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
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.
