Gilinski on Nutrients

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01.31.2012 Posted in 401 Water Quality Certification, Virginia Stormwater Nutrients, Water Quality Trading

John Preyer and our partner in Virginia, Brent Fults, of the Chesapeake Bay Nutrient Land Trust, visited Duke University and Blue Devil country last week to see well regarded state and national water quality regulator Ellen Gilinski speak on nutrient problems.  She is formerly the Director of the Water Division at the Virginia Department of Environmental Quality (DEQ) and now Senior Policy Advisor at the EPA.  Ellen did not disappoint and gave a fine summary of the challenges and opportunities in water quality and nutrient regulation.

Very good as well to see Duke’s Nicholas School of the Environment place these visiting talks on the web.  Makes parking much easier.

Thar’ She Blows: Condit Dam goes down ugly in Washington State

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10.28.2011 Posted in 401 Water Quality Certification, Dam, dam removal, video

 

As readers know, RS loves blowing up old, useless dams. And apparently so does the federal government. Look here at the Condit Dam recently breeched by the U.S. Fish and Wildlife Service to restore salmon waters in Washington State.

In North Carolina there is much gnashing of regulatory teeth and pulling of agency hair regarding the potential for a dam removal to make the water “turbid” (muddy) for some time during removal. As a result, and with some justification, RS dam removals have been managed with very little sediment released.  We drain the bathtub slooooowly.

Out West this did not appear to be much of a problem. My educated guess is that the sediment release pictured here at the Condit Dam would be considered “catastrophic” in the Old North State (by the same federal government that pulled the plug on Condit).

Each dam removal has its own special constraints and trade-offs. And I do not begrudge the federal sponsors their ability to break a few eggs when making an omelet of the White Salmon River. But it is amazing how one procedure can be employed in one area — and considered horrific in another.

SwampGate: Purchasing nutrients from a wetland bank prohibited by EEP's own rules

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12.8.2009 Posted in 401 Water Quality Certification, double dipping, In-Lieu-Fee Mitigation, interesting articles, NCDWQ, NCEEP, north carolina, stream restoration, Swampgate, Uncategorized, wetland mitigation bank

As an informational update on the brewing controversy concerning the state paying twice for work done once, “Stories from the Field” offers a snippet from the EEP‘s own rule book.  The rule specifically and unequivocally prohibits the dual use of a single mitigation site for wetland and nutrient mitigation, as was done at least once by a private contractor, and perhaps many times by the rule maker themselves:

Ecosystem Enhancement Program:

2.0 DEFINITIONS AND PROJECT REQUIREMENTS TO GENERATE RIPARIAN BUFFER MITIGATION CREDITS.

2.9 Wetland and Buffer Mitigation. Wetland mitigation may not overlap with riparian buffer mitigation. When wetland mitigation is implemented in a riparian zone using buffer restoration techniques that could also generate riparian buffer mitigation, a decision must be made as to which type of credit will be claimed from the project. A specific area on a project can generate either wetland mitigation credits or riparian buffer mitigation credits. Portions of a project can be designated as generating riparian buffer mitigation credits and portions generating wetland credit, but these areas cannot overlap.

2.10 Nutrient Offset and Buffer Mitigation. Nutrient offset mitigation is required to be stand alone mitigation in order to generate nutrient offset mitigation. Any area being used for nutrient offset mitigation cannot be used to generate stream, wetland, or buffer mitigation credits. Similarly any area being used to generate riparian buffer mitigation credits cannot be used to generate nutrient offset mitigation.

SwampGate: News and Observer busts EBX for hitting the punch bowl twice

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12.8.2009 Posted in 401 Water Quality Certification, double dipping, In-Lieu-Fee Mitigation, interesting articles, NCDWQ, new federal mitigation rule, north carolina, stream restoration, Swampgate, wetland mitigation bank

Quite a find on my porch this morning. The state’s paper of record revealed a long-stewing controversy in the obscure but important world of compensatory environmental mitigation policy.  [EBX paid twice for wetlands work, December 8, 2009]  RS’ principal competitor, Environmental Bank and Exchange (EBX), sold nutrient mitigation credits to the North Carolina Ecosystem Enhancement Program subsequent to the site being banked, restored and previously paid for by the North Carolina Department of Transportation for wetland mitigation credit.  In industry parlance –  we call this a “double-dip.”

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Photos: Yet more Bear Creek Wetland Mitigation Bank

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11.19.2009 Posted in 401 Water Quality Certification, Army Corps of Engineers, Bear Creek, NCDWQ, NCEEP, north carolina, Section 404, wetland mitigation, wetland restoration