Types and Considerations

Christy Everett, Tanana Watershed Umbrella Mitigation Bank

Calli Donn, Pioneer Reserve Umbrella Mitigation Bank

What is Compensatory

Mitigation?

Compensatory Mitigation refers to the

regulatory requirement to compensate

for permitted impacts after avoiding and

minimizing those impacts to the

maximum extent practicable

Demonstration of Avoidance and Minimization

Development and Approval of

Mitigation Plan

Receipt of Final Permit

Types of Compensatory

Mitigation:

By Final Rule Hierarchy:

Mitigation Bank Credits

In-Lieu Fee Credits

Permittee Responsible Mitigation Projects

Preference is “soft”: depends on

circumstances

Mitigation Bank Credits

Mitigation Banks have sites with approved credits and known locations and service areas.

credit price is negotiable between bank and permittee, Corps isn’t involved in pricing.

In-Lieu-Fee (ILF) Programs

ILFs sell advance credits to purchase sites in future

one ILF available statewide: used to be only option

temporal lag in credits may lead to Corps requiring more credits per impact

credit price is set in public record

service areas are very large: site may be far from impacts.

permittee may never know (or be able to tell stakeholders) what site was purchased

with credits.

Permittee-Responsible

Mitigation

PRMs are developed by the permittee

can be tailored to operation and equipment

available

preferred by Corps in certain situations.

RIBITS: A Source of Information

about Mitigation Options

(ribits.usace.army.mil)

Information Available on RIBITS

Assessment Tools (to determine credits)

Policies/Definitions

Various Reports

Credit Classifications

Available Credits and

In-lieu Fee Programs

Search using latitude and longitude

Credits are the currency of mitigation: a measure of the value of an aquatic resource.

The Corps of Engineers will determine how many credits you “owe” in compensatory mitigation based on the amount and type of aquatic resources you plan to disturb.

You determine how to supply these credits.

One or more sites that have been

approved by the Corps and an

Interagency Review Team

Umbrella Mitigation Banks have more

than one site, and can add more

Provide a specific number and type of

credits of compensatory mitigation

In return for a fee a permittee transfers all the responsibility for compensatory mitigation to the Bank.

Credits can be used within the service area that is predetermined for the bank (current draft guidance uses the sub-basin watershed as primary and basin as secondary)

Credits should be either the same general type or important in the watershed.

The project is permit specific, permitteeprovides the necessary offset for the permit that it applies to.

Permittee designs mitigation plan

(12 components).

Permittee plans and implements the

mitigation plan.

Permittee retains liability for the maintenance and monitoring of the project.

Current mitigation bank service area

coverage in the state of Alaska

Credits can be produced from work on patented claims that is done beyond the scope of what the permittee is required to do.

An instrument would be needed to manage

extra credits

Credits could be traded within mining community

Credits are necessary for projects that do not have patented claims or fee simple land that is appropriate for credits or PRM projects.

PRM projects can be used for projects that

have only enough patented or fee simple

appropriate lands to offset their project, or

that are very remote and would not have

service area coverage for any other

expected projects.

Determine if compensatory mitigation

is necessary for your project

Discuss project plans with a Corps of

Engineers

project manager

Maximize avoidance and minimization

Determine which type best suits the

type and economics of your project

Is there a permittee-responsible

(PRM) project that is feasible?

If so, could additional credits be created

for sale/trade? This would change it to a

potential mitigation bank site.

How Claim Types Affect

Mitigation Options

State or Non-patented Claims

Patented Claims

No fee-simple ownership- state and/or federal regulations apply.

Fee simple ownership- full control of land.

Cannot provide protection in perpetuity without state or federal land manager approval.

Can provide protection in perpetuity, as required by Corps regulations.

MAY be possible to provide mitigation through a permitteeresponsible mitigation project, but credits cannot be created for other projects. Would have to agree to provide mitigation elsewhere if ever re-mined or otherwise disturbed.

Restoration that provides any improvement to aquatic resourcesbeyond what is required by other regulations can be used to offset impacts, and additional credits could be created for other projects as a bank site.

Potential PRM Projects

“Legacy” tailings piles or roads

Photo credit: USACE

Photo credit: USACE

Potential PRM Projects?

Potential to create or

enhance wetlands,

floodplain or off-channel

habitat

Photo credit: R. Burich

Photo credit: J. O’Brien

Photo credit: J. Howe

Take-away Points

Use planning to save money!

The 2008 Rule changes the landscape

Delineations of WOTUS are necessary

Ask questions early and often

Plan for a timeframe of 6 months to several years depending on complexity

Plan to avoid and minimize

Talk to the Corps, use every resource available to choose the best plan

Look to sell, barter or trade to compensate efficiently

Measure twice, cut once

Questions?