Transcript Slide 1

Update on EEP Transition to
Federal Mitigation Rule
Safety and Emerging Issues Committee
of the
Board of Transportation
September 2, 2009
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Presentation Overview
•Background
•Application of Federal Rule to EEP
•Timeline and Next Steps
Ecosystem Enhancement Program
Is a DENR Program that:
Improves the environment
--by restoring wetlands, streams and buffers
--where the need is greatest
-- with willing landowners
Supports the NCDOT and other developers
-- with mitigation to meet permit needs
In a timely, cost effective and efficient manner
EEP Overview
•Non-regulatory, receipt-based – no
appropriations
•State/federal oversight – strict compliance
standards
•State and national recognition for innovation and
environmental excellence
History
Four funds:
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4.
DOT (Wetlands and Streams)
General Public (Wetlands and Streams)
Buffer mitigation (Tar/Pam, Neuse)
Nutrient Offset (Tar-Pam and Neuse)
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History
--Launched
WRP in 1997 for local
government and general public
-- Assisted NCDOT in early 2000’s
--Retooled in 2003 as Ecosystem
Enhancement Program
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WRP redesigned as EEP to assist NCDOT
In the late 1990’s and early 2000’s project delays were
severe for the NCDOT
--NEPA, redesign, mitigation (40%)
As a result
--DOT, DENR and USACE formed a
partnership
Total Improvement Process
an interagency partnership
Merger 01 Workshop
NCDOT
NCDCM
NCDWQ
NCWRC
NCMF
USACE
USEPA
USFWS
Mitigation Workshop
Authority- “instruments”
3-Party MOA
2-Party MOA
DOT/DENR/USACE
July 2003
DOT/DENR
April 2004
Regulatory Document
WWW.NCEEP.NET
Business Document
2006- 2008 Rulemaking
Changes requirements for
how mitigation is
accomplished for banks,
in-lieu programs and
permittee provided
mitigation.
Application in General
• Federal Rule: Compensatory Mitigation for
Losses of Aquatic Resources
• Jointly promulgated by EPA, USACE
• Draft rule proposed March 2006
– ~ 12,000 comments received
• State response from Governor Easley
– Signed by NCDOT, NCDOC and NCDENR
Application
• Final rule published in April 2008
• Establishes flexible preference hierarchy
for mitigation options
• Embraces advanced mitigation and
watershed planning
• EEP must be compliant with new rule on
June 9, 2010
Application to EEP
• The new rule requires that all in-lieu fee
programs develop new “instruments”
(MOA)
• DOT, DENR and USACE are working on a
new instrument with a plan to have it in
place by June of next year.
Application of Rule to EEP
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Compensation Planning Framework
“Advance” credits
Credit Release Schedules
Hierarchy
Interagency review of new projects
Transition from Current Agreements to
Instrument Framework
• New Instrument will replace both agreements
covering EEP mitigation for streams and wetlands
(including MOA)
• Existing instrument is available at
WWW.NCEEP.NET
• Intent is retain key provisions of MOA
Timeline and Next Steps
• Developing draft instrument draft with
agencies and DOT
• Conduct broad review of draft instrument in
late October/Early November (Webinar)
• Initiate formal review process with USACE in
late November (includes public notice and
comment)
• Finalize and sign in April 2010
Closing comments on instrument
• Rules will not affect costs of EEP delivery of
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mitigation for NCDOT.
Will affect accounting (credits)
Will affect reporting
Will support comprehensive planning
Will recognize the importance of the tri-party
relationship for advancing mitigation.
Questions
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William D. Gilmore, PE
[email protected]