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

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

Ecosystem Enhancement Program:
“Policies, Process, and Procedures Manual,” May 4, 2008

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

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

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

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