Page numbers followed by f refer to figures.
2008 Mitigation Rule, 68–69, 78, 79
Balancing environment and development, vii–viii, 141, 147–148. See also Compensatory mitigation, trade-offs between ecological complexity and economic stability; Markets for ecosystem services, rationale for
Best professional judgment, 27, 98–99
“Build it and they will come,” 31, 43, 124. See also Channel morphology; Channel stability
Bush, George H. W., 52, 56, 58. See also No Net Loss
Capitalism, vii, 4–5, 55–56. See also Markets for ecosystem services; Neoliberalism
Carbon credits
afforestation, 3, 24–25, 150–151
and coal, 16
Carter, James, 51–52
Channel morphology. See also “Build it and they will come”; Channel stability; Hydraulic geometry equations; Sinuosity
and channel reconfiguration, 34, 35–39
as proxy for ecological function, 41, 46, 70–71, 74, 83–84, 140
Channel reconfiguration, 34, 35–42, 123
environmental outcomes, 70–71, 140–141, 149
privileged form of stream mitigation, 70, 123, 139–140, 149
Channel stability, 41–46. See also “Build it and they will come”; Channel morphology; Natural Channel Design
letting go of stability to imagine other options, 140–143, 153
in mitigation banking, 68, 70, 84, 93–96, 124–125, 136–138, 148–149
Chicago District, U.S. Army Corps of Engineers, 109, 168n16
Chicago School, 50, 51. See also Neoliberalism
Civilian Conservation Corps (CCC), 33–34
Clean Air Act Amendments, 52, 53
Clean Water Act (CWA), 6–7. See also Waters of the United States
and mitigation, 57–64, 69, 70–71, 76–78, 98, 141, 149–150
Clinton, William, 52–53
Command-and-control, vii, 51, 53, 141
Compensatory mitigation, 56–69, 74, 76–77, 94. See also Fish and Wildlife Coordination Act; Clean Water Act, and mitigation
in-kind vs. out-of-kind, 59, 68, 98
in lieu fee (ILF), 64, 66, 164–165n34, 169n17
mitigation banking in relation to ILF and PRM, 61–64
permittee responsible (PRM), 61–64
trade-offs between ecological complexity and economic stability, 9, 19–21, 28, 100–101, 110, 141–145, 147–151
Conservation banking, 25–28, 150–151, 155. See also Endangered Species Act
red-cockaded woodpecker, 27, 150
vernal pools, 27
Conservation easements, 20–21, 87, 112, 158nn4,11
and Hawthorne Stream Bank, 115–118
and trading ratios, 23
Costanza, Robert, 55
Credit chasing, 83
via restoring tributaries, 131–133
Credit release schedule, 80, 92, 108–110, 112–113
Credits, 5–6, 11, 13, 19. See also Debits; Stream credits
abstract and simple, 16–18
easy to measure, 18
producers (see Mitigation bankers)
privileging channel reconfiguration, 70, 123, 139–140, 149
purchasers (see Permittees)
stable and predictable, 17–18
and trading ratios, 21–22
and uncertainty, 19–20
Daly, Herman, 55
Dam removal, 81, 85, 99, 140, 154–155, 174n10
Debits, 5–6, 11, 13, 16–17, 21–22, 59, 64, 65. See also Credits
Designer ecosystems and streams, 152–153
Designers, 81–83
and channel reconfiguration and stream restoration, 35–41, 84
and liability, 165n14
and Natural Channel Design, 75, 121, 130–131
and regulators, 168n15
and site selection, 102
and stream mitigation, 81–83, 102–103, 105–108, 117–118, 130–131, 137–138
Draft Mitigation Banking Instrument. See Mitigation Banking Instrument
Drainage basin size, 35, 36f, 126–128. See also Hydraulic geometry equations; Stream order
Dynamism vs. instability, 43–45, 94–95, 153–155
Ecological economics, 55. See also Dales, John; Environmental economics
Ecologists
development of ecosystem services concept, 53–56
involvement in stream restoration and mitigation, 46, 85–86
Ecosystem Investment Partners, 90. See also Investors
Ecosystem service markets. See Markets for ecosystem services
Ecosystem services, 5, 53–56, 69–70, 147
and equity, 14
and equivalence, 15, 123–24, 152–153
measurement of, 18
and time lags, 14
and uncertainty, 124–125
Endangered Species Act (ESA), 4, 25–28, 159n21. See also Conservation banking
Environmental economics, 53. See also Dales, John; Ecological economics
in carbon markets, 24–25
in conservation banking, 27–28
