Ducks Unlimited And The Vermont In-Lieu-Fee Program

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Ducks Unlimitedand the VermontIn-Lieu-Fee ProgramApril MoulaertDucks Unlimited Vermont Representative

Presentation Ducks Unlimited Background Mitigation Type Overview- Mitigation bank- In-lieu-fee program- Permittee – responsible mitigation In-Lieu-Fee Program Description

DU’s MissionDucks Unlimited conserves, restores, and manages wetlands andassociated habitats for North America’s waterfowl.These habitats also benefit other wildlife and people.DU has restored andprotected 13 millionacres.

Ducks Unlimited Today World’s largest wetlandsconservation organization Over 70 years restoringand protecting wetlandhabitat Over 20 years deliveringconservation projects inNew England 1 million supporters / 600national staff

The Wetland “Regs”Clean Water Act 1972 objective: “restore and maintain the chemical,physical, and biological integrity of the nation's waters” (including wetlands)404 created a permit program regulating discharge dredged orfill materials into waters of the US1989: “no net loss policy” established the sequenceof AVOID, MINIMIZE, and then MITIGATEFor unavoidable impacts,compensatory mitigation is required2008 New COE/ EPA Rule to improve theeffectiveness of mitigation, expand publicparticipation in mitigation decision making,and increase the efficiency of the mitigationproject review process.

Compensatory Mitigation DefinitionCompensatory mitigation means the restoration,establishment, enhancement, and/or in certain circumstancespreservation of aquatic resources for the purposes ofoffsetting unavoidable adverse impacts which remain after allappropriate and practicable avoidance and minimization hasbeen achieved.

Types of Mitigation RestorationEnhancementEstablishmentPreservation

Mitigation OptionsMitigation Banks– Nationally used for 33% of projects* - watersheds/service areas– A wetlands mitigation bank is a wetland area that has beenrestored, established, enhanced or preserved, which is then setaside to compensate for future conversions of wetlands fordevelopment activities.– 33 States use wetland mitigation banks– Prior to impacts– There are no banks in Vermont* Source: USACE Institute of Water Resources, 2005

Mitigation Options Cont.In-Lieu-Fee Programs– 7 %* - watershed/service areas– Mitigation that occurs when a permittee provides funds to anin-lieu-fee sponsor (a public agency or non-profitorganization). Usually, the sponsor collects funds from multiplepermittees in order to pool the financial resources necessaryto build and maintain the mitigation site.– After impacts– Spatial and temporal loss– 20 States use ILF programs

Mitigation Options Cont.Permittee-Responsible Mitigation (PRM)– 60% - on-site or off-site– During or after impacts

2008 Corps/EPA ‘New Rule’ Hierarchy1. Mitigation bank2. In-lieu-fee program3. Permittee responsibleHierarchy guides decision-making preference but Army Corps projectmanager makes final decision based on ecological and other considerations

New Rule:12 Components for all Mitigation Types1. Objectives7. Maintenance Plan2. Site Selection8. Performance Standards3. Site Protection9. Monitoring Requirements4. Baseline Info10. Long-term Management5. Credit Determination11. Adaptive Mgt Plan6. Work Plan12. Financial Assurances

Permittee-Responsible MitigationKey issues & challenges High failure rate Site identification Long-term liability Costs

The In-Lieu-Fee Alternative Permittee purchases wetland credits from ILF sponsor(governments, NGOs, universities) Sponsor identifies project in service area and seeksInteragency Review Team (IRT) approval Sponsor develops mitigation plan for IRT approval andpublic comment Sponsor designs and implements project w/in 3 years In Vermont, DU is ILF sponsor

DU’s Mitigation Experience Portfolio of permittee-responsible projects In-lieu fee programs – Mississippi, Vermont, WesternNew York (pending) Turnkey mitigation services for all wetland types

DU’s Unique Position:Turnkey Services Phase I – Site Identification Phase II – Wetland Design and Mitigation Plan Phase III – Site Construction Phase IV – Land Protection Phase V – Monitoring and Contingency PlansMission Driven!

Site Identification DU has been findingVermont wetlandrestoration sites for pasttwo years under Cleanand Clear grant Use GIS resources Coordinate withconservation partners

Steps for Permit Holder1.Applicant confirms credit availability2.Applicant requests approval for purchase of ILF credits3.Upon approval, Applicant provides DU with all the pertinentinformation prior to a credit sale4.Applicant purchases credit and transfers funds5.DU submits credit sale letter to USACE-New England Districtwithin 30 days of receiving payment6.DU assumes responsibility for mitigation delivery

ILF Project Delivery 3 year timeline for project implementation from receipt offunds DU identifies project in service area and seeks InteragencyReview Team (IRT) approval DU secures land and develops mitigation plan for IRTapproval and public comment DU designs and implements projectAll projects subject to approval by the Corps and IRT

Ongoing ILF Sponsor Requirements Manage financing related to ILF program Obtain Corps approval for project milestones Submit an annual report to the Corps and IRT Annual report will provide program accounting, activity &program status, and lessons learned

How ILF Credits are PricedCredit pricing is based on the following factorsProject CostsProgram CostsSite IDFinancial assurancesLand costsLegal fees & taxesProject constructionEndowment FeesWetland performancemonitoringContingency funds foradaptive managementSite protectionProgram administrative feesPlan developmentUnspent funds remain in ILF program account for future projects

Benefits of ILF program Can involve larger, moreecologically valuable mitigation. Provides a better opportunity atmitigation success by having anILF sponsor, experienced incompleting wetland projects,implement the wetlandmitigation plan. Walk away for permittee.

Contact informationChristopher TheriotDucks Unlimited – Manager of Conservation Programs - Mitigation734-623-2000ctheriot@ducks.orgApril Moulaert, PWSVermont-based DU ILF representative(802) 999-4823april@waterscapesvt.comRay WhittemoreDucks Unlimited – Director, Conservation Programs(603) 487-2175rwhittemore@ducks.orgPeter Wyckoff, PE, PWSDucks Unlimited – Engineer - Mitigation734-623-2000pwyckoff@ducks.org

Ducks Unlimited Background Mitigation Type Overview - Mitigation bank - In-lieu-fee program - Permittee – responsible mitigation In-Lieu-Fee Program Description. Ducks Unlimited conserves, restores, and manages wetlan

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