Transcript Document
Welcome to the
Webinar
On the Draft EEP Instrument
Hosted by EEP, USACE and EPA
December 16, 2009
Background
Federal Mitigation Rule issued in April
2008
ILF Programs required to be compliant in
June 2010
IRT and EEP have been working on
development of new EEP instrument for
over a year
Hosted Liaison Council meeting in July
2009 to update interested parties on status
of EEP compliance
Purpose of Webinar
To review the draft instrument in advance
of the formal notice and public comment
period
To provide an opportunity for interested
parties to ask questions
To allow for feedback in advance of the
formal public comment process
Introductions
Webinar Hosts
EEP staff: Suzanne Klimek, Jim Stanfill, Nancy Daly and Eric
Ellis
with support from Tad Boggs, David Robinson and Kelly Williams
USACE – Todd Tugwell, Scott McLendon and Justin McCorcle
EPA – Kathy Matthews
Webinar Participants
109 individual registrations
7 states and the District of Columbia represented
Variety of groups represented
Private companies – environmental consulting firms, mitigation
banking companies, construction contractors
State agencies – NCDOT, NCWRC
Federal agencies – USACE, EPA
Non-profit environmental organizations – TNC, ELI
Meeting Protocols
Focus on the topic
Submit questions using the “chat” feature
We will answer as many as we can
We may take short breaks to capture and pass
questions to the appropriate people
We will follow-up with an email to participants that
summarizes all questions and answers - including
those we don’t get to today
Technical questions can be submitted using chat - let
us know if you are having any problems with the
meeting technology
Full screen toggle
Please take this time to
submit any questions on
how the Webinar will work
or on any of the information
offered thus far
Review of Draft - Intro and
General Provisions
Instrument replaces two existing agreements
Purpose - fashioned after language from existing
agreements
Two triggers for liability transfer
NCDOT-DENR-USACE (Tri-Party)
DENR-USACE (Two-party governing traditional ILF
operations)
Traditional ILF - upon payment from customers
NCDOT - upon permit issuance
Role of Interagency Review Team
Authorities
Review of Draft - Funding
Provisions
Describes two major sources of funding for
EEP mitigation
Traditional ILF - payments from customers
NCDOT - references agreement between
NCDOT and DENR regarding business
operations
Includes language consistent with rule
regarding how funds can be used
Please take this time to submit
any questions on General
Provisions or Funding
Provisions
Review of Draft - Operational
Provisions
Geographic Service Area
8-digit CU
Exceptions allowed with IRT approval (like
Catawba 03)
Compensation Planning Framework
Captures existing watershed planning
processes
EEP will continue to target watersheds within
8-digit CUs and develop LWPs
Review of Draft - Operational
Provisions
CPF continued
Describes how existing processes address
elements prescribed in the mitigation rule
Includes a decision tree for LWP development
Rely on existing plans when available (including
those developed by others if they meet EEP
criteria)
Invest in a new LWP when:
Substantial mitigation needs are predicted
The timing of mitigation needs allows for the
development of a detailed watershed plan
Please take this time to submit
any questions on Geographic
Service Area or Compensation
Planning Framework
Review of Draft - Operational
Provisions
Permit Decisions
USACE
Describes existing procedures
Describes what will be included in
conditions
NCDENR
Recognizes DWQ and DCM permitting
authorities
Review of Draft - Operational
Provisions
Advance Credits
Allocated allowance to accept new mitigation
requirements
Tracked and reported for total program by
river basin and broad mitigation type
Instrument includes initial allocation that can
be updated by the IRT over time
Numbers derived based on anticipated
NCDOT mitigation needs and historical ILF
data
Review of Draft - Operational Provisions
Advance Credits Calculation
Based on EEP projected mitigation needs for next 5 years
Calculated by River Basin
NCDOT:
5 Year NCDOT Forecast of Mitigation Need