for designers, 82
imagining other options for mitigation, 151–153, 155
for regulators, 76–77, 80, 95, 101–104, 109–110
Field of Dreams. See “Build it and they will come”
Fish and Wildlife Coordination Act (FWCA), 56
Friedman, Milton. See Chicago School
Function-specific ecosystems. See Designer ecosystems and streams
Gore, Albert, 53
Gore, James, 39
Grant-funded stream restoration, 82–83, 122, 127–128
Guidance documents, 67–68. See also Mitigation sequence
balancing market and regulatory needs, 100
and carbon credits, 25
case-by-case flexibility, 98–99
and conservation banking, 26
influence of the Southeastern Division of the Corps, 121, 142
lack of scientific influence, 85–86
and preference for channel reconfiguration, 70
and stream restoration, 37
Habitat banking. See Conservation banking
Hawthorne Stream Bank, 113–119
Headwater streams, 60, 92–93, 127, 131–133, 139–140. See also Drainage basin size; Stream order; Waters of the United States
Hydraulic geometry equations, 35–37, 43, 45. See also Drainage basin size; Regional curves
Hyporheic exchange, 152, 158n5
In lieu fee (ILF) mitigation. See Compensatory mitigation
Interagency Review Team (IRT), 63, 65, 76, 77, 106–107, 168n14
Inter-Fluve, Inc., 37–40, 83. See also Koonce, Gregory
Investors, 74, 80, 88–90, 92, 110–111
Jurisdictional waters. See Waters of the United States
Kelly, George, 165n1
KKR, 169n19
Kondolf, G. Matthias, 39
Koonce, Greg, 37–39. See also Inter-Fluve, Inc.
Land acquisition, 79, 100–101, 115, 124, 131. See also Conservation easements; Site selection
and permittee responsible mitigation (PRM), 63
Hawthorne Stream Bank, 114–115, 118
public, 166n29
Leopold, Luna, 40
MacBroom, James, 37
Markets for ecosystem services (MES), 5–6, 11–23. See also Carbon credits; Conservation banking; Wetlands mitigation
equivalence, 14–18
history of, 50–56
importance and inertia of MES metrics, 141–145
physical impacts of, 140–141, 148–151
possibilities for improvement, 147–155
Martin Dairy Creek, 1–3
Metrics, 16–18, 21–23, 27–28, 141–145, 150–151
Michigan School, 32–34
Mitigation bankers, 74, 78–81, 88–90, 99–113, 142, 144–145, 149
Enhancement Bank, The (TEB), 113–119
in North Carolina, 124–125, 128–133, 138–139
Mitigation Banking Instrument (MBI), 77, 103–110, 111–112. See also Credit release schedule; Monitoring; Service areas; Success criteria; Uncertainty, regulatory
incentives to use standard approaches that meet regulators’ expectations, 79–80, 81, 94–95, 104–105
Mitigation sequence, 7, 57, 60–62
Mitigation site. See Site selection
Monitoring, 20–21, 107–108, 111–112
lack of, 27
Nature Conservancy, The (TNC), 4
Navigable waters. See Waters of the United States
Neoliberalism, 50–53, 56, 69. See also Chicago School; Markets for ecosystem services, rationale for; Regulators, regulatory reform
Nitrogen retention, 152–153
No Net Loss (NNL), 58, 63. See also Wetlands mitigation
North Carolina. See also Wilmington Corps District
impacts of mitigation banking, 121–145, 148–149
in-kind mitigation for streams, 59
Martin Dairy Creek, 1–3
role of scientists in mitigation policy, 83, 85
Offsetting. See Compensatory mitigation
Palmiter, George, 164n43, 173–174n9
Performance standards. See Success criteria
Permittees, 60–64, 73–75, 76, 90–91, 93, 113. See also Compensatory mitigation, permittee responsible
Permittee responsible mitigation (PRM). See Compensatory mitigation
Quayle, Daniel, 52
Radius of curvature, 1–3, 133–137
Rapanos v. United States, 59–60, 68. See also Waters of the United States
Reference reaches, 43
and radius of curvature, 171n14
Regional curves 43, 45. See also Hydraulic geometry equations
Regulated public. See Permittees
Regulators, 74, 76–78, 79–80, 98–100. See also Regulatory markets; U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service
and channel stability, 70, 137–138
credit release schedules, 109–110
equivalence, 17–18
Mitigation Banking Instruments, 104–107
monitoring, 107–108
in North Carolina, 121–124, 130, 142, 143
