Mitigation Banking

HEI has established itself as one the leading purveyors of mitigation in the southeast and the foremost mitigation firm in Oklahoma. HEI is focused on providing solutions to offset environmental impacts that are incurred on a variety of projects that include municipal improvements, pipelines, oil and gas facilities, commercial development, residential, road projects, etc. One thing you can expect when working with HEI on a mitigation project is honesty and forthrightness. When you work with HEI, you can be confident you are working with a team that has a specific skill set and years of knowledge that is essential in locating, evaluating, designing, and implementing a thorough plan in order to deliver results for your particular mitigation needs.

HEI partnered with Green Country Wetland Mitigation, LLC (GCWM) in 2013 to manage the first USACE-approved wetland mitigation center in Oklahoma, Excel Mitigation Center, and permitted Oklahoma's first mitigation bank, Deep Fork Mitigation Bank, in 2017 which services the greater Oklahoma City area. Recently, HEI and GCWM permitted Honey Springs Mitigation Bank which serves the greater Tulsa area. HEI continues to provide economical and environmentally sound compensatory mitigation to the citizens of Oklahoma to this day. 

Mitigation banking is the restoration, enhancement, creation, and preservation of wetland and stream habitat in order to compensate in advance for adverse impacts to regulated aquatic habitat.  Mitigation banking is typically required by the USACE when all practical avoidance and minimization efforts have been employed and compensatory mitigation cannot be practicably achieved at the impact site or a nearby site. The Clean Water Act (CWA) prohibits any land development activity that adversely affects wetlands and streams in the U.S. unless coordinated and approved by the USACE under Section 404 of the CWA. All impacts to wetlands and streams must be avoided and minimized as best as possible. If impacts associated with your project are unavoidable and you need to purchase mitigation, HEI can assist by replacing the loss of wetland and aquatic resources through compensatory mitigation. If you are interested in establishing or partnering in a mitigation bank, HEI would love to discuss the opportunities and options available.

A mitigation bank is a tract of land that contains wetlands or streams that have been restored, enhanced, created and/or preserved and protected in perpetuity to compensate for future impacts to wetlands or streams associated with various USACE-authorized activities. Mitigation banks were created so permit applicants can purchase offsets, or credits, to compensate for the loss of wetlands or streams. The use of mitigation banks is in accordance with specific government regulations and guidance under the CWA. The ability to purchase mitigation credits, is a quick and easy way to demonstrate CWA compliance for your project and is the preferred compensatory mitigation method by the USACE. More importantly, the purchase of mitigation bank credits transfers long-term mitigation liability from the permittee to the mitigation banker.

Advantages of using a mitigation bank

• Reduced Permitting Time - The permitting process is more streamlined since mitigation banks are already approved by local, state, and federal agencies.
• Reduced Cost – Project cost are reduced since utilizing a mitigation bank requires a one-time payment for credits, whereby long-term costs are eliminated.
• Increased Space – Buying credits from a mitigation bank allows the developer to avoid on-site mitigation whereby usable land is maximized.
• Reduced Risk – The purchase of credits from a mitigation bank legally transfers all risk and long-term liability to the mitigation banker.
• Increased Environmental Benefit - Mitigation banks significantly increase the potential for long-term successful mitigation that maximizes contribution to the environment. 

HEI’s experience in locating and evaluating suitable mitigation properties is extremely beneficial in the overall success of a mitigation project. In order for a mitigation project to be successful you must have the right property in the right location. Once a site is acquired, our team will draft a mitigation plan that meets all the required conditions. HEI can successfully navigate the entire mitigation bank process from start to finish, with the assurance that the USACE and Interagency Review Team (IRT) are familiar with the project that HEI will produce and trust that it is technically sound and complete.  HEI’s turnkey mitigation services include:

Bank Establishment

• Site Location, Evaluation, Planning and Design
• Preliminary Wetland Delineation and Functional Assessment
• Title, Phase I ESA, Threatened & Endangered Species, Cultural Resources
• Drafting of a Mitigation Bank Prospectus
• Drafting of Mitigation Banking Instrument
• Conservation Easement Drafting
• IRT Coordination

Bank Management

• Oversight of Implementation of Mitigation Actions
• Annual Compliance Inspections and Reporting
• Credits Sales - Correspondence and Purchase Agreements
• USACE Record Keeping – Credit Ledgers and Sales Notification

For more information on the mitigation banks owned and/or operated by HEI and available credits and areas served for your project located in Oklahoma, please visit the Green Country Wetland Mitigation website at greencountrywetlandmitigation.com or contact HEI. For information regarding mitigation banking or PRM opportunities outside of Oklahoma, please contact HEI for additional information.