1 / 18

Update on EEP Transition to Federal Mitigation Rule

Update on EEP Transition to Federal Mitigation Rule. Safety and Emerging Issues Committee of the Board of Transportation September 2, 2009. Tri-Party. Presentation Overview. Background Application of Federal Rule to EEP Timeline and Next Steps.

wilmet
Download Presentation

Update on EEP Transition to Federal Mitigation Rule

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Update on EEP Transition to Federal Mitigation Rule Safety and Emerging Issues Committeeof the Board of Transportation September 2, 2009 Tri-Party

  2. Presentation Overview • Background • Application of Federal Rule to EEP • Timeline and Next Steps

  3. Ecosystem Enhancement Program Is a DENR Program that: Improves the environment --by restoring wetlands, streams and buffers --where the need is greatest -- with willing landowners Supports the NCDOT and other developers -- with mitigation to meet permit needs In a timely, cost effective and efficient manner

  4. EEP Overview • Non-regulatory, receipt-based – no appropriations • State/federal oversight – strict compliance standards • State and national recognition for innovation and environmental excellence

  5. History Four funds: • DOT (Wetlands and Streams) • General Public (Wetlands and Streams) • Buffer mitigation (Tar/Pam, Neuse) • Nutrient Offset (Tar-Pam and Neuse) Tri-Party

  6. History --Launched WRP in 1997 for local government and general public -- Assisted NCDOT in early 2000’s --Retooled in 2003 as Ecosystem Enhancement Program Tri-Party

  7. WRP redesigned as EEP to assist NCDOT In the late 1990’s and early 2000’s project delays were severe for the NCDOT --NEPA, redesign, mitigation (40%) As a result --DOT, DENR and USACE formed a partnership

  8. Total Improvement Processan interagency partnership Merger 01 Workshop NCDOT NCDCM NCDWQ NCWRC NCMF USACE USEPA USFWS Mitigation Workshop

  9. Authority- “instruments” 3-Party MOA 2-Party MOA DOT/DENR/USACEJuly 2003 DOT/DENRApril 2004 Regulatory Document Business Document WWW.NCEEP.NET

  10. 2006- 2008 Rulemaking Changes requirements for how mitigation is accomplished for banks, in-lieu programs and permittee provided mitigation.

  11. Application in General • Federal Rule: Compensatory Mitigation for Losses of Aquatic Resources • Jointly promulgated by EPA, USACE • Draft rule proposed March 2006 • ~ 12,000 comments received • State response from Governor Easley • Signed by NCDOT, NCDOC and NCDENR

  12. Application • Final rule published in April 2008 • Establishes flexible preference hierarchy for mitigation options • Embraces advanced mitigation and watershed planning • EEP must be compliant with new rule on June 9, 2010

  13. Application to EEP • The new rule requires that all in-lieu fee programs develop new “instruments” (MOA) • DOT, DENR and USACE are working on a new instrument with a plan to have it in place by June of next year.

  14. Application of Rule to EEP • Compensation Planning Framework • “Advance” credits • Credit Release Schedules • Hierarchy • Interagency review of new projects

  15. Transition from Current Agreements to Instrument Framework • New Instrument will replace both agreements covering EEP mitigation for streams and wetlands (including MOA) • Existing instrument is available at WWW.NCEEP.NET • Intent is retain key provisions of MOA

  16. Timeline and Next Steps • Developing draft instrument draft with agencies and DOT • Conduct broad review of draft instrument in late October/Early November (Webinar) • Initiate formal review process with USACE in late November (includes public notice and comment) • Finalize and sign in April 2010

  17. Closing comments on instrument • Rules will not affect costs of EEP delivery of mitigation for NCDOT. • Will affect accounting (credits) • Will affect reporting • Will support comprehensive planning • Will recognize the importance of the tri-party relationship for advancing mitigation.

  18. Questions Tri-Party William D. Gilmore, PEbill.gilmore@ncdenr.net

More Related