You can copy from here when filling out the rest of the page.
PROPOSED LAUREL VALLEY COASTAL MITIGATION BANK AMENDMENT ONE
IN LAFOURCHE PARISH
NAME OF APPLICANT: Delta Land Services, LLC, 1090 Cinclare Drive, Port Allen, Louisiana 70767.
LOCATION OF WORK: The project area is located in Sections 29, 30, 72 and 74, Township 14 South, Range 17 East in Lafourche Parish, approximately 4 miles north of LA Highway 1 in Thibodaux, Louisiana. (LAT 29.826758° Long: -90.769511°).
CHARACTER OF WORK: The Sponsor proposes expansion of a wetland mitigation bank to incorporate an additional 247.7 acres. The proposed expansion includes approximately 159.2 acres of bottomland hardwood and 66.9 acres cypress swamp re-establishment, rehabilitation, and enhancement. The Sponsor proposes to restore the hydrology at the project area by degrading an external levee and backfilling the adjacent borrow canal. The Sponsor will reforest the site with an assemblage of species indicative of bottomland hardwood and baldcypress swamp wetland forests in this area. Additional details of the proposed restoration plan are attached for review in the mitigation banking instrument.
JOINT PUBLIC NOTICE
July 27, 2015
United States Army
Corps of Engineers
New Orleans District
Regulatory Branch
Post Office Box 60267
New Orleans, Louisiana 70160-0267
State of Louisiana
Department of Environmental Quality
ATTN: Water Quality Certifications
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
(504) 862-1938
Brian.W.Breaux@usace.army.mil
Project Manager
Brian Breaux
Permit Application Number
MVN 2015-01489 MB
(225) 219-3225
Project Manager
Elizabeth Hill
WQC Application Number
WQC 150720-02
Interested parties are hereby notified that a permit application has been received by the New
Orleans District of the U.S. Army Corps of Engineers pursuant to: [X] Section 10 of the Rivers and
Harbors Act of March 3, 1899 (30 Stat. 1151; 33 USC 403); and/or [X] Section 404 of the Clean
Water Act (86 Stat. 816; 33 USC 1344).
Application has also been made to the Louisiana Department of Environmental Quality, Water
Quality Certifications, for a Water Quality Certification (WQC) in accordance with statutory authority
contained in LRS30:2047 A(3), and provisions of Section 401 of the Clean Water Act (P.L.95-17).
PROPOSED LAUREL VALLEY COASTAL MITIGATION BANK AMENDMENT ONE
IN LAFOURCHE PARISH
NAME OF APPLICANT: Delta Land Services, LLC, 1090 Cinclare Drive, Port Allen, Louisiana
70767.
LOCATION OF WORK: The project area is located in Sections 29, 30, 72 and 74, Township 14
South, Range 17 East in Lafourche Parish, approximately 4 miles north of LA Highway 1 in
Thibodaux, Louisiana. (LAT 29.826758° Long: -90.769511°).
CHARACTER OF WORK: The Sponsor proposes expansion of a wetland mitigation bank to
incorporate an additional 247.7 acres. The proposed expansion includes approximately 159.2 acres
of bottomland hardwood and 66.9 acres cypress swamp re-establishment, rehabilitation, and
enhancement. The Sponsor proposes to restore the hydrology at the project area by degrading an
external levee and backfilling the adjacent borrow canal. The Sponsor will reforest the site with an
assemblage of species indicative of bottomland hardwood and baldcypress swamp wetland forests in
this area. Additional details of the proposed restoration plan are attached for review in the mitigation
banking instrument.
The comment period for the Department of the Army Permit and the Louisiana Department of
Environmental Quality WQC will close 30 days from the date of this joint public notice. Written
comments, including suggestions for modifications or objections to the proposed work, stating
reasons thereof, are being solicited from anyone having interest in this permit and/or this WQC
request and must be mailed so as to be received before or by the last day of the comment period.
Letters concerning the Corps of Engineers permit application must reference the applicant's name
and the Permit Application Number, and be mailed to the Corps of Engineers at the address above,
ATTENTION: REGULATORY BRANCH. Individuals or parties may request an extension of time
in which to comment on the proposed work by writing or e-mailing the Corps of Engineers
Project Manager listed above. Any request must be specific and substantively supportive of
the requested extension, and received by this office prior to the end of the initial comment
period. The Section Chief will review the request and the requestor will be promptly notified of
the decision to grant or deny the request. If granted, the time extension will be continuous to
the initial comment period and, inclusive of the initial comment period, will not exceed a total
of 30 calendar days.
The application for this proposed project is on file with the Louisiana Department of Environmental
Quality and may be examined during weekdays between 8:00 a.m. and 4:30 p.m. Copies may be
obtained upon payment of costs of reproduction.
Corps of Engineers Permit Criteria
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts of the proposed activity on the public interest. That decision will reflect
the national concern for both protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal must be balanced against its reasonably
foreseeable detriments. All factors which may be relevant to the proposal will be considered including
the cumulative effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards,
floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership and, in general, the needs and welfare of the people.
The U.S. Army Corps of Engineers is soliciting comments from the public, federal, state, and local
agencies and officials, Indian Tribes, and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the U.S. Army
Corps of Engineers to determine whether to make, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
The New Orleans District is unaware of properties listed on the National Register of Historic
Places near the proposed work. The possibility exists that the proposed work may damage or
destroy presently unknown archeological, scientific, prehistorical, historical sites, or data. Issuance of
this public notice solicits input from the State Archeologist and State Historic Preservation Officer
regarding potential impacts to cultural resources.
Our initial finding is that the proposed work would not affect any species listed as endangered by
the U.S. Departments of Interior or Commerce, nor affect any habitat designated as critical to the
survival and recovery of any endangered species. Utilizing Standard Local Operating Procedure for
Endangered Species in Louisiana (SLOPES), dated October 22, 2014, between the U.S. Army
Corps of Engineers, New Orleans and U.S. Fish and Wildlife Service, Ecological Services Office,
the Corps has determined that the proposed activity would have no effect on any listed species.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the MagnusonStevens Fishery Conservation and Management Act. The applicant's proposal would result in the
destruction or alteration of 0.0 acres of EFH utilized by various life stages of red drum and penaeid
shrimp. Our initial determination is that the proposed action would not have a substantial adverse
impact on EFH or federally managed fisheries in the Gulf of Mexico. Our final determination relative
to project impacts and the need for mitigation measures is subject to review by and coordination with
the National Marine Fisheries Service.
If the proposed work involves deposits of dredged or fill material into navigable waters, the
evaluation of the probable impacts will include the application of guidelines established by the
Administrator of the Environmental Protection Agency. Also, a certification that the proposed activity
will not violate applicable water quality standards will be required from the Department of
Environmental Quality, Water Quality Certifications, before a permit is issued.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider this application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing.
The applicant has certified that the proposed activity described in the application complies with
and will be conducted in a manner that is consistent with the Louisiana Coastal Resources Program.
The Department of the Army permit will not be issued unless the applicant received approval or a
waiver of the Coastal Use Permit by the Department of Natural Resources.
You are requested to communicate the information contained in this notice to any other parties
whom you deem likely to have interest in the matter.
Martin S. Mayer
Chief, Regulatory Branch
Enclosure
LAUREL VALLEY COASTAL MITIGATION BANK
BANKING INSTRUMENT
AMENDMENT ONE
Based on the 2013 CEMVN Template
A Baldcypress Swamp and Bottomland Hardwood Re-establishment,
Rehabilitation and Enhancement Project
Lafourche Parish, Louisiana
Sponsored By:
Delta Land Services, LLC
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
TABLE OF CONTENTS
I. PURPOSE OF MBI ..................................................................................................... 4
II. LOCATION AND OWNERSHIP OF BANK PROPERTY (PROPERTY) ..................... 4
A. Property Location ................................................................................................... 4
B. Property Ownership................................................................................................ 4
C. Property Legal Definition ........................................................................................ 4
D. Recorded Liens, Encumbrances, Easements, Servitudes or Restrictions.............. 6
III. RESPONSIBILITIES OF PARTIES............................................................................ 6
IV. GOALS AND OBJECTIVES ...................................................................................... 6
V. PERFORMANCE STANDARDS ............................................................................... 6
VI. MONITORING PLAN AND REPORTING PROTOCOLS .......................................... 7
VII. CONTINGENCIES AND REMEDIAL ACTIONS....................................................... 7
VIII. INSPECTION BY IRT AND HOLDER ..................................................................... 7
IX. FUNDING .................................................................................................................. 7
A. Construction and Establishment (C&E) Funds ....................................................... 7
B. Long Term Maintenance/Management Funds ........................................................ 8
X. LONG-TERM PROTECTION AND MAINTENANCE................................................. 8
A. Conservation Servitude .......................................................................................... 8
B. The Long-term Maintenance Plan .......................................................................... 8
XI. BANK USE ................................................................................................................ 9
A. Bank Service Area.................................................................................................. 9
B. Projects Eligible to Use the Bank ........................................................................... 9
C. Determination of Bank Credits ............................................................................... 9
D. Schedule of Credit Availability ................................................................................ 9
E. Credit Transactions ................................................................................................ 9
F. Requirements for Initial Credit Release ................................................................ 11
G. Subsequent Credit Releases ............................................................................... 12
XII. MODIFICATION OF THIS MBI ............................................................................... 12
A. Minor Modification to MBI ..................................................................................... 12
B. Major Modifications to the MBI ............................................................................. 12
C. Termination of This MBI ....................................................................................... 14
D. Termination of Participation ................................................................................. 15
XIII. TRANSFER OF PROPERTY OR SPONSORSHIP ............................................... 15
A. Transfers of Bank Property .................................................................................. 15
B. Transfer of Sponsorship ....................................................................................... 15
XIV. ESTABLISHMENT OF STEWARD ....................................................................... 16
XV. BANK LIFE ............................................................................................................ 16
XVI. OTHER PROVISIONS ........................................................................................... 16
A. Disclaimer and Notice. ......................................................................................... 16
B. Warranties and Representations of Owner/Sponsor/Holder. ................................. 16
C. Compliance with Laws. ......................................................................................... 16
D. Non-reporting NWP. ............................................................................................. 17
E. Dispute Resolution. .............................................................................................. 17
F. Overall Performance............................................................................................. 17
G. Specific Language of MBI Shall Be Controlling. ................................................... 17
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Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
H. Notice. .................................................................................................................. 18
I. Invalid Provisions. .................................................................................................. 19
J. Headings and Captions......................................................................................... 19
K. Counterparts......................................................................................................... 19
L. Binding. ................................................................................................................. 20
M. Liability of Regulatory Agencies. .......................................................................... 20
XVII. Signature pages.................................................................................................. 21
XVIII. Attachments ....................................................................................................... 25
Attachment A -Maps .................................................................................................... 25
Attachment B-Title Information .................................................................................. 26
Attachment C-Mitigation Work Plan .......................................................................... 27
Attachment D-Acceptance Letter ............................................................................... 28
Attachment E-DNR attachment (If appropriate) ........................................................ 29
Page 3 of 29
MITIGATION BANKING INSTRUMENT
Laurel Valley Coastal Mitigation Bank Amendment One
This Mitigation Banking Instrument (MBI) establishing Amendment One of the
Laurel Valley Coastal Mitigation Bank (Bank) is made and entered into by and among
Delta Land Services, LLC (Sponsor), Laurel Valley Mitigation, LLC (Owner) and the
Interagency Review Team (IRT) composed of the U.S. Army Corps of Engineers New
Orleans District (CEMVN), the Louisiana Department of Natural Resources (LDNR),
Region VI of the U.S. Environmental Protection Agency (EPA), the U.S. Fish and
Wildlife Service (FWS), and the Louisiana Department of Wildlife and Fisheries (LDWF).
This MBI is a binding agreement among the parties and incorporates the detailed
Mitigation Work Plan (MWP) and any other specified attachments to this MBI as a part
hereof.
I. PURPOSE OF MBI
The purpose of the MBI remains as defined in Section I of the May 16, 2015 MBI.
II. LOCATION AND OWNERSHIP OF BANK PROPERTY (PROPERTY)
A. Property Location
The property location is described in Section I of the MWP.
B. Property Ownership
The property ownership (Owner) remains as defined in the May 16, 2015 MBI.
C. Property Legal Definition
A certain parcel of land, designated as "Laurel Valley Coastal Mitigation Bank,
Amendment One" located in Sections Twenty Nine (29), Thirty (30), Seventy-Two (72)
and Seventy-Four (74), Township Fourteen South (T-14-S), Range Seventeen East (R17-E), Southeastern Land District, West of the Mississippi River, Parish of Lafourche,
State of Louisiana, containing 10,788,723 Sq. Ft. (247.675 Acres), together with all
buildings and improvements thereon, and all of the rights, ways, privileges, servitudes,
prescriptions, advantages and appurtenances thereunto belonging, or in anywise
appertaining, situated as stated above and more fully described as follows:
Commencing at a point (P.O.C.) being a calculated point being on the Westerly
right-of-way limits of Laurel Valley Plantation Road and having a State Plane Coordinate
of North 484077.65 feet, East 3463544.81 feet; thence South 73°10'05" West (Title
Bearing: South 73°10'05" West) a distance of 350.14 feet (Title Dimension: 350.14 feet)
to a calculated point; thence South 16°30'10" West (Title Bearing: South 16°30'10"
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
West) a distance of 30.57 (Title Dimension: 30.57 feet) feet to a calculated point; thence
South 3°19'11" West (Title Bearing: South 3°19'11" West) a distance of 36.80 feet (Title
Dimension: 36.80 feet) to a calculated point: thence South 2°40'31" West (Title Bearing:
South 2°40'31" West) a distance of 54.20 feet (Title Dimension: 54.20 feet) to a
calculated point; thence South 15°54'42" West (Title Bearing: South 15°54'42" West) a
distance of 40.63 feet (Title Dimension: 40.63 feet) to a calculated point; thence South
37°32'46" West (Title Bearing: South 37°32'46" West) a distance of 42.49 feet (Title
Dimension: 42.49 feet) to a calculated point; thence South 75°24'23" West (Title
Bearing: South 75°24'23" West) a distance of 36.75 feet (Title Dimension: 36.75 feet) to
a calculated point; thence South 86°27'14" West (Title Bearing: South 86°27'14" West)
a distance of 161.60 feet (Title Dimension: 161.60 feet) to a calculated point; thence
North 87°41'47" West (Title Bearing North 87°41'47" West) a distance of 55.23 (Title
Dimension: 55.23 feet) feet to a calculated point being the Point of Beginning (P.O.B.);
thence South 1°30'59" West a distance of 81.63 feet to a calculated point; thence
South 18°54'41" East a distance of 81.02 feet to a calculated point; thence South
34°41'03" West a distance of 2139.98 feet to a calculated point; thence South 87°03'46"
West a distance of 125.09 feet to a calculated point; thence South 28°22'23" West a
distance of 27.57 feet to a calculated point; thence North 72°21'54" West a distance of
2621.70 feet to a calculated point; thence South 26°31'24" West a distance of 27.71 feet
to a calculated point; thence North 73°06'24" West a distance of 92.40 feet to a
calculated point; thence South 25°18'56" West a distance of 1094.59 feet to a
calculated point; thence South 24°17'20" West a distance of 896.54 feet to a calculated
point; thence South 22°44'44" West a distance of 110.11 feet to a calculated point;
thence North 61°12'44" West (Title Bearing: North 61°12'44" West) a distance of
1282.82 feet to a calculated point; thence North 68°19'01" West (Title Bearing: North
68°19'01" West) a distance of 22.36 feet (Title Dimension: 22.36 feet) to a calculated
point; thence North 21°59'48" East (Title Bearing: North 21°59'48" East) a distance of
2722.88 feet (Title Dimension: 2722.88 feet) to a calculated point; thence North
22°10'06" East (Title Bearing: North 22°10'06" East) a distance of 1436.00 feet (Title
Dimension: 1436.00 feet) to a calculated point; thence South 1°27'03" East a distance
of 178.96 feet to a calculated point; thence South 86°16'26" East a distance of 105.17
feet to a calculated point; thence North 78°18'18" East a distance of 28.59 feet to a
calculated point; thence North 55°50'56" East a distance of 29.68 feet to a calculated
point; thence South 4°36'58" East a distance of 43.69 feet to a calculated point; thence
South 21°20'59" East a distance of 156.69 feet to a calculated point; thence South
33°39'22" East a distance of 183.24 feet to a calculated point; thence South 59°06'25"
East a distance of 1070.75 feet to a calculated point; thence South 61°48'44" East a
distance of 620.59 feet to a calculated point; thence South 65°39'14" East a distance of
89.12 feet to a calculated point; thence South 45°10'55" East a distance of 66.24 feet to
a calculated point; thence South 84°58'14" East a distance of 108.58 feet to a
calculated point; thence North 82°27'14" East a distance of 26.51 feet to a calculated
point; thence North 89°42'58" East a distance of 447.08 feet to a calculated point;
thence South 75°27'34" East a distance of 39.29 feet to a calculated point; thence North
86°57'24" East a distance of 348.12 feet to a calculated point; thence North 89°42'54"
East a distance of 435.40 feet to a calculated point; thence North 81°33'22" East a
Page 5 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
distance of 47.23 feet to a calculated point; thence North 89°42'51" East a distance of
444.15 feet to a calculated point; thence North 88°41'41" East a distance of 377.01 feet
to calculated point; thence South 80°58'54" East a distance of 41.45 feet to a calculated
point; thence South 87°41'55" East a distance of 164.39 feet to a calculated point being
the point of beginning (P.O.B.).
