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Mid-Atlantic RC&D Conference Regulatory Contributions: A New Source of Funding for Conservation Projects Michael Ca PowerPoint Presentation
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Mid-Atlantic RC&D Conference Regulatory Contributions: A New Source of Funding for Conservation Projects Michael Catania. Conservation Resources Inc. A Unique New Organization. CRI’s Unique Services. Non-profit organization founded in 2003.

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slide1

Mid-Atlantic RC&D Conference Regulatory Contributions:

A New Source of Funding for Conservation Projects

Michael Catania

slide2

Conservation Resources Inc.

A Unique NewOrganization

slide3

CRI’s Unique Services

  • Non-profit organization founded in 2003.
  • A clearinghouse to match non-profit and local government sponsors of land acquisition, restoration and stewardship projects with philanthropic and regulatory contributors seeking to support projects.
  • CRI is one of the new “conservation intermediary” organizations which have been created in several states.
slide4

CRI’s Unique Services

  • Matches prospective donors/sellers of land and conservation easements with an appropriate public or private agency or conservation buyer
  • Establishes and advises public/private partnerships to complete complex land transactions
  • Serves as consultant to OSI’s New Jersey Conservation Loan Program and several family foundations
  • Matches both philanthropic and regulatory contributors with appropriate conservation projects
  • Re-grants from public agencies, private foundations, corporations, and individuals
  • Plays leadership role on conservation finance policy
slide5

Conservation Resources Inc.

Regulatory Contributions

slide6

Regulatory Contributions

  • An Alternate Mechanism for
    • Penalty Settlements
    • Dispute Resolution
    • Satisfying Permit Conditions and Mitigation Requirements
    • Supplemental Environmental Projects, and;
    • Civil Settlements of Criminal Investigations
    • Natural Resource Damage Settlements
slide7

Regulatory Contributions

  • Regulatory Basis for Contributions:
    • NJ Spill Compensation and Control Act
    • Superfund (CECLA/SARA)
    • Many other Federal and State Pollution Control and Land Use Laws (enforcement violations and permit conditions)
    • Local Ordinances
slide8

Regulatory Contributions

  • Potential Regulatory Agency Partners:
    • EPA Regional Offices
    • U.S. Attorney’s Office
    • State DEPs
    • State Attorneys General
    • U.S. Army Corps of Engineers
    • State DOTs
    • Regional Authorities
    • Local Governments
slide9

Regulatory Contributions

  • Before CRI
    • No efficient mechanismexisted to identify and screen potential projects which could be funded by regulatory contributions, or to match appropriate projects with particular regulatory contributions

CRI Now Provides:

    • Unique web-based catalog of screened projects, coupled with customized project searches, is designed to bridge this gap and provide both responsible parties and regulatory agencies with options for exemplary projects which can be funded by regulatory contributions
slide10

Regulatory Contributions

Regulatory

Agency

Grant

Agreement

Conservation

Intermediary

Regulatory

Contribution

Agreement

Project

Sponsor

Featured

Project

Responsible

Party

slide11

Regulatory Contributions

  • HERE’S HOW IT WORKS:
    • ANY PARTY CONSIDERING A REGULATORY CONTRIBUTION CAN SELECT A PROJECT FEATURED IN OUR GEOGRAPHIC FUNDS (NOTE: THESE PARTIES ARE NOT OUR CLIENTS)
    • CRI CAN ALSO CONDUCT A CUSTOM SEARCH TO IDENTIFY A SHORT LIST OF POTENTIAL PROJECTS
    • CRI CAN IDENTIFY PROJECTS IN A SPECIFIC WATERSHED MANAGEMENT AREA OR COUNTY OR TO MEET OTHER SPECIFIC REGULATORY NEEDS
slide12

Regulatory Contributions

  • HERE’S HOW IT WORKS (continued):
    • CRI CAN HELP FACILITATE AGENCY REVIEW AND APPROVAL OF THE PROPOSED PROJECT
    • CRI HAS DEVELOPED A REGULATORY CONTRIBUTION AGREEMENT WHICH IS EXECUTED WITH THE REGULATORY CONTRIBUTOR
    • THE REGULATORY CONTRIBUTION AGREEMENT IS THEN INCORPORATED AS AN ATTACHMENT TO THE SETTLEMENT DOCUMENT WITH THE APPROPRIATE REGULATORY AGENCY
slide14

Regulatory Contributions

  • SERVICESPROVIDED BY CRI UNDER A REGULATORY CONTRIBUTION AGREEMENT:
    • CRI EXECUTES A GRANT AGREEMENT WITH THE PROJECT SPONSOR, WHICH INCLUDES A PROJECT SCHEDULE AND PAYMENT SCHEDULE
    • CRI THEN OVERSEES PROJECT IMPLEMENTATION AND SERVES AS A FIDUCIARY TO DISBURSE FUNDS AS APPROPRIATE
    • CRI ALSO PROVIDES TECHNICAL ASSISTANCE TO INSURE TIMELY COMPLETION OF THE PROJECT
    • CRI REQUIRES AUDITS OF FUNDS DISBURSED, AND PROVIDES PERIODIC REPORTS ON PROJECT COMPLETION
slide15

