national mitigation banking association summer 2010 newsletter

8/9/2019 National Mitigation Banking Association Summer 2010 Newsletter

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Presidents Corner

Dave Urban

NMBA President

Summer is here and the operations side of the mitigation business is in full swing -- every mitigation b

has construction or maintenance activities underway. In the oce, plans are being made for the future

(hopefully) sales are being made. At the NMBA level, we are still absorbing the information that

disseminated at the annual conference and the various committees are starting their work in monthly c

For those of you who could not make it to the conference, the biggest news was the support that AssistSecretary of the Army (Civil Works) Jo Ellen Darcy gave for the preference in the 2008 rules. Durin

question and answer session, John Ryan of NMBA member Land and Water Resources asked Secretary Da

about the Preference in the rule. Secretary Darcy replied that there was a denite preference for mitiga

banks. Chief of Regulatory Meg Ganey Smith, later in the conference, reminded the audience t

although there was a preference, the Corps still had the ability to override the preference if it was bette

the resource. Meg however, stated that the Corps was working to do a better job at documenting the reas

which preferences are overruled. The Association is working hard to ensure this issue, and the Co

addresses other issues surrounding the rule over time.

One of the central issues we are working on right now is the issue of taxation of the credits sold. Curren

there are several interpretations of whether credits can be taxed at a capital gains rate or an ordinary incorate. The Association has been working with NMBA member Resource Environmental Solutions who

taken the lead to promote a tax bill that claries the sale of credits should be taxed at capital gains rate

of the writing of this note, great progress has been made to set up this bill for inclusion into a small busin

jobs bill that has a great chance of passing. Alternative vehicles are still being sought as no one can bank

Congress.

On the Conservation Banking front, the Association is continuing the slow, but necessary work to gain m

acceptance of conservation banking as a tool in the Endangered Species Act . It took 10 years of work in

Association to get the wetland mitigation rule passed, and it could easily take as long to get rules in pl

for Conservation Banking. It takes time, but we can do nothing but keep the ball moving.

Please join our committees and to help continue the great work the

Association is doing! We are making a more concerted eort

to announce committee calls so that all who are interested

can work on these issues.

w w w . m i t i g a t i o n b a n k i n g . o r g

The Official Publication of the National Mitigation Banking Association

Board of Directors

Dave UrbanPresident

Stephen CollinsVice President

Ann RedmondSecretary

Ren MartynTreasurer

George KellyImmediate Past President

Ben GuillonDirector at Large

Mike McCollumDirector at Large

Elliott BouillionDirector at Large

Randy WilgisDirector at Large

Don EwoldtDirector at Large

Wayne WhiteDirector at Large

Sheri LewinDirector at Large

Summer 20


2/10

th the mid-term elections looming, Congress

s shortened work periods this year. They are

session for a few weeks in July, then take angust break through Labor Day, and then

ve a session again which will end in October.

ring these sessions, they need to address

deral appropriations and many other press-

g matters. We are working hard to assure

at mitigation banking needs are also

dressed in these busy, short sessions.

gislation. Our major legislative item is

rifying the tax treatment of wetland mitiga-

n bank credit sales as capital gains rather

an ordinary income. The House (H.R. 3609)

d Senate (S. 2876) bills are pending, and we

e working on seeing these bills enacted as

rt of a larger piece of legislation, such as a

mall Business bill or other law that will move

s year.

any thanks are due to the work of thesociation's Legislative Committee for consis-

tent work on the tax legislation. They provide

updates during the Monthly conference calls,

but things can happen quickly while Congress

is in session this year. Keep on reminding your

Senators and Congressmen that you support

these bills.

Regulation. We continue to work on issues of

implementation of the Mitigation Banking

regulations. Many of our regular contacts

within EPA and the Corps have been involved in

responding to the Gulf Oil Spill, so it is an eort

to keep their attention on mitigation banking.

