“We’re all in this together to achieve real, in-the-ground restoration.”
That was the overarching message from regulators and consultants during the Association of State Wetland Managers’ (ASWM’s) Webinar: An Ecological Framework for Reviewing Compensatory Mitigation: Oversight and Compliance held recently.
Presenters Kristi Hall with the U.S. Army Corps of Engineers Vicksburg District, Sarah Woodford with the Virginia Department of Environmental Quality, and Ashley Zavagno with WRA, Inc. in northern California all offered their perspectives on compensatory mitigation oversight and compliance.
Speaking to a mixed audience of project reviewers, regulators, practitioners, and state and tribal wetland program staff, presenters placed an emphasis on the use of mitigation banking as the preferred alternative for compensatory mitigation, with minor mentions of in-lieu-fee and permittee-responsible mitigation.
Hall, who was named the 2018 USACE’s Vicksburg District Regulator of the Year, spoke first and promoted mutually beneficial solutions to compliance issues. She encouraged regulators and reviewers to recognize if a project is “trending toward success” and to avoid placing blame. Instead, she said, go back to the [mitigation banking] instrument and see what it says.
“Sometimes nature doesn’t do what we expect, and sometimes that can be okay,” she said. There is no crystal ball, said Hall, and projects can experience climate failures or unanticipated site failures, which can usually be addressed through a adaptive management.
Sarah Woodford, of Virginia DEQ echoed Hall with regard to everyone working together to find compliance solutions. DEQ has to verify overall compliance and track credit releases for mitigation banks. Woodford said regular interagency review team (IRT) meetings are important along with regular site visits. She encouraged reporting any problems early to the IRT.
The only consultant presenter, Ashley Zavagno or WRA, Inc, said, “mitigation is complicated” and identified the importance of clarity, efficiency certainty, parity, and consistency with regard to communication between regulators, practitioners and bank sponsors.
“We want to do the right thing and meet your expectations,” said Zavagno speaking to regulators attending the webinar. “Help us help you.”
According to the ASWM website, the U.S. Army Corps of Engineers (Corps) was interested in developing a webinar training series with topics that go beyond what is currently available at the National Interagency Review Team course or in Corps Regulatory Mitigation Workshops. The purpose of the webinars is to develop and provide advanced training materials for current and future Corps regulatory staff engaged in reviewing, approving and monitoring compensatory mitigation.
While
this webinar was supposed to be the last one of the series, Marla Stelk, ASWM
Executive Director, told THI there is one more webinar planned. The last
webinar will be held early next year, and will be on the topic of property interests,
such as water and mineral rights, that may affect mitigation projects.
To hear the entire webinar series go to ASWM’s website.