instrument would be needed to manage
extra credits
Credits could be traded within mining community
Credits are necessary for projects that do not have patented claims or fee simple land that is appropriate for credits or PRM projects.
PRM projects can be used for projects that
have only enough patented or fee simple
appropriate lands to offset their project, or
that are very remote and would not have
service area coverage for any other
expected projects.
Determine if compensatory mitigation
is necessary for your project
Discuss project plans with a Corps of
Engineers
project manager
Maximize avoidance and minimization
Determine which type best suits the
type and economics of your project
Is there a permittee-responsible
(PRM) project that is feasible?
If so, could additional credits be created
for sale/trade? This would change it to a
potential mitigation bank site.
How Claim Types Affect
Mitigation Options
State or Non-patented Claims
Patented Claims
No fee-simple ownership- state and/or federal regulations apply.
Fee simple ownership- full control of land.
Cannot provide protection in perpetuity without state or federal land manager approval.
Can provide protection in perpetuity, as required by Corps regulations.
MAY be possible to provide mitigation through a permitteeresponsible mitigation project, but credits cannot be created for other projects. Would have to agree to provide mitigation elsewhere if ever re-mined or otherwise disturbed.
Restoration that provides any improvement to aquatic resourcesbeyond what is required by other regulations can be used to offset impacts, and additional credits could be created for other projects as a bank site.
Potential PRM Projects
“Legacy” tailings piles or roads
Photo credit: USACE
Photo credit: USACE
Potential PRM Projects?
Potential to create or
enhance wetlands,
floodplain or off-channel
habitat
Photo credit: R. Burich
Photo credit: J. O’Brien
Photo credit: J. Howe
Take-away Points
Use planning to save money!
The 2008 Rule changes the landscape
Delineations of WOTUS are necessary
Ask questions early and often
Plan for a timeframe of 6 months to several years depending on complexity
Plan to avoid and minimize
Talk to the Corps, use every resource available to choose the best plan
Look to sell, barter or trade to compensate efficiently
Measure twice, cut once
Questions?