Regulatory Contributions

  • ALSOPROVIDED BY CRI UNDER A REGULATORY CONTRIBUTION AGREEMENT:
    • IN THE EVENT THAT THE FUNDED PROJECT IS NOT FEASIBLE FOR ANY REASON, CRI WILL ASSUME RESPONSIBILITY FOR IDENTIFYING A SUBSTITUTE PROJECT ACCEPTABLE TO THE RELEVANT REGULATORY AGENCY, AND FOR OVERSEEING THE IMPLEMENTATION OF THAT SUBSTITUTE PROJECT
slide16

Current Issues with Regulatory Contributions

Quantifying the Damages/ImpactsIdentifying a Project Acceptable to Regulatory Agency Negotiating and Finalizing an Agreement Implementing the Project Avoiding Returning to Square One

slide17

Quantifying the Damages

  • How Are Damages/Impacts Quantified:
    • Habitat equivalency analysis
    • Acreage replacement
    • Penalty matrix calculations
    • Loss of public use of natural resources
    • Negotiations
slide18

Identifying an Acceptable Project

  • Whose projects are eligible?
  • What is the nexus between damage and project?
    • Groundwater recharge in same watershed or region
    • Public access to offset loss of use
    • Wildlife habitat preservation/enhancement for a particular species or ecosystem
  • Is it necessary to identify a project equal to the exact size and value of the damages?
slide19

Conservation Resources Inc.

Natural Resource Damage Settlements

slide20

DEP Identifies and Assert a Natural Resource Damage (NRD) Claim

Against a Responsible Party (RP)

Litigation Filed in State Court

Claim Pursued Administratively

RP and DEP Enter Settlement Discussions

Court Rules on RP Liability and Damages

DEP Settles with RP

RP Selects and DEP Approves a Specific Project

DEP Collects Damages and Deposits $ in Hazardous Site Mitigation Trust Fund and/or Accepts RP Donation of Land

Court-ordered penalty may be paid to non-profit

DEP Settlement Approves RP Contribution to that Project

Damage $ Available to Fund State or Non-Profit Projects*

slide22

CRI as Aggregator

Geographic Funds – a web-based catalog ofland acquisition and restoration projects

slide28

Tabernacle Drum Settlement

Friendship

Creek

Preserve

NRD settlement provided $150,000 toward purchase of 250 acres

slide30

Tabernacle Drum Settlement/ Friendship Creek Preserve

Purchase Price: $300,000

Acreage: 250 +/-

Natural Resource Value: Groundwater recharge, located in the Pinelands approximately 5 miles from where Natural Resource Damage occurred at the Tabernacle Drum Dump

Disposition of property: Will be owned by Rancocas Conservancy, a nonprofit land trust, with a conservation easement held by NJDEP

Funding sources: $150,000 Funding from NRD Settlement, $150,000 from NJDEP Green Acres grant to Rancocas Conservancy.

slide31

Hatco Settlement/

Raritan Riverfront Park

NRD settlement provided $593,000 toward restoration and public access

slide33

Hatco Settlement/

Raritan Riverwalk

Project Cost: $1,000,000

Acreage: n/a

Natural Resource Value: Provides public access to the Raritan River / ecological restoration component

Disposition of property: Project will be owned by Edison Township

Funding sources: $593,000 funding from NRD settlement, $407,000 from Middlesex County

slide34

South Jersey Industries Settlement/ Codario Farm

NRD Settlement will provide $100,000 to preservation

slide35

South Jersey Industries Settlement/ Codario Farm

Pending Settlement/Codario Farm

Project Cost: $720,000

Acreage: 120

Natural Resource Value: Groundwater recharge, wildlife habitat restoration

Disposition of property: Unexpected Wildlife Refuge owns the property with a conservation easement held by NJDEP

Funding sources: $100,000 from a NRD settlement, $290,o00 from sale of Pinelands Development Credits, remainder from Green Acres program and private fundraising

slide36

Resolution of criminal settlement provided

$1,000,000 for benthic restoration

slide37

Chevron/ Benthic Habitat Restoration Project

Pending Settlement/Codario Farm

Project Cost: $1,000,000

Natural Resource Value: Restoration of the Great Oyster Beds in the Raritan Bay

Funding sources: $1,000,000 from Civil Settlement of Criminal Investigation Resulting from Oil Spill in Arthur Kill

slide38

Conservation Resources Inc.

For More Information

slide39

Conservation Resources Inc.

VISIT OUR WEBSITE AT:

  • WWW.CONSERVATIONRESOURCESINC.ORG
  • CALL MICHAEL CATANIA OR JON WAGAR AT:

(908) 879-7942

  • CONTACT US BY E-MAIL AT:

Michael@ConservationResourcesInc.org

Jon@ConservationResourcesInc.org