Transcript Document
Mitigation Planning Association: Contact: Kurt Stephenson Dept of Ag and Applied Economics List of researchers Kurt Stephenson Leonard Shabman Virginia Tech Deartment Resources for the Future A Cooperative Approach to Stream Mitigation Requirements from Mining Activities Background The mining process can cause adverse impacts on local streams. Mining companies are required to offset those impacts by improving aquatic habitat or stream conditions elsewhere. These stream improvements are called compensatory mitigation. Concerned is sometimes expressed that regulatory conditions placed on compensatory mitigation are unnecessarily costly or do not make sufficient ecological improvements in the streams. Project Objective Identify different ways mining (primarily coal) companies could organize and work cooperatively to meet compensatory stream mitigation requirements Section 404 of the Clean Water Act in order to reduce costs to industry and improve or maintain mitigation quality Fed & State Agency Staff Local Watershed Associations Possible Benefits/Advantages NGOs • Enhanced timeliness and reduced permitting costs through 1) advanced mitigation planning; 2) economies of scale in planning; 3) enhanced coordination on site selection and access Mining Co. 1 Advisory Committee Mining Co. 2 Mitigation Planning Association Mining Co. 3 Portfolio of Watershed-based Compensatory Mitigation Plans •Limited financial commitment/obligations from companies to forming an planning association Project Output • Possible coordination benefit with other regulatory programs (SMCRA, TMDLs, etc) Mining Co. 1 Mining Co. 2 Mitigation Planning Association Mining Co. 3 Landholding Co Method This effort used a process to jointly develop and assess different mitigation association designs with industry representatives, state and federal regulatory officials, and nongovernmental organizations. This process included: 1. Gain participant buy-in 2. identify existing needs and explore options with small group of industry and agency collaborators 3. Develop mitigation association options paper based on information collected in 2. 4. Circulate report and obtain feedback, direction, comments from a diverse group of interested parties. 5. Refine and iterate steps 3 and 4. 6. Identify viable mitigation association alternative to by both industry and agencies • Mitigation project costs lowered through greater flexibility in mitigation project selection •Better match of compensatory mitigation project with identified watershed needs. Landholding Co Identify mitigation association designs with potential “value added” to industry in order to facilitate further development/implementation by industry. Of four different designs, industry and agency representatives identified the “Mitigation Planning Association” as the most viable and potentially beneficial. • Greater political support for greater compensatory stream mitigation options. Stream mitigation options might include stream habitat improvement projects but also include efforts to improve water quality (sediment stabilization, reduced nonpoint effluent discharge, etc) Fed & State Agency Staff Local Watershed Associations NGOs Advisory Committee Portfolio of Watershedbased Compensatory Mitigation Plans A mitigation association is an independent organization created exclusively to coordinate and/or provide compensatory mitigation for a group of mining companies who are members. The mitigation planning association would be responsible for producing a portfolio of acceptable watershed mitigation project plans. The compensatory stream mitigation plans in the portfolio would identify possible projects that would improve and enhance aquatic ecosystem services in watersheds impacted by mining activities. In developing a set of watershed-based mitigation plans, the mitigation planning association would need to work closely with state/fed state permitting agency staff, local watershed groups, and other NGOs. To serve the needs of the industry and improve mitigation effectiveness, the association would need feedback on watershed needs, preferences of local citizens, as well as agreement on acceptable forms of compensatory mitigation from permitting agencies. A member company would select among a set tentatively approved compensatory mitigation project plans. Once a plan is selected, the mining company (not the association) would be legally and financially responsible for completing the mitigation. The services provided by a mitigation planning association to its members include: Develop Portfolio of Mitigation Projects • Assess Permit Needs of Members • Identify mitigation areas (scope) • Assess Watershed Needs/plans; Assess mitigation opportunities • Work with agencies to identify acceptable mitigation project plans Develop Mitigation Project Plans • Project site, baseline conditions • Project design • Performance standards for project • Monitoring plans • Site protection plans • Credit determination • Post construction monitoring Challenges and Possible Drawbacks • Benefits contingent on plans being “certified” by regulatory agencies as acceptable compensatory mitigation. • Insufficient regulatory flexibility on range and type of permissible mitigation • Insufficient demand for mitigation services within the area • Limited history of cooperative ventures between companies This effort was sponsored by the Powell River Project (http://www.cses.vt.edu/PRP/)