D. Recorded Liens, Encumbrances, Easements, Servitudes or Restrictions
Clear and merchantable title to the Property has been documented by a title
report/opinion (Attachment B) generated by the Law Offices of Jewell & Jewell on
January 22, 2015 and will be updated two weeks prior to execution of the
conservation servitude. There is an exception to the real estate title which will result
in 2.6 acres that are not subordinate to the conservation servitude as described in
Section X.A of this MBI. This acreage includes a pipeline rights-of-way and associated
appurtenances within the LVCMB Amendment One area. Although this acreage will be
part of the overall conservation servitude area, no mitigation credit is being assessed
from this acreage and the existence of these features is factored into the credit
assessment model for any potential negative influences these features may have.
Should these exceptions be terminated in the future, the conservation servitude would
become the dominant instrument over these specific acres.
A portion of the Property is included in a Spoil Disposal Easement granted by
Laurel Valley Sugars, Inc. to the United States of America on June 29, 1934 for the
construction, improvement and maintenance of Bayou Lafourche (Attachment B). The
Spoil Disposal Easement states that no spoils will be deposited over any portion of the
property under cultivation, unless requested to do so by the grantor. On June 9, 2015,
the CEMVN determined the use of the Property for the purpose of establishing a
mitigation bank qualifies as cultivation therefore Laurel Valley Mitigation, LLC (Owner) is
exercising a right that was reserved under the terms of the Spoil Disposal Easement
(Attachment B).
III. RESPONSIBILITIES OF PARTIES
The responsibilities of the parties are as described in Sections III. A through E of
the May 16, 2015 MBI.
IV. GOALS AND OBJECTIVES
Goals, objectives and contributions to overall watershed/regional functions
provided by the LVCMB Amendment One are described in Section II of the MWP
(Attachment C).
V. PERFORMANCE STANDARDS
Performance standards used to measure the success of the Bank are described
in Section VIII of the MWP (Attachment C).
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Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
VI. MONITORING PLAN AND REPORTING PROTOCOLS
Monitoring and reporting remain as defined in Sections VI.A and VI.B of the May
16, 2015 MBI. Monitoring and Reporting requirements are established in Section IX
and Section X of the MWP, respectively (Attachment C).
VII. CONTINGENCIES AND REMEDIAL ACTIONS
Contingencies and Remedial Actions remain as defined in Section VII.A through
Section VII.E of the May 16, 2015 MBI. The Adaptive Management Plan is defined in
Section XII of the MWP (Attachment C).
VIII. INSPECTION BY IRT AND HOLDER
Inspection provisions remain as defined in the May 16, 2015 MBI.
IX. FUNDING
A. Construction and Establishment (C&E) Funds
1. PURPOSE
The Sponsor agrees to provide Financial Assurances sufficient to ensure
satisfactory completion of the work described in the MWP (Attachment C) and the
Adaptive Management Plan (Section XII of the MWP). The Sponsor further agrees to
establish a Construction and Establishment (C & E) financial assurance to ensure the
availability of sufficient funds to perform work required to attain long-term success
criteria.
2. ESTIMATE OF FUNDS REQUIRED
Section XIV of the MWP outlines the method of assessing initial construction
costs and ongoing management funds required for a third party to construct or manage
and monitor the lands through the first 15 years for forested systems. Summaries of the
construction costs, establishment costs, and itemization sheets will be provided as
Attachment B of the MWP.
3. C & E FUNDING MECHANISM
The Sponsor is establishing the Construction and Establishment (C & E) financial
assurance to assure sufficient funds are available to perform work required to construct
and maintain the Bank through successful attainment of long term success criteria. An
assessment of the initial and capital costs and ongoing management funds required to
manage and monitor the Bank is included in the MWP and provides an estimate of work
and cost requirements for construction and establishment of the Bank through
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Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
achievement of long term success criteria. The funding information for this account is
provided in Section XIV (Funding) of the MWP.
4. C & E FINANCIAL ASSURANCES:
a. The sponsor shall provide copies of annual status of the financial assurances to
CEMVN upon request and/or in their monitoring reports.
b. The financial assurances shall guarantee payment to a third party, as determined
appropriate by the CEMVN, in consultation with the IRT, in the event that the Sponsor
does not fulfill its obligations to perform, as specified in this MBI.
c. Payment to Sponsor, or if necessary, to a third party as identified by CEMVN, of a
specified amount of the financial assurances shall be made upon written notification by
CEMVN to the financial institution.
5. C & E RELEASE SCHEDULE
The Financial Assurances shall be reduced as success criteria are achieved and
the probability decreases that those funds would be needed, according to the schedule
as shown in Section XIV C. of the MWP.
B. Long Term Maintenance/Management Funds
To ensure long-term sustainability of the resource, the Sponsor will describe the
Maintenance/Management Funds needed in Section XIV of the MWP (Attachment C) of
this MBI.
1. ANNUAL COST ESTIMATES FOR LONG-TERM NEEDS 1
The cost of long-term management for years 16 to 50 and adjusted for inflation
every five years is discussed in the Section XIV of the MWP.
2. LONG-TERM MAINTENANCE AND PROTECTION FUNDING MECHANISM
The Sponsor shall establish a Long-Term Maintenance and Protection Fund as
discussed in Section XIV of the MWP.
X. LONG-TERM PROTECTION AND MAINTENANCE
All provisions regarding the conservation servitude are defined in Section X.A of
the May 16, 2015 MBI. The Long-Term Maintenance Plan is outlined in the MWP
(Attachment C). The funding of long-term maintenance is described in Section XIV.B of
the MWP (Attachment C).
1
The deposit value per credit acre must reflect, at a minimum, the total fund value divided by no more than 90% of
anticipated credits.
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Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
XI. BANK USE
Provisions governing bank use remain as defined in Section XI of the May 16,
2015 MBI unless otherwise stated below.
A. Bank Service Area
The Bank Service Area remains as defined in Section XI. A of the May 16, 2015
MBI.
B. Projects Eligible to Use the Bank
Provisions for projects eligible to use the bank remain as defined in Section XI.B of
the May 16, 2015 MBI.
C. Determination of Bank Credits
To determine the amount of acres required to offset a particular impact to
wetlands, CEMVN will use either best professional judgment or a CEMVN approved
assessment method to determine the number of credits per acre available at the bank
and the number of credits lost as a result of an impact. The same assessment method
will be used to calculate both credits available and credits lost.
Credit Determination is tied to the ecological restoration and/or enhancement
outlined in the MWP (Attachment C. Section XI).
D. Schedule of Credit Availability
Credit release is tied to achieving all the milestones within the success criteria
at specific monitoring times as outlined in the Section VII of the MWP.
E. Credit Transactions
1. STIPULATIONS REGARDING THE SALE OF CREDITS
a. By entering the transaction into the Regulatory In-lieu Fee & Bank Information
Tracking System (RIBITS), the Sponsor acknowledges and agrees to assume legal
responsibility for the permittee's compensatory mitigation requirements identified in a
permittee's DA permit. Immediately following this entry, the Sponsor will provide signed
documentation (Attachment E) that confirms that he has accepted the legal
responsibility for providing the required compensatory mitigation. In so doing, the
Sponsor acknowledges that he has agreed to accept the legal responsibility for the
establishment, long-term management, maintenance, monitoring and protection of the
restored wetlands represented by the transferred credits. If the Sponsor fails to provide
the required compensatory mitigation, CEMVN may pursue enforcement measures
Page 9 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
against the Sponsor to ensure compliance with the mitigation requirements of the
Department of the Army Permit (DA Permit).
b. For each credit transaction the Sponsor shall complete and sign the written
declaration (Attachment E) that the Sponsor accepts the responsibility to provide the
compensatory mitigation required by the permittee's DA Permit. The declaration is to
include the DA Permit number and is to specify the number and resources type(s) of
credits that the Sponsor has transferred. The Sponsor will forward the declaration to
CEMVN the same date it enters the transaction information into RIBITS.
c. Prior to the sale of credits, the Sponsor shall contact the CEMVN project manager for
DA Permit transactions to obtain approval to sell credits and to verify acreage
requirements and necessary ledger information. Where a credit transaction is not
related to a CEMVN DA Permit, the Sponsor must contact the CEMVN bank project
manager for approval to sell those credits. Sale will generally be approved unless there
is a DA Permit pending that proposes to use all or part of the requested credits. A credit
transaction for a CEMVN DA Permit will take precedence over all other credit
transactions. CEMVN will provide written confirmation of its decision.
d. The Sponsor shall not commit to providing mitigation that is not available or is
committed for other projects. Should the number of credits sold exceed the number
available, the Sponsor, at its own cost and expense, shall secure credits from another
CEMVN approved mitigation bank within the watershed in an amount to necessary to fully
offset the credit shortage.
e. Credits will be sold in no less than tenth acre increments.
2. PROCEDURE FOR SELLING BANK CREDITS
a. CEMVN, with input from interested resource agencies, will determine the number and
types of mitigation credits that must be secured to fully compensate for a proposed
project's wetland impacts when those impacts are associated with a DA Permit. The
CEMVN project manager will provide the applicant with a list of CEMVN approved
mitigation banks that are appropriate for offsetting the unavoidable adverse impacts
associated with his proposed project. The amount of mitigation required is determined by
the CEMVN project manager and will be rounded to the nearest one-tenth (0.1) acre.
b. If the permit applicant selects the Bank, the applicant will contact the Sponsor and
arrange for the purchase of the necessary acres as determined by CEMVN. Prior to the
sale of credits the Sponsor must obtain approval from CEMVN in accordance with the
provisions of paragraph 1.a above.
3. CREDIT SALE NOTIFICATION
a. Upon contracting for the credit sales, the Sponsor shall enter the necessary information
into the RIBITS. The information will include the Corps jurisdiction, date of transaction,
Page 10 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
permittee name, credits debited, permit number, wetland type impacted, acres impacted,
impact project's USGS 8-digit HUC, and impact latitude and longitude.
b. The acreage required by the DA Permit will be deducted from the Bank's credit balance
at the time it is entered into RIBITS. Sale terms including price and payment are matters
of contract between Sponsor and permittees. For any credit transaction once the credits
are debited, the Sponsor is legally responsible for provision of the compensatory
mitigation required by the DA Permit. Any failure by the permittee to comply with the
terms of the sale will not affect either the credit debiting or Sponsor's responsibility to
provide the mitigation required by the DA Permit.
F. Requirements for Initial Credit Release
No Credits will be released until the Sponsor has provide a signed statement
stating that all of the following requirements have been met and has provided copies of
the following executed documents, as appropriate:
1. Permits: Obtain all necessary permits (including DA Permits), approvals, and
authorizations required to construct, operate, and maintain the Bank. This MBI does not
fulfill or substitute for such authorization.
2. Holder Qualifications: Evidence that the entity proposed to hold the conservation
servitude is a CEMVN approved Holder.
3. Conservation Servitude: An executed perpetual conservation servitude with an copy
of this MBI with proof of recordation in the Mortgage and Conveyances Records Office of
the parish in which the Property is located.
4. Financial Assurance: Documentation establishing the C&E financial assurances
stipulated in Section IX and the Long-Term Maintenance and Protection financial
assurances described in Section X of this MBI and in Section XIV of the MWP.
5. Property Ownership: A title search that identifies all known encumbrances including
mortgages, liens, rights-of-way, servitudes, easements, etc. and documentation that the
conservation servitude is not subordinate to any other easement or major lien. Sponsor
shall provide a copy of the recorded document evidencing that any mortgages
encumbering the property have been subordinated to the conservation servitude.
6. Execution of MBI: MBI signed by the Owner, Sponsor and CEMVN District
Commander or his representative and approval by all participant IRT agencies; and
7. Work Schedule: Submission of the timetable for implementing work identified in the
permit, MWP or elsewhere in this MBI.
Page 11 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
G. Subsequent Credit Releases
Prior to each credit release, the Sponsor shall provide to CEMVN an electronic
copy of the monitoring report with information necessary to document successful
attainment of required milestones. Following review of such documentation and a finding
that required milestones were achieved. CEMVN will notify the Sponsor and the IRT in
writing of its findings with respect to the Bank's attainment of its success criteria and
determination for the number of credits approved for release.
XII. MODIFICATION OF THIS MBI
A. Minor Modification to MBI
1. This MBI is subject to written modification as mutually agreed to by the IRT and the
Sponsor. The streamlined review process set forth in 33 CFR 332.8(g)(2) may be used
for modifications that involve changes reflecting adaptive management for the Bank,
credit release, changes in credit releases and credit release schedules, and changes
that the district engineer determines not to be significant in accordance to procedures
in 33 CFR 332.8(g)(2) Streamlined Review Process.
2. Should changes in this MBI be required by CEMVN that are not acceptable to the
Sponsor, the Sponsor may elect to end his participation and close the Bank. At that time,
the procedures outlined in Section XII.C. below will be followed.
B. Major Modifications to the MBI
1. Expansion of Addendum to the Bank
Modification of the MBI to include the expansion of the Bank to include additional
acreage will be processed in accordance with 33 CFR 332.8(d) and 332.8(g)(1). Requests
to expand the Bank will be considered only in instances where (1) the additional acreage is
located on the same parcel of land or on a parcel of land contiguous to the Bank and (2)
CEMVN determines that the natural composition, structure, functions, and processes
performed by the restored/enhanced wetland community are the same as those outlined in
this MBI. For the modification of this MBI the amendment will contain the following:
a. Detailed description of existing conditions of the Property identifying existing and prior
land uses, vegetation, hydrology alterations and soils;
b. A MWP that details the proposed hydrologic and vegetative
restoration/enhancement work that is necessary to produce the mitigation credits;
c. Drawings depicting the site showing its location to other mitigation sites authorized by
this MBI, different mitigation types, soils and hydrology; also drawings depicting the work
required; vicinity map, a plan view depicting the proposed work and typical cross-sections
of that work;
Page 12 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
d. A Department of the Army issued wetland determination;
e. A title opinion and survey clearly identifying any existing encumbrances on the
Property;
f. A draft conservation servitude;
g. A draft of the mechanism to be used to secure the necessary Construction and
Establishment financial assurance; and
h. A draft of the mechanism to be used to establish the necessary Long-Term
Maintenance and Protection account.
CEMVN will determine if the work identified in the MWP requires a DA permit. A
DA permit application is not required with the prospectus, but the Sponsor may choose to
submit an application at this time as obtaining any and all permits is a prerequisite to
selling credits.
A public interest review will be required for each addendum. The prospectus, MWP
and drawings will be advertised by public notice for a minimum of thirty days to obtain
public comments.
CEMVN, in consultation with the IRT, will evaluate each proposed property. The
evaluation will typically require an inspection of the property and review of the prospectus
and restoration plan. If warranted, the IRT will recommend modifications to the proposed
restoration plan. By signing this MBI, the agencies are under no obligation to accept future
addenda. Each addendum will be evaluated on its own merit.
A separate credit assessment will be conducted to determine habitat values of each
addendum.
The mutually agreed upon MWP will be signed by designated authorities for each
IRT member and included as an amendment to this MBI and subject to all its requirements,
conditions and terms.
2. Exclusions of Approved Mitigation Site
The Sponsor may elect to exclude a portion of the Property on which no credits
have been sold from the Bank. However, notification and approval by CEMVN must be
obtained by the Sponsor prior to removal from the Bank.
Reduction in Bank size may adversely affect future releases of mitigation credits
and financial assurances. Additionally, CEMVN, in consultation with the IRT, will reevaluate the credit value per acre for the portion of the site remaining in the Bank. Should
the re-evaluation of credits determine that debits exceed the available credits produced
by the acres remaining in the Bank, CEMVN may require that a portion of the area to be
Page 13 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
excluded remain in the Bank to make up the credit difference caused by the reduction in
Bank size.
After CEMVN, in consultation with the IRT, has approved the exclusion, the
Owner may, with approval from the Sponsor, Holder and CEMVN, modify the
conservation servitude to remove the servitude from that portion of the Property excluded,
allowing however, as sufficient buffer to protect the integrity of the remaining bank.
C. Termination of This MBI
1. Should CEMVN, in consultation with the IRT, determine that the Sponsor is in material
default of any provision of the MBI for this Bank, CEMVN may require such corrective
actions as, as it deems necessary. If CEMVN determines that the Sponsor (or its agents
or employees) has engaged in any misrepresentation, misapplication, misappropriation,
improper management, or non-disclosure of pertinent information, CEMVN may require
termination of this MBI or such other corrective action as it deems appropriate. Owner
and Sponsor acknowledge and agree that all obligations hereunder that pertain to the
credits sold or transferred prior to termination of the MBI shall have no effect on the
perpetual conservation servitude granted by Owner over the Property in accordance with
Louisiana law La. R.S. 9:1271, et seq. and 33 CFR § 332.8(t) except as set forth in
paragraph C.3. below.
2. In the event that the MBI is terminated, CEMVN will:
a. Revise the Bank's credit allotment based on the work completed at closure
b. Review the credits already sold by the Bank and the corresponding mitigation
requirements for DA Permits assumed by the Sponsor; and
c. Determine whether the success criteria achieved by the previously sold credits/acreage
are sufficient to meet current and outstanding mitigation requirements or whether
additional credits are required to satisfy the DA Permit mitigation obligations assumed by
the Sponsor. Should additional credits be needed to satisfy the Sponsor's DA Permit
mitigation obligations, those obligations (as determined by CEMVN) may be satisfied by
either:
i). Completion of implementation of the MWP and achievement of the performance
standards set forth in the MWP on additional acreage within the Bank; or
ii). The purchase of appropriate mitigation credits from another CEMVN approved Bank.
