In-Lieu Fee Programs

Eco-Logical Introduction

North Carolina DEQ Presentation

MaineDOT Presentation

Eco-Logical Webinar Series
September 19 ,2017

Presenters

• Tim Baumgartner, North Carolina Department of Environmental Quality
• Judy Gates, Maine Department of Transportation
• Mike Ruth, Federal Highway Administration, Office of Project Development and Environmental Review

Learn more about Eco-Logical at the FHWA website.

Image: Collage of colored photographs of a bridge, a deer, a fish, and a curved rural road from the cover of the Eco-Logical: An Ecosystem Approach to Developing Infrastructure Projects report
Image: The U.S. Department of Transportation logo

• An ecosystem methodology for planning and developing infrastructure projects
• Developed by eight Federal agency partners and four State DOTs
• Collaboration between transportation, resource, and regulatory agencies to integrate their plans and identify environmental priorities across an ecosystem

Images: Logos of the following U.S. agencies: Bureau of Land Management (BLM), Environmental Protection Agency (EPA), Department of Transportation (DOT), National Oceanic and Atmospheric Administration (NOAA), National Park Service (NPS), Army Corps of Engineers (USACE), Department of Agriculture (USDA), Forest Service (USFS), and Fish and Wildlife Service (FWS)

• REF (Step 3) is a cornerstone of the Eco-Logical approach
• By integrating resource data with transportation data, the REF helps transportation and environmental agencies identify joint needs and priorities
• Data in the REF is used to build a mitigation approach
  • Identify sites
  • Set priority sites
• Mitigation approaches can help implement and organize the needs and priorities identified through the REF

• Step 6 seeks to integrate tools and strategies for environmental crediting into the Eco-Logical process.
• In-Lieu Fee (ILF) mitigation is one type of mitigation that can be used to compensate for unavoidable impacts. In this approach to mitigation, a permittee pays a fee to a third party instead of conducting project-specific mitigation or buying credits from a mitigation bank.

• Tim Baumgartner, Director, Division of Mitigation Services, North Carolina DEQ
  (919) 707-8543 tim.baumgartner@ncdenr.gov
• Judy Gates, Director, Environmental Office, MaineDOT
  (207) 624-3100 Judy.Gates@maine.gov
• Mike Ruth, Ecologist, FHWA Office of Project Development and Environmental Review
  (202) 366-9509 mike.ruth@dot.gov

Image: Photo of a lighthouse on a flat wetland
Image: Photo of a large city with many buildings

• Mission Statement: Provide cost-effective mitigation alternatives that benefit North Carolina’s water resources.
• * Fee based – No appropriated funds.
• Began in…
  • 1997 - Wetlands Restoration Program
  • 2003 - Ecosystem Enhancement Program
  • 2016 - Division of Mitigation Services

• Supports transportation and development:
  • Cost controls
  • Regulatory acceptance
• Compensatory Mitigation for stream, wetland, nutrient offset, and riparian buffer
• Leverages mitigation investments to the benefit of the state’s natural resources
• Partners
  • Landowners
  • Contractors
  • Investors
  • Engineers
  • Cities & Counties

Image: Photo of a calm river in the woods
Image: Photo of a construction crew with a backhoe constructing a barrier with dirt
Image: Photo of a fisherman baiting his pole while standing on large rocks alongside a swift-running river
Image: Photo of two men in a large green, grassy field

• $1.4 Billion in mitigation credit assets (replacement value)
• 228 Active projects
• 890 Total projects

• NC Department of Transportation
  • Advanced Mitigation
• Other Customers
  • Small Impacts
  • Developers

Image: Diagram of four circles (“ Riparian Buffer ILF,” “Nutrient Offset ILF,” “Statewide Stream & Wetland ILF,” and “NCDOT Stream & Wetland ILF”) surrounding a larger circle (“DMS”). The smaller circles have arrows pointing from them to the larger circle.

Image: Diagram of a four-tiered upside-down pyramid, labeled from top to bottom: Mitigation Bank Credits, Full Delivery, Design Build, and Design Bid Build

Image: The slide background is a photograph of a clear shallow stream surrounded by lush vegetation and yellow wildflowers.

Image: Cartoon drawing of the words “big” and “small,” sized accordingly
Image: Cartoon drawing of two men playing tug-of-war with a bag of money, atop a pile of bags of money

Image: Cartoon drawing of four lightning bolts emanating from a brain that is hovering in the air above four people sitting at a table

• Mitigation Costs
  • Project Costs
    • Land
    • Design
    • Construction
    • Monitoring
    • Stewardship
  • Admin Costs
  • Inventory Overhead

Image: Drawing showing various costs funneling down to “Mitigation Costs.” The costs are listed above.

• Mitigation Bank Credits
• Full Delivery
• Design Build
• Design Bid Build

Image: Cartoon image of a contract document
Image: Diagram of a four-tiered upside-down pyramid, labeled from top to bottom: Mitigation Bank Credits, Full Delivery, Design Build, and Design Bid Build

Image: Stack of alphabetical blocks that spell the word “risk”
Image: A green seedling growing out of a stack of coins and transit tokens

Image: Two photos with a large “vs” between them. The first shows a site that is unmitigated: the stream is not flowing naturally, there are few trees, and the earth is in piles. The second shows a site that is mitigated: the stream flows, there are trees lining the stream bank, and the earth piles have been leveled out.