Among the issues, we are pushing to assure

that the Corps documents its decisions select-

ing mitigation, including documenting how it

has applied the preference for mitigation bank-

ing. We are also trying to improve the compli-

ance with the regulatory timetables for mitiga-

tion bank review and approvals.

The Associations Rules Committee conti

address issues of implementation. Thi

area where member participation is

helpful. The Committee needs to know

there are issues, so that the Associati

spend its eorts wisely.

Final note. I encourage all members t

participate in the Association's committ

joining in conference calls and oering id

Committee Chairs. This is the way that

provide the best service to the Associati

its members.

If you have any questions or need

information, contact Peggy

[email protected]

News from Washington

www.mitigationbanking.org


3/10

NMBA Website

Take a look at the updated

website! Weve added a Conserv

tion Banking page and are in the

process of updating member

listings and bank information. T

Members Only section of the sit

contains meeting agendas and

notes plus documents prepared

the association for member use

you navigate challenges related

banking.

If you do not have, or do not kno

your website username and

passcode, please contact

[email protected] and

well get your account activated.

Please contact Courtney Greer at

[email protected]

with suggestions or updates for

the Website.


Member Milestones

eceived Bank Approvals and Groundbreaking ApprovalsCalifornia, Wildlands has received approval on Liberty Island Native Fisheries Conservation Bank, River Ranch

tland Mitigation Bank, River Ranch Valley Elderberry Longhorn Beetle Conservation Bank (Phase III) and the Toad

Ranch Wetland Mitigation Bank.

he Pacic Northwest, Wildlands has received groundbreaking approvals for the Nookachamps Wetland Mitigation

k and the Blue Heron Slough, National Marine Fisheries Salmon Conservation Bank. Projects in entitlement

ude the rst vernal pool conservation bank in Oregon as well as many other wetland and salmon restoration

jects.

he Southeast, Wildlands in partnership with TimberVest, LLC received approval on the Lone Oak Stream Mitiga-n Bank. The approval marks Wildlands rst project in Virginia.

Wildlands

outhport Ranch Mitigation Bankigation Marketing, LLC is proud to announce the June 2010 SFWMD permit issuance for the Southport Ranch

igation Bank, located in the south-central portion of Osceola County, Florida. The 3,316 acre bank has a service

a that encompasses portions of Orange, Osceola, and Polk Counties. The project site includes an extensive variety

abitat communities that are of regional signicance, with its location adjacent to South Florida Water Manage-

nt District lands, Disney Wilderness Preserve, Reedy Creek Swamp, and the Kissimmee Chain of Lakes. In addition,majority of the site provides vital hydrologic recharge functions for the Florida Aquifer, Reedy Creek Swamp, and

immee Chain of Lakes. Signicant habitat within the project site is suitable for: the Florida black bear, crested

acara, bald eagle, red-cockaded woodpecker, Florida sandhill crane, and wood stork, as well as an extensive

ding bird population, white-tailed deer, wild turkey, and other various mammals and reptiles. In addition,

ancement of the upland areas will provide habitat suitable for the gopher tortoise.

Mitigation Marketing



4/10

Welcome

New Membe

Joseph IversFoggy Bottom, LLC

Lon MikkelsenInter-Fluve, Inc.

Brandon PikeWetlands Solutions, LLC

Phillip J. HarrisRed Roundel Tree Farm

WetlandsRestoration, LLC

Member Milestones

eatured in the United Nations Environment Programlication: Dead Planet, Living Platet. Biodiversity & Ecosystem Restoration for Sustainable Development

UNEP report conrms that large scale ecosystem restoration such as the Little Pine Island Wetland Mitigation

k is essential to achieving world wide sustainability and a transition to a low carbon resource ecient green

nomy.

in L. Erwin Consulting Ecologist, Inc. would like to acknowledge Mariner Properties Development for having the

le Pine Island Wetland Mitigation Bank chosen as one of 36 world wide case studies in the UNEP Report.