regulatory markets, 11–13, 83, 93, 148 (see also Carbon credits; Clean Air Act Amendments; Conservation banking; Mitigation banking)
regulatory overreach, 91
regulatory reform, 139–145, 151–155
and restoration short courses, 83, 122–123
and scientists, 84–85
service areas, 101–102
uncertainty, 20–23, 90–96, 101–102, 109–110, 124
Restoration Systems, 81
Riparian vegetation, 16, 18, 109, 111–112, 144, 164–165n44
Rosgen, David, 39–41, 45. See also Natural Channel Design
channel stability, 45
short courses, 39, 43, 83, 122–123
use of Rosgen’s work in mitigation banking, 70, 123–125, 130
Scientists. See also Ecologists; Michigan School
equivalence and uncertainty, 21, 23, 94–95, 124–125
influence on policy (or lack thereof), 84–86, 141–145
role in mitigation banking, 74, 83–86, 141–145
Self-forming channels, 154
Service areas, 101–102, 109–110
Shields, F. Douglas, 39
Short courses, 39–41, 43, 83, 122–123
Sine wave curves. See Radius of curvature
Sinuosity. See also Channel morphology
and mitigation, 95, 125, 127f, 128–129, 130–131
and radius of curvature, 134–139
in stream restoration, 32
and urbanization, 44
Site selection, 101–103, 128, 133
agricultural or dairy sites, 102
public land, 166n29
Soil and Water Conservation Districts, 122. See also U.S. Natural Resources Conservation Service
Sotir, Robbin, 37
Standard Operating Procedures. See Guidance documents
Standards of practice
vs. flexibility, 98–100
in mitigation banking, 76–77, 80, 82–83, 90–91, 101, 123–124
varying across Corps districts, 67–68
Stream credits, 7, 69–71, 75, 139–145, 149–150, 155. See also Credit chasing
and Rosgen’s classification system, 69–71, 122–126, 130
as defined in North Carolina, 122–126, 129–131
emphasis on channel stability, 94–95, 136–138
producing credits, 78–80
and sinuosity, 129–131
Stream order, 126, 128, 130–132. See also Waters of the United States
Stream temperature, 16, 140, 145, 152–153
Success criteria, 77, 105, 107–108. See also Mitigation Banking Instrument
adding biological and/or chemical criteria, 83–84, 91–92, 143–145
channel form/physical, 83, 94–95 (see also Channel stability)
dynamism vs. stability, 94–95, 112, 136–138, 143–145, 151–155
Trading ratios, 21–23, 70, 119
Uncertainty, 15–16, 19–23, 90–96, 145, 153–155
ecological, 20–21, 84, 94–95, 102, 139
financial, 19–20, 78–80, 88, 92, 139
leading to standardization, 80, 81, 94–95
regulatory, 17, 60, 75–77, 90–92, 138
trade-offs between different types, 19–21, 96, 110, 119–120, 123–125, 138–139
U.S. Army Corps of Engineers (Corps of Engineers), 67–68. See also Regulators
channel straightening, 29–30
Clean Water Act, 6–7, 57, 59–60
guidance documents and regulatory flexibility, 98–100, 111
mitigation, 56–57, 59–61, 68–69
mitigation banking, 59, 65, 74, 76–78, 121
role in Mitigation Banking Instruments, 105–107, 109–110
and scientists, 85
U.S. Bureau of Reclamation, 29–30, 56
U.S. Department of Agriculture Agricultural Research Service (ARS), 39
U.S. Environmental Protection Agency (EPA), 6–7, 57–58, 60–61, 68, 76, 122. See also Regulators
U.S. Fish and Wildlife Service (USFWS), 58, 64–66, 76. See also Regulators
U.S. Forest Service (USFS), 41
U.S. Geological Survey Hydrologic Unit Codes (HUCs), 101. See also Service areas
U.S. National Environmental Protection Act (NEPA), 51
U.S. Natural Resources Conservation Service (NRCS). See U.S. Soil Conservation Service
U.S. Soil Conservation Service, 56. See also Soil and Water Conservation Districts
Valuation, 55–56. See also Ecological economics; Markets for ecosystem services
Van Cleef, John Spencer, 31–32, 43
Vyverberg, Kris, 45
Waters of the United States, 57–58, 60. See also Rapanos v. United States; Stream order
ephemeral vs. intermittent vs. perennial, 74, 171n12
Wetlands. See also No Net Loss
ecosystem services provided, 54–55
National Wetlands Inventory Project (NWI), 58
Wetlands mitigation, 5–6, 58–60, 66, 122
Wilmington Corps District, 59, 85, 106–107, 121, 165n45. See also North Carolina
Zeedyk, William, 154