Image: Aerial photo of a dried stream bed in a rural setting

Image: Google Earth satellite photo of a suburban neighborhood with an inset photograph of an eroded stream embankment

Image: Two drawings with a large “vs” between them. The first is a group of circles enclosed by a rectangle and is labeled “Programmatic.” The second is a group of circles which is not enclosed and is labeled “Case by Case.”

Image: Drawing of a pair of crisscrossed checkered flags

Image: Photo of a drone in flight
Image: Photo of a weather-resistant camera used to monitor sites

Tim Baumgartner, Director
NC Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
919-707-8543
https://deq.nc.gov/about/divisions/mitigation-services

Judy Gates, Director
MaineDOT Environmental Office
September 19, 2017

Image: Reproduction of a water color painting of a cross section of a whitewater river showing Atlantic Salmon below the water’s surface and spawning up river

• The Timeframe: 2013-2017
• The Agencies
  • FHWA
  • USFWS
  • MaineDOT
• The Funding
  • SHRP2
  • Maine Highway Fund
• The Fish

Image: Map of Maine with three sections outlined and labeled: Merrymeeting Bay, Penobscot, and Downeast

Image: Image showing the stages of life of an Atlantic Salmon: eggs, fry, parr, smolts, and adult
Image: Map of the North Atlantic showing the migration of the Atlantic Salmon from New England to Newfoundland to Greenland and back

• Missing “Capstone” performance measures: ≥85% on time & ≥90% on budget
• Consultation overload: 50 needed vs. 7 completed
• “Pushing back\” led to strained relationships inside and out
• Staff caught in the middle = stress

Image: Three panel Dilbert comic strip about mediocrity

Image: Computer-generated image of a boy with his finger in a dike, labeled “MaineDOT saw…”
Image: Photo of a young man dousing his face with a strong stream of water from a hose, labeled “USFWS saw…”

Image: Photo of a young Atlantic Salmon in the palm of a hand

• Stream Crossing Replacements
• Bridge Removal
• Culvert End Resets/Extensions
• Bridge Scour Countermeasures
• Bridge Maintenance: Grout Bag Installation and Concrete Repair
• Temporary Work Access and Temporary Bridges
• Invert Line and Slipline Culvert Rehabilitation
• Pre-project Geotechnical Drilling

Image: Photo of rocks in a culvert under a bridge

• Tier 1 Habitat:
  DPS (Distinct Population Segment), critical habitat or likelihood of species presence
• Tier 2 Habitat:
  DPS but presence unlikely
• Tier 3:
  not within DPS

Image: Map of Maine shaded to show Atlantic Salmon DPS and Critical Habitat with arrows pointing to the three Tiers listed above

• Tier 1:
  1.2 x bank full width + habitat connectivity design + AMMs (Avoidance and Minimization Measures)
  NO invert or slip lining
• Tier 2:
  1.0 x bank full width + mitigation + AMMs
• Tier 3:
  BMPs

Image: Same map and arrows as in previous slide, with different Tier details listed (above)

• Hydro-acoustic monitoring
• Habitat connectivity design

Image: Photo of a construction crew installing a new round cement culvert
Image: Photo of a calm, shallow stream under a bridge
Image: Photo of a bridge being constructed over water. There are five large poles being drilled into the ground that will support the bridge.

Fully accessible structure → 1.2 bank full width + natural substrate

Image: Poster with the words “You can’t always get what you want.”

• State-wide emphasis on repairing stream barriers
• Acknowledgement that ideal isn’t always possible
• Letting the experts decide on restoration
• Synergy with US Army Corps of Engineers
• Successful track record wetland in lieu fee program
  (Maine Natural Resource Conservation Program)

• Roadblock: ILF sponsor can’t be a federal agency or applicant
  Solution: recruit Maine DMR
• Roadblock: No head count
  Solution: transfer position from MaineDOT mid-stream
• Roadblock: Not the right fit
  Solution: change job classification
• Roadblock: Empty bank account
  Solution: Lots of math!

Image: Photo of Atlantic Salmon swimming across a flooded road

Image: Map of Maine with three sections outlined and labeled: Merrymeeting Bay, Penobscot, and Downeast

• Can in lieu fees be prorated?
  (SHRUs accessible post-project - SHRUs accessible pre-project) x Z habitat unit cost
• Re-scope project or pay in lieu fees?
• Is Habitat Connectivity Design effective enough?
• Will ability to deliver offset increased costs?

…Stay tuned!!

Image: Drawing of an Atlantic Salmon

Image: Photo of two gentle streams flowing from small circular culverts in a stone wall

Image: Photo of a calm stream flowing under a wide rectangular concrete culvert

• A committed advocate
• FHWA support
• An engaged resource agency
• Several benevolent experts
• Quantified tradeoffs
• Reasonably positive attitudes
• A shift at MaineDOT

Image: Line drawing of two stick figures, one sitting and one carrying a mountain

• Cindy Callahan, FHWA biologist
• Patrick Dockens, USFWS liaison
• Judy Gates, MaineDOT ENV Director
• Cassie Chase, FHWA ENV Engineer
• David Bernhardt, MaineDOT Commissioner
• Joyce Taylor, MaineDOT Chief Engineer
• Anna Harris, USFWS Field Office Director
• Christopher DeVore, USFWS liaison
• Eric Ham, MaineDOT biologist

Missing:

• Kristen Chamberlain
• David Gardner
• Peter Lamothe
• Paul Pfifer
• Glenn Smith
• Cheryl Martin…

Image: Photo of the 2016 Region 5 USFWS Recovery Champions

Signed Maine’s Salmon & Traveling Public

Image: Reproduction of a painting of two Atlantic Salmon spawning upstream