Wetland Mitigation Banking

The Corps of Engineers' "Federal Guidance for the Establishment, Use and Operation of Mitigation Banks," effective December, 1995, provides a reasonable and efficient mechanism by which entities can implement banks in a timely manner.

This federal guidance created the mitigation banking review team (MBRT), comprised of the U.S. Army Corps of Engineers (Corps), U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Natural Resources Conservation Service, Ohio Department of Natural Resources (ODNR) and Ohio Environmental Protection Agency (Ohio EPA). The Corps serves as team leader of the process and has final decision authority in the drafting of the MBRT agreement, required for all projects.

The following contains, in general terms, the process used by the MBRT:

1. Banker invites MBRT members to site and presents introductory information (USGS topographic map, soil survey and rough conceptual plan);
2. MBRT members, by consensus, agree the site possesses wetland restoration potential;

3. Banking Timeframes: Mitigation bank proposals typically take from 1-2 years from proposal initiation to wetland construction. The timeframe is dependent upon how appropriate the bank's initial design is, whether a Corps of Engineers and Ohio EPA 401 Water Quality Certification are required, whether a long-term manager (take-out partner) has been designated by the banker and whether adjacent landowner issues have been resolved. Once constructed, five years of monitoring are required before banker is released from management of the site. Long-term takeout partner manages bank site in perpetuity.¬ Banker sells credits until all credits are sold.

   Banker submits to agencies detailed information in the preliminary design plan:
   Site description
   Location
   Topographic features
   Mapped soils
   Existing land use
   Presence of federally or state listed rare and endangered species
   Archaeological and historical records
   Wetland delineation of the existing site
   Wetland functional assessment
   Existing wetlands on site
   What the restoration site should become when constructed
   Bank goals and objectives
   Service area (what watersheds can participate in the bank)
   Type and acreage of wetland to be created
   Anticipated category of wetland to be created
   Wetland design
   Baseline conditions
   Soils
   Hydrology (watershed to wetland ratio, hydrologic calculations, water sources and potential drainage impacts to adjacent landowners)
   Vegetation (seeding, planting of wetland plants)
   Site plan (dike heights, tile breaks, cross sections, one-foot contour map, BMPs)
   Site administration
   Methods for determining credits and debits (ratios)
   Long-term management and maintenance plan (including long term manager designation)
   Contingency and remedial actions/responsibilities
   Financial assurances (trust funds for repair, performance bonds)
   Monitoring
   Performance standards (According to OEPA's Wetland Water Quality Standards, the wetland bank must contain wetlands of equal or higher quality than a wetland to be impacted for participation in the bank.)
   Methodology and reporting (photodocumentation, vegetation sampling protocol)
4. MBRT members review information and make suggestions for revisions to plan;
5. Banker makes changes to plan and submits final design plan to the Corps. The Corps publishes a public notice on the establishment of the wetland bank to receive comments from local entities and the Ohio Historical Society;
6. Banker performs archeological survey and historic preservation plans if requested by Ohio Historical Society;
7. The Corps (and Ohio EPA) publish a public notice indicating any streams or wetlands that have to be filled to create the wetland bank (if possible) to receive comments from local entities. They may also hold a public hearing if enough local people are concerned;
8. Banker makes any changes to the plan necessary to alleviate local concerns;
9. Banker submits final design plan with the MBRT agreement to the Corps and agencies;
10. MBRT members sign agreement and banker can start selling up to 30% of the acreage credits to fund construction;
11. Banker sells remaining 70% of acreage credits once wetland is constructed and seeded;
12. MBRT reviews five years of monitoring reports (based on performance standards) and visits site to ensure wetland is functioning;
13. After five years of monitoring, the Corps performs final site walkover and issues letter relieving banker of responsibility;
14. Long-term manager of site assumes perpetual maintenance and management of site once Corps issues final letter. The Corps and OEPA regulate the site in perpetuity as a jurisdictional wetland.