In-Lieu Fee Programs
September 19, 2017
Table of Contents
Eco-Logical Introduction
Slide 1: In-Lieu Fee Programs
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
Slide 2: What is Eco-Logical?
- 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)
Slide 3: The Integrated Eco-Logical Framework (IEF)
- Build and strengthen collaborative partnerships
- Integrate natural environment plans
- Create a Regional Ecosystem Framework (REF)
- Assess effects on conservation objectives
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Partner
Share Data
Analyze Effects
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- Establish and prioritize ecological actions
- Develop crediting strategy
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Identify key sites and actions
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- Develop programmatic consultation, biological opinion, or permit
- Implement agreements, adaptive management, and deliver projects
- Update REF
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Document
Implement
Evaluate
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Slide 4: Mitigation in the IEF (REF)
- 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
Slide 5: Step 6: Develop a Crediting Strategy
- 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.
Slide 6: Contact Information
- 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
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North Carolina DEQ Presentation
Many of the slides in this presentation are branded with North Carolina’s Nothing Compares’ “NC” logo.
Slide 7: Department of Environmental Quality Division of Mitigation Services: Eco-Logical Webinar
Image: Photo of a lighthouse on a flat wetland
Image: Photo of a large city with many buildings
Slide 8: Who We Are…
- 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
Slide 9: What We Do
- 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
Slide 10: Volume of Mitigation
- $1.4 Billion in mitigation credit assets (replacement value)
- 228 Active projects
- 890 Total projects
Slide 11: Our Partners/Customers…
- NC Department of Transportation
- Other Customers
Slide 12: DMS’s Mitigation Programs
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.
Slide 13: Credit Procurement Methods
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
Slide 14: Considerations for a successful In Lieu Fee program?
Image: The slide background is a photograph of a clear shallow stream surrounded by lush vegetation and yellow wildflowers.
Slide 15: Size, Service, Scope
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
Slide 16: The People
Image: Cartoon drawing of four lightning bolts emanating from a brain that is hovering in the air above four people sitting at a table
Slide 17: Managing Costs
- 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.
Slide 18: The Contractual Processes
- 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
Slide 19: Managing Risk
Image: Stack of alphabetical blocks that spell the word “risk”
Image: A green seedling growing out of a stack of coins and transit tokens
Slide 20: Agency Agreement
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.
Slide 21: Long Term Property Management
Image: Aerial photo of a dried stream bed in a rural setting
Slide 22: Site Selection is Important
Image: Google Earth satellite photo of a suburban neighborhood with an inset photograph of an eroded stream embankment
Slide 23: 2008 Federal Mitigation Rule
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.”
Slide 24: The End Game…More Important than the Start
Image: Drawing of a pair of crisscrossed checkered flags
Slide 25: Technology to Manage Costs
Image: Photo of a drone in flight
Image: Photo of a weather-resistant camera used to monitor sites
Slide 26: Any Questions?
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MaineDOT Presentation
Many of the slides in this presentation are branded with the MaineDOT logo.
Slide 27: Blood, Sweat and Tiers: Four years, Three Agencies, Two Funding Sources, and One Endangered Fish Change the World
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
Slide 28: The Winding Road
- The Timeframe: 2013-2017
- The Agencies
- The Funding
- The Fish
Slide 29: Atlantic salmon
Image: Map of Maine with three sections outlined and labeled: Merrymeeting Bay, Penobscot, and Downeast
Slide 30: …mysteriously anadromous
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
Slide 31: Why now?
- 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
Slide 32: Avoiding mediocrity
Image: Three panel Dilbert comic strip about mediocrity
Slide 33: MaineDOT saw…
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…”
Slide 34: The vehicle
Image: Photo of a young Atlantic Salmon in the palm of a hand
Slide 35: What’s covered
- 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
Slide 36: Quality matters
- 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
Slide 37: Translating quality to expectations using science
- 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)
Slide 38: AMMs/BMPs
- 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.
Slide 39: Why mitigate?
Fully accessible structure → 1.2 bank full width + natural substrate
Image: Poster with the words “You can’t always get what you want.”
Slide 40: Why in lieu fee?
- 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)
Slide 41: Barriers?
- 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
Slide 42: The nitty-gritty
| SHRU |
Cost Per Habitat Unit |
| Merrymeeting Bay |
$4855.52 |
| Penobscot |
$3408.02 |
| Down East |
$6346.80 |
Image: Map of Maine with three sections outlined and labeled: Merrymeeting Bay, Penobscot, and Downeast
Slide 43: The Math
Total lineal feet of crossing structures x cost per lineal foot to upgrade to 1.2 bfw (USFWS stream barrier surveys and EFC cost study)
number of blocked rearing habitat units (ATS recovery plan)
| SHRU |
Cost Per Habitat Unit |
| Merrymeeting Bay |
$4855.52 |
| Penobscot |
$3408.02 |
| Down East |
$6346.80 |
Slide 44: 2017-2018-2019 Work Plan
| SHRU |
Estimated In Lieu Fee |
| Merrymeeting |
$111,677 |
| Penobscot |
$112,464 |
| Merrymeeting |
0 |
| Merrymeeting |
$3,046,839 |
| Penobscot |
$6,816 |
| Total |
$3,277,796 |
Slide 45: Still on the table…
- 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
Slide 46: Costs By the Numbers
| Activity |
Cost |
| SHRP2 lead adopter grant award |
$250,000 |
| Maine state highway funding |
$120,000 |
| Overall time investment |
Four years |
| Direct time investment |
1.68 years |
| Design changes |
1.2bfw ~3X cost of in kind replacement |
| Adaptive management |
$5-10,000 per project |
| Crossing design training |
$30,000+ |
| Mitigation |
>$700,000 per year? |
Image: Photo of two gentle streams flowing from small circular culverts in a stone wall
Slide 47: Benefits By the Numbers
| Activity |
Before MAP/ILF |
After MAP/ILF |
| Document length |
50-100 pages |
1 page |
| Biologist preparation |
40 hours |
1-2 hours |
| USFWS Review |
26 weeks average |
1-2 weeks |
| Consultations completed ‘on time’ |
8% |
100% |
| Design changes |
Minimal |
None |
| BMPs |
Added cost/hours |
Incorporated in estimate |
| Mitigation |
Unpredictable |
Incorporated in estimate |
| Habitat Units ‘benefited’ |
0 |
~685 per 3-yr workplan |
| Number of large culverts |
X |
2X |
Image: Photo of a calm stream flowing under a wide rectangular concrete culvert
Slide 48: What moved the mountain?
- 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
Slide 49: 2016 USFWS Recovery Champions Region 5
- 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
Slide 50: Thank you!
Signed Maine’s Salmon & Traveling Public
Image: Reproduction of a painting of two Atlantic Salmon spawning upstream
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