Planning Mitigation February 24, 2016

OUR TEAM

Legal Authorities CLEAN WATER ACT 1972/1977 Clean Water Act (CWA) states that the wetlands program goal is “no net loss of wetlands” 1995 Memorandum to the Field. “Federal Guidance for the Establishment , Use and Operation of Mitigation Banks” 2008 – 33 CFR 332 “Compensatory Mitigation for Losses of Aquatic Resources” Map-21, The Moving Ahead for Progress in the 21st Century Act (P.L. 112-141)

What is Mitigation? "Mitigation" means avoiding, minimizing, rectifying, reducing over time, and compensating for impacts on natural resources. As a practical matter, all of these actions are captured in the terms avoidance, minimization, and compensation. These three actions are generally applied sequentially Compensatory measures should normally not be considered until after all appropriate and practicable avoidance and minimization measures have been considered. 

In Other Words

Stream Restoration as Compensatory Mitigation From this To this

Compensatory Mitigation Under the Clean Water Act (In Order of Preference): 1) MITIGATION BANK CREDITS 2) IN-LIEU FEE MITIGATION 3) a. PERMITTEE-RESPONSIBLE (WATERSHED APPROACH) b. PERMITTEE-RESPONSIBLE (ON-SITE, IN-KIND) c. PERMITTEE-RESPONSIBLE (OFF-SITE AND/OR OUT-OF-KIND)

The Basics of a Mitigation Bank

On-site Permittee Responsible Mitigation

On-site Permittee Responsible Mitigation

ESO Permitting & NEPA Flow Chart:

SCDOT’s Black River Mitigation Bank (74 Authorized Debits since 2008)

SCDOT’s Black River Mitigation Bank Balance

Why Do We Need To Plan And Be Prepared For Compensatory Mitigation? To improve project delivery outcomes by having appropriate mitigation already in place when needed To improve environmental outcomes by consolidating potential compensatory mitigation needs from multiple projects in a given area in order to strategically address mitigation needs and conservation priorities To improve mitigation outcomes by having better planned and delivered mitigation projects that are successful and compliant

Regulatory Review Time for Mitigation Banks Total required Federal Review (Phases II-IV): 225 days

Why Is This Relevant to you? Map-21 identifies “As part of the statewide or metropolitan transportation planning process, a State or MPO may develop one(1) or more programmatic mitigation plans to address the potential environmental impacts of future transportation projects.”

You May Have Seen my Email

www.wetmit.org

Tucker S. Creed, P.E. creedts@scdot.org 803-737-0356 Questions? Tucker S. Creed, P.E. creedts@scdot.org 803-737-0356