Realtors Land Institute Power Point Presentation

Louisiana Realtors Land Institute, 2007: 

Louisiana Realtors Land Institute, 2007 Wetland and Endangered Species Conservation Banking Allen McReynolds Mitigation Strategies LLC 941/952-0175 or 888/294-8101 info@themitigationteam.com

Wetland Mitigation Issues in Real Estate Development: 

Wetland Mitigation Issues in Real Estate Development Real Estate Development has many challenges in today’s environment, not the least of which is permitting for Wetland and Endangered Species habitat destruction, or “take”, that occurs during construction. Off-site Mitigation is one of the ways to comply with Federal and State regulations governing these actions.

Population Living in the Coastal Parishes, Pre Katrina : 

Population Living in the Coastal Parishes, Pre Katrina Over 2 million residents, more than 50% of the state's population according to the U.S. Census estimates, lived in Louisiana's coastal parishes.

Historical Land Loss in Coastal Louisiana: 

Historical Land Loss in Coastal Louisiana Louisiana has lost 1,900 square miles of land since the 1930's. Currently Louisiana has 30% of the total coastal marsh and accounts for 90% of the coastal marsh loss in the lower 48 states.

Why is this so important?: 

Why is this so important? During the 20th century, coastal Louisiana lost 1.2 million acres of land, and if nothing is done, could potentially lose another 435,000 acres in the next 50 years. The acreage lost and projected to be lost over this 100 plus year period is greater than the size of Delaware, and the Washington, DC-Baltimore, MD metropolitan area combined.

The Effect of Hurricanes Katrina and Rita : 

The Effect of Hurricanes Katrina and Rita Before the storms, scientists predicted that this area might lose 60 square miles of vegetated wetlands by 2050. In just two days, when Hurricanes Katrina and Rita passed through, 218 square miles of vegetated marsh turned to open water.

Current Rate of Coastal Land Loss: 

Current Rate of Coastal Land Loss Wetland loss is approximately 24 square miles per year, that is the equivalent of approximately one football field lost every 38 minutes. The projected loss over the next 50 years, with current restoration efforts taken into account, is estimated to be approximately 500 square miles.

Types of Environmental Permitting in Land Development : 

Types of Environmental Permitting in Land Development Wetland Delineation Endangered Species Presence/Absence Surveys

ENVIRONMENTAL COMPLIANCE REGULATIONS: 

ENVIRONMENTAL COMPLIANCE REGULATIONS WETLAND COMPLIANCE Clean Water Act, Section 404 State Environmental Protection statutes ENDANGERED SPECIES PRESERVATION Endangered Species Act, of 1973 as amended State Environmental Protection statutes

Alternatives Available to Property Owners: 

Alternatives Available to Property Owners Avoidance of impact to habitat; Minimization of impact to habitat; or Off-Site Mitigation of impact to habitat.

Comparison of Clean Water Act, Section 404 and Endangered Species Act, of 1973: 

Comparison of Clean Water Act, Section 404 and Endangered Species Act, of 1973 Clean Water Act Applicants must adhere to a strict mitigation “sequencing” process AVOID MINIMIZE COMPENSATE Wetland Mitigation Bank ILF Specific Project Endangered Species Act Provides conservation alternatives for the protection of Threatened and Endangered (T&E) Plant and Animal Species covered under the Act AVOID MINIMIZE COMPENSATE

Existing 404 Law Presumes: 

Existing 404 Law Presumes For projects such as housing which are not water dependent, existing law presumes that there are “practicable alternatives” to impacting wetlands. Compensatory mitigation (creating or restoring wetlands) may only be used for “unavoidable” impacts. Agencies prefer “on-site and in-kind” mitigation.

Benefits from Mitigation Banking: 

Benefits from Mitigation Banking Reduces temporal losses of wetland functions. Reduces uncertainty over whether the mitigation will be successful. Is more Ecologically advantageous (no “postage stamp” projects). Marshals financial resources and scientific expertise necessary for effective mitigation. Provides financial assurances for long-term monitoring and maintenance. Shifts liability for compliance of the mitigation site from the permitee to the bank sponsor.

CONSERVATION BANKING: 

CONSERVATION BANKING Conservation Banking is regulated under the Endangered Species Act of 1973, as amended The Habitat Conservation Planning and Incidental Take Permit Processing Manual, Nov. 4, 1996 is available on line: http://ecos.fws.gov Chapter 3. Section B.2. Mitigation Programs and Standards

Endangered Species Act, of 1973 as amended: 

Endangered Species Act, of 1973 as amended Provides conservation alternatives for the protection of Threatened and Endangered (T&E) Plant and Animal Species covered under the Act Activities conducted under Habitat Conservation Plan’s (HCP’s) frequently involve permanent habitat losses.