additional information on the UNEP Report visit: www.UNEP.org/pdf/RRAecosystems_screen.pdf

ittle Pine Island Wetland Mitigation Bank

BIODIVERSITY AND ECOSYSTEM RESTORATION FOR SUSTAINABLE DEVELOPMENT

A RAPID RESPONSE ASSESSMENT

DEAD PLANET, LIVING PLANET


4


5/10

When business is hot, no one w

to write an article wed all r

restore and sell. When its not th

not much to share regarding pro

or other relevant mitigation ban

news. However, this is YOUR n

letter we encourage all mem

to submit articles! Remem

[email protected] is

destination for your newsw

articles.

Member Milestones

Wetland Restoration: Little Pine Island, Lee County, Florida, USAlication: Dead Planet, Living Platet. Biodiversity & Ecosystem Restoration for Sustainable Development

the early 1990s, forty years of drainage canal impacts resulting from extensive mosquito ditching of this 4670

e island, had resulted in the complete loss of freshwater habitats and extensive infestations of exotic plant

cies. Recognizing the ecological signicance of this island which is now strategically located within the 40,000

e Charlotte Harbor State Park, the State of Florida acquired the island in 1974 as its development was being

nned, however the state had no plans to attempt any restoration activities due to the anticipated cost. In the early

0s the new concept of mitigation banking appealed to both the State of Florida and a private developer, Mariner

perties Development, Inc. In 1997 restoration activities began, undertaken as a public private partnership that

s formed between Mariner and the State as the Little Pine Island Wetland Mitigation Bank. One of the rst of itsd in the US the bank has privately nanced over 12 million USD in habitat restoration and its perpetual mainte-

ce, ultimately from the sale of bank credits. Without this innovative nancial arrangement it would not have

n possible to undertake the carefully planned and phased restoration designed and monitored by Kevin L. Erwin

sulting Ecologist, Inc. Approximately 60 tons of biomass per acre was removed over nearly 2000 acres, consisting

stly of melaleuca (Melaleuca quinquenervia), Australian pine (Casuarina equisetifolia), and Brazilian pepper

hinus terebinthifolius). These exotic trees dominated the island after drainage impacts occurred often forming a

se canopy and completely displacing the native plants and wildlife. As the exotic vegetation was removed in

h phase, a deliberate process of backlling the drainage canals commenced to restore the interior freshwater

tem and the natural tidal ows along shore. Recovery of the restored fresh and saltwater marshes, mangroves

slash pine wetland habitats has been remarkable. Following exotic removal and the restoration of natural

ropatterns seeds of native wetland vegetation that for decades had been dormant in the soil have sprouted toduce well-balanced native ecosystems replete with wildlife (11, 109, 17, 7, 13 and 95 species of mammals, birds,

tiles, amphibians, sh and aquatic macro-invertebrates, respectively.)

le Pine Island Mitigation Bank is an excellent example of a highly successful, cost eective, risk free wetland

oration project consisting of regionally signicant ecosystem restoration that will be perpetually maintained at

olutely no cost to the public. (Biodiversity Conservation, Financial Benets of Innovative Ecosystem Restoration)

ttle Pine Island Wetland Mitigation Bank continued


Call for

Newsletter Articl


6/10

te Associations are increasing in number and are

ng created to ll gaps in addressing state and

al laws, regulations and policies that aect the

ustry of mitigation banking. Currently, three

ociations have formed and a fourth is pending.

te associations are now in place in North

rolina, Georgia and Florida and a group has taken

ps to form one in Texas.

e North Carolina Environmental Restoration

sociation has been in place since 2002. It has

elve (12) active members and recently was very

ccessful in enacting state legislation that codied

preference for mitigation and nutrient oset

nks over payments to in-lieu fee programs. The

w goes further than the federal mitigationeference by requiring private entities to buy from

sting banks, to the extent such banks exist.

e Georgia Environment Restoration Association

ently formed in 2009 and already has 30

mbers, including professionals, consultants,

partners and friends in government. It maintains a

website and has three working committees. It is

wrestling with issues such as the transition

between new and old banking rules and the viabil-

ity of credits produced under the old rules. In

addition, it has provided signicant input on newly

published guidelines on the establishment and

operation of mitigation banks and bank credit

purchases.

