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
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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
News from Washington
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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
well get your account activated.
Please contact Courtney Greer at
with suggestions or updates for
the Website.
www.mitigationbanking.org
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
www.mitigationbanking.org
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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
www.mitigationbanking.org
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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
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
www.mitigationbanking.org
Call for
Newsletter Articl
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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
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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
www.mitigationbanking.org
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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
www.mitigationbanking.org
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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)
www.mitigationbanking.org
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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
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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.