3. Upon termination of this MBI, the conservation servitude shall remain in
full force and effect on those lands for which credits have been sold. In addition, a buffer
sufficient to protect the integrity of the Bank, as determined by CEMVN in consultation
with the IRT, shall be established and protected by the conservation servitude.
Depending on the success level of the acreage sold as credits, additional acreage also
Page 14 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
may be required to satisfy the mitigation obligations assumed by the Sponsor. The
Owner shall record any CEMVN approved and duly executed, revised conservation
servitude in the Mortgage and Conveyance Office of the parish where the land is located
and shall provide a copy of the recorded document to CEMVN. The conservation
servitude shall remain in full force and effect on:
a. that portion of the Property representing credits sold;
b. that portion of the Property representing any deficit between the mitigation obligations
assumed by the Sponsor (through credits sold) and the mitigation obligation satisfied by
the Bank as described in 2.c. above; and
c. that portion of the Property determined necessary by CEMVN in consultation with the
IRT, to provide a buffer sufficient to protect the integrity of the Bank.
4. In the event of the negligent or wrongful act or failure to act of the Owner, Sponsor or
their respective managers, partners, employees, contractors, or agents, including but not
limited to misrepresentation, misapplication, misappropriation, improper management,
non-disclosure of pertinent information or non-compliance with the terms of this MBI,
CEMVN and other IRT members may void their recognition of the Bank and/or terminate
their future participation in this MBI. All funds in the Long-term escrow account, if any, will
be forfeited to the Holder or to a long-term Steward or a CEMVN designee. Additionally,
CEMVN and the IRT reserve the right to prosecute any negligent or wrongful act or failure
to act including any intentional misrepresentation, misappropriation, non-disclosure of
pertinent information, or non-compliance with the terms of this MBI to the fullest extent of
the law.
D. Termination of Participation
IRT members may terminate their participation upon written notification to all
signatory parties without invalidating this MBI. Participation of the IRT member seeking
termination will end 30 days after written notification. Termination by one member of the
IRT of its involvement in this MBI shall not terminate the MBI or affect the roles of the
remaining members of the IR, or the Sponsor or Owner. Remaining credits authorized
solely under the authority of the withdrawing agency for use in that agency's programs will
no longer be available for use to satisfy the requirements of that agency's program.
Nothing in this Section is intended or shall be construed to limit the legal or equitable
remedies (including specific performance and injunctive relief) available to the IRT
members in the event of a threatened or actual breach of this MBI by the Sponsor.
XIII. TRANSFER OF PROPERTY OR SPONSORSHIP
Transfer of Property or Sponsorship remains as defined in Section XIII of the
May 16, 2015 MBI.
Page 15 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
XIV. ESTABLISHMENT OF STEWARD
Establishment of Steward provisions remain as defined in Section XIV of the May
16, 2015 MBI.
XV. BANK LIFE
Provisions for Bank Life remain as defined in Section XV of the May 16, 2015
MBI.
XVI. OTHER PROVISIONS
A. Disclaimer and Notice.
This MBI does not in any manner affect statutory authorities and responsibilities
of the signatory parties.
USACE approval of this Instrument constitutes the regulatory approval required
for the Laurel Valley Coastal Mitigation Bank Amendment One to be used to provide
compensatory mitigation for Department of the Army permits pursuant to 33 C.F.R.
332.8(a)(1). This Instrument is not a contract between the Sponsor or Property Owner
and USACE or any other agency of the federal government. Any dispute arising under
this Instrument will not give rise to any claim by the Sponsor or Property Owner for
monetary damages. This provision is controlling notwithstanding any other provision or
statement in the Instrument to the contrary.
B. Warranties and Representations of Owner/Sponsor/Holder.
Owner/Sponsor hereby represents and warrants as follows:
1. It is a limited liability company (or other legal entity) in good standing in the state of its
organization and that it is qualified to do business in Louisiana and in every jurisdiction
in which it is required to be qualified.
2. It has the full power and authority to enter into this MBI and that its signatories are
authorized to transact business and enter contracts on its behalf; and
3. The execution and performance of its obligations under the MBI will not constitute a
breach of any other agreement or a violation of any ordinance statute, law or regulation
to which it is a party or by which it is bound.
C. Compliance with Laws.
Owner and Sponsor and Holder and/or Third Party each represent, warrant and
covenant that it is and will remain in compliance and abide with any and all statutes,
Page 16 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
laws, ordinances, rules and regulations promulgated by any government entity which
are applicable to it.
D. Non-reporting NWP.
The Sponsor agrees not to utilize a non-reporting Nationwide Permit or Regional
Permit under Section 404 of the Clean Water Act to impact any Waters of the United
States on the Property. Notification shall be required for the use of any Nationwide
Permit and/or Regional Permit in connection with this Bank.
E. Dispute Resolution.
Resolution of disputes about amendments to this MBI shall be in accordance with
33 CFR § 332.8(e). If a dispute arises about the application of this MBI any party may
raise the issue to CEMVN. CEMVN will convene a meeting of the IRT, or initiate
another appropriate forum for communication, typically within twenty days of receipt of
notice of the dispute. CEMVN will fully consider comments provided by the IRT and the
Sponsor, if provided, in reaching its decision. Ultimately CEMVN is responsible for
making final decisions regarding the use and performance of the Bank and the sale of
its credits. Disputes related to satisfaction of success criteria may be subject to
independent review from government agencies or academia that is not part of the IRT.
The IRT will evaluate this input and determine whether the success criteria are met.
Any dispute arising under this Instrument will not give rise to any claim by
Sponsor or Property Owner for monetary damages.
F. Overall Performance.
If the IRT determines that the Bank is not performing according to the standards
and criteria set forth in this MBI, credit sales will be suspended until the Sponsor in
consultation with CEMVN has developed an approved remedial action plan and
performed the work defined in the remedial action plan necessary to produce additional
credits. The Sponsor will provide to the IRT the remedial action plan within 60 days of
notification of any deficiency. Following IRT approval of the remedial action plan, the
Sponsor will conduct the remedial action measures prior to the end of the nearest
growing season. Subsequent adaptive management measures may be required by the
IRT. Sale of credits will not resume until remedial actions have been taken. The
Sponsor will continue to provide monitoring reports as specified in this document unless
determined to be unnecessary by the IRT.
G. Specific Language of MBI Shall Be Controlling.
The Parties intend the provisions of this MBI and each of the documents
incorporated by reference in it to be consistent with each other, and for each document
to be binding in accordance with its terms. To the fullest extent possible, these
documents shall be interpreted in a manner that avoids or limits any conflict between or
Page 17 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
among them. However, if and to the extent that specific language in this MBI conflicts
with specific language in any document, other than the Conservation Servitude, that is
incorporated into this MBI by reference, the specific language within the MBI shall be
controlling.
H. Notice.
Any notice required or permitted hereunder shall be deemed to have been given
either (i) when delivered by hand, or (ii) three (3) days following the date deposited in
the United States mail, postage prepaid, by registered or certified mail, return receipt
requested, or (iii) sent by Federal Express or similar next day nationwide delivery
system, addressed as follows (or addressed in such other manner as the party being
notified shall have requested by written notice to the other party):
Sponsor, Delta Land Services, LLC
1090 Cinclare Drive
Port Allen, LA 70767
Attn: Daniel Bollich, Ecological Program Director
Phone: (225) 343-3900
Email: daniel@deltaland-services.com
Owner, Laurel Valley Mitigation, LLC
830 Laurel Valley Rd
Thibodaux, Louisiana 70301
Attn: Jerome McKee, Manager
Phone: (985) 447-7352
U.S. Army Corps of Engineers New Orleans District (CEMVN)
7400 Leake Ave.
New Orleans, Louisiana 70118
Attn: Brian Breaux
Phone: (504) 862-1938
Email: brian.w.breaux@usace.army.mil
Louisiana Department of Natural Resources (LDNR)
Office of Coastal Management (OCM)
P.O. Box 94396
Baton Rouge, Louisiana 70804
Attn: Kelly Templet
Phone: (225) 342-3124
Email: kelly.templet@la.gov
Page 18 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
Region VI of the U.S. Environmental Protection Agency (USEPA)
1445 Ross Avenue
Dallas, Texas 75202
Attn: Raul Gutierrez
Phone: 214-665-7482
Email: gutierrez.raul@epa.gov
U.S. Fish and Wildlife Service (USFWS)
646 Cajundome Blvd., Ste. 400
Lafayette, La 70506
Attn: Seth Bordelon
Phone: 337-291-3138
Email: seth_bordelon@fws.gov
Louisiana Department of Wildlife and Fisheries (LDWF)
2000 Quail Dr., Room 433
Baton Rouge, Louisiana 70898-9000
Attn: Kyle Balkum
Phone: 225-765-2819
Email: kbalkum@wlf.la.gov
I. Entire Agreement.
This MBI constitutes the entire agreement between the parties concerning the
subject matter hereof and supersedes all prior agreements or undertakings.
J. Invalid Provisions.
In the event any one or more of the provisions contained in this MBI are held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability will not affect any other provisions hereof, and this MBI shall be
construed as if such invalid, illegal or unenforceable provision had not been contained
herein.
K. Headings and Captions.
Any paragraph heading or captions contained in this MBI shall be for
convenience of reference only and shall not affect the construction or interpretation of
any provisions of this MBI.
L. Counterparts.
This MBI may be executed by the parties in any combination, in one or more
counterparts, all of which together shall constitute but one and the same instrument.
Page 19 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
M. Binding.
This MBI shall be immediately, automatically, and irrevocably binding upon the
Sponsor and its heirs, successors, assigns and legal representatives upon execution by
the Sponsor and the CEMVN, even though it may not, at that time or in the future, be
executed by the other potential parties to this MBI. The execution of this MBI by EPA,
LDWF, or the U.S. Fish and Wildlife Service, or other agency, city or county shall cause
the executing agency to become a party to this MBI upon execution, even though all or
any of the other potential parties have not signed the MBI. Execution does not signify
the agencies' agreement with the use of credits in the Bank in connection with any
specific permit or project.
N. Liability of Regulatory Agencies.
The responsibility for financial success or loss and any risk to the investment
undertaken by the Sponsor rests solely with the Sponsor. The regulatory agencies that
are parties to this MBI administer their regulatory programs to best protect and serve
the public's interest in its waterways, and not to guarantee the financial success of
Banks, specific individuals, or entities. Accordingly, there is no guarantee of profitability
for any individual Bank. Sponsors should not construe this MBI as a guarantee in any
way that the agencies will ensure sale of credits from this Bank or that the agencies will
forgo other mitigation options that may also serve the public interest. Since the agencies
do not control the number of mitigation banks proposed or the resulting market impacts
upon success or failure of individual banks, in depth market studies of the potential and
future demand for credits are the sole responsibility of the bank proponent. Sponsor
shall have no right to money damages and shall have no right to claim or to recover a
loss of anticipated revenues based on any decision by CEMVN and/or based on
CEMVN's administration of its mitigation banking program and/or this mitigation bank.
Page 20 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
XVII. Signature pages
A. Property owner
______________________________
______________________________
Jerome S. McKee
Date
Manager
Laurel Valley Mitigation, LLC
Laurel Valley Coastal Mitigation Bank Amendment One
Page 21 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
B. Sponsor
______________________________
George Guerin
Chief Operating Office
Delta Land Services, LLC
Laurel Valley Coastal Mitigation Bank
______________________________
Date
Page 22 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
C. CEMVN
______________________________
Martin S. Mayer
CHIEF, REGULATORY BRANCH
CEMVN
Laurel Valley Coastal Mitigation Bank
______________________________
Date
Page 23 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
D. OCM
______________________________
Keith Lovell
Assistant Secretary
LDNR OCM
Laurel Valley Coastal Mitigation Bank
______________________________
Date
Page 24 of 29
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
XVIII. Attachments
Attachment A Maps
Page 25 of 29
Project Area
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
I
Laurel Valley Coastal Mitigation Bank
Laurel Valley Coastal Mitigation Bank Amendment One
Vicinity Map
Lafourche Parish, Louisiana
Created :
8.5
4.25
0
8.5
Approved :
LJW/AM10.2
---
Date : 06/09/2015
Map No. : F01_Vicinity Map
Miles
FIGURE 1
08090301
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
Laurel Valley Coastal Mitigation Bank
Proposed Primary Service Area
20
10
I
0
Geographic Service Area
Lafourche Parish, Louisiana
Created :
20
Approved :
DEB/AM10.2.1
---
Date : 07/15/2014
Map No. : F02_Service Area
Miles
FIGURE 2
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
Attachment B-Title Information
Survey Plat (January 20, 2015)
Jewell and Jewell Title Report (January 22, 2015)
Corps Disposal Easement (June 24, 1934)
Corps Electronic Mail Stating No Real Estate Instrument Required
(June 9, 2015)
Page 26 of 29
Daniel Bollich
From:
Sent:
To:
Cc:
Subject:
Attachments:
Cruppi, Janet R MVK <Janet.R.Cruppi@usace.army.mil>
Tuesday, June 09, 2015 3:12 PM
Daniel Bollich; Winship Songy; George Guerin
Breaux, Brian W MVN; Mayer, Martin S MVN; Buatte, Carla J MVK @ MVN; Labure,
Linda C MVK; Spokane, Chrystal MVK
RE: MVN-2013-02798: Laurel Valley Coastal Mitigation Bank Project-Lafourche Parish,
LA- Corps Real Estate Interest Issue. (UNCLASSIFIED)
LandownerReleaseRequest_20150602.pdf; BayouLafourcheTracts45-1&2.pdf;
LaurelValleyMitigationOverlapBayouLafourcheSpoilDisposalAreaMap.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Daniel/Winship/George,
After further review of this situation, we offer the following regarding the issue of a portion of your proposed mitigation
bank overlapping our spoil disposal interest on our Tract No. 45-1, as identified in Government records:
(1) The attached Servitude Agreement states "It is further understood that no spoils will be deposited over any portion
of the property under cultivation, unless requested to do so by the grantor herein." Therefore, it appears that the
Grantee, Laurel Valley Sugars, Inc., reserved the right to cultivate the land;
(2) Utilizing this area, shaded in green (within Sections 19, 29 & 30, T14S, 17E, Lafourche Parish) on the attached map, as
a mitigation bank, the current landowners, Laurel Valley Plantation, L.L.C. and Laurel Valley Mitigation, L.L.C. (both
Successors to Laurel Valley Sugars, Inc.) plan to plant, grow, and maintain bottomland hardwood trees for which
mitigation credits will be sold;
(3) The definitions of "cultivate" include: "to promote the growth or development of"; "to prepare and work on land in
order to raise crops"; "to promote the growth of a plant, etc. by labor and attention". In addition, the definitions of
"cultivation" include: "the planting, tending, improving, or harvesting of crops or plants"; "the preparation of ground to
promote growth".
(4) Therefore, it appears that no real estate instrument is needed since the landowners are exercising a right that was
reserved under the terms of the Servitude Agreement.
Documentation of this action will be annotated on our audit map for future record.
Janet R. Cruppi, SR/WA
Deputy District Chief of Real Estate, New Orleans Chief, New Orleans Management and Disposal Section Real Estate
Region South Division U.S. Army Corps of Engineers P.O. Box 60267 New Orleans, Louisiana 70160-0267
Phone: (504)862-1982
Fax: (504)862-1299
janet.r.cruppi@us.army.mil
-----Original Message----1
June ft, 2015
U.S. Army Corps of Engineers
Attn: Janet R. Cruppi
P.O. Box 60267
New Orleans, Louisiana 70160-0267
RE:
Release of Disposal Easement (Laurel Valley Sugars, Inc. to United States of America)
Dear Ms. Cruppi:
Laurel Valley Plantation, L.L.C. and Laurel Valley Mitigation, L.L.C. both successors to Laurel
Valley Sugars, Inc., request a release of the disposal easement granted in favor of the United
States of America from Laurel Valley Sugars, Inc. A copy of the enclosed easement is included
and was recorded in the property records of Lafourche Parish on October 1, 1934 (instrument
27261; conveyance Book 72, page 76).
Thank you for your attention to this matter and we look forward to a quick resolution.
Respectfully,
LAUREL VALLEY PLANTATION, L.L.C.
936 Laurel Valley Road
Thibodaux, LA 70302
AISA
B:
ome S. Mc ee, Manager
LAUREL VALLEY MITIGATION, L.L.C.
830 Laurel Valley Road
Thibodaux, LA 703024.
