Welcome to the Webinar

1. Welcome to the Webinar On the Draft EEP Instrument Hosted by EEP, USACE and EPA December 16, 2009

2. Background • Federal Mitigation Rule issued in April 2008 • ILF Programs required to be compliant in June 2010 • IRT and EEP have been working on development of new EEP instrument for over a year • Hosted Liaison Council meeting in July 2009 to update interested parties on status of EEP compliance

3. Purpose of Webinar • To review the draft instrument in advance of the formal notice and public comment period • To provide an opportunity for interested parties to ask questions • To allow for feedback in advance of the formal public comment process

4. Introductions • Webinar Hosts • EEP staff: Suzanne Klimek, Jim Stanfill, Nancy Daly and Eric Ellis • with support from Tad Boggs, David Robinson and Kelly Williams • USACE – Todd Tugwell, Scott McLendon and Justin McCorcle • EPA – Kathy Matthews • Webinar Participants • 109 individual registrations • 7 states and the District of Columbia represented • Variety of groups represented • Private companies – environmental consulting firms, mitigation banking companies, construction contractors • State agencies – NCDOT, NCWRC • Federal agencies – USACE, EPA • Non-profit environmental organizations – TNC, ELI

5. Meeting Protocols • Focus on the topic • Submit questions using the “chat” feature • We will answer as many as we can • We may take short breaks to capture and pass questions to the appropriate people • We will follow-up with an email to participants that summarizes all questions and answers - including those we don’t get to today • Technical questions can be submitted using chat - let us know if you are having any problems with the meeting technology • Full screen toggle

6. Please take this time to submit any questionson how the Webinar will work or on any of the information offered thus far

7. Review of Draft - Intro and General Provisions • Instrument replaces two existing agreements • NCDOT-DENR-USACE (Tri-Party) • DENR-USACE (Two-party governing traditional ILF operations) • Purpose - fashioned after language from existing agreements • Two triggers for liability transfer • Traditional ILF - upon payment from customers • NCDOT - upon permit issuance • Role of Interagency Review Team • Authorities

8. Review of Draft - Funding Provisions • Describes two major sources of funding for EEP mitigation • Traditional ILF - payments from customers • NCDOT - references agreement between NCDOT and DENR regarding business operations • Includes language consistent with rule regarding how funds can be used

9. Please take this time to submit any questions on General Provisions or Funding Provisions

10. Review of Draft - Operational Provisions • Geographic Service Area • 8-digit CU • Exceptions allowed with IRT approval (like Catawba 03) • Compensation Planning Framework • Captures existing watershed planning processes • EEP will continue to target watersheds within 8-digit CUs and develop LWPs

11. Review of Draft - Operational Provisions • CPF continued • Describes how existing processes address elements prescribed in the mitigation rule • Includes a decision tree for LWP development • Rely on existing plans when available (including those developed by others if they meet EEP criteria) • Invest in a new LWP when: • Substantial mitigation needs are predicted • The timing of mitigation needs allows for the development of a detailed watershed plan

12. Please take this time to submit any questions on Geographic Service Area or Compensation Planning Framework

13. Review of Draft - Operational Provisions • Permit Decisions • USACE • Describes existing procedures • Describes what will be included in conditions • NCDENR • Recognizes DWQ and DCM permitting authorities

14. Review of Draft - Operational Provisions • Advance Credits • Allocated allowance to accept new mitigation requirements • Tracked and reported for total program by river basin and broad mitigation type • Instrument includes initial allocation that can be updated by the IRT over time • Numbers derived based on anticipated NCDOT mitigation needs and historical ILF data

15. Review of Draft - Operational Provisions • Advance Credits Calculation • Based on EEP projected mitigation needs for next 5 years • Calculated by River Basin • NCDOT: • 5 Year NCDOT Forecast of Mitigation Need • MOU ILF: • Calculated Annual Average of Payments over 7 years * 5 Years • Calculations rounded up to nearest 5000 or 5 acre wetland • Minimum 4,000 stream & 5 wetland credits per year per basin

16. Review of Draft - Operational Provisions • Advance Credits • Cape Fear Example Calculation for Stream Mitigation NCDOT 5 Yr Forecast 101,062 MOU ILF Avg * 5 yrs 64,835 Subtotal 165,897 Rounded to nearest 5000 Grand Total Cape Fear Basin 170,000

17. Review of Draft – Operational Provisions Cape Fear - Advanced Credits, Total Project Credits, & Released Credits Advanced Available Advanced Credits Applied Annually Total Project Credits Total Released Credits 250,000 238,000 Total Project Credits 200,000 Advanced Available 170,000 150,000 Credits 100,000 Total Released Credits 66,300 50,000 Advanced Credits Applied Annually 0 Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 -50,000 Time

18. Please take this time to submit any questions on Permit Decisions or Advance Credits

19. Review of Draft - Operational Provisions • Small Impacts • Provides mechanism for request to IRT in situations where cumulative requirements in a service area < 1,000 linear feet of stream or < 3 acres of wetlands • Project Delivery • Mitigation Sites • Provides for project implementation, mitigation plan development, annual monitoring reports, preservation project descriptions • Requires maintenance of existing Web site for sharing project information

20. Review of Draft - Operational Provisions • Project Delivery continued • Review of New Projects • Cites rule requirements • Allows the expenditure of some funds prior to formal approval • Relies on permit process for formal approval • Timing of Project Delivery • Maintains advancement level currently in place for NCDOT mitigation • Incorporates requirement from mitigation rule regarding minimum time to construction

21. Review of Draft - Operational Provisions • Project Delivery continued • Perpetual Protection/Real Estate Provisions • Standard protocols for long-term disposition of mitigation properties • Financial Assurance Procedures • DENR to provide letter that will be an appendix to document • Consistent with 33 CFR Part 332.3(n)

22. Review of Draft - Operational Provisions • Project Delivery continued • Project Establishment and Operation • Credit generation • Relies on district guidance • Requires specification in mitigation plan • Credit release schedules • Specified in mitigation plan • Will mirror what is prescribed for banks • Credit release approval • Initial allocation triggered by construction and permit authorization

23. Review of Draft - Operational Provisions • Project Delivery continued • Project Establishment and Operation continued • Mitigation Types • Streams - cool, cold, warm • Wetlands - Riparian Riverine, Riparian Nonriverine, Nonriparian, Coastal • Monitoring • Project Closure • Maintenance • Contingency Consistent with Standard Protocols

24. Please take this time to submit any questions on Project Delivery section

25. Review of Draft - Operational Provisions • Program Reporting Protocols • Annual Report • Financial • Permit related • Advance and released credits • Debit ledger • Relates mitigation sites to permit requirements • Compliance status report • Case-by-case requests

26. Review of Draft - Operational Provisions • Program Review • By DE and IRT • Expectation that recommended course corrections will be made • Default and Closure • Grandfathering • Miscellaneous

27. Review of Draft • Appendices • Compensation Planning Framework • 12 Elements of Mitigation Plans • Financial Assurances Letter of Commitment

28. Please take this time to submit any questions on Program Reporting Protocols

29. Conclusion of Presentation on Instrument Components Please take this time to submit any additional questions on anything covered thus far

30. Next Steps • Comments received from Webinar participants - through December 23, 2009 - submit to Suzanne.Klimek@ncdenr.gov • Questions and answers compiled and distributed to participants by January 15, 2010 • USACE continues to solicit comments from IRT on draft instrument - through January 2010 • Public notice and comment – ~ January 2010 • Instrument finalized and submitted to USACE - late February 2010 • Instrument revised and executed - April 2010

31. Thanks for your participation and Happy Holidays!