The Florida Association of Mitigation Bankers was

formed in 2010 and has 27 members. Its primary

purpose is to promote and foster the wetland

mitigation banking industry in Florida. It is consid-

ering passage of a state law to provide a preference

for the use of mitigation banks, similar to thefederal law. It is also promoting polices that would

allow easy up-front determination of projected

credits on tracts of land prior to purchase.

The inaugural Texas Ecological Restoration Associa-

tion (TERA) formation meeting was held o

26, 2010. This organization is initially comp

drafted and it is expected that there will be tfounding members, actively pursuing pro

Texas and intended to keep up with Texas

and evolving regulatory environment. By-la

organizational formation paperwork are in p

One of the issues the association is see

provide input on is the promotion of new an

standards relating to stream mitigation. Al

are exploring ways to help fund the positi

mitigation specialist within the Army C

Engineers. Stay tuned for more happen

TERA gets underway and invites interested

including consulting rms to join.

The NMBA continues to evaluate the role in

ing these evolving state associations. Clearl

are a number of issues raised by the state a

tions that are national in scope and that

interest to the NMBA and its members.

issues include, without limitation: 1) h

contend with the old inventory of bank

when new standards are implemented; 2) comply with the preference under federal l

to promote similar preferences under state

how to address proposed commercial ba

public lands; 4) how to promote stream mit

standards; and 5) how to help fund position

resource agencies that would assist in the a

tration of the mitigation program. The NM

continue to provide technical support and

and the state associations are urged to con

NMBA on intractable issues that have n

implications.

State Associations Update



7/10

sure is rewarding when the NMBAs eorts

th the regulatory agencies results in action in

e eld. After three years of lobbying by the

MBA Board and committee members for an

vestment by U.S. Fish & Wildlife Service in

ining eld personnel on conservation bank-g, this month we saw our eorts come to

ition. U.S. Fish & Wildlife Service, in

rtnership with The Conservation Fund, held

e rst Conservation Banking Training Course

their National Conservation Training Center

Shepherdstown, WV this past week. Over 45

ople attended with representation from U.S.

h & Wildlife Service, U.S. Army Corp of

gineers, Federal Highway Administration,

partment of Defense, NOAA, and U.S.partment of Agriculture. This eort to

pand understanding and awareness of

nservation banking at the regional and eld

ce level is critical to the expansion of endan-

red species banking throughout the United

ates.

The other aspect which made the training

program particularly relevant was the inclusion

of representatives from the private sector in the

teaching sta. Six NMBA members with

conservation banking experience participated

in the weeklong program, and provided invalu-able insights into the reality of implementing

conservation banks, and the challenges of

establishing viable credit trading markets

under the Endangered Species Act. The

feedback we received from Kris Hoellen, the

program coordinator from The Conservation

Fund, was that training participants were

really pleased to see the bankers present and

that they learned a lot from the interactions.

Thanks to the NMBA members who investedtheir time and eort to make this initial

program a success, and we look forward to the

expansion of this training eort within the

regions over the coming year.

To all NMBA members who are intere

advancing conservation banking thro

the United States, or have an interest in

emerging markets, please join us. We

standing committee call the rst Wedne

every month at 1pm EST/10am PST. welcome.

Thanks for your continued support!

Emerging Markets and Conservation Banking Committee Upda



8/10

Take a look at these pictures of oshore berms being constructed along the Louisiana Gulf

Coast as protection for environmentally sensitive areas impacted by the BP Oil Spill.

Should oshore berms not be planted to provide erosion control, these berms will wash

away, as is evident here. Coastal wetland and estuary habitats receive protection from

such barriers but they require careful design and monitoring, and, most important, plant-

ing and long term maintenance.