Conservation Banking: 

Conservation Banking The key difference between Wetland Mitigation Banking and Habitat Conservation Banking is “conservation”, rather than “creation”. Acquiring, or otherwise protecting replacement habitat at an onsite or offsite location is a qualified action.

General Statistics for Endangered Species: 

General Statistics for Endangered Species How many species in the United States are listed as threatened and endangered or proposed for listing as threatened or endangered? 392 U.S. species of animals are listed. 599 U.S. species of plants are listed. 18 U.S. species of animals are currently proposed for listing. 0 U.S. species of plants are currently proposed for listing. How many listed species have designated critical habitat? 465 U.S. species have designated critical habitat.

General Statistics for Endangered Species: 

General Statistics for Endangered Species How many candidate species are there? 141 species of animals are candidate species. 145 species of plants are candidate species. How many habitat conservation plans (HCPs) have been approved? 485 habitat conservation plans have been approved. How many listed species have approved recovery plans? 1031 species have approved recovery plans.

Benefits of Conservation Banks: 

Benefits of Conservation Banks Allows owners of Endangered Species habitat to derive economic value from their land as habitat; Allow parties with mitigation obligations to meet their obligations rapidly; and Allow the mitigation lands to be provided prior to the impact.

Types of Habitat Conservation Banks: 

Types of Habitat Conservation Banks Acquisition of existing habitat; Protection of existing habitat through conservation easements or other legal instruments; Enhancement or restoration or disturbed or former habitats; Prescriptive management of habitats to achieve specific biological characteristics; and Creation of new habitats.

When Habitat Losses Are Permanent: 

When Habitat Losses Are Permanent Protection of mitigation lands normally should also be permanent (i.e., “in perpetuity”) The Long-Term Management Trust Account is ‘endowed’ through the sale of each credit to support long-term biological maintenance of the habitat.

Conservation Bank Restoration Requirements: 

Conservation Bank Restoration Requirements As with Wetland Banks, the lands must be restored prior to credit sales. Restoration requirements are similarly measured with “success criteria”.

Prominent Examples of Conservation Banking: 

Prominent Examples of Conservation Banking Rancho San Diego, San Diego CA (multi-species refuge) http://www.fws.gov/pacific/sandiegorefuges/sandiegonwr.htm. Etiwanda, San Bernardino County CA (multi-species refuge) http://angeles.sierraclub.org/hps/guides/17f.htm Headwaters Forest, Eel River, Eureka CA (Coho Salmon, Spotted Owl, Marbled Murrelet, and the last stand of old growth redwoods in the world) http://www.sei.org/headwaters/main.html

Mitigation Bank Review Team: 

Mitigation Bank Review Team The MBRT is comprised of representatives from the Federal and State Regulatory agencies. U.S. Fish and Wildlife Service, National Marine Fisheries Service, Army Corps of Engineers, Environmental Protection Agency, Natural Resources Conversation Service, Louisiana Department of Environmental Quality, and Louisiana Department of Wildlife and Fisheries. U.S. Fish and Wildlife Service generally serves as the MBRT Lead.

Creation of “Credits”The Wetland Mitigation Bank Model: 

Creation of “Credits” The Wetland Mitigation Bank Model Habitat Conservation Banks and Wetland Mitigation Banks are assigned “credits” by their respective Mitigation Bank Review Team (MBRT). Conservation Bank Credits are based on ‘rarity’ of habitat, amount of land restored, conserved, preserved or protected, and the overall behavior pattern of the plants and animals that use that habitat for survival.

Customers of Wetland and Habitat Conservation Banks: 

Customers of Wetland and Habitat Conservation Banks Real Estate Developers Public Utilities Schools, Libraries, Fire Departments Municipalities Highway and Transportation Organizations

What do Realtors need to Know?: 

What do Realtors need to Know? Disclosure of Wetland or Endangered species habitat. Wetland Delineation. Wildlife Survey (presence/absence) Willingness to allow long due diligence period. Willingness to re-negotiate after Wetland Delineation and Wildlife Surveys are done.

What can a consultant do for you? : 

What can a consultant do for you? Guide you through the process of advising your clients. Refer you to local mitigation banks, for quick resolution. Represent you and your clients with the Army Corps and state agencies.

Mitigation Strategies LLC: 

Mitigation Strategies LLC For more information regarding Wetland Mitigation Banks or Endangered Species Conservation Banks Allen McReynolds Mitigation Strategies LLC 941/952-0175 info@themitigationteam.com