Thursday, September 02 , 2010

Newsroom

ARTICLES ON MITIGATION BANKING

    The Association supports clarification of Clean Water Act jurisdiction. Click here to read a copy of the August 30, 2010 letter supporting H.R. 5088 which would amend the Clean Water Act. Members who you are interested in providing a letter of support will find a sample template in the Members Only section of the website.

    The Association has asked the Corps and the EPA for an update on the status of grandfathered in-lieu fee programs. Click here to see the Associations' June 10, 2010 letter.

    JoEllen Darcy, Assistant Secretary of Army, Civil Works, presentedthe keynote address at the 2010 Mitigation and Ecosytems Banking Conference May 4, 2010 in Austin, Texas. Ms. Darcy described how the Civil Works and the Regulatory Programs use mitigation banking, including emphasizing the preference for mitigation banking for Civil Works projects. She identified implementation issues for the Mitigation Rule and the ongoing efforts to address them. The speech provides important information about mitigation banking and the Obama Administration's policy towards mitigation banks. The text of Ms. Darcy's remarks is available at the Conference website, http://www.mitigationbankingconference.com/cdrom_10.htm

    The Rock Island District of the Corps has advised mitigation bankers of its policy to give a preference to mitigation banks over permittee mitigation. Click here to read the message and to read the Rock Island District's procurement instructions to mitigation bankers to sell credits to the Corps.

    EPA has released a Guidance Document describing how it will handle Clean Water Act permitting for surface mining. The Guidance is addressed mostly to Section 402 permits, but also addresses Section 404 permits. It includes information on mitigation for stream impacts from the "valley fills" associated with surface mining. The Guidance relies on a Benchmark Study of Conductivity to establish conductivity standards to protect against aquatic impacts. These documents are part of the work EPA that has in progress, under a Memorandum of Understanding with the Corps and other agencies, to address issues surrounding surface mining and water impacts. The issues and information may also be relevant to other stream impacts and stream mitigation.
    While the EPA Guidance will be open for comment until December 2010, the agency is seeking comments on its studies, including the Conductivity Study, within 60 days (likely June 14, 2010.) Members interested in these issues should contact the Board.
    To view the EPA Guidance, click here. To view the Conductivity Study, click here. Click here to read the Association response to General Walsh's March 3, 2010 letter.

The Association has long encouraged the Corps of Engineers to provide access to data and information on wetland permitting and mitigation. While the agencies have been working on data management systems, NMBA remains concerned about the adequacy of the data that is available. The Association joined with 20 other groups on a letter to the Assistant Secretary of the Army urging that data management be improved as soon as possible. Click here for a copy of the March 31, 2010 letter.

 

December 2009: The Next Generation of Mitigation: Linking Current and Future Mitigation Programs with State Wildlife Action Plans and Other State and Regional Plans

 

Winter 2009: Volume 38 - Issue 2, Special Issue on Biodiversity Protection and Mitigation

 

January 2009: Mitigation Path Forward for Hurricane and Storm Damage Risk Reduction System (HSDRRS) - Department of the Army

 

Final Section 7 Consultation Rule Published

 

September 2008: NMBA Comment Letter Filed in Response to the Proposed Rule Changes by USF&WS

 

Sept 2008: Q&A 2008 Mitigation Regulations

 

August 2008: Endangered Species Act - Proposed Rules Modifications

 

August 2008: Pioneering partnership to help restore wildlife habitat in Collier (Naples News, FL)

 

July 2008: Final Corps/EPA Compensatory Mitigation Rule

 

July 2008: Corps Guidance on Jurisdictional Determinations

 

July 2008: Point of View: Royalties and restoration, by George Howard (News & Observer)

 

March 2008: Summary of Final Mitigation Rules, March 31, 2008

 

January 2008: EPA Says Grassy Swales, Barrels, Wetlands Allow Less-Expensive Capture of Stormwater

 

November 2007: Healing a Stream (Greensboro News & Record)

 

October 2007: Mitigation of Impacts to Fish and Wildlife Habitat: Estimating Costs and Identifying Opportunities (Environmental Law Institute)

 

April 2006: 2005 Status Report on Compensatory Mitigation in the United States (Environmental Law Institute)

 

March 2006: New Wetland Mitigation Rules

 

May 2004: Mainstreaming Environmental Markets (Presented by Adam Davis, President, Solano Partners, Inc.)

UPDATES

2007: Mitigation Banking - A Growing Green Industry

 

2007: Support Green Industry

 

2007: Key Issues and Interests

 

2007: We Need Final Mitigation Regulations

 

2007: Society of Wetland Scientists

 

2007: Who We Are

 

July 2003: Stakeholder Forum Update

 

February 2003: NMBA General Update

PRESS RELEASES

2008: CONSISTENT IMPLEMENTATION OF COMPENSATORY MITIGATION RULE COULD LEAD TO REDUCTION IN WETLANDS LOSSES (press release)

May 30, 2001: Rep. Sherwood Boehlert News Release

NEWSLETTERS

Summer 2010: NMBA News

 

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Winter 2010: NMBA News

 

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Exclusive 2009: NMBA News

 

Winter 2008/2009: NMBA News

 

Winter 2008: NMBA News

 

Spring 2007: NMBA News

 

Spring 2006: NMBA News

 

Spring 2005: NMBA News

 

Spring 2004: NMBA News

 

August 2003: NMBA News

 

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December 2002: NMBA News

 

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June 2002: NMBA News

 

December 2001: NMBA News

 

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April 2001: NMBA News

 

November 2000: NMBA News

 

July 2000: NMBA News

TESTIMONY

George Kelly Testifies At Congressional Subcommittee Hearing

 

Click here to read the letter Margaret Strand sent on behalf of NMBA regarding mitigation provisions in WRDA.

Click here to read the list of 27 U.S. Senators and Members of Congress who received the letter.

 

February 26, 2003: NMBA's response to SWANCC-ANPRM (Advanced Notice of Rulemaking on the Clean Water Act Regulatory Definition of "Waters of the United States")

 

December 2002: Senator Russell Feingolds Clean Water Authority Restoration Act

 

Statement of Senator Russell D. Feingold on the Clean Water Authority Restoration Act of 2002

 

January 2002: SWANCC Briefing for the Northeast-Midwest Senate Coalition (Remarks by NMBA Member John Ryan of Land & Water Resources, Inc.)

 

September 2001: Oral Testimony of NMBA Member Michael Rolband of the National Association of Industrial & Office Properties before the Subcommittee on Water Resources & The Environment

 

August 2001: NMBA Comments on Proposal to Reissue & Modify Nationwide Permits (NWPs); (66 Federal Register 42069)

 

April 2001: HR1474 - A bill to amend the Federal Water Pollution Control Act relating to wetlands mitigation banking, and for other purposes

 

December 1997: Oral Testimony of NMBA Member Lew Lautin, Partner & former CEO, Wetlandsbank, Inc. before the Subcommittee on Water Resources and Environment Committee on Transportation and Infrastructure, House of Representatives