1. Planning Mitigation February 24, 2016

2. OUR TEAM

3. 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 )

4. 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. 

5. In Other Words

6. Stream Restoration as Compensatory Mitigation
From this
To this

7. 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)

8. The Basics of a Mitigation Bank

9. On-site Permittee Responsible Mitigation

10. On-site Permittee Responsible Mitigation

12. ESO Permitting & NEPA Flow Chart:

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

14. SCDOT’s Black River Mitigation Bank Balance

15. 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

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

17. 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.”

18. You May Have Seen my Email

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