By:
Mina C. McKee, Manager
Enclosure
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
Attachment C-Mitigation Work Plan
Page 27 of 29
ATTACHMENT C: MITIGATION WORK PLAN
FOR BOTTOMLAND HARDWOOD AND BALDCYPRESS SWAMP HABITAT
LAUREL VALLEY COASTAL MITIGATION BANK, AMENDMENT ONE
Contents
I. Bank Property Location ................................................................................................ 3
II. Objective ..................................................................................................................... 3
A. Aquatic Resource Type and Functions to be Restored/Enhanced/Preserved ......... 3
B. Watershed Contributions ......................................................................................... 4
III. Site Selection ............................................................................................................. 7
IV. Site Protection Instrument .......................................................................................... 7
V. Baseline Information .................................................................................................. 7
A. Land Use ................................................................................................................. 7
B. Soils ........................................................................................................................ 8
C. Hydrology ................................................................................................................ 8
D. Vegetation ............................................................................................................... 9
VI. Description of Work................................................................................................. 10
A. Soils/Hydrologic Work Plan ................................................................................... 10
B. Vegetation ............................................................................................................. 11
VII. Maintenance Plan .................................................................................................. 12
VIII. Performance Standards ....................................................................................... 12
A. Initial Success Criteria ........................................................................................... 13
B. Interim Success Criteria ........................................................................................ 13
C. Long-Term Success Criteria ................................................................................. 14
IX. Monitoring Requirements ......................................................................................... 14
A. Permanent circular monitoring stations ................................................................. 15
B. Transects .............................................................................................................. 15
C. Soil Profile ............................................................................................................. 16
D. Floristic Survey...................................................................................................... 16
E. Photographs .......................................................................................................... 16
F. Qualitative Analysis ............................................................................................... 16
G. Hydrologic Conditions ........................................................................................... 17
H. Ledgers ................................................................................................................. 17
X. Monitoring Reports.................................................................................................... 17
A. As-Built Report ...................................................................................................... 17
B. Initial Success Criteria Report ............................................................................... 18
C. Interim Success Criteria Report ............................................................................ 19
D. Long Term Success Criteria Report ...................................................................... 21
XI. Bank Credits .......................................................................................................... 22
A. Credit Determination ............................................................................................. 22
B. Schedule of Credit Availability ............................................................................... 22
XII. Adaptive management plan .................................................................................... 23
XIII. Long Term Protection and Maintenance ................................................................ 24
XIV. Funding ................................................................................................................. 24
A. Construction and Establishment (C&E) Funds ...................................................... 24
B. Long Term Maintenance/Management Funds ....................................................... 25
XV. Other Information.................................................................................................... 26
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Attachment MWP-A-Tables and Figures
Attachment MWP-B-Preliminary Jurisdictional Determination
Attachment MWP-C-Credit Determination
Attachment MWP-D-Estimated Construction, Establishment and Long-Term
Maintenance Funding Requirements Report
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ATTACHMENT C: MITIGATION WORK PLAN
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LAUREL VALLEY COASTAL MITIGATION BANK, AMENDMENT ONE
I. Bank Property Location
The center point of the Laurel Valley Coastal Mitigation Bank Amendment One
(Bank) is located at latitude 90.769511° North and longitude 29.826758° in Lafourche
Parish, Louisiana (Mitigation Work Plan (MWP) Attachment A: Figure 1). The property is
located in the East Central Louisiana Coastal Subregion (US Geological Survey [USGS]
Hydrologic Unit Code [HUC] 08090301) and Barataria Drainage Basin (MWP
Attachment A: Figure 2).
The Bank is located within the Mississippi Delta Cotton and Feed Grains Land
Resource Region (O) and the Southern Mississippi River Alluvium Major Land
Resource Area (MLRA 131A) (Natural Resource Conservation Service [NRCS] 2006).
The Bank is also located in the Mississippi Alluvial Plains Level III Ecoregion (73) and
the Inland Swamps (73n) and Southern Holocene Meander Belts (73k) Level IV
Ecoregions. The site is located within the Louisiana Coastal Zone Boundary and
adjacent to the Louisiana Coastal Wetlands Conservation Plan (LCWCP) Boundary
(MWP Attachment A: Figure 3).
Driving directions to the site are as follows: from the intersection of LA Hwy 20
and LA Hwy 308 in Thibodaux, proceed south on LA Hwy 308 for approximately 2.1
miles. Turn left onto Laurel Valley Road and proceed approximately 3.4 miles to the
entrance located on the left. This is the entry point into the Bank. This entry point is a
private road and public access is restricted from this point forward.
II. Objective
A. Aquatic Resource Type and Functions to be Restored/Enhanced/Preserved
This Bank will re-establish1, rehabilitate2, and enhance3 159.2 acres of
Bottomland Hardwood (BLH) and 66.9 acres of southern Baldcypress-Tupelo Swamp
(Swamp) forested wetland ecosystems (MWP Attachment A: Figure 4).
As defined by The Natural Communities of Louisiana published in 2009 by the
Louisiana Department of Wildlife and Fisheries (LDWF) and the Louisiana Natural
Heritage program (LNHP), BLH forests are forested, alluvial wetlands occupying broad
1
Re-establishment is defined in 33 CFR § 332.2 as the manipulation of the physical, chemical, or
biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic
resource area and functions.
2
Rehabilitation is defined in 33 CFR § 332.2 as the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic
resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
3
Enhancement is defined in 33 CFR § 332.2 as the manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource
function(s). Enhancement does not result in a gain in aquatic resource area.
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floodplain areas that flank large river systems. BLH forests may be called fluctuating
water level ecosystems characterized and maintained by a natural hydrologic regime of
alternating wet and dry periods. These forests support distinct assemblages of plants
and animals associated with particular landforms, soils, and hydrologic regimes. They
are important natural communities for maintenance of water quality, providing a very
productive habitat for a variety of fish and wildlife, and are important in regulation of
flooding and stream recharge. Swamps are forested, alluvial wetlands growing on
intermittently exposed soils. The soils are inundated or saturated by surface water or
groundwater on a nearly permanent basis throughout the growing season except during
periods of extreme drought. Bayous commonly intersect these wetlands. There is a
low floristic diversity. Baldcypress (Taxodium distichum) is the dominant overstory
species4. Many aquatic food webs depend on the input of allochthonous material in the
form of leaf litter or other organic debris that the wetland forest provides. Net primary
productivity of Swamp forests seems to be increased by periodic flooding or increased
water flow and decreased by slow water movement or stagnation.
The restoration5 and enhancement of BLH and Swamp forests will provide
additional wetland functions and values such as outdoor recreational experiences, flood
storage, Nearctic-Neotropical bird habitat, and habitat for other aquatic fauna that are
not currently realized under existing conditions and land use. Localized and
downstream water quality will increase by removing livestock, afforestation6 with native
wetland tree species, and increasing surface-water retention time for vegetative nutrient
uptake and sedimentation. Wildlife habitat will improve for resident biota and NearcticNeotropical migrating bird species (e.g. staging, resting, feeding, escape cover, etc.)
through the afforestation with native wetland tree and shrub species.
B. Watershed Contributions
1. Watershed Need
The Bank is in the upper reach of the Barataria-Terrebonne estuary complex. The
Barataria-Terrebonne National Estuary Program (BTNEP) was established in 1990 by
the State of Louisiana and the EPA for the purpose of preserving, protecting and
restoring this estuary complex. BTNEP in conjunction with local stakeholders
developed the Comprehensive Conservation and Management Plan (CCMP) which
outlined 12 goals to accomplish this objective.
4
The aforementioned and all subsequent plant scientific nomenclature is from NRCS 2013a.
Restoration is defined in 33 CFR § 332.2 as the manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
6
The SAF (2014) defines afforestation as "the establishment of a forest or stand in an area where the
preceding vegetation or land use was not forest whereas reforestation is the re-establishment of forest
cover either naturally (by natural seeding, coppice, or root suckers) or artificially (by direct seeding or
planting) --note reforestation usually maintains the same forest type and is done promptly after the
previous stand or forest was removed --synonym regeneration".
5
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The Partners in Flight (PIF) Bird Conservation Plan for the Mississippi Alluvial
Valley recommends increasing the interior area of forested fragments to increase
habitat for forest-dwelling, or silvicolous, bird species (Twedt et al. 1999). The planting
of densely-spaced seedlings in areas within largely forested landscapes encourage the
recruitment of breeding populations of thamnic and silvicolous bird species (Twedt et al.
2010). Swallow-tailed kites (Elanoides forficatus) are a particular species of concern
which would benefit through increased forested wetland acreage within the BaratariaTerrebonne basins as these species requires vasts amounts of BLH and Swamp forest
(DeMay et al 2007). Large expanses of bottomland hardwoods are vital for the
management of mallards (Anas platyrhynchos), wood ducks (Aix sponsa), and
American woodcock (Scolopax minor) (North American Waterfowl Management Plan
2004, Kelly and Rau 2006).
DeMay et al. (2007) list Swamp forests within the BTNEP basins as important to
migratory species such as yellow-crowned night herons (Nyctanassa violacea), Acadian
flycatchers (Empidonax virescens), northern parulas (Setophaga americana), hooded
warblers (Setophaga citrina), prothonotary warblers (Protonotaria citrea) and yellowthroated warblers (Setophaga dominica) and nonmirgratory species such as great blue
herons (Ardea herodias), wood ducks, red-shouldered hawks (Buteo lineatus), barred
owls (Strix varia) and pileated woodpeckers (Dryocopus pileatus). Common winter
migrants include yellow-bellied sapsuckers (Sphyrapicus varius), eastern phoebes
(Sayornis phoebe) and yellow-rumped warblers (Setophaga coronata). Bottomland
hardwoods within the BTNEP basins are important habitat for migratory passerine birds
such as yellow-billed cuckoos (Coccyzus americanus), summer tanagers (Piranga
rubra), red-eyed vireos (Vireo olivaceus) and great-crested flycatchers (Myiarchus
crinitus). Resident birds of these habitats include eastern screech-owls (Myiarchus
crinitus), northern cardinals (Cardinalis cardinalis), blue jays (Cyanocitta cristata) and
Carolina chickadees (Poecile carolinensis), while winter inhabitants included sharpshinned hawks (Accipiter striatus), American woodcocks, hermit thrushes (Catharus
guttatus), ruby-crowned kinglets (Regulus calendula), blue-headed vireos (Vireo
solitarius) and white-throated sparrows (Zonotrichia albicollis).
The Mississippi Museum of Natural Science (MMNS 2005) purports that oldgrowth BLH forests are critical habitat for 11 of the 18 species of bats known to the
Southeast. Two of these species, the Southeastern myotis (Myotis austroriparius) and
Rafinesque's big-eared bat (Corynorhinus rafinesquii) prefer large, hollow trees in
mature BLH and Swamp habitats, respectively (Lower Mississippi River Joint Venture
[LMRJV] 2007; Taylor 2006).
2. Watershed Benefits
The restoration of the Bank is in solidarity with 4 of the 12 goals of the CCMP
which are 1) preservation and restoration of wetlands, 2) support for diverse, natural
biological communities; 3) to develop and meet water quality standards which protect
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ATTACHMENT C: MITIGATION WORK PLAN
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estuary resources; and 4) to work in conjunction with natural processes (Moore and
River 1996).
The restoration and protection of the Bank accommodates four of the Ecological
Management Action plans outlined in the CCMP, which are as follows:
Action Plan EM-1: Hydrologic Restoration
Action Plan EM-11: Reduction of Agricultural Pollution
Action Plan EM-15: Protection of Habitat for Migratory and Resident Birds
Action Plan EM-16: Reduction of Impacts from Exotic Vegetation.
The restoration and protection of the Bank supports the stated purposes of the
Lafourche Parish Coastal Zone Management (Lafourche Parish Government 2013) as
follows:
Recognize the value in natural coastal ecosystems;
Protect, restore, and enhance the coastal zone as a natural storm barrier, flood
control system and water infiltration system;
Protect, restore, and enhance the coastal zone as a habitat for wildlife, an
aquatic resource, an aesthetic resource, a parish, state and national resource,
and a historic cultural resource; and to
Protect, restore, and enhance the coastal zone as a legacy to future generations
The restoration and protection of the Bank supports the recommendation of the
Coastal Wetland Forest Science Working Group (CWFSWG 2005) as follows:
Place priority on conserving, restoring and managing coastal wetland forests to
ensure their functions and ecosystem services will be available to citizens;
Actively pursue restoration of degraded wetland forests;
Enhance wetland forest ecosystem functions and values as part of hydrologic
management decisions;
Establish and maintain long-term monitoring of coastal wetland forest conditions
which supplement other monitoring programs such as the Coastal Reference
Monitoring System (CRMS) and the Forest Inventory Analysis; and
Insure mitigation of impacts on coastal wetland forests are of similar resource
type and occur within a proper watershed approach.
Restoration of the site is consistent with the Coastal Protection and Restoration
Authority of Louisiana (CPRA) Louisiana's Comprehensive Master Plan for a
Sustainable Coast (Master Plan) in that the project will restore natural hydrologic
patterns by conveying freshwater, tidal flow into areas that have been cut off by
anthropogenic features. The increase in forested wetlands, particularly freshwater
swamp, can potentially reduce the effects of tropical storm surges and wind speed
through attenuation and abatement thereby protecting the valuable agricultural lands
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ATTACHMENT C: MITIGATION WORK PLAN
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and historic properties, such as the features associated with the Laurel Valley
Plantation. The project would provide ecosystem services in the form of nutrient uptake
and provide increased habitat for alligators (Alligator mississippiensis) (CPRA Master
Plan 2012). Protection of this coastal forested site with a conservation servitude is
consistent with the goals of the Coastal Forest Conservation Initiative (CFCI)
administered by the Office of Coastal Protection and Restoration (OCPR) (Louisiana
Department of Natural Resources [LDNR] Office of Coastal Management [OCM] 2010).
The restoration of forests near extant tracts of bottomland hardwoods will provide
benefit to various species of wildlife such as Nearctic-Neotropical migrant birds, resident
birds, and bats.
III. Site Selection
The primary factors considered during site selection were the presence of hydric
soils, the high likelihood of restoration and enhancement, the compatibility of the project
with existing watershed and management plans and the compatibility with surrounding
land uses. The adjacent and surrounding land use is primarily tidally-influenced, woody
wetlands (58%) and the Laurel Valley Coastal Mitigation Bank (12%) which both have a
low probability of being developed and therefore reducing the risk of potential negative
influences coming to bear on the Bank due to development activity (MWP Attachment
A: Figure 5).
IV. Site Protection Instrument
(See Section X. Long-Term Protection and Maintenance, Subsection A.
"Conservation Servitude" of this MBI.)
V. Baseline Information
This section contains both the historical and current ecological and physical
information about the Bank Site.
A. Land Use
1. Historical Land Use
The historical land use of the project area was agricultural land primarily used for the
production of sugarcane (Saccharum officinarum) and cattle grazing. The surrounding
land use was historically forested wetlands. The sugar plantation and mill complex
Laurel Valley Plantation was established in 1832. The sugar mill operation continued
until 1926. However sugarcane production continued at Laurel Valley Plantation and it,
along with cattle production, remains the predominant agricultural activity (MWP
Attachment A: Figures 6 through 14).
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2. Current Land Use
The current land use of the project area is cattle/pasture with the remainder comprised
of forest, some of which is utilized by cattle for grazing and shade (MWP Attachment A:
Figure 15). The project area has been utilized for the current land use for over 25
years.
B. Soils
Soils mapped within the project area are listed as Cancienne silt loam (Cm),
Cancienne silty clay loam (Co), Fausse-Schriever association (FA); and Schriever clay,
occasionally flooded (Sr) (MWP Attachment A: Figure 16). The FA and Sr series
consist of very deep, very poorly drained, and very slowly permeable soils formed in
clayey alluvium. These soil formations are typically found on the lower parts of natural
levees and in low, ponded backswamp areas of the lower Mississippi River alluvial
plain. The Cm series soils are level to gently undulating somewhat poorly drained
mineral soils that are moderately slowly permeable and typically found on high and
intermediate positions of natural levees in the same region. Eighty-six percent of the
Bank is mapped as potentially having hydric components (NRCS 2013b). However, all
soils observed during the field delineation exhibited indicators indicative of hydric soils.
The results of these observations are contained within the wetland delineation report
submitted to the CEMVN on June 19, 2013.
Natural topography within the Bank is generally flat with some natural levee and
backswamp topographic features. Typical slope is less than 1%; however, artificial
features such as levees, spoil banks and drainage ditches are prominent within the
Bank and exhibit slopes in excess of 60%. Natural elevation ranges from zero feet to
approximately four feet North American Vertical Datum (NAVD). The perimeter levee
may exceed five feet NAVD (MWP Attachment A: Figure 17).
C. Hydrology
1. Historical Hydrology and Drainage Patterns
The historical hydrology of the site prior to the conversion to agricultural land was
primarily surface water flooding from the surrounding area given the sites physiographic
position on a lower natural levee and backswamp. The first artificial drainage system, a
drainage wheel, was installed in 1867 at Laurel Valley. A Menge pump, which is a
patent propeller drainage machine, first appeared around 1890 and was replaced by a
centrifugal pump around 19207.
7
Historic drainage information taken from Laurel Valley Sugar Plantation: Drainage Plant (1867, 18901920, 1920) drawings from the Library of Congress Historic American Engineering Record, National Park
Service, delineated by Richard Howard and Margaret Mook.
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2. Existing Hydrology and Drainage Patterns
Hydrology is primarily driven from high water tables and precipitation. Surface
hydrology is altered by drainage through an active pumping system which is operated
by the landowner in conjunction with the ongoing agricultural operations of the Laurel
Valley Plantation. Some of the lands utilized as pasture contain drainage laterals
throughout the fields which are designed to expedite the movement of surface water out
of the pasture areas and into the perimeter canal. The water from this canal is pumped
from the Bank into La Peans Canal which traverses the adjacent swamps and
discharges into Grand Bayou, Bayou Boeuf and Lac des Allemandes (MWP Attachment
A: Figure 18). The pump currently in use is operated by the landowner and neither the
pump nor the associated levee system is within any local, state or federal drainage or
flood protection system.
The surrounding forests outside of the perimeter levee system are subject to
fluctuating flooding that is influenced by tidal amplitude. According to adjacent
Louisiana Office of Coastal Protection and Restoration Coastwide Reference Monitoring
System (CRMS) (2013) stations 0206 and 0218, the Adjusted Water Elevation to Datum
in the surrounding area averaged 1.6 feet NAVD over a period from September 26,
2008 to October 5, 2010. During this period the water ranged from a high of 3.6 feet
NAVD (Station 0218) to a low of -0.4 feet NAVD (Station 0206). On June 5, 2013, DLS
personnel observed water marks at approximately 30 inches above the ground
elevation on trees outside of the perimeter levee system.