MOU ILF:
Calculated Annual Average of Payments over 7 years * 5 Years
Calculations rounded up to nearest 5000 or 5 acre wetland
Minimum 4,000 stream & 5 wetland credits per year per basin
Review of Draft - Operational Provisions
Advance Credits
Cape Fear Example Calculation for Stream Mitigation
NCDOT 5 Yr Forecast
MOU ILF Avg * 5 yrs
Subtotal
101,062
64,835
165,897
Rounded to nearest 5000
Grand Total Cape Fear Basin
170,000
Review of Draft – Operational Provisions
Cape Fear - Advanced Credits, Total Project Credits, & Released Credits
Advanced Available
Advanced Credits Applied Annually
Total Project Credits
Total Released Credits
250,000
238,000
Total Project Credits
200,000
Advanced Available
170,000
Credits
150,000
100,000
Total Released Credits
50,000
66,300
Advanced Credits Applied Annually
0
Year 0
Year 1
Year 2
Year 3
Year 4
-50,000
Time
Year 5
Year 6
Year 7
Please take this time to
submit any questions on
Permit Decisions or
Advance Credits
Review of Draft - Operational
Provisions
Small Impacts
Provides mechanism for request to IRT in
situations where cumulative requirements in a
service area < 1,000 linear feet of stream or < 3
acres of wetlands
Project Delivery
Mitigation Sites
Provides for project implementation, mitigation plan
development, annual monitoring reports, preservation
project descriptions
Requires maintenance of existing Web site for sharing
project information
Review of Draft - Operational
Provisions
Project Delivery continued
Review of New Projects
Cites rule requirements
Allows the expenditure of some funds prior to
formal approval
Relies on permit process for formal approval
Timing of Project Delivery
Maintains advancement level currently in place for
NCDOT mitigation
Incorporates requirement from mitigation rule
regarding minimum time to construction
Review of Draft - Operational
Provisions
Project Delivery continued
Perpetual Protection/Real Estate Provisions
Standard protocols for long-term disposition of
mitigation properties
Financial Assurance Procedures
DENR to provide letter that will be an appendix to
document
Consistent with 33 CFR Part 332.3(n)
Review of Draft - Operational
Provisions
Project Delivery continued
Project Establishment and Operation
Credit generation
Credit release schedules
Relies on district guidance
Requires specification in mitigation plan
Specified in mitigation plan
Will mirror what is prescribed for banks
Credit release approval
Initial allocation triggered by construction and permit
authorization
Review of Draft - Operational
Provisions
Project Delivery continued
Project Establishment and Operation
continued
Mitigation Types
Streams - cool, cold, warm
Wetlands - Riparian Riverine, Riparian Nonriverine,
Nonriparian, Coastal
Monitoring
Project Closure
Maintenance
Contingency
Consistent with
Standard Protocols
Please take this time to submit
any questions on Project
Delivery section
Review of Draft - Operational
Provisions
Program Reporting Protocols
Annual Report
Financial
Permit related
Advance and released credits
Debit ledger
Relates mitigation sites to permit requirements
Compliance status report
Case-by-case requests
Review of Draft - Operational
Provisions
Program Review
By DE and IRT
Expectation that recommended course
corrections will be made
Default and Closure
Grandfathering
Miscellaneous
Review of Draft
Appendices
I.
II.
III.
Compensation Planning Framework
12 Elements of Mitigation Plans
Financial Assurances Letter of
Commitment
Please take this time to submit
any questions on Program
Reporting Protocols
Conclusion of Presentation on
Instrument Components
Please take this time to submit
any additional questions on
anything covered thus far
Next Steps
Comments received from Webinar participants through December 23, 2009 - submit to
[email protected]
Questions and answers compiled and distributed
to participants by January 15, 2010
USACE continues to solicit comments from IRT
on draft instrument - through January 2010
Public notice and comment – ~ January 2010
Instrument finalized and submitted to USACE late February 2010
Instrument revised and executed - April 2010
Thanks for your
participation and Happy
Holidays!