Notes from the field: 11th Annual National Mitigation and Ecosystem Banking Conference, May 9, 2008

McGeorge Group Breakfast Session
Panel: Mark Sudol (ACOE), Craig Denisoff (Westervelt), Deblyn Mead (USFWS), Michael Bean (EDF).

Some notes: Banking industry has concern of in-lieu fees that are held by groups with a vested interest in keeping the $, but not a concern with in-lieu held by an agency directed to purchase the miti. Prior to 4 yrs ago, didn’t require no net loss of streams, but now, yes (if meets jurisdictional def). ACOE HQ has 6 employees (!). Proactive conservation banking – yes it’s possible, but no practical demand for it w/o regulatory handle—could be an opp to change law to create incentives to help species before they’re listed.

Technology & Tracking Session
Interesting ACOE Ecologist mapping project to identify key lands for WL mitigation from banker perspective (cheap land), ecological/regulators’ perspective. Regional FL interactive mitigation banking website – staff enter info in sys and is immediately avail online – similar to RIBITS.

Update from ACOE on RIBITS & ORM database (?). Basically, all ACOE districts are for the 1st time all using the same database mngt sys. Will be linking database to RIBITS (currently only avail in Norfolk & Mobile districts). ACOE has MOA w/ EPA, USFWS to link conservation banking to RIBITS.

Integrating Banking into Resource Planning Session
Department of Defense interested in doing mitigation offsite; has legal authority to buy credits in WL bank or to pay in-lieu fees; has Legacy Program – env grants to [buy land or easements?] to support mil readiness. DoD has contract with LMI to ID viable offsite mitigation in base buffer areas in a project in the Ches Bay. The 2 pot projects ID’d are related to nutrients/WQT: WWTP in FT AP Hill buys WQ credits; WWTP on base convinces adjacent landowners to do WQ BMPs, then base buys conservation easement & WQ gets credits (?).

EPA’s Green Infrastructure approach can help bankers with the watershed approach req by new Rules b/c GI ID’s priority cons areas. DOT did big grant to use GI to see pot conflict/ID miti opportunities on their projects.

Highlights from Q & A’s from the Day
Q: If Rappahanos final decision says have to mitigate for ditches, could we dig another ditch that has the same function?
A: In Supreme Court discussion, Scalia says a ditch is jurisdictional, so yes.

Q: Does RIBITS allow you to find onsite mitigation projects?
A: No. Audience member suggested that searching for conservation easement database could help.

Q: Regarding military knowledge of mitigation banking…
A: Military knows about, & is extremely interested in mitigation. Presenter saw a recent research paper that suggested the mil would be the largest buyer of mitigation (anyone have this source?).