D. Vegetation
1. Historical Plant Community
Based on soil type and landscape position, native vegetation on the site was
comprised of baldcypress and mixed, deciduous BLH tree species.
2. Existing Plant Community
The Bank consists of a combination of improved pasture, wetland forest, and
pipeline rights-of-way (MWP Attachment A: Figure 15). Vegetation in the pasture areas
is managed to support production of livestock. Nonwetland pastures were comprised of
dominant species such as Vasey's grass (Paspalum urvillei), Bermuda grass (Cynodon
dactylon), perennial ryegrass (Lolium perenne) and Virginia buttonweed (Diodia
virginiana) while the wetter pasture (emergent wetlands) produced dominant species
such as barnyardgrass (Echinochloa crus-galli), pale spikerush (Eleocharis
macrostachya) and common rush (Juncus effusus). Active cattle grazing occurs in all of
the pastures.
The wetland forests on site were dominated by Drummond red maple (Acer
rubrum var. drummondii), water oak (Quercus nigra), boxelder (Acer negundo),
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American elm (Ulmus americana), Chinese tallow (Triadica sebifera) and sugarberry
(Celtis laevigata) with typical herbaceous vegetation consisting of poison ivy
(Toxicodendron radicans), dwarf palmetto (Sabal minor), lizard's tail (Saururus cernuus)
and greenbrier (Smilax rotundifolia).
VI. Description of Work
This Bank will provide 159.2 acres of BLH and 66.9 acres of Swamp to
compensate for unavoidable wetland impacts within the Barataria Drainage Basin area
(MWP Attachment A: Figure 4, Table 1). The proposed MWP involves the cessation of
cattle production, afforestation, surface hydrology restoration, and the implementation of
effective short-term, interim, and long-term management strategies. The Bank will reestablish 124.9 acres of BLH and 21.6 acres of Swamp and will rehabilitate 34.3 acres
of BLH and 42.1 acres of Swamp by planting selected tree species as described by the
LNHP (2009), Lester et al. (2005), and Barrow et al. (2005) (MWP Attachment A: Figure
4 and Table 1). Areas above 2.0 feet NAVD will be restored to a combination of a
sugarberry-American elm-green ash (Type 2) and a sweetgum-water oak (Type 3) BLH.
Areas between 1.2 and 2.0 feet NAVD will be restored as a mosaic of an overcup-water
hickory (Type 1) BLH. Areas below 1.2 feet NAVD will be restored to Swamp.
Approximately 3.2 acres of existing forest will be re-established/enhanced through
hydrology restoration and supplemental planting with desirable Swamp species to
increase diversity and resilience in anticipation of the restored hydrologic regime. In
order to accomplish this task, the Sponsor shall complete the following soils, hydrologic
and habitat work.
A. Soils/Hydrologic Work Plan
Hydrology restoration will include degrading 5,075 feet of perimeter levee and
filling of borrow canal along the west boundary, and the cessation of pumping activity
(MWP Attachment A: Figures 19 through 21). The levee degradation and borrow fill will
provide natural ingress and egress of water to the forested wetland restoration and
enhancement acres in order to be in equilibrium with the water levels of the adjacent,
tidally-influenced forested areas.
The CWFSWG, in its report titled Conservation, Protection and Utilization of
Louisiana's Coastal Wetland Forests, found that artificial regeneration is impractical
when water levels exceed two feet in depth (2005). Based on these findings, the
Sponsor will continue to maintain the existing pumping system described in Section
V.C.2 to facilitate site preparation and planting of the initial 213.2-acre8 BLH/Swamp
restoration and species enhancement acres until the first fall following the initial
planting. At that time the Sponsor will cease pumping activity, degrade the 5,075-linear
foot of the perimeter levee, and back-fill the canal adjacent to this 5,075-linear foot
8
The 213.2 acres of BLH/Swamp restoration and enhancement is the summation of the 210-acre
BLH/Swamp and the 3.2-acre Swamp re-establishment/species enhancement area.
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section with the degraded spoil material. Following the completion of these activities,
the Sponsor will plant the 12.9-acre footprint associated with this activity as described in
Section VI.B.
Hydrology restoration will re-establish wetland hydrology to the 226.1 acres of
afforested and existing forested areas (i.e. BLH and Swamp re-established areas) that
were historically wetland as well as increase the duration of surface water retention and
soil saturation; reduce nonpoint source runoff; and improve water quality through
nutrient immobilization (uptake) by vegetation. The Sponsor anticipates no long-term
structural management requirements will be needed to assure sustained hydrology.
B. Vegetation
All livestock and interior fencing will be removed from the Bank prior to site
preparation activities. Site preparation for the initial 213.2-acre restoration planting will
be accomplished by applying herbicide as needed, cultivating the soil surface, and subsoiling (ripping) at equidistant intervals to a depth of approximately 18 inches (Allen et
al. 2001). Site preparation will include the removal and control of any invasive species
through herbicide treatments, mechanized clearing, cutting, shredding, or a combination
thereof. A second planting event will occur on the 12.9 acres of BLH restoration
associated with the degradation of the 5,075-linear feet of the western perimeter levee
described in Section VI.A. This event will occur in the winter following completion of the
degradation activity.
Preparation efforts within the 3.2-acre Swamp species enhancement area will
consist of herbicide treatment of invasive and noxious tree species through individual
stem treatments, specifically Chinese tallow and boxelder. Approximately one half of all
Drummond red maple stems within this area will be deadened by individual stem
treatments to allow greater sunlight infiltration to benefit the supplemental plantings.
Afforestation and supplemental planting activities will include the planting of
native BLH and Swamp species during the first planting season (December 15 through
March 15) following site preparation. The species selected will be site-appropriate in
terms of habitat design, soil-moisture regime, and species richness. Ten or more
species may be represented in the planting assemblage to insure adequate species
richness (Twedt and Best 2004). The distribution of stems will create a mosaic of hard
and soft mast species that will provide seasonally available forages for a wide range of
indigenous wildlife.
Hard mast species should account for at least 60 percent of all BLH afforestation
plantings with the remaining 40 percent accounted for by soft mast tree species.
Baldcypress and swamp tupelo should account for 100 percent of all planted species
within the 3.2-acre Swamp enhancement area given the amount of soft mast currently
present. The exact species and quantities for planting will be determined by
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the availability of such species from commercial nurseries providing localized ecotype
seedlings. Planting densities will be at approximately 538 stems per acre within
restored afforested areas and approximately 100 stems per acre within the 3.2-acre
Swamp species enhancement area (MWP Attachment A: Tables 2 and 3). Seedlings
will be mixed upon planting so that areas are not comprised of a single species (Twedt
and Best 2004). A zone approximately 300 feet in width along the current forestlandcropland interface may be planted all with heavier seeded species due to the
anticipated natural recruitment of light-seeded hardwood species within this area.
Twedt (2004) documented that natural regeneration within this zone is sufficient without
incorporating artificial regeneration methods.
The re-establishment of a forested wetland plant community will reduce runoff by
canopy and leaf litter interception of rainfall and increased stem density will reduce
surface water sheet flow velocities. The result is a reduction in erosion runoff and an
increase in soil infiltration (Richardson et al. 2001). As an adaptation to expected
increase in flood levels following restoration, all species selected for planting have flood
tolerance classes ranging from constant inundation for up to one year (Class I) to longterm seasonal flooding (Class III) as purported by Shankman (1996).
VII. Maintenance Plan
The Sponsor will use all prudent efforts, physical, chemical, or mechanical, to
eliminate existing undesirable/exotic vegetation present such as Chinese tallow on the
site during site preparation activities. The Sponsor will continue to monitor the site
through annual inspections to document the following:
1. the effectiveness of control efforts and
2. record the extent and degree of invasive species present
3. record the extent and degree of any herbivory damage
4. record the condition and functionality of any hydrological structures
Following such monitoring, invasive species and herbivore control will be
implemented as necessary and hydrologic structures will be replaced if determined
necessary.
VIII. Performance Standards
In order for the Bank to be considered acceptable for mitigating wetland impacts
associated with DA permits, the Bank will be restored in accordance with the MWP such
that it meets wetland criteria as described in the 1987 Corps of Engineers Wetland
Delineation Manual (the 1987 Manual) as well as the November 2010 Regional
Supplement for the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf
Coastal Plain Region Version 2.0. Performance standards (success criteria) used to
measure the success of the Bank are provided below.
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A. Initial Success Criteria
1. Hydrology: Ground surface elevations must be conducive to establishment and
support of hydrophytic vegetation, and re-establishment and maintenance of hydric soil
characteristics. To that end, all alterations of the natural topography (ditching, spoil
banks, land leveling, bedding, fire breaks, etc) that have affected the duration and
extent of surface water have been removed or otherwise rendered ineffective in
accordance with this MWP.
2. Vegetation: A minimum of 250 planted seedlings per acre must survive through the
end of the second spring following the planting (i.e., Year 1). Those surviving seedlings
must be representative both in species composition and percentage identified in this
MWP. This criterion will apply to initial plantings, as well as, any subsequent replanting
that may be needed to meet this requirement.
B. Interim Success Criteria
1. Hydrology: By Year 3 (two years following attainment of the one-year survivorship
criteria) site hydrology will be restored such that the Property meets the wetland
criterion as described in the 1987 Manual as well as the November 2010 Regional
Supplement to the Corps of Engineers wetland Delineation Manual: Atlantic and Gulf
Coastal Plain Region Version 2.0. Data demonstrating that wetland hydrology has been
re-established is to be collected by the Sponsor and submitted to CEMVN in the
monitoring report for the interim success criteria
2. Vegetation and Vegetative Plantings: a. For a given planting, a minimum of 250
seedlings/saplings per acre must be present (with a 60 to 40 hard mast to soft mast
ratio) at the end of the fourth year (i.e. Year 5) following successful attainment of the
one-year survivorship criteria. Trees established through natural recruitment may be
included in this tally; however, no less than 125 hard mast-producing seedlings per acre
must be present. Surviving hard mast seedlings must be representative of the species
composition and percentage identified in this MWP. Exotic/invasive species may not be
included in this tally.
b. By Year 5 (four years following successful attainment of the one-year survivorship
criteria) the Bank and the perimeter will be virtually free (approximately 5% or less on an
acre-by-acre basis) of exotic/invasive vegetative species.
c. Developing plant community must exhibit characteristics and diversity indicative of a
viable native forested wetland community commensurate with stand age and site
conditions by Year 5. Achievement of wetland vegetation dominance is defined as a
vegetation community where more than 50 percent of all dominant species are
facultative (FAC) or wetter, excluding FAC- plants, using "routine delineation methods"
as described in the 1987 Manual as well as the November 2010 Regional Supplement
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ATTACHMENT C: MITIGATION WORK PLAN
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to the Corps of Engineers wetland Delineation Manual: Atlantic and Gulf Coastal Plain
Region Version 2.0.
C. Long-Term Success Criteria
1. Forest canopy coverage exceeds eighty percent of forested land mass as measured
by an approved method. Forest canopy species abundance and composition is
consistent with the restoration goals identified in the restoration plan and credit
assessment methodologies. The long term species composition should fall within the
range of 50:50 to 40:60 soft mast to hard mast ratio.
2. When forest canopy coverage exceeds eighty percent, the Bank will be essentially
void of exotic/invasive vegetation (all seed-producing trees removed from Bank and
perimeter and less than 3% of the understory on an acre per acre basis). An active
treatment program will continue as part of the long-term maintenance program.
3. If thinning to maintain or enhance the ecological value of the Bank is determined
necessary by the IRT at this time, the Sponsor/Steward will develop a thinning plan in
coordination with the IRT. Thinning operations shall be performed by the
Sponsor/Steward per the requirements of the thinning plan.
4. The Sponsor will provide documentation that the "Long-Term Maintenance and
Protection" escrow account is fully funded.
IX. Monitoring Requirements
The Sponsor agrees to perform all work necessary to monitor the Bank to
demonstrate compliance with the success criteria established in this MWP. The
Sponsor will monitor the Bank in the spring of each monitoring year using the guidelines
in Section VIII of this MWP.
Surveys of permanent monitoring stations will occur in the following time frame:
1. Immediately following planting of the Bank to establish baseline information.
2. In Year 1, 3, 5 and after achieving interim success criteria, monitoring will occur
every 3 years until an average canopy coverage of 80 percent is established.
3. If thinning is required after successfully achieving the long-term success criteria,
the site will be surveyed prior to and following the first thinning operation
following plantings.
If monitoring for any given year determines that the Bank is not progressing as
expected, monitoring will continue on an annual basis until the Bank successfully meets
or exceeds established milestones. After achieving the interim success criteria,
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ATTACHMENT C: MITIGATION WORK PLAN
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monitoring will occur every 3 years until average canopy coverage of 80 percent is
obtained. If thinning is required after successfully achieving the long-term success
criteria, the site will be surveyed prior to and following the first thinning operation
following plantings.
The survey of the permanent monitoring stations will collect data to evaluate the
survival rate of planted vegetation; number, species and growth rates (average heights
and diameter). In addition to planted seedlings, surveys will include the number by
species of volunteering trees, shrubs and woody vines. Surveys will also collect
information regarding colonizing plant species, the wetland plant status (scaled from
obligate (OBL) to upland (UPL) of each and the number by species of exotic/noxious
specimens.
A. Permanent circular monitoring stations
Immediately following initial planting of the Bank, the Sponsor will randomly
establish a permanent circular monitoring station for every 20 acres on the Bank. Each
station will have a minimum area of 1/20th acre (radius=26 feet). Stations will be
identified with a permanent marker (e.g., an 8-foot PVC pipe anchored with a metal T
post at plot center) and GPS coordinates will be recorded for each station. A map will
be provided to CEMVN (See Reporting Protocols below) that depicts the location of the
monitoring stations as well as a coordinating list containing the coordinates for each
station. All individual planted seedlings/saplings falling within each monitoring station
will be marked with a numbered tag that uniquely identifies each seedling. A
document providing seedling information shall be presented (to CEMVN) for each
monitoring station and this document shall not only list the specific tag number for each
seedling within the monitoring station, but also the species (by scientific and common
name), height, diameter, wetland rating, hard mast or soft mast categorization, and
general condition of each stem.
To establish baseline information this data will be obtained immediately following
the initial planting of the Bank site or phase of the Bank.
B. Transects
The Sponsor shall establish transects along planted rows to be used to determine
overall survivorship of planted seedlings. Transects shall make up approximately 3
percent of the total number of rows and arranged so that a representative sample of the
entire track is obtained. The beginning and ending points of each transect shall be
marked with a permanent marker (e.g., an 8-foot PVC pipe anchored with a metal T
post) and GPS coordinates shall be recorded for these points.
To establish baseline information transects will be surveyed to determine the
number by species of planted seedlings within 60 days of planting. Transects will be
surveyed until successful attainment of the interim success criteria. Initial and interim
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ATTACHMENT C: MITIGATION WORK PLAN
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transect surveys shall record the species present, the number of living seedlings for
each species, the wetland indicator status of each species, the mast type of each
species and describe the general condition of the seedlings. Any failed areas of
plantings should be noted along with an explanation for the failure.
C. Soil Profile
The Sponsor will collect data on the hydrologic conditions of the Bank as
necessary. Sufficient data shall be provided to accurately demonstrate variations in soil
conditions. Information to demonstrate hydric properties within the soil shall be
provided as a description of the upper 12 inches of the soil profile. Such data will be
presented as points with GPS coordinates for each point, a hydric indication for each
point, and an explanation to support the information for each point. This information
shall also be provided on a referenced map included as an attachment.
The Sponsor will be required to submit a Corps issued JD (at year 3) to show
that the Property meets the wetland criterion as described in the 1987 Manual as well
as the Regional Supplement of the Corps of Engineers Wetland Delineation Manual:
Atlantic and Gulf Coastal Plain Region Version 2.0.
D. Floristic Survey
To document the attainment of the long-term success criteria the Sponsor will
complete a comprehensive floristic survey for the Bank as part of the monitoring
requirements.
A floristic survey should be comprehensive over the entire site, and should be
conducted using systematic field techniques. This survey should provide a list of plants
and communities existing on the site. If adverse conditions such as disease, drought,
predation, or herbivory, etc. exist and have impacted the plantings then this information
and these conditions need to be discussed in the report.
E. Photographs
Digital images shall be taken from ground level at each monitoring station and
from elevated positions throughout the Bank to document overall conditions. These
ground level images should provide a North, South, East, and West image for each
station.
F. Qualitative Analysis
The Sponsor shall evaluate the entire extent of the Bank (or phase of the Bank
that this report represents) and provide observations concerning overall seeding
survivorship, colonization of the Bank by volunteer plant species, wildlife utilization and
any other information that is pertinent to achievement of initial success criteria.
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ATTACHMENT C: MITIGATION WORK PLAN
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G. Hydrologic Conditions
A description of the condition of any applicable hydrology altering features
(culverts, ditches, plugs, etc.) and a general discussion of hydrologic conditions at
monitoring stations shall be provided.
H. Ledgers
The Sponsor will utilize the Regulatory In-Lieu Fee and Bank Information
Tracking System (RIBITS) as a ledger to show all transactions. The Sponsor will input
the following information: transaction date, permittee name, credits/acres sold and DA
permit number. No other reporting measures are required.
