Transcript Slide 1

8th National
MITIGATION & CONSERVATION
BANKING CONFERENCE
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* Environmental Banking &
Beyond *
April 18–21, 2005
The Westin Charlotte
Charlotte, North Carolina
U.S. Army Corps
of Engineers
Wilmington District
Why EEP
National efforts to
• improve mitigation process and quality
• streamline project development
A Case for Change – National Level
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Section 1309 (TEA-21)
1999
National Interagency Streamlining Workshop
2000
Planning/NEPA Linkage Peer-to Peer Exchange
2001
COE Executive Summary
2001
National Academy of Sciences Report
2001
• USACE Regulatory Guidance Letter
• EPA/FHWA Environmental Streamlining and
2002
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2002
Stewardship Workshop
Executive Order 13274
2002
A Case for Change – North Carolina
• Infrastructure needs
– 78,000 highway system
– Major economic growth
• Project delays
– NEPA
– Section 404 b(1)
– 40% of delays mitigation related
Executive decisions
• Fix the processes
• Agreements for joint process
improvements for transportation and
protection of the environment
Actions taken
Initial step defining the problem
2001
• Facilitated sessions
• Sponsor endorsement
• Multi-agency
NCDOT
NCMF
NCDCM
USACE
NCDWQ
EPA
Mitigation Redesign
NCWRC
USFWS
The framework
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Avoidance and minimization tests
No net loss
Address temporal loss
Watershed context
Functional replacement
Scientific basis
Programmatic solutions
Accountability
Compatibility with principles of banking
Authority
3-Party MOA
2-Party MOA
DOT/DENR/USACE
July 2003
DOT/DENR
April 2004
Regulatory Document
Business Document
MOA Key Provisions (3 Party)
All parties
 Authority to operate programmatically
 Commitment to CWA regulations
 Confirms importance of watershed
planning context
MOA Key Provisions (3 Party)
NCDOT
 NCDOT provision of annual impact
forecasts
 NCDOT provides advance funding to
address temporal loss
 Transfer management of off site
mitigation to DENR
MOA Key Provisions (3 Party)
EEP
 Provide mitigation according to timing request
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of DOT
Secure staff, develop organization, and
transition takeover of all off-site mitigation
Conduct watershed plans
Address perpetual management
Report progress
Perpetuity requirements
MOA Key Provisions (3 Party)
USACE
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Permit decisions for impacting projects
Schedule oversight
Annual review
PACG Chair
Program Launch
The Memorandum of Agreement (MOA)
was signed on July 22, 2003
Operations
6%
Restoration
35%
EEP
Biennial Budget
$189 Million
28%
28%
Operations
Preservation 1
Preservation 2
Planning
Restoration
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Preservation
3%
Proj. Development/Planning
After Transition, this investment
is recycled for future TIP projects
Both
needed
during
Transition
Business Model
• Predict impacts by type and year
• Program mitigation based on MOA timing
• Contract through suppliers
Design-bid-build
Summary of WRP, DOT and EEP Projects
• Total projects=
379
• Stream projects=
215
– 780,000 linear feet of restoration
• Riparian wetland projects =
80
– 2,240 acres of restoration
• Non-riparian wetlands projects=
45
– 6,380 acres of restoration
• Miscellaneous projects=
– Cstl. marsh, buffers, nutrient offset
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Full-Delivery Activities
(locate, secure, design, build, monitor)
Awards in September 2004
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143,000 ft. stream
318 acres of riverine wetland
307 acres on non-riverine wetland
75 acres of buffer
Total contract value $ 39,644,356
7 management firms
Full-Delivery Activities
October 2004 posting
21 Watersheds
Totaling
450,000 feet stream
900 acres wetlands
1300 acres buffers
Value
$100 million
Impacts for 3+ years out based on supplied
impact data
Full Delivery Process
1. RFP for mitigation in watersheds based on
projected need.
2. FD Providers find and submit technical and cost
proposals
3. EEP evaluates technical proposals- field reviews
4. Cost proposals for technically qualified submittals
are opened
5. EEP does value analysis (cost and technical
merit)
Full Delivery Process
6. Selected FDP is contracted according to cost
proposal
7. Selected FDP is paid during task as per contract
and RFP
• Once land is acquired, EEP may allocate credits
for use in meeting compensatory need
• In the event of project failure, contract is
terminated. Payment for only work accomplished
High Quality Preservation
• Preservation
applied during
transition period
based on
ecoregions
• Further details
this afternoon
Moving to the future
U.S. Army Corps
of Engineers
Wilmington District
Program Masterplan
Yesterday
Project by project mitigation
Replacement of impacts on
acre or feet basis
Reactive mitigation
Not always cost effective
Delayed lettings due to
uncertainties
Today
Program-focused
Tomorrow
Program-focused
Still on acre or feet basis
exploring functional
replacement
Replacement based on
functional losses
Making advancement
progress
Proactive mitigation years in
advance of impacts
Making transition
Mostly successful
Most cost effective
No delays due to
program-focused mitigation
Challenges
• Production capacity of the industry
• Adjusting to change (funding and impacts)
• Finding new mitigation alternatives
• Continuing the partnership as staff transition
• Maintaining cost effectiveness
Closing Comments
• We rely on the private sector
• Open to new ideas
• Appreciation to all who have helped the program
advance
• Particular accolades to NCDOT/USACE
Our sponsors and partners:
NCDOT
USACE
FHWA
NC DENR
NC WRC USFWS
CTE USEPA
CTNC
NC HTF
NOAA
ACECNC
Mitigation Providers
Private Donors
Landowners
Local WS Planning Teams
U.S. Army Corps
of Engineers
Wilmington District
Thank you
William D. Gilmore, PE
[email protected]
Web: www.nceep.net