What s Required for Permittee- Responsible Wetlands Mitigation? Steps and permittee perspective

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Bryan Collins
6 years ago
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1 Diane Heinze

2 What s Required for Permittee- Responsible Wetlands Mitigation? Steps and permittee perspective FIND site How many acres? DESIGN mitigation Create or enhance wetlands MONITOR site For what and how long? What s the risk of not being successful? RECORD CONSERVATION EASEMENT TRANSFER site - Who will accept and under what conditions? Mitigation Banking 11/26/12

3 Justin Semion

4 Justin Semion, Aquatic Ecologist Mitigation Banking: Application to Subtidal Habitats

5 Mitigation Banking: Eelgrass Case Study San Francisco Bay Projects Reporting Eelgrass Impacts in the Last 5 Years: 4 Estimated Net Present Value of Eelgrass Mitigation Bank: -$104,570 Assumes 10-year time horizon, 15% return and one eelgrass mitigation project per year Justin Semion, Aquatic Ecologist semion@wra-ca.com

6 Alternatives to Mitigation Banking for Subtidal Habitats Justin Semion, Aquatic Ecologist

7 Bryan Matsumoto

8 LTMS & Environmental Mitigation Banking Bryan Matsumoto Regulatory Project Manager Phone: November 2012 US Army Corps of Engineers BUILDING STRONG San Francisco District U.S. Army Corps of Engineers BUILDING STRONG As of 16-APR-12 BUILDING 8 STRONG FROM NEW MEXICO ALL THE WAY TO THE PACIFIC!

9 Regulatory Authority Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 403) Section 404 of the Clean Water Act (33 U.S.C. Section 1344) Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) Associated Laws that affect Permitting National Environmental Policy Act Coastal Zone Management Act Fish and Wildlife Coordination Act Endangered Species Act National Historic Preservation Act Marine Mammal Protection Act U.S. Army Corps of Engineers As of 16-APR-12 9 BUILDING STRONG

10 Avoid, Minimize, Mitigate Permit Types Standard Permits Individual Permits (IP) (120 days) Letter of Permission (LOP) (60 days) General Permits Nationwide Permits (NWP) (60 days) Regional General Permits (RGP) (60 days) Potential Delays Work load Missing application information CZM/WQC ESA Section 7 Consultation NHPA Coordination U.S. Army Corps of Engineers As of 16-APR BUILDING STRONG

Mitigation 2008 Mitigation Rule Updated/established standards and criteria for compensatory mitigation Recommended hierarchy Required information Timelines

11 Mitigation 2008 Mitigation Rule Updated/established standards and criteria for compensatory mitigation Recommended hierarchy Required information Timelines 2011 Uniform Performance Standards for Compensatory Mitigation Requirements PRM vs. Bank/ILF U.S. Army Corps of Engineers As of 16-APR BUILDING STRONG

12 Maura Moody

13 Conservation Banking for Threatened Species and Habitats Southwest Region Maura Eagan Moody Regional Conservation Banking Coordinator November 26, 2012

14 NOAA Fisheries Banking Banking for Recovery of threatened and endangered species and habitats SWR Guidance on baking and in-lieu fee programs - October 2011 NWR Guidance coming soon Currently 4 NOAA Fisheries approved banks in CA Interagency agreement to use RIBITS Draft eelgrass mitigation policy U.S. Department of Commerce National Oceanic and Atmospheric Administration NOAA Fisheries Page 14

15 NOAA Fisheries Banking Ten Mile River Honker Bay Mallard Farms East Austin Creek San Antonio Creek Eureka Reeding Island Fremont Landing Liberty Island and North Liberty Island Pinole Valley Elkhorn Slough Sacramento Cosumnes River San Francisco

Opportunities in San Francisco Bay Impacts to intertidal and subtidal habitats may require mitigation NOAA Fisheries draft eelgrass mitigation policy no net loss Target ratio for SF Bay 3.

16 Opportunities in San Francisco Bay Impacts to intertidal and subtidal habitats may require mitigation NOAA Fisheries draft eelgrass mitigation policy no net loss Target ratio for SF Bay 3.01:1 Challenges include use of public lands and dynamic systems U.S. Navy, Port of Los Angeles, Port of San Diego In-lieu fee programs may offer a flexible alternative to traditional banks Eelgrass growing near the shore at Keil Cove, Marin County U.S. Department of Commerce National Oceanic and Atmospheric Administration NOAA Fisheries Page 16

18 Eric Gillies

19 Kapiloff Land Bank Act The Kapiloff Land Bank Act is essentially an extension of the California State Lands Commission's authority as set forth in PRC Under this section, the SLC may exchange sovereign reclaimed tidelands and submerged lands, under certain circumstances, for other lands, which are useful for public trust purposes, including the preservation of wildlife habitat and wetlands. As an alternative to receiving land in the exchange, the CSLC may accept deposits into the Kapiloff Land Bank Fund. These monies may then be expended to acquire other lands. In this manner, the SLC has acquired hundreds of acres for wildlife habitat throughout the San Francisco Bay area, along the Colorado River, and along the central and south coasts.

Kapiloff Land Bank Act Bolsa Chica consists of 880 acres of lowlands located in Orange County adjacent to the Pacific Ocean and 327 acres of historic wetlands acquired by the SLC in 1973.

20 Kapiloff Land Bank Act Bolsa Chica consists of 880 acres of lowlands located in Orange County adjacent to the Pacific Ocean and 327 acres of historic wetlands acquired by the SLC in The property has been transformed into a full tidal basin with the remainder into wetlands. In addition to acquiring the wetlands, other sources of funding has come from the Ports of Los Angeles and Long Beach in return for mitigation credits necessary for port expansions. Bolsa Chica Wetlands

Lower Colorado River Multi-Species Conservation Plan Potential site for creating backwater habitat on CSLC sovereign lands to partly satisfy

21 Lower Colorado River Multi-Species Conservation Plan Potential site for creating backwater habitat on CSLC sovereign lands to partly satisfy the requirement of creating 360 acres of backwater habitat as part of the MSCP. Conceptual Backwater River Channel Park Moabi, Colorado River

22 Max Keech

23 San Francisco Bay Wetland Mitigation Bank Keech Properties, LLC

24 The Preserve at Redwood Shores 90 ac. Restoration K-5 School Park, trails, townhomes

25 Redwood Shores, Redwood City

26 Environmentally Significant

27 Design & Approval - Detailed Analysis/Studies - Multiple Agencies reviewing - Bank approved March 2011

28 Construction Started August 2008 October 18, 2007 The Preserve at Redwood Shores 28

29 Construction Mid-Way

30 Complete March 2011

31 Management & Monitoring Maintenance Annual Monitoring Guaranties

32 Mitigation Credits 60 Credits So. Bay Service Area No customer risk/liability

33 San Francisco Bay Wetland Mitigation Bank Keech Properties, LLC October 18, 2007 The Preserve at Redwood Shores 33

Instructions for the South Pacific Division Nationwide Permit Pre- Construction Notification (PCN):

Instructions for the South Pacific Division Nationwide Permit Pre- Construction Notification (PCN): This PCN integrates the requirements of the U.S. Army Corps of Engineers (Corps) Nationwide Permit Program within the South Pacific Division (SPD), including the Albuquerque, Los Angeles, San Francisco,