This is but one area where Resource Environmental Solutions aids such restoration eorts

post construction vegetative supply and planting and long term maintenance. RES, a

leading mitigation banking rm, provides Louisianas largest commercial supply of marsh

grasses and coastal ecosystem restoration services.

Resource Environmental Solutions Readies for

Gulf Coast Restoration Efforts



9/10

Interesting Articles, Courtesy Ecosystem Marketplace

BP Disaster Highlights Need to Value Ecosystem ServicesBP says it will pay at least $20 billion for lost income and clean-up in the wake of its Deepwater Horizon debacle, but that doesnt begin to cover the cof ecosystem services lost in the spill. Ecosystem Marketplace examines the role that environmental nance can play in preventing future disasters, and

helping us recover from this one. Go to this link to view full article: http://tinyurl.com/36n7yld

Feds Lay Groundwork for Chesapeake Water MarketThe US Environmental Protection Agency will impose pollution caps on the Chesapeake Bay, and the US Department of Agriculture will work more tigh

with farmers to keep nitrogen and phosphorous out of local waterways under a new executive order that asks the USDA to lead the development o

watershed-wide water-quality trading market. Go to this link to view full article: http://tinyurl.com/2wf8ldf

More Governments Using Markets to Save SpeciesCash-strapped governments around the world are turning to market-based schemes that preserve endangered species by incorporating the cost of hab

destruction into the cost of development, according to a new report compiled by Ecosystem Marketplace. Unfortunately, most schemes lack the transp

ency needed to send the kind of price signals necessary to create an incentive to conserve.

Go to this link to view full article: http://tinyurl.com/yjmsnt9

Seeds of Change for US Environmental MarketsMarkets for ecosystem services, such as endangered species, water quality and carbon in the United States currently operate in a patchwork fashion. T

Department of Agricultures new Oce of Environmental Services aims to x that by weaving a tracking process that pulls them together.

Go to this link to view full article: http://tinyurl.com/36fqmhh

5th National Conference on Coastal and Estuarine Habitat RestorationTexas, United States of America - The 5th National Conference on Coastal and Estuarine Habitat Restoration will focuse on the most pressing issue fac

our coasts: Preparing ... Go to this link to view event: http://tinyurl.com/35o7kfw

ACES: A Community on Ecosystem Services 2010 ConferenceArizona, United States of America - ACES brings together government, NGOs, academia, tribal, and private sector leaders to ...Go to this link to view event: http://tinyurl.com/32folds

NAHB Construction Forecast Conference WebinarDistrict of Columbia, United States of America - The National Association of Home Builders' webinar provides a current and accurate fall forecast for build

industry professionals. Go to this link to view event: http://tinyurl.com/33p2z9e

Ecosystem Marketplace Events

(11/13/2010 to 11/17/201

(12/06/2010 to 12/09/2010)

(10/27/2010)



10/10

Quality seedlings make the restoration and conservation of Americas natural

resources more successful. SuperTree Seedlings offers a wide variety of hardwood

seedlings, such as Atlantic White Cedar, Cypress and shrubs that are well-suited for

wildlife habitats, wetland restoration and mitigation. Call 1-888-888-7158 to place anorder for any number of seedlings in any mix you require.

www mitigationbanking org

THANK YOU TO OUR 2010 PARTNERS AND SPONSORS

If you should have any questions or comments regarding the associaton, please contact Victoria K. Colangelo at [email protected]

MITIGATION

ECOLOGICALSERVICES

an

d

by

Great Lakes/Atlantic Regional Office

1220 Eisenhower Place,

Ann Arbor, MI 48108

www.ducks.org/ecoservices

DUCKS UNLIMITED PROVIDES MITIGATION SERVICES FROM SITE

IDENTIFICATION TO LONG TERM PROTECTION AND MANAGEMENT.

national mitigation banking association summer 2010 newsletter

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