Greg Sutter Craig Denisoff Vice President Vice President The - PowerPoint PPT Presentation

Greg Sutter Craig Denisoff Vice President Vice President

“ The National Research Council” 2

“The committee concludes that the wetland remnants of the development process may not constitute the best configuration of wetland type for a watershed.” 3

“The committee learned that in some cases specified mitigation was not initiated as required... In addition, numerous studies on mitigation required by permits revealed that as much as 34% of the mitigation was never installed (p 101).” 4

The Problems The Solutions 1. Technical Shortcomings 1. More clear and rigorous (e.g., Restoration Ecology requirements for planning, Failures) designing, and monitoring projects. 2. Multi-agency review, 2. Procedural Pitfalls checks & balances in implementation, and compliance 3. Legal and Financial Gaps 3. Binding agreements & financial guarantees 5

 30 yr credit  3 yr credit releases releases  12 digit HUC  4 digit HUC Service Areas Service Areas 6

Module 1: Site Selection Module 2: Prospectus Module 3: Restoration Design Module 4: Bank Document Module 5: Construction Module 6: Land Stewardship 7

Module 1: Site Selection • Where in the Rule Module 2: Prospectus • Agency perspective • Banker’s perspective Module 3: Restoration Design • Pitfalls, or “tripping Module 4: Bank Document hazards” • Summary slide Module 5: Construction Module 6: Land Stewardship 8

Module 1 Site Selection

Where in the Rule? • 332.3 (d) (1) & (3) The compensatory mitigation project site must be ecologically suitable for providing the desired aquatic resource function. Applicants should propose compensation sites adjacent to existing aquatic resources or where aquatic resources previously existed. 10

1. Watershed driven. 2. Defendable and objective process. 3. Fits regional plans. 11

1. Financial viability. 2. Available for purchase? 3. Watershed/market. 12

• On site was the pre 2008 final rule preference. Preserved Habitat • Surrounded by development. • Often has little or no habitat connectivity. • Habitat is subject to higher levels of environmental stressors. 13

The Parkway Wins National Arbor Day Foundation Award! Photo Credits : Liz Young http://www.traillink.com/trail-photos/folsom-parkway- 14 rail-trail.aspx

Getting it right Site selection is 80% of means: getting the restoration right! Selecting land Not just banking on your brother Rogers land! based on ecological and watershed suitability not just price and availability. 15

Market Demand Successful Bank Restoration and Conservation Potential 16

Ecology Real Estate Rights/ Land Use Title Sustainable Restoration Regulation Political 17

Historical Ecology Investigation 18

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Restoration vs. Reconciliation (Realistic Adjustment Process) 21

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Work With Nature, Let ~ Robert Fulghum, All I Really Need to Know I Learned in Kindergarten Nature Do the Work • Geomorphic Setting • Soils • Hydrology 26 — Luna Leopold

Title issues such • as mineral rights Boundary • surveys 27

• Based on sustainable restoration (80% of success!) • Not price or “Uncle Bob’s” ownership • Match market need • Geomorphicaly appropriate – Soils – Hydrology • Title Issues 28

“A thing is right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise.” ~Aldo Leopold, A Sand County Almanac 29

Prospectus

Where in the Rule? Section 332.8 (d)(2) & (3) “The Prospectus must provide a summary of the information regarding the proposed mitigation bank, at a sufficient level of detail to support informed public and IRT comment.” Section 332.8 (d)(3) “Prior to submitting a prospectus, the sponsor may elect to submit a draft prospectus to the district engineer for comment and consultation.” “This preliminary review is optional but is strongly recommended.” 31