X. Monitoring Reports
Independent of the As-built report the Sponsor will submit monitoring reports
documenting monitoring efforts at the Bank to the CEMVN by July 31st of the year
monitoring occurs. Besides monitoring results for that monitoring year, reports will
include a financial assurance report documenting withdrawals and deposits. The
monitoring reports will follow the guidelines listed below:
The monitoring report will include data sufficient for comparison to the
performance standards found in Section VIII. of this MWP. The Sponsor shall also
include, in these reports, a discussion of all activities which took place at the Bank.
A. As-Built Report
An as-built report will be submitted to CEMVN within 60 days following
completion of all work required to restore or enhance special aquatic sites. The as-built
report will describe in detail the work performed and provide a list of species planted,
the number of each species, the hard or soft mast categorization, and the wetland
rating. No deviation from the MWP may occur without prior approval from the IRT. The
as-built report will include a discussion of the coordination with IRT members, a
description of and reasons for any approved deviation. The as-built report shall provide:
a. A survey showing finished grades and plantings with written documentation,
plan view and cross sectional drawings of all construction and establishment
work implemented on the bank.
b. Survey data collected from the permanent monitoring stations and the transects.
This survey data should include the number and species of the seedlings planted,
timing of all work events, and maps showing the location (including latitude/longitude) of
all monitoring stations as described in this Work Plan. .
c. Detailed descriptions of site preparation, planting procedures, etc.
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ATTACHMENT C: MITIGATION WORK PLAN
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B. Initial Success Criteria Report
The Sponsor shall monitor the Bank in the spring (March 15-May 31) of its
second growing season following initial planting of the Bank. The Sponsor will provide
an Initial Success Criteria Report by July 31st of that year.
The Sponsor shall provide details in accordance with this MWP, on any
maintenance/management work conducted on the Bank after submission of the As-Built
Report. The Sponsor shall provide a brief description of any anticipated
maintenance/management work to be conducted prior to attainment of interim success
criteria.
1. Vegetation
a. Permanent Circular Plot Data
The Sponsor shall provide plot data in tabular form on all planted seedlings
falling within each permanent circular monitoring plot as described and as established in
accordance with Section IX. of this MWP. A description of the general condition of the
seedlings, including the number and species of surviving seedlings in each monitoring
station, the tag number and a discussion of likely causes of mortality for the nonsurvivors shall be provided. A number (by species) of exotic/invasive species,
including, a description of the generalized degree of distribution and whether they are
seed bearing trees or seedlings will also be provided.
b. Transect Data
The Sponsor shall provide data in tabular form for the total number of planted
seedlings as described in IX.B of this MWP. A description of the general condition of
the seedlings and the discussion of likely causes of mortality, if appropriate shall also be
provided. Exotic/invasive species should be noted along with information on the
generalized amount of each and whether they are seed bearing trees or seedlings.
2. Hydrologic Data
The Sponsor shall provide a description of the condition of any applicable
hydrology altering features (culverts, ditches, plugs, etc.) and a general discussion of
hydrologic conditions at monitoring stations.
3. Photographs
The Sponsor must submit digital photographs in accordance with section IX.E. of
this MWP.
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ATTACHMENT C: MITIGATION WORK PLAN
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4. Qualitative Analysis
The Sponsor must provide a qualitative analysis of the site as described in IX.F.
of this MWP.
5. Funding
The Sponsor shall provide CEMVN with copies of the most recent financial
account statements for both the financial assurance accounts and the Long-term
Maintenance and Protection Fund. If any escrowed funds were used, the Sponsor will
include a narrative describing that use, the justification for that use and supporting
documentation (e.g. receipts). The Sponsor shall also provide any justification for any
requested release from financial assurance accounts.
C. Interim Success Criteria Report
The Sponsor shall monitor the Bank in the spring (March 15-May 31) of its third growing
season following attainment of the one-year survivorship criteria for the Bank. The
Sponsor will provide an Interim Success Criteria Report by July 31st of that year.
1. Vegetation
Note: For a given planting, a minimum of 250 seedlings/saplings per acre must be
present at the end of the fourth year (i.e. Year 5) following successful attainment of the
one-year survivorship criteria. Trees established through natural recruitment may be
included in this tally; however, no less than 125 hard mast-producing seedlings per acre
must be present. Surviving hard mast seedlings must be representative of the species
composition and percentage identified in this MWP. Exotic/invasive species may not be
included in this tally.
a. Permanent Circular Plot Data
The Sponsor shall provide plot data in tabular form on all planted seedlings
falling within each permanent circular monitoring plot as described and as established in
accordance with Section IX. of this MWP. A description of the general condition of the
seedlings, including the number and species of surviving seedlings in each monitoring
station, the tag number and a discussion of likely causes of mortality for the nonsurvivors shall be provided. A number (by species) of exotic/invasive species,
including, a description of the generalized degree of distribution and whether they are
seed bearing trees or seedlings will also be provided.
b. Transect Data
The Sponsor shall provide data in tabular form for the total number of planted
seedlings as described in IX.B of this MWP. A description of the general condition of
the seedlings and the discussion of likely causes of mortality, if appropriate shall also be
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ATTACHMENT C: MITIGATION WORK PLAN
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provided. Exotic/invasive species should be noted along with information on the
generalized amount of each and whether they are seed bearing trees or seedlings.
2. Hydrologic Data
By Year 3, two years following attainment of the one-year survivorship criteria,
the Sponsor must provide a CEMVN issued wetland determination to prove that
site hydrology has been restored such that the Property meets the wetland criterion
as described in the 1987 Manual as well as the November 2010 Regional Supplement
to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain
Region Version 2. The Sponsor shall submit a wetland delineation report and a request
for a jurisdictional determination to CEMVN.
3. Photographs
The Sponsor must submit digital photographs in accordance with Section IX.E. of
this MWP.
4. Qualitative Analysis
The Sponsor must provide a qualitative analysis of the site as described in
Section IX.F. of this MWP. The Sponsor shall provide details on any
maintenance/management work conduction on the Bank after submission of the Initial
Success Criteria Report. The Sponsor shall provide a brief description of any
anticipated maintenance/management work to be conducted prior to attainment of longterm success criteria. Note: By year 5, four years following successful attainment of the
one-year survivorship criteria, the developing community must exhibit characteristics
and diversity indicative of a viable native forested wetland community commensurate
with stand age and site conditions; the Bank and the perimeter will be virtually free
(approximately 5 percent or less on an acre-by-acre basis) of exotic/invasive vegetation.
5. Funding
The Sponsor shall provide CEMVN with copies of the most recent financial
account statements for both the financial assurance accounts and the Long-term
Maintenance and Protection Fund. If any escrowed funds were used, the Sponsor will
include a narrative describing that use, the justification for that use and supporting
documentation (e.g. receipts). The Sponsor shall also provide any justification for any
requested release from financial assurance accounts.
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ATTACHMENT C: MITIGATION WORK PLAN
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LAUREL VALLEY COASTAL MITIGATION BANK, AMENDMENT ONE
D. Long Term Success Criteria Report
1. Vegetation
Note: For a given planting, a minimum of 250 seedlings/saplings per acre must be
present at the end of the fourth year (i.e. Year 5) following successful attainment of the
one-year survivorship criteria. Trees established through natural recruitment may be
included in this tally; however, no less than 125 hard mast-producing seedlings per acre
must be present. Surviving hard mast seedlings must be representative of the species
composition and percentage identified in this MWP. Exotic/invasive species may not be
included in this tally.
a. Permanent Circular Plot Data
The Sponsor shall provide plot data in tabular form on all planted seedlings
falling within each permanent circular monitoring plot as described and as established in
accordance with Section IX. of this MWP. A description of the general condition of the
seedlings, including the number and species of surviving seedlings in each monitoring
station, the tag number and a discussion of likely causes of mortality for the nonsurvivors shall be provided. A number (by species) of exotic/invasive species,
including, a description of the generalized degree of distribution and whether they are
seed bearing trees or seedlings will also be provided.
b. Transect Data
The Sponsor shall provide data in tabular form for the total number of planted
seedlings as described in Section IX.B of this MWP. A description of the general
condition of the seedlings and the discussion of likely causes of mortality, if appropriate
shall also be provided. Exotic/invasive species should be noted along with information
on the generalized amount of each and whether they are seed bearing trees or
seedlings.
2. Hydrologic Data
Note: By Year 3, two years following attainment of the one-year survivorship
criteria, the Sponsor must provide a CEMVN issued wetland determination to prove
that site hydrology has been restored such that the Property meets the wetland
criterion as described in the 1987 Manual as well as the November 2010 Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf
Coastal Plain Region Version 2. The Sponsor shall submit a wetland delineation report
and a request for a jurisdictional determination to CEMVN.
Provide supporting documentation that the hydrology achieved at year three still
exists on the site.
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ATTACHMENT C: MITIGATION WORK PLAN
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3. Photographs
The Sponsor must submit digital photographs in accordance with Section IX.E. of
this MWP.
4. Qualitative Analysis
The Sponsor must provide a qualitative analysis of the site as described in
Section IX.F. of this MWP. The Sponsor shall provide details on any
maintenance/management work conduction on the Bank after submission of the Initial
Success Criteria Report. The Sponsor shall provide a brief description of any
anticipated maintenance/management work to be conducted prior to attainment of longterm success criteria. Note: By year 5, four years following successful attainment of the
one-year survivorship criteria, the developing community must exhibit characteristics
and diversity indicative of a viable native forested wetland community commensurate
with stand age and site conditions; the Bank and the perimeter will be virtually free
(approximately 3% or less on an acre-by-acre basis) of exotic/invasive vegetation.
5. Funding
The Sponsor shall provide CEMVN with copies of the most recent financial
account statements for both the financial assurance accounts and the Long-term
Maintenance and Protection Fund. If any escrowed funds were used, the Sponsor will
include a narrative describing that use, the justification for that use and supporting
documentation (e.g. receipts). The Sponsor shall also provide any justification for any
requested release from financial assurance accounts.
XI. Bank Credits
A. Credit Determination
Refer to Attachment MWP-C.
B. Schedule of Credit Availability
Upon submittal of all appropriate documentation by the Sponsor, and subsequent
approval by CEMVN in consultation with the IRT, CEMVN will release credits for use by
the Sponsor according to the following schedule:
1. Thirty percent (30%) of total anticipated project credits will be available for debiting
upon confirmation that all items in Section XI. F (1-7) of the MBI has been completed.
2. An additional ten percent (10%) of total anticipated credits will be available for
debiting upon providing documentation that the initial 210.1-acre vegetative plantings
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ATTACHMENT C: MITIGATION WORK PLAN
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and 3.2-acre enhancement work have been conducted as outlined in Section VI of this
Work Plan.
3. An additional ten percent (10%) of total anticipated credits will be available for
debiting upon providing documentation of the completion of the work necessary to
restore site topography and wetland hydrology of the Bank (i.e. 5,075-feet of west
perimeter levee degraded) and the 12.9- acre second vegetative planting event has
been completed per Section VI of this Work Plan.
4. An additional twenty percent (20%) of the total anticipated credits would be released
upon successfully completing the initial success criteria (Section VIII. A)
5. An additional twenty percent (20%) of the total anticipated credits would be released
upon successfully completing the interim success criteria (Section VIII B).
6. The remaining ten percent (10%) of the total anticipated credits would be released
once the long-term success criteria (Section VIII. C) are met.
XII. Adaptive management plan
An adaptive management strategy, contingency, and remedial responsibilities
shall be in place, and will be implemented in the event monitoring reveals that certain
success criteria have not been met. In the event of a deficiency, the Sponsor shall
provide a notice to the CEMVN. This notice shall include an explanation for the
deficiency, and will outline specific practices and measures that will guide decisions for
revising compensatory mitigation plans if needed.
If performance standards are not met as specified in Section VIII of this MWP the
Sponsor shall take appropriate actions, as recommended by the CEMVN, to address
the causes of mortality and shall replace seedlings of the appropriate species during the
following planting season. Replanting, monitoring and reporting, as previously
described, shall occur as needed to achieve and document the required survival rate.
If the performance standard is not met after three unsuccessful attempts, the
CEMVN will convene a meeting with the Sponsor to decide if replanting should
continue. Should the CEMVN determine that achieving the required survival rate would
not be likely; the Sponsor shall be required to provide replacement mitigation for the
increment of value that did not accrue within the unsuccessful areas within one year of
this decision.
If wetland hydrology is not documented by Year 5, the Sponsor shall document in
the monitoring report those areas where attention is needed. The CEMVN may require
the Sponsor to conduct adaptive management measures in order to obtain adequate
hydrology. With approval of the CEMVN, the Sponsor would establish a means of
increasing the amount of available water to the site.
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ATTACHMENT C: MITIGATION WORK PLAN
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LAUREL VALLEY COASTAL MITIGATION BANK, AMENDMENT ONE
XIII. Long Term Protection and Maintenance
To ensure long-term sustainability of the resource, the Sponsor shall burden the
property with a perpetual conservation servitude as described in Section X of this MBI.
XIV. Funding
Section IX. A of this MBI provides specific details about the funding for the Construction
and Establishment (C & E) Activities for the Bank.
A. Construction and Establishment (C&E) Funds
1. Estimate of C & E Funds Required
The amount required for a third-party to construct and manage the Bank as
specified in this MWP through the first 15 years is estimated at $326,008.53. The
construction cost (Year 0) is estimated at $230,184.45 and the establishment costs over
the first 15 years (Years 1-15) are estimated at $95,851.95. MWP Attachment C is an
estimate of work and costs requirements for constructing and establishment of the
Bank.
2. C&E Funding Mechanism
To fund this account the Sponsor proposes to establish an escrow account in the
amount identified in Section XIV.A.1 of this MWP.
3. C & E Release Schedule
The Financial assurances shall be reduced as success criteria are achieved and
the probability decreases that those funds would be needed according to the following
schedule:
1. Upon verification that all hydrologic modifications, construction, and planting as
described in this MWP (Attachment C of the MBI) have been completed to the
satisfaction of CEMVN, in consultation with the IRT, CEMVN shall advise the Sponsor
and the financial institution that the C & E financial assurance may be reduced to
$95,851.95.
2. Upon verification by CEMVN, in consultation with the IRT, that the initial success
criteria have been attained for all tracts to the satisfaction of CEMVN, in consultation with
the IRT, CEMVN shall advise the Sponsor and the financial institution that the C & E
financial that assurance may be reduced to $58,262.47.
3. Upon verification by CEMVN, in consultation with the IRT, that the interim success
criteria have been attained for all tracts to the satisfaction of CEMVN, in consultation with
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ATTACHMENT C: MITIGATION WORK PLAN
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the IRT, CEMVN shall advise the Sponsor and the financial institution that the C&E
financial assurance may be reduced to $20,108.14.
4. Upon verification by CEMVN, in consultation with the IRT, that the long-term success
criteria have been attained for all tracts to the satisfaction of CEMVN, in consultation with
the IRT, CEMVN shall notify the Sponsor and the financial institution that the remaining
C&E financial assurance may be released to the Sponsor.
B. Long Term Maintenance/Management Funds
1. Long-term Management Needs
To ensure the long-term sustainability of the resource, the Sponsor will continue
monitoring efforts and maintenance as described in Section VII of this MWP. These
include, but are not limited to, invasive species control, boundary maintenance every five
years, payment of property taxes and continued monitoring.
2. Annual Cost Estimates for Long-Term Needs
The cost of long-term management is $70,579.78 from year 16 to year 50. This amounts
to $113,308.79 when adjusted for inflation every five years. Attachment D contains a
description of the necessary work and an itemization of costs to perform the work for long
term management and protection of the Bank.
3. Long-Term Maintenance and Protection Funding Mechanism
To ensure that sufficient funds are available to provide for the perpetual maintenance and
protection of the Bank, the Sponsor is establishing the "Long-Term Maintenance and
Protection" escrow account. This account will be administered by a federally-insured
depository that is "well capitalized" or "adequately capitalized" as defined in Section 38 of
the Federal Deposit Insurance Act. The account will be incrementally funded by deposit a
minimum of $360.90 into the account per credit /acre sold at the time of credit sale. The
deposit value per credit/acre must reflect, at a minimum, the total fund value divided by no
more than 90 percent of anticipated credits. Once the account is fully funded
($81,634.89), no incremental fund per credit sale is required. The account shall be fully
funded by the time 70 percent of the total number of credits are sold or upon successful
achievement of the Long-term Success Criteria, whichever occurs first. If the Long-term
Success Criteria are met prior to fully funding the escrow account then the Sponsor must
deposit into the escrow account the difference between the amount determined to be full
funding and the account balance difference between the amount determined to be full
funding and the account balance. Documentation that the account is fully funded is a prerequisite for release of the remaining credits following attainment of the Lon-term Success
Criteria as identified in this MWP. Accrued interest in excess of the value of the fully
funded account may only be used for the administration, operation, maintenance and/or
other purposed that directly benefit the Bank. The principal shall not be used and shall
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ATTACHMENT C: MITIGATION WORK PLAN
FOR BOTTOMLAND HARDWOOD AND BALDCYPRESS SWAMP HABITAT
LAUREL VALLEY COASTAL MITIGATION BANK, AMENDMENT ONE
remain as part of the Bank's assets to ensure that sufficient funds are available should
perpetual maintenance responsibilities be assumed by a third party. The Sponsor or
Long-term Steward may withdraw the accumulated interest only with written approval
from CEMVN and only to be used to maintain the Bank. The Sponsor shall provide
copies of depository account statements to CEMVN upon request and in their monitoring
reports.
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ATTACHMENT MWP A
TABLES AND FIGURES
Table 1. Pre-Restoration Conditions and Post-Restoration Mitigation Habitat Types at the
Laurel Valley Coastal Mitigation Bank Amendment One in Lafourche Parish, Louisiana.
