MITIGATION BANKING AT THE LOCAL LEVEL

1. MITIGATION BANKING AT THE LOCAL LEVEL TARA FISHER tfisher@cityofchesapeake.net Environmental Specialist I Public Works Division City of Chesapeake, VA June 21, 2012

2. PRESENTATION GOALS • Types of wetlands (tidal vs. non-tidal; forested, scrub-shrub, emergent) • Examples of city projects that may result in a wetland mitigation requirement • City of Chesapeake’s process for the purchase of wetland credits • Comparison of time and money between creation vs. credit purchase • Ecosystem and “public approval” benefits to credit purchase

3. WHERE AM I? CITY OF CHESAPEAKE

4. TYPES OF WETLAND IMPACTS • TIDAL WETLANDS: • Impacts in wetland areas that are tidally influenced • Shoreline projects, bridge replacements, pipe replacements, outfall/drainage improvements • Must compensate for ALL tidal impacts • 1:1 minimum compensation ratio Bells Mill Bridge, Chesapeake, VA

5. TYPES OF WETLAND IMPACTS (cont.): • TIDAL (cont.): • More opportunity for on or off-site creation in tidal areas (easier to match elevations, hydrology, etc.) • Only one mitigation bank from which the City of Chesapeake can purchase tidal wetland credits so competing price quotes not applicable • Libertyville Bank charges $15/square foot of tidal wetland impact (100 sf of tidal wetland impact = $1500)

6. TYPES OF WETLAND IMPACTS (cont.): • NON-TIDAL: • Wetland areas that are not tidally influenced • Impacts due to drainage and roadway improvements, primarily • Compensation ratios vary based on the type of wetland impacted (forested, scrub-shrub, emergent) • Multiple commercial mitigation banks that service the City of Chesapeake (for non-tidal impacts) • Costs range from $15,000/credit-acre to $38,000/credit-acre non-tidal forested wetland = 2:1 ratio

7. FLOW CHART FOR PURCHASING CREDITS START HERE: TIDAL WETLAND IMPACTS Obtain permit(s) which sets forth wetland mitigation requirement NON-TIDAL WETLAND IMPACTS Obtain price quote from Libertyville Bank Obtain 3 price quotes from banks servicing the project HUC Send check to bank and request proof of purchase Request check from accounting Choose lowest bidder & request check from accounting Provide proof to permittees and you’re DONE!

8. On/Off-site creation: • Site selection = TIME • Property acquisition = TIME & MONEY • Approval of site by Corps = TIME • Mitigation site plan, planting plan, water budget = TIME & MONEY • Construction of wetland (earth work, planting, etc.) = TIME & MONEY • Monitoring for success = TIME & MONEY • Conservation easement/deed restriction = TIME&implications for future infrastructure improvements (City planning implications) • Credit purchase from mitigation bank: • Obtain credit availability letter(s) and price quote(s) and choose mitigation bank (lowest bidder that services project HUC) = MINIMAL TIME • Request check from accounting = MINIMAL TIME (1 WEEK MAXIMUM) • Send check to mitigation bank • Obtain proof of credit purchase from mitigation bank • DONE! TIME AND MONEY • ON/OFF-SITE WETLAND CREATION: • Site selection = TIME • Approval of site by Corps = TIME • Property acquisition = TIME & MONEY • Mitigation site plan, planting plan, water budget = TIME & MONEY • Construction of wetland (earth work, planting, etc.) = TIME & MONEY • Monitoring for success = TIME & MONEY • Conservation easement/deed restriction = TIME&implications for future infrastructure improvements (City planning implications) • Potential for enforcement action by regulators if site is not successful = TIME & MONEY Elizabeth River Landing Living Shoreline

9. TIME AND MONEY (cont.): • CREDIT PURCHASE FROM MITIGATION BANK: • Obtain credit availability letter(s) and price quote(s) and choose mitigation bank (lowest bidder that services project HUC) = MINIMAL TIME • Request check from accounting = MINIMAL TIME (1 WEEK MAXIMUM) • Send check to mitigation bank = MONEY • Obtain proof of credit purchase from mitigation bank and provide proof of purchase to permitting agencies • DONE!! Dover Farms Mitigation Bank

10. ECOSYSTEM & CITIZEN BENEFITS • Mitigation banks are typically situated in “rural” areas, adjacent to existing swamps or other wetland areas • Larger, more contiguous tracts of protected wetlands allow for more potential habitat and migration corridors for Federally or State threatened & endangered (T&E) species • Smaller pockets of created wetlands in more urban areas are not always successful and not always well received by citizens

11. CONTACT INFORMATION: • MY CONTACT INFO: • Email: tfisher@cityofchesapeake.net • Phone: (757) 382-6206 • CORPS CONTACT: • Steve Martin – steven.m.martin@usace.army.mil • HELPFUL LINKS: • Regulatory In-lieu fee & Bank Information Tracking System http://ribits.usace.army.mil • http://water.epa.gov/lawsregs/guidance/wetlands/mitigate.cfm#5