Wetland Mitigation & Species Conservation Banking in Florida

Wetland Mitigation & Species Conservation Banking in Florida

1. 1. WETLAND MITIGATION & SPECIES CONSERVATION BANKING IN FLORIDA Victoria Colangelo, The Mitigation Banking Group, Inc.
2. 2. Victoria K. Colangelo • 17 Years of Sales & Marketing of Mitigation & Conservation Credits • MBG, Inc. Represent Over 50,000 Acres of Protected Land: 20 Mitigation and Conservations Banks in Florida
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4. 4. WHAT IS A MITIGATION WETLAND BANK? A wetland mitigation bank is a protected parcel of land that is conserved and permanently managed in perpetuity. It has wetland and upland areas that have been preserved, restored, enhanced, or created for the purpose of providing compensation for unavoidable wetland offset within a geographical area. In exchange for permanently protecting the land and managing it, the U.S. Army Corps of Engineers (USACOE) and state and/or local government agencies approve a specified number of wetland credits that bank owners may sell.
5. 5. PERMITTED MITIGATION BANKS IN FLORIDA • There are approx. 87 federal and 123 state approved permitted mitigation banks for public use (and approx. 41 mitigation banks pending federal approval) within Florida.
6. 6. WETLAND MITIGATION BANK RESTORATION • Preservation: Conservation Easement • Restore the Hydrology with Low Water Crossings • Remove Invasive Species • Prescribed fire burning • Plant native species • Credits Awarded Per Activity
7. 7. Example of credit release schedule (Approx. 400 acres) Credit Release Activity % Release Est. Timetable Forested Credits File Intensive CE for entire bank site and Provide Financial Assurances 15% 1 month post issuance 8.4 Construction Credit Release, Install Low Water Crossings/Control Structures and Earthen Ditch Blocks 25% 2 months post issuance 14 Implement invasive exotic/nuisance vegetation eradication 5% 2 months post issuance 2.8 Complete Planting Plan 20% 6 months post issuance 11.2 Implement Prescribed Fire Management Program 5% 5 years post issuance 2.8 Interim Success Attainment, Annual monitoring indicating trending to success 5% per year for 4 years 1-5 years post issuance 11.2 Full Success Attainment Remaining 10% 5-6 years after enhancement 6.2 TOTAL 100% 56.6
8. 8. Wetland Impact? Location, Acreage & Quality of the Proposed Wetland Impact will determine how many mitigation credits will be & the mitigation credit costs for the project.
9. 9. What is a Mitigation Credit? • “Mitigation credit” is a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities. • Assessment and Scoring for the three categories: Location and Landscape Support, Water Environment, and Community Structure.
10. 10. UMAM Section 373.414 (18) F.S. • A MITIGATION CREDIT does not equal an Acre … • Regulatory agencies utilize the Uniform Mitigation Assessment Methodology (UMAM) since 2005 to determine the functional loss of the wetland offset. • This method involves scoring several variables (such as: location, landscape and quality of the wetland) to come up with a multiplier between 0.0 and 1.0. When the UMAM score of the impact area is multiplied by the acreage of the impact site, the number of the UMAM credits required to offset the impact is determined.
11. 11. SERVICE AREA Each Mitigation/Conservation Bank Permit identifies a geographic area served by the permitted mitigation bank within a defined region (mitigation service area). Florida has 86 Drainage Basins within 5 Water Management Districts.
12. 12. SJRWMD Basin Map (23 Basins)
13. 13. SWFWMD basin map (16 Basins)
14. 14. SFWMD Basin Map (32 Basins)
15. 15. SRWMD basin map (8 Basins)
16. 16. NWFWMD basin map (7 Basins)
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18. 18. WHAT IS A HABITAT CONSERVATION BANK? A habitat conservation bank is a protected parcel of land that is conserved and permanently managed for species that are endangered or threatened. In exchange for permanently protecting the land and managing it for these species, the U.S. Fish and Wildlife Service (FWS) approves a specified number of habitat or species credits that bank owners may sell.
19. 19. PERMITTED CONSERVATIO N BANKS IN FLORIDA There are approx. 15 permitted conservation banks (and approx. 1 conservation bank pending federal approval) in Florida • Panther Conservation Banks • Sand Skink Conservation Bank • Scrub Jay Conservation Banks
20. 20. Species Impact? Species & Acreage of Impact will determine how many conservation credits you will need Examples: Sand Skink: 2 Credits required for every 1 Acre of Impact Scrub Jay: 2 Credits required for every 1 Acre of Impact Panther: Approx. 7 PHU’s for every 1 acre of Impact GT: Need to Relocate Each Species to a Recipient Site
21. 21. • Preservation: Conservation Easement • Control Exotic Plants • Facilitate Natural Revegetation • All Credits Awarded SPECIES CONSERVATION BANK PRESERVATION
22. 22. Sand Skink Conservation Bank Service Area
23. 23. Panther Conservation Banks Service Area
24. 24. Administrat ive Policies & Barriers New WOTUS Rule • Limits the Extent of Federal Regulation • Less Federal Mitigation Needed (Removes isolated wetlands, etc.… from jurisdiction) CWA Section 404: Florida Assumption • State assumption of the 404 program provides a streamlined permitting procedure within which both federal and state requirements are addressed by state permits. • Mitigation Banks will continue to be permitted by ACOE Unpredictable Timeframe of Permitting a Mitigation Bank • 2- 7 Years
25. 25. Strategies of Credit Sales • Relationships Matter! • Efficient/Knowledgeable • Out of the Box Thinking- In-Kind/Out-of- Basin • Explain the Process Effortlessly to a landowner who has NO IDEA what a wetland is! • Keep a accurate and detailed database with all information on every project with up to date info. • Follow Up!
26. 26. Best Practices for Credit Ledgers • Maintain an Internal Ledger with Credit Reservations • Have a 3rd party oversee the ledger to avoid errors/audit • Deduct the Credits as soon as full payment and applicants’ permits are issued, and follow up on pending deductions with agencies (as needed) to make sure all credit sales are recorded properly
27. 27. Best Practices for Mitigation/ Conservation Credit Sales Agreements • 10% non-refundable deposit reserves credits for 90 days • Reservation Extensions may be available with additional deposit • Flexible Terms
28. 28. Data Collection: Integration with RIBITS • Resourceful Tool to collect data: Absorption, Date of Permit Issuance, MSA, Etc…. • Ledger, Contact Info, MBI, Credit Release Schedule, Etc….
29. 29. Which Mitigation Bank services my property? • Find out which Watershed/Basin the Property is located in • Check to see Which Mitigation Banks service that Specific Region • Check to see if mitigation bank is located within same basin as the project (CIA) • Check on Current Pricing/Availability/Type of Credits • Depending on the quality of the wetland impacted, will determine how many credits are required per acre of impact
30. 30. QUESTIONS? VICTORIA@MITIGATIONBANKINGINC.COM OFFICE: 407-960-5787 CELL: 407-808-2222 WWW.MITIGATIONBANKINGINC.COM