Baseline Condition
Non-wetland Pasture
Wetland Pasture
Non-wetland Pasture
Wetland Pasture
West Perimeter
Levee/Borrow Canal
Wetland Pasture
Non-wetland Pasture
Wetland Forest
Wetland Forest
Canal
Pasture
Pasture
1
2
Mitigation Habitat and Type
Type 2 and 3 Bottomland Hardwood Re-establishment
(>2.0 feet NAVD)
Type 2 and 3 Bottomland Hardwood Rehabilitation (>2.0
feet NAVD)
Type 1 Bottomland Hardwood Re-establishment (1.2 to
2.0 feet NAVD)
Type 1 Bottomland Hardwood Rehabilitation (1.2 to 2.0
feet NAVD)
Type 2 and 3 Bottomland Hardwood Re-establishment
(1.2 to 2.0 feet NAVD)
Baldcypress Swamp Rehabilitation (<1.2 feet NAVD)
Baldcypress Swamp Re-establishment (<1.2 feet NAVD)
Baldcypress Swamp Species Composition Enhancement
Hydric Inclusion
Total Restoration and Enhancement Credit Acreage
Total Inclusion Acreage
Total Restoration, Enhancement and Inclusion Acreage
Canal to Remain
Pipeline Rights-of-way
Access Roads
Total Non-mitigation Acreage
Total Conservation Servitude Acreage
Acres
48.5
5.5
63.6
28.8
12.91
42.1
21.6
3.2
8.3
226.2
8.3
234.5
4.8
2.6
5.8
13.2
247.7
These acres are associated with the degradation of the 5,075-foot west perimeter levee.
The 12.9 acres are associated with the degradation of the 5,075-foot west perimeter levee. This 12.9 acres
combined with the 48.5 acres on non-wetland equals the 61.4 total acres of Type 1 BLH Re-establishment on Figure
4 of the Mitigation Work Plan.
Table 2. Mitigation Habitat Types at the Laurel Valley Coastal Mitigation Bank
Amendment One in Lafourche Parish, Louisiana.
Mitigation Habitat and Type
Acres
Type 2 and 3 Bottomland Hardwood Re-establishment (>2.0 feet NAVD)
61.4
Type 2 and 3 Bottomland Hardwood Rehabilitation (>2.0 feet NAVD)
5.5
Type 1 Bottomland Hardwood Re-establishment (1.2 to 2.0 feet NAVD)
63.6
Type 1 Bottomland Hardwood Rehabilitation (1.2 to 2.0 feet NAVD)
28.8
Swamp Rehabilitation (<1.2 feet NAVD)
42.1
Swamp Re-establishment (<1.2 feet NAVD)
21.6
Swamp Species Composition Enhancement
3.2
Hydric Inclusion
8.3
Total Restoration and Enhancement Credit Acreage
226.2
Total Inclusion Acreage
8.3
Total Restoration, Enhancement and Inclusion Acreage
234.5
Canal to Remain
4.8
Pipeline Rights-of-way
2.6
Access Roads
5.8
Total Non-mitigation Acreage
13.2
Total Conservation Servitude Acreage
247.7
Table 3. Planting Composition of Re-established and Rehabilitated Baldcypress-Tupelo
Swamp and Bottomland Hardwood Forest at the Laurel Valley Coastal Mitigation Bank
Amendment One in Lafourche Parish, Louisiana1.
Baldcypress Swamp Species
Common Name
Scientific Name
baldcypress
Taxodium distichum
swamp tupelo
Nyssa biflora
overcup oak
Quercus lyrata
Nuttall oak
Quercus texana
Drummond red maple
Acer rubrum var. drummondii
mayhaw
Crataegus opaca
buttonbush
Cephalanthus occidentalis
Carolina ash
Fraxinus caroliniana
eastern swampprivet
Forestiera acuminata
pumpkin ash
Fraxinus profunda
Indicator Status2
OBL
OBL
OBL
FACW
OBL4
OBL
OBL
OBL
OBL
OBL
Composition3
50-80%
<20%
<20%
<20%
<10%
<10%
<10%
<10%
<10%
<10%
Type 1 Bottomland Hardwood Species (Approximately 60% Hard Mast and 40% Soft Mast)
Common Name
Scientific Name
Indicator Status
Composition
overcup oak
Quercus lyrata
OBL
<20%
Nuttall oak
Quercus texana
FACW
<20%
willow oak
Quercus phellos
FACW
<20%
water hickory
Carya aquatica
OBL
<20%
baldcypress
Taxodium distichum
OBL
<50%
Drummond red maple
Acer rubrum var. drummondii
OBL4
<10%
mayhaw
Crataegus opaca
OBL
<10%
eastern swampprivet
Forestiera acuminata
OBL
<10%
green ash
Fraxinus pennsylvanica
FACW
<10%
redbay
Persea borbonia
FACW
<10%
Type 2 and 3 Bottomland Hardwood Species (Approximately 60% Hard Mast and 40% Soft Mast)
Common Name
cow oak
willow oak
Nuttall oak
Delta post oak
water oak
Shumard's oak
sugarberry
green ash
sweetgum
red mulberry
American sycamore
redbay
eastern cottonwood
American elm
1
Scientific Name
Quercus michauxii
Quercus phellos
Quercus texana
Quercus similis
Quercus nigra
Quercus shumardii
Celtis laevigata
Fraxinus pennsylvanica
Liquidambar styraciflua
Morus rubra
Platanus occidentalis
Persea borbonia
Populus deltoides
Ulmus americana
Indicator Status
FACW
FACW
FACW
FACW
FAC
FAC
FACW
FACW
FAC
FACU5
FACW
FACW
FAC
FAC
Composition
<20%
<20%
<20%
<20%
<10%
<10%
<10%
<10%
<10%
<10%
<10%
<10%
<10%
<10%
All species selected have flood tolerances of Class I, II, or III as described in Shankman 1996.
Indicator status from 2013 National Wetland Plant List (Lichvar and Kortesz 2009)
3
Exact species and quantities to be determined by seedling availability from commercial sources providing seedlings grown from
localized ecotypes.
4
Indicator status from 1988 National Wetland Plant List, Region 2
5
These species are designated as UPL on the 2013 National Wetland Plant List but were FAC species on the 1988 National
Wetland Plant List for Region 2. These species were previously listed as FAC on the 1988 National Wetland Plants List for
Region 2. Although potentially upland species, these are native to the site and will provide increased habitat value given the goals
of the project. The occurrence of the species at the specified composition will not affect the targeted plant community from being
classified as a hydrophytic plant community in accordance with the methodology prescribed in the Atlantic and Gulf Coastal Plain
Regional Supplement (USACE 2010).
2
Table 4. Planting Composition of Enhanced Baldcypress-Tupelo Swamp Forest Post
Treatment at the Laurel Valley Coastal Mitigation Bank in Lafourche Parish, Louisiana1.
Swamp Species
Common Name
baldcypress
swamp tupelo
1
Scientific Name
Taxodium distichum
Nyssa biflora
Indicator
Status2
OBL
OBL
Composition3
50-80%
<20%
All species selected have flood tolerances of Class I, II, or III as described in Shankman 1996.
Indicator status from 2013 National Wetland Plant List (Lichvar and Kortesz 2009)
3
Exact species and quantities to be determined by seedling availability from commercial sources
providing seedlings grown from localized ecotypes.
2
Project Area
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
I
Laurel Valley Coastal Mitigation Bank
Laurel Valley Coastal Mitigation Bank Amendment One
Vicinity Map
Lafourche Parish, Louisiana
Created :
8.5
4.25
0
8.5
Approved :
LJW/AM10.2
---
Date : 06/09/2015
Map No. : F01_Vicinity Map
Miles
FIGURE 1
08090301
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
Laurel Valley Coastal Mitigation Bank
Proposed Primary Service Area
20
10
Geographic Service Area
I
0
Lafourche Parish, Louisiana
Created :
20
Approved :
DEB/AM10.2.1
---
Date : 07/15/2014
Map No. : F02_Service Area
Miles
FIGURE 2
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,
GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©
OpenStreetMap contributors, and the GIS User Community
Laurel Valley Coastal Mitigation Bank Amendment One
Laurel Valley Coastal Mitigation Bank
Coastal Wetlands Conservation Plan Boundary
Coastal Zone Boundary
6
Laurel Valley Coastal
Mitigation Bank Amendment One
Coastal Zone and Coastal Wetlands
Conservation Plan Boundary
I
3
0
Lafourche Parish, Louisiana
Created :
6
Approved :
LJW/AM10.1
---
Date : 02/10/2015
Map No. : F03_Coastal Boundaries
Miles
FIGURE 3
1,000
500
I
0
1,000
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
Project Area (247.7 Acres)
Swamp Re-establishment (21.6 Acres)
Type 1 BLH Re-establishment (63.6 Acres)
Swamp Enhancement (3.2 Acres)
Type 1 BLH Rehabilitation (28.8 Acres)
Hydric Inclusion (8.3 Acres)
Type 2-3 BLH Re-establishment (61.4 Acres)
Access Road (5.8 Acres)
Laurel Valley Coastal
Mitigation Bank Amendment One
MITIGATION FEATURES
Lafourche Parish, Louisiana
Created :
Approved :
Type 2-3 BLH Rehabilitation (5.5 Acres)
Canal to Remain (4.8 Acres)
Swamp Rehabilitation (42.1 Acres)
ROW (2.6 Acres)
LJW/AM10.2
---
Date : 022/20/2015
Map No. : F04_Mitigation Features
FIGURE 4
2,500
1,250
I
0
2,500
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Project Area (247.7 Acres)
Woody Wetlands (58%)
Cultivated Crops (24%)
Laurel Valley Coastal Mitigation Bank (12%)
Pasture/ Hay (3%)
Developed, Low Intensity (2%)
Emergent Herbaceous Wetlands (1%)
Surrounding Land Use
within One Mile
Lafourche Parish, Louisiana
Created :
Approved :
LJW/AM10.1
---
Date : 2/20/2015
Map No. : F05_Land Use
FIGURE 5
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
1940 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 09/30/2013
Map No. : F06_1940 Aerial
Feet
FIGURE 6
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
1953 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 06/15/2015
Map No. : F07_1953 Aerial
Feet
FIGURE 7
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
1957 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 06/15/2015
Map No. : F08_1957 Aerial
Feet
FIGURE 8
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
1989 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 06/15/2015
Map No. : F09_1989 Aerial
Feet
FIGURE 9
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
1998 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 06/15/2015
Map No. : F10_1998 Aerial
Feet
FIGURE 10
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
2004 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 06/15/2015
Map No. : F11_2004 Aerial
Feet
FIGURE 11
Laurel Valley Coastal
Mitigation Bank Amendment One
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
1,000
500
2010 Aerial Photograph
I
0
Lafourche Parish, Louisiana
Created :
1,000
Approved :
LJW/AM10.1
---
Date : 06/15/2015
Map No. : F12_2010 Aerial
Feet
FIGURE 12
Existing forested wetland
Existing agriculture field
I
1,000
500
0
Feet
Project Area (247.7 Acres)
Pasture (212.6 Acres)
Nonwetland Forest (22.5 Acres)
Canal (9.4 Acres)
Wetland Forest (3.2 Acres)
1,000
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
Laurel Valley Coastal
Mitigation Bank Amendment One
EXISTING PLANT COMMUNITY
Lafourche Parish, Louisiana
Created :
Approved :
LJW/AM10.1
---
Date : 02/20/2015
Map No. : F13_ExistingPlantConditions
FIGURE 13
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
Project Area
Cm: Cancienne silt loam
Co: Cancienne silty clay loam
FA: Fausse-Schriever association
Sr: Schriever clay, occasionally flooded
Laurel Valley Coastal
Mitigation Bank Amendment One
NRCS SOILS MAP
I
1,000
500
0
Lafourche Parish, Louisiana
Created :
Approved :
1,000
LJW/AM10.2
---
Date : 02/20/2015
Map No. : F14_NRCS Soils Map
Note: Data from Soil Survey Geographic (SSURGO) dataset.
Feet
FIGURE 14
Project Area
Elevation (NAVD)
FEET
<0 - 1
1-2
2-3
3-4
4-5
5- >6
Laurel Valley Coastal
Mitigation Bank Amendment One
I
1,500
750
0
LIDAR Digital Elevation Model
1,500
Lafourche Parish, Louisiana
Created :
Approved :
Feet
LJW/AM10.2
---
Date : 02/20/2015
Map No. : F15_LIDAR DEM
FIGURE 15
Existing Forested Wetland
#
0
Existing Agriculture Field
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
#
0
Laurel Valley Coastal Mitigation Bank Amendment One
Discharge Pump
Water Flow Path
1,000 500
Laurel Valley Coastal
Mitigation Bank Amendment One
I
0
EXISTING DRAINAGE
PATTERNS
Lafourche Parish, Louisiana
1,000
Created :
Approved :
LJW/AM10.2
---
Date : 02/20/2015
Feet
Map No. : F16_Existing Drainage
FIGURE 16
I
1,000 500
0
1,000
Feet
Existing Wetland Forest
#
0
Existing Agricultural Field
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,
USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS
User Community
#
0
Laurel Valley Coastal Mitigation Bank Amendment One
Discharge Pump
Levee Removal
Restored Water Flow Path
Laurel Valley Coastal
Mitigation Bank Amendment One
RESTORED DRAINAGE
PATTERNS
Lafourche Parish, Louisiana
Created : LJW/AM10.1
Approved :
---
Date : 02/20/2015
Map No. : F17_Restored Drainage
FIGURE 17
Approx. 5,075'
Perimeter Levee to
be Degraded
Existing forested wetland
Laurel Valley Coastal Mitigation Bank
Dredge
Deposition Area
A
A'
Existing agriculture field
I
1,000
Note: Dredge material from 5,075 feet of levee removal to be placed in borrow canal.
Project Area
Perimeter Levee to be Degraded (Maximum Limit of Dredging)
Canal to Remain
Canal to be Filled (Maximum Limit of Fill)
500
0
1,000
Feet
Laurel Valley Coastal
Mitigation Bank Amendment One
PLAN VIEW
Lafourche Parish, Louisiana
Created :
Approved :
LJW/AM10.1
---
Date : 02/20/2015
Map No. : F18_PlanView
FIGURE 18
-4
0
0
0
MLWL
MHWL
MLWL
MHWL
Existing Grade
(0.0' to 0.5')
Tidally
Influenced
Forest
PROPOSED FILL
Degraded Levee and Plantings
*Cut
40
FEET
Interior
Canal
80
60
80
100
100
-4
0
4
8
10
-4
0
4
8
10
A'
A'
XsectionA.dwg
FIGURE 19
06/16/2015
Dwg. No.:
LJW
Approved:
Date:
TSC/AutoCAD
Created:
LAFOURCHE PARISH, LA
Cross Section A-A'
Laurel Valley Coastal Mitigation Bank
Amendment One
Existing Grade
(0.0' to 2.0')
Restored
Wetland
Forest
Pasture
Existing Grade
(0.0' to 2.0')
Back-filled Canal Adjacent to Degraded Levee
and Planted
Water Level
(Varies according to
pump activities) (0-5')
MHWL = MEAN HIGH WATER LEVEL IS 2.0 FEET (RANGE 1.5 to 2.5 FEET)
MWL = MEAN WATER LEVEL IS 1.6 FEET (RANGE 1.1 to 2.0 FEET)
MLWL = MEAN LOW WATER LEVEL IS 1.2 FEET (RANGE 0.6 to 1.7 FEET)
20
60
Post Restoration Cross-Section A
FEET
Top of Levee
(5.4' NAVD)
40
Perimeter Levee
*Length of levee degradation will be 5,075 feet .
20
Existing Grade
(0.0' to 0.5')
Tidally
Influenced
Forest
PROPOSED EXCAVATION
MWL
4
8
10
-4
0
MWL
4
8
10
Existing Cross-Section A
Notes:
1. The water levels are from the Coastwide Reference Monitoring System (CRMS) stations 0206 and 0218 and based on daily records from September 2008 to October 2010.
2. The mean high water level is the average of all recorded levels above the mean water level and the mean low water level is the average of all recorded levels below the mean
water level. The mean water level is the average of all recorded levels over this same period.
3. Trees not to scale.
A
A
FEET
FEET
NAVD
NAVD
ATTACHMENT MWP B
PRELIMINARY JURISDICTIONAL
DETERMINATION
Legend
Laurel Valley Coastal Mitigation Bank Amendment One
Attachment MWP-C
Credit Determination
In the event best professional judgment is used instead of a model to assess the
compensatory mitigation requirement, CEMVN may use the following table of ratios
(impact acres to mitigation acres) to determine the amount of mitigation to offset the
impact.
