Wetland/stream mitigation banks

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 Our team of Virginia Licensed Professional Soil Scientists (LPSS) and Wetland Specialists assesses potential sites to determine their suitability for a wetland or stream mitigation bank. Because establishing a mitigation bank is a complex process with strict criteria, identifying the right site is critical. With our expertise, we can evaluate a property to determine whether it has the necessary characteristics to advance to the next phase of development. 

Creating a wetland mitigation bank that is approved by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality involves a detailed and multi-step regulatory process governed by federal regulations, particularly the 2008 Compensatory Mitigation Rule (33 CFR Parts 325 and 332). This rule sets the framework for how wetlands and other aquatic resources are restored, established, enhanced, or preserved to compensate for authorized impacts to similar resources.

1. Pre-Application Coordination
   The sponsor (an individual, company, or government agency) proposing the mitigation bank initiates early coordination with the Army Corps of Engineers and other members of the Interagency Review Team (IRT), which typically includes representatives from the Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), and relevant state agencies.
    
2. Bank Prospectus Submission
   The sponsor prepares and submits a prospectus, a conceptual document that outlines the proposed bank's objectives, location, ecological suitability, service area, anticipated credits, and management strategy. The Corps reviews the prospectus and provides an opportunity for public and agency comment.
    
3. Interagency Review and Public Comment
   The Corps evaluates the prospectus and may seek feedback from the IRT and the public. Based on this input, the Corps decides whether the project has potential and should proceed to the next stage.
    
4. Mitigation Banking Instrument (MBI)
   If the project advances, the sponsor develops a detailed Mitigation Banking Instrument. The MBI is the legally binding agreement that governs the operation and use of the mitigation bank. It includes comprehensive details on site selection, baseline conditions, mitigation plan (design, construction, and performance standards), monitoring, credit release schedule, long-term management, and financial assurances.
    
5. Review and Approval of the MBI
   The IRT reviews the draft MBI, and revisions may be requested. Once consensus is reached, the Army Corps District Engineer makes the final decision and formally approves the bank through a signed approval letter and finalized MBI.
    
6. Bank Implementation and Credit Release
   After approval, the sponsor implements the mitigation activities. Credits representing ecological improvements can be released for sale according to milestones outlined in the MBI (e.g., site construction, hydrology establishment, vegetation success). Some credits may be available early (advance credits), but most are tied to verified ecological progress.
    
7. Monitoring and Reporting
   The sponsor must conduct ongoing monitoring and submit regular reports to the Corps and IRT to demonstrate the bank is meeting performance standards.
    
8. Long-Term Management and Protection
   Once the bank reaches its ecological goals, it enters a long-term management phase. Legal protections (e.g., conservation easements) and financial mechanisms (e.g., endowments) must be in place to ensure permanent conservation and stewardship.
    
9. Credit Ledger and Sales
   The Corps maintains oversight of the bank’s credit ledger to track credits sold and remaining. Credits are used to offset impacts authorized under Clean Water Act Section 404 permits.
    

Designing and planning a wetland mitigation bank involves a detailed evaluation of the site's natural characteristics to ensure long-term ecological success. The process begins with comprehensive site assessments, including hydrology, soils, topography, vegetation, and surrounding land use. A successful bank design leverages the site's existing natural features—such as native soils, drainage patterns, and hydrologic inputs—to create conditions that support the establishment and sustainability of wetland and stream functions. Using these inherent attributes reduces the need for extensive engineering and enhances ecological performance. The final plan includes grading and planting designs, water control structures if needed, performance standards, and a monitoring and maintenance schedule. Emphasizing natural site features not only improves ecological outcomes but also increases regulatory confidence in the bank’s long-term viability. 

Enviro-Utilities, Inc. has formed partnerships with land owners in creating wetland mitigation banks.   This partnership benefits the land owner in that there is little out of pock costs in creating the bank.   In this partnership the land owner provides the land and Enviro Utilities, Inc. provides soil evaluations, aquifer evaluations, modeling requirements and design needs and permit applications for regulatory approval.

The approval of a wetland mitigation bank by the Reguatory Agencies is a rigorous, collaborative, and legally structured process intended to ensure that compensatory mitigation effectively replaces lost aquatic resource functions and values. It requires coordination with multiple agencies, scientific and financial planning, and long-term commitment to ecological stewardship.