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Introduction to Mitigation Banking and Functional
Assessment in CO/WY and other Regions
Greg Jennings, PhD, PE
Stantec Consulting
David Bidelspach, PE
Stantec Consulting
Darrell Westmoreland
North State Environmental Inc.
Tara Disy Allden
Restoration Systems LLC
2013 Annual Meeting of the
Colorado-Wyoming Chapter of the
American Fisheries Society
February 25-27, 2013
Activities that initiate or accelerate the recovery of
ecosystem health, integrity, and sustainability (SER, 2004)
Goals:
• Habitats & water quality
• Natural flow regimes
• Recreation & aesthetics
• Infrastructure protection
• Public education & engagement
Ecosystem Restoration
Stream Restoration
• Channel reconfiguration
• Bedform enhancement
• Floodplain connection
• Log & rock structures
• Toe wood revetments
• Native riparian vegetation
• Floodplain wetlands & oxbows
• Cattle exclusion
• Stormwater treatment
• Dam removal
• Flow augmentation
Compensatory Mitigation – a driver of restoration
Mitigation: regulatory mandate to offset permitted
impacts, funded by permittee
2008 Federal Compensatory Mitigation Rule:
framework that requires in-kind, watershed-
based, functional mitigation
Permittee must avoid . . . minimize . . . & then mitigate
Credits determined by Corps Districts & States
Risks: Environmental, Regulatory, Financial
• Physical Stream Assessment
Protocols 2004
• Natural Channel Design
Review Checklist 2008 and
updates
• Stream Assessment and
Mitigation Protocols 2010
• A Function-Based
Framework for Stream
Assessment & Restoration
Projects 2012
6
Federal Guidance(courtesy of Brian Topping, USEPA)
Mitigation Banking Process
1. Prospectus
2. Draft MBI & Mitigation Plan
3. Final MBI & Mitigation Plan
4. Conservation Easement
5. Financial Assurances
6. 1st Credit Release
7. Implementation
8. Monitoring for 5 to 7 years
9. Credits released with success
10.Closeout
11.Perpetuity
Financial Assurance
Federal Rule, Section 332.3(n): “The district engineer shall require sufficient financial assurances to ensure a high level of confidence that the compensatory mitigation project will be successfully completed, in accordance with applicable performance standards.”
Risk Minimization:1. Project Selection
2. Quality Design & Implementation
3. Monitoring & Maintenance
1. Project Selection: Include design/build team
• Large site with cooperative landowners
• Strong need for restoration
• Constraints are manageable
• Engineers & Ecologists agree on cost-effective plan
• Agreeable to IRT Agencies
• Service Area with high credit value (demand)
1. Project Selection: Questions to Ask
• Causes and sources of problems?
• Upstream & downstream implications (e.g. flooding)?
• Watershed factors (e.g. stormwater, wastewater, sediment)?
• Landowner relationships (including neighbors, family)?
• Viability of restoration & maintenance efforts?
• Vegetation issues (e.g. invasive plants)?
• Constraints (e.g. bridges, culverts, utilities)?
2. Quality Design & Implementation
• Design/build team with experience working together on
similar projects
• Thorough review of engineering & ecology plans
• Communications with owners & permitters
• Flexibility throughout implementation
• Long-term commitment to monitor, maintain, repair as needed
2. Quality Design & Implementation
• Flows sufficient to meet goals
• Watershed & site condition assessment
• Hydrologic & hydraulic analysis
• Floodplain connection
• Structures compatible with goals
• Vegetation & habitats sustainable
• Risk assessment and minimization
3. Monitoring & Maintenance
• Experienced assessment team on the ground
• Regular visits, especially following floods
• Communications with design/build team & IRT
• Responsive maintenance & repair to avoid big problems
• Functional assessment to meet IRT needs
Functional Assessment
Is the project trending toward achieving specific objectives?
– Hydrologic
– Ecological
– Watershed-scale
– Human & ecosystem services
Functional Assessment: 85 NC Projects
• Most projects achieving some functional uplift
• Many projects lacked well-defined objectives
• Newer projects better designed & constructed
• External factors important (stormwater, sediment, wastewater)
Successful Mitigation Banking
• Teamwork & communication
• Quality projects with public support
• Clear goals, objectives, outcomes
• Sharing of lessons learned (technical & policies)
• Innovation: processes, technologies, management