Type of Mitigation
Habitat
Swamp
Bottomland Hardwoods
Habitat Quality of Impacted Wetland
Low
Medium
High
1:1.1
1:1.9
1:3.6
1:1
1:1.6
1:2.8
ATTACHMENT MWP-D
Estimated Construction, Establishment and Long-Term
Maintenance Funding Requirements Report
Cost Reference for Laurel Valley Coastal Mitigation Bank, Amendment One
ver 1.1
Item
Boundary Maintenance
Invasive Species Control
Units
Miles
Acre
Unit Values
3.8
247.7
Price Per Unit
$
150.00
$
90.00
$
$
Invasive Species Control Mobilization
Inspections (rate and per diem)
Taxes on Project Acreage
Planted Acreage
Planting Rate
Seedling Cost (BRS)
Seedling Installation Rate
Planting Cost (BRS and Installation)
Earth Moving
Site Prep and Preemergent Spray
Credit Acreage
Conservation Servitude Acreage
Access Road Maintenance
Fixed
Day
Acre
Acre
Trees/Acre
Seedling
Seedling
Seedling
Cubic Yards
Acres
Acres
Acres
Acres
Fixed
1.0
247.7
226.2
538.0
538.0
538.0
538.0
72,309
226.2
226.2
247.7
21.5
Fixed
$
$
NA
NA
$
$
$
$
$
NA
NA
$
$
$
$
NA
NA
$
$
$
$
$
NA
NA
$
BRS= bare-root seedlings
790.00
3.00
0.22
0.17
0.39
2.00
120.00
10.00
Total Cost
570.00
22,293.00
100.00
790.00
743.10
118.36
91.46
209.82
144,618.00
27,144.00
215.00
Estimated Construction Costs for
Laurel Valley Coastal Mitigation Bank, Amendment One
Year 0
Item
Units
Unit Values Price Per Unit
Hydrology Restoration
Cubic Yards
72,309 $
2.00
Site Prep and Preemergent Spray
Acres
226.2 $
120.00
Planting Costs
Acres
226.2 $
209.82
Subtotal
Construction Cost with 5% Contingency
Cost Per Credit Acre
$
$
$
$
$
$
Cost
144,618.00
27,144.00
47,461.28
219,223.28
230,184.45
1,017.61
Estimated Establishment Costs for
Laurel Valley Coastal Mitigation Bank, Amendment One
Year 1 to 15
Year
1
1
1
1
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
5
5
5
6
6
6
7
7
7
8
8
8
9
9
9
10
10
10
10
10
10
10
11
11
11
12
12
12
13
13
13
14
14
14
15
15
15
15
15
15
15
Event
Monitoring/ Inspection
Replant (30%)
Invasive Species Control (100%)
Invasive Species Mobilization
Access Road Maintenance
Property Taxes
Subtotal
Monitoring/ Inspection
Replant (10%)
Invasive Species Control (25%)
Invasive Species Mobilization
Access Road Maintenance
Property Taxes
Subtotal
Monitoring/ Inspection
Invasive Species Control (20%)
Invasive Species Mobilization
Access Road Maintenance
Property Taxes
Subtotal
Monitoring/ Inspection
Invasive Species Control (10%)
Invasive Species Mobilization
Access Road Maintenance
Property Taxes
Subtotal
Monitoring/ Inspection
Invasive Species Control (5%)
Invasive Species Mobilization
Wildlife Opening and Access Road Maintenance
Property Taxes
Subtotal
Access Road Maintenance
Property Taxes
Subtotal
Access Road Maintenance
Property Taxes
Subtotal
Access Road Maintenance
Property Taxes
Subtotal
Access Road Maintenance
Property Taxes
Subtotal
Monitoring/ Inspection
Invasive Species Control (2%)
Invasive Species Mobilization
Access Road Maintenance
Property Taxes
Boundary Maintenance
Subtotal with Year 10 Adjusted Inflation (2.49%)
Access Road Maintenance
Property Taxes
Subtotal with Year 11 Adjusted Inflation (2.49%)
Access Road Maintenance
Property Taxes
Subtotal with Year 12 Adjusted Inflation (2.49%)
Access Road Maintenance
Property Taxes
Subtotal with Year 13 Adjusted Inflation (2.49%)
Access Road Maintenance
Property Taxes
Subtotal with Year 14 Adjusted Inflation (2.49%)
Monitoring/ Inspection
Invasive Species Control (2%)
Invasive Species Mobilization
Access Road Maintenance
Property Taxes
Boundary Maintenance
Subtotal with Year 15 Adjusted Inflation (2.49%)
Event Cost
$
790.00
$ 47,461.28
$ 22,293.00
$
100.00
$
215.00
$
743.10
Percent
100%
30%
100%
100%
100%
100%
$
$
$
$
$
$
790.00
47,461.28
22,293.00
100.00
215.00
743.10
100%
10%
25%
100%
100%
100%
$
$
$
$
$
790.00
22,293.00
100.00
215.00
743.10
100%
20%
100%
100%
100%
$
$
$
$
$
790.00
22,293.00
100.00
215.00
743.10
100%
10%
100%
100%
100%
$
$
$
$
$
790.00
22,293.00
100.00
215.00
743.10
100%
5%
100%
100%
100%
$
$
215.00
743.10
100%
100%
$
$
215.00
743.10
100%
100%
$
$
215.00
743.10
100%
100%
$
$
215.00
743.10
100%
100%
$
$
$
$
$
$
790.00
22,293.00
100.00
215.00
743.10
570.00
100%
2%
100%
100%
100%
100%
$
$
215.00
743.10
100%
100%
$
$
215.00
743.10
100%
100%
$
$
215.00
743.10
100%
100%
$
$
215.00
743.10
100%
100%
$
$
$
$
$
$
790.00
22,293.00
100.00
215.00
743.10
570.00
100%
2%
100%
100%
100%
100%
Occurences Inflation
Per Year
Factor
0
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
$
5
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
$
5
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
$
5
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
$
5
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
1
1.0000 $
$
1
1.0000 $
1
1.0000 $
$
1
1.0000 $
1
1.0000 $
$
1
1.0000 $
1
1.0000 $
$
1
1.0000 $
1
1.0000 $
$
5
1.0249 $
1
1.0249 $
1
1.0249 $
1
1.0249 $
1
1.0249 $
1
1.0249 $
$
1
1.0249 $
1
1.0249 $
$
1
1.0249 $
1
1.0249 $
$
1
1.0249 $
1
1.0249 $
$
1
1.0249 $
1
1.0249 $
$
5
1.0249 $
1
1.0249 $
1
1.0249 $
1
1.0249 $
1
1.0249 $
1
1.0249 $
$
14,238.39
22,293.00
100.00
215.00
743.10
37,589.49
3,950.00
4,746.13
5,573.25
100.00
215.00
743.10
15,327.48
3,950.00
4,458.60
100.00
215.00
743.10
9,466.70
3,950.00
2,229.30
100.00
215.00
743.10
7,237.40
3,950.00
1,114.65
100.00
215.00
743.10
6,122.75
215.00
743.10
958.10
215.00
743.10
958.10
215.00
743.10
958.10
215.00
743.10
958.10
4,048.36
456.96
102.49
220.35
761.60
584.19
6,173.96
220.35
761.60
981.96
220.35
761.60
981.96
220.35
761.60
981.96
220.35
761.60
981.96
4,048.36
456.96
102.49
220.35
761.60
584.19
6,173.96
$
$
95,851.95
423.75
Total
Total Per Credit Acre
Years 10-15 adjusted using an inflation rate of 2.49%. This is the average Consumer Price Index (CPI) from 1983-2012.
Cost
Percent of
Cost
39.2%
Release Milestone
$95,851.95
Initial Success
$37,589.49
$58,262.47
16.0%
9.9%
7.6%
6.4%
Interim Success
$38,154.33
$20,108.14
1.0%
1.0%
1.0%
1.0%
6.4%
1.0%
1.0%
1.0%
1.0%
6.4%
100.0%
Long-Term Success
$20,108.14
$0.00
Estimated Long-Term Annualized Cost Summary
Laurel Valley Coastal Mitigation Bank, Amendment One
Item
Units
Unit
Values
Price Per
Unit
Boundary Maintenance (10-year event)
Miles
3.8 $
0.5% Invasive Species Control (annual event)
Acre
247.7 $
Fixed
Fixed Fixed
Acre
Day
Acre
21.5 $
5.0 $
247.7 $
Invasive Species Control Mobilization (annual
event)
Access Road Maintenance
Inspection (annual event)
Taxes (annual event)
Average Annual Cost (Starting at Year 16)
Unit
Percent
Cost
Years
Annualized
Cost
150.00 100.0%
$
570.00
10
$
57.00
90.00 0.5%
$
111.47
1
$
111.47
$
100.00
1
$
100.00
$
$
$
215.00
790.00
743.10
1
1
1
$
$
$
215.00
790.00
743.10
NA
10.00 100.0%
790.00 20.0%
3.00 100.0%
$ 2,016.57
Year
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Inflation
Interest
Per Credit
Acre
70%
Item
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Annual Cost
Total
Average
Estimated Long-Term Costs and Projected Account Activity for
Laurel Valley Coastal Mitigation Bank, Amendment One
Year 16 to 50
Inflationary Adjustment1
Beginning Balance2
Total Cost
$
$
$
81,634.89
$
2,016.57 $
2,066.78 $
84,598.24
$
2,016.57 $
2,118.24 $
85,527.35
$
2,016.57 $
2,170.98 $
86,436.86
$
2,016.57 $
2,225.04 $
87,324.73
$
2,016.57 $
2,280.45 $
88,188.81
$
2,016.57 $
2,337.23 $
89,026.83
$
2,016.57 $
2,395.43 $
89,836.44
$
2,016.57 $
2,455.07 $
90,615.12
$
2,016.57 $
2,516.20 $
91,360.26
$
2,016.57 $
2,578.86 $
92,069.09
$
2,016.57 $
2,643.07 $
92,738.73
$
2,016.57 $
2,708.88 $
93,366.14
$
2,016.57 $
2,776.33 $
93,948.11
$
2,016.57 $
2,845.46 $
94,481.31
$
2,016.57 $
2,916.32 $
94,962.23
$
2,016.57 $
2,988.93 $
95,387.18
$
2,016.57 $
3,063.36 $
95,752.31
$
2,016.57 $
3,139.63 $
96,053.56
$
2,016.57 $
3,217.81 $
96,286.70
$
2,016.57 $
3,297.93 $
96,447.29
$
2,016.57 $
3,380.05 $
96,530.67
$
2,016.57 $
3,464.22 $
96,531.99
$
2,016.57 $
3,550.48 $
96,446.13
$
2,016.57 $
3,638.88 $
96,267.77
$
2,016.57 $
3,729.49 $
95,991.31
$
2,016.57 $
3,822.36 $
95,610.93
$
2,016.57 $
3,917.53 $
95,120.50
$
2,016.57 $
4,015.08 $
94,513.63
$
2,016.57 $
4,115.05 $
93,783.65
$
2,016.57 $
4,217.52 $
92,923.57
$
2,016.57 $
4,322.53 $
91,926.08
$
2,016.57 $
4,430.17 $
90,783.55
$
2,016.57 $
4,540.48 $
89,488.02
$
2,016.57 $
4,653.54 $
88,031.13
$
2,016.57 $
4,769.41 $
86,404.21
$
70,579.78 $
113,308.79
$
2,016.57 $
3,237.39
Ending Balance3
$
81,634.89
$
82,531.46
$
83,409.11
$
84,265.88
$
85,099.69
$
85,908.36
$
86,689.60
$
87,441.01
$
88,160.05
$
88,844.06
$
89,490.24
$
90,095.66
$
90,657.25
$
91,171.78
$
91,635.85
$
92,045.92
$
92,398.25
$
92,688.95
$
92,913.92
$
93,068.89
$
93,149.35
$
93,150.62
$
93,067.77
$
92,895.66
$
92,628.89
$
92,261.82
$
91,788.57
$
91,202.97
$
90,498.55
$
89,668.60
$
88,706.05
$
87,603.54
$
86,353.39
$
84,947.54
$
83,377.60
$
81,634.80
0.0249
0.0363
$
$
360.90
515.57
1. Adjusted using an inflation rate of 2.49%. This is the average Consumer Price Index (CPI) from 1983-2012.
2. Adjusted using an interest rate of 3.63% applied to the previous years' ending balance. The rate of return is based on a 30-year Treasury Bond rate as of August 13, 2013
3. The ending balance is the begining balance less the estimated, inflated cost.
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
Attachment D-Acceptance Letter
Page 28 of 29
US Army Corps of Engineers
Regulatory Branch
PO Box 60267
New Orleans, LA 70160
ATTN: {CORPS PROJECT MANAGER}
Gentlemen:
{MITIGATION BANK NAME} has made arrangements with {PERMITTEE'S NAME} to
purchase {NUMBER OF ACRES OR CREDITS} {ACRES OR CREDITS} of {HABITAT TYPE} for
unavoidable impacts associated with work authorized by the Department of the Army permit
number {MVN-XXXX-XXXXX-XX}. The {MITIGATION BANK NAME} assumes the responsibility
for the permittee's compensatory mitigation requirements (i.e., to implement, assure performance,
and provide long-term management of the compensatory mitigation project) in accordance with
provisions of the Mitigation Banking Instrument governing this bank.
{CLOSING}
{NAME}
{TITLE}
Laurel Valley Coastal Mitigation Bank, Amendment One
Mitigation Banking Instrument
Attachment E-DNR Attachment
Page 29 of 29
Laurel Valley Coastal Mitigation Bank Amendment One
Mitigation Banking Instrument
LOUISIANA DEPARTMENT OF NATURAL RESOURCES, OFFICE OF COASTAL
MANAGEMENT (OCM), MITIGATION BANKING INSTRUMENT AGREEMENT
(OCMMBIA)
State Authority
Activities within the Louisiana Coastal Zone are regulated and monitored by the
Louisiana Department of Natural Resources, Office of Coastal Management (OCM),
under authority of the Louisiana Coastal Resources Management Act of 1978, LA. R.S.
49:214.21-214.41. The purpose of this law is to protect, develop, and where feasible,
restore or enhance the resources of Louisiana's Coastal Zone. The Coastal Use Permit
(CUP) is the basic regulatory tool of the OCM. The purpose of the CUP process is to
make certain that any activity affecting the Coastal Zone is performed in accordance with
regulations and statutes including activities that result in unavoidable adverse impacts to
wetlands. The OCM's authority to require mitigation is found in
R.S. 49:214.41. et.seq. The Louisiana Administrative Code, Title 43, Part I, Chapter 7,
724-729 requires compensatory mitigation for all unavoidable impacts and establishes a
specific mitigation sequence as law within the Coastal Zone.
The Coastal Wetlands Planning, Protection, and Restoration Act (Public Law 101-646,
Title III- CWPPRA) was enacted and signed into law on November 29, 1990. As
required by Section 304 of the Act (16 USC 3953), the State of Louisiana developed the
Louisiana Coastal Wetlands Conservation Plan (Plan), which was approved by the
Secretary of the Army, the Director of the United States Fish and Wildlife Service, and
the Administrator of the Environmental Protection Agency on December 1, 1997. The
inland boundary of the Coastal Wetlands Conservation Plan was established by
interagency coordination and review of maps and imagery, defining the limits of existing
wetland habitats and the inland extent of tidal influence.
The participation by the Department of Natural Resources (DNR) in a particular
mitigation bank is discretionary. Each mitigation bank proposal is subject to the
negotiation of a written Mitigation Banking Instrument (MBI) upon terms and conditions
acceptable to the DNR Secretary. Those proposed mitigation bank sites that occur
within the Louisiana Coastal Zone and/or the Conservation Plan Area may be eligible to
provide mitigation for CUPs and must be strategically located to work in concert with the
State's Comprehensive Master Plan for a Sustainable Coast.
Additional OCM Requirements
Mitigation banks shall be required to be maintained, as defined in this MBI, 20 years for
marsh and 50 years for forested wetland habitat(s). Maintenance period for each
phase/portion of the mitigation bank shall begin upon attainment of initial success
criteria. Time periods when subsequent success criteria are not met shall not count
towards the overall maintenance period requirement of the bank.
Laurel Valley Coastal Mitigation Bank Amendment One
Mitigation Banking Instrument
The Sponsor shall provide to the OCM a ledger report by habitat type by January 15 of
each year. The ledger will show all transactions at the Bank for the previous reporting
period (January 1 through December 31) and a cumulative tabulation of all transactions
to date. At a minimum, each ledger entry must include the following information: Permit
number (both CEMVN and Coastal Use Permit [CUP]), permittee name, total credits of
each habitat type sold for each permit, date of transaction, total mitigation credits/acres
for each habitat type that were authorized to be provided by the Bank, total mitigation
credits/acres for each habitat type that have been debited from the Bank to date, and
total credits for each habitat type that remain to be debited.
For each transaction, and within 10 days of the transaction, the Sponsor shall provide
the OCM with a copy of the letter to CEMVN acknowledging acceptance of the
permittee's mitigation responsibilities and include the permittee's name, permit number
(both CEMVN and CUP), date of transaction, number and type (habitat) of credits
debited.
To meet requirements of LAC 43:I.723.B.2., credits used to satisfy mitigation
requirements of CUPs will only be debited from portions of the Bank that are sited below
5 feet in elevation and not within a fastland. In order to accommodate this requirement,
the ledger will be separated into coastal (below 5 feet in elevation and not within a
fastland) and non-coastal acres and/or credits based on the map associated with the
MBI.
For wetland impacts that only require mitigation via a CUP, the OCM will inform the
applicant if the Bank is appropriate for offsetting the unavoidable adverse impacts
associated with the proposed project and will determine the number of credits that must
be secured from the Bank to fully compensate for those impacts. The applicant may
choose this Bank or another bank, determined to be appropriate by the OCM to perform
the compensatory mitigation or may choose to perform his own appropriate permitteeresponsible mitigation project, with the approval of the OCM. Should the permit
applicant receive approval from the OCM to use this Bank and chooses to use this Bank,
the permit applicant will contact the Bank Sponsor and arrange for the purchase of the
necessary credits. The OCM will coordinate with CEMVN to assure that appropriate
credits are available.
Copies of all notifications and reports shall be provided to the OCM in the timeframe as
required by the MBI and the work plan. Failure to comply with the above requirements
could lead to suspension of this bank for the OCM mitigation purposes.