The original word document of this deliverable report was converted to a pdf and can be downloaded here: Deliverable 1: Wetland Mitigation Report (Adobe pdf – 94 kb)
1.0 Wetland Mitigation
Compensatory mitigation for unavoidable wetland impacts may be accomplished through three distinct mechanisms:
1.1
Permittee-Responsible Mitigation: Restoration, establishment, enhancement or preservation of wetlands undertaken by a permittee in order to compensate for wetland impacts resulting from a specific project. The permittee performs the mitigation after the permit is issued and is ultimately responsible for implementation, monitoring and success of the mitigation. Permittee-responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed/hydrologic unit.
1.2
In-Lieu Fee Mitigation: Mitigation that occurs when a permittee provides funds to an in-lieu-fee sponsor (a public agency or non-profit organization). Usually, the sponsor or government agency collects funds from multiple permittees in order to pool the financial resources necessary to build and maintain the mitigation site. The in-lieu fee sponsor is responsible for the success of the mitigation. Like banking, in-lieu fee mitigation is also “off-site,” but unlike mitigation banking, it typically occurs after the permitted impacts. In-Lieu fee mitigation is only available if the impacts occur within the Coastal Zone Boundary of the State.
1.3
Mitigation Banking: A wetlands mitigation bank is a wetland area that has been restored/re-established, enhanced or preserved, which is then set aside to compensate for future loss of wetlands for development activities. Permittees, upon approval of regulatory agencies, can purchase credits from a mitigation bank to meet their requirements for compensatory mitigation. The value of these “credits” is determined by quantifying the wetland functions or acres restored, created, enhanced or preserved. The bank sponsor is ultimately responsible for the success of the project. Mitigation banking is performed “off-site,” meaning it is at a location not on or immediately adjacent to the site of impacts, but within the same watershed or secondary watershed. Federal regulations establish a flexible preference for using credits from a mitigation bank over the other compensation mechanisms.
1.3.1
Mitigation Bank Components
The mitigation bank is the area that has been restored-not a bank as we know it- and has four distinct components:
1. The bank site: the physical acreage restored, established, enhanced, or preserved.
2. The bank instrument: the formal agreement between the bank owners and regulators establishing liability, performance standards, management and monitoring requirements, and the terms of bank credit approval.
3. The Interagency Review Team (IRT): the interagency team that provides regulatory review, approval, and oversight of the bank.
4. The service area: the geographic area in which permitted impacts can be compensated for at a given bank.
2.0
Wetland Bank Proposal and Interagency Review Team (IRT)
Before a bank can be permitted and approved for wetland credit sales, a wetland bank proposal is submitted to the U.S. Army Corps of Engineers, chair of the Interagency Review Team (IRT). The IRT is formed from federal and state government regulatory agencies that must approve plans for building the bank, from the hydrological and planting design to maintenance and monitoring arrangements. The role of the IRT is to work with applicants to develop a mitigation banking instrument. The mitigation banking instrument outlines the terms and conditions of bank approval or certification.
The IRT also approves the number of mitigation credits associated with the restoration, enhancement and preservation of the wetlands. Some IRT members also oversee the establishment, use, and operation of the bank.
Standing members of the IRT in Louisiana include staff from the US Army Corps of Engineers, and US Environmental Protection Agency. Invited members include staff from local governments, the LA Department of Wildlife and Fisheries, LA Department of Natural Resources Coastal Management Division, US Fish and Wildlife Service, and NOAA Fisheries, and the Natural Resources Conservation Service.
2.1
Creation of the IRT
Here are the steps associated with the development of a mitigation bank.
1. wetland. This information is needed when the Interagency Review Team (IRT) reviews the prospectus (restoration proposal). Instructions on how to request a wetland determination can be found on the following website:
http://www.mvn.usace.army.mil/ops/regulatory/reg_wetland_request_deter.asp.
2. The permittee will need to develop a proposal or prospectus for their proposed project. A checklist identifying the information needed for a complete Prospectus is in the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) on the Bank Establishment page for the New Orleans District. RIBITS is located at the following URL: https://rsgis.crrel.usace.army.mil/ribits/f?p=107 Choose the New Orleans District in the lower left-hand side of the screen and then choose the “Bank Establishment” tab in the Navigation section located in the upper left-hand side of the screen. If you need assistance using RIBITS, there is a User’s Guide located on the Help tab in this same section. (Note: The permittee will also find the timeline for the Bank approval process in this section).
3. The permittee can request a preliminary review of a Draft prospectus by the Interagency Review Team (IRT). This is highly recommended since this provides an avenue for the IRT to review the proposed restoration plan and identify any potential issues early in the process so that can address those issues prior to starting the formal review process.
4. The permittee will also need a permit for the proposed work. It is highly recommended that you submit a permit application of the proposed work with the prospectus so that only one public notice is needed for this project. If these are submitted separately, this could extend the review time-frame. If your project is located outside of the coastal zone, you should go to the following website for the online permit application:
http://www.mvn.usace.army.mil/ops/regulatory/index.asp
If your project is located inside of the coastal zone, you should go to the following website for the joint Louisiana Department of Natural Resources (LDNR)/Corps permit application:
http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=93&pnid=189&nid=191
5. The prospectus and permit application will be placed on public notice. Following the end of the public notice comment period, the Corps will submit an initial evaluation letter which provides a determination on whether you should develop a mitigation banking instrument for the project. There are templates in RIBITS on the Bank Establishment page identified in item #2, for the mitigation banking instrument and the mitigation work plan. It is strongly recommended that the permittee look these over. They contain information on what would be required of the mitigation bank.
6. Please note that the permittee should submit your prospectus to Mr. Brian Breaux, via email address Brian.W.Breaux@usace.army.mil
7. The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) developed a timeline for Mitigation Bank or ILF Instrument Approval based on the compensatory mitigation rule. This timeline is found at the following URL:
http://water.epa.gov/lawsregs/guidance/wetlands/upload/IRT_Timeline_v5.pdf (it can also be found on the RIBITS website.
This timeline is a tool that the Corps uses as a basis for time-frames. Each project manager is held accountable to maintain these time-frames; however, please note that this approximately 225 day time-line is based on processing time required for federal review of the project only. It does not take into consideration the amount of time taken for the Corps project manager to receive revised documents from the applicant. In addition, these time-frames could be extended due to work load.
3.0
Glossary of terms
Coastal Zone: A coastal zone is the interface between the land and water. These zones are important because a majority of the world’s population inhabit such zones.
Mitigation: Mitigation is the effort to reduce loss of habitat type by lessening the impact of an event.
Permittee: Individual or group applying for permission to compensate for wetland impacts resulting from a specific event.
Marais des Cannes 