Applied Ecological Services, Inc.
Wisconsin Office
17921 Smith Road,
P. O. Box 256
Brodhead, WI 53520
Phone: 608.897.8641
Voicemail: 608.897.4898
AES Fax: 608.897.8486
TCRN Fax: 608.897.2044
Info@AppliedEco.com

Illinois Office
120 West Main St
W. Dundee, IL 60118
Phone: 847.844.9385
Fax: 847.844.8759

Kansas City Office
1904 Elm Street
Eudora, KS 66025
Phone 785.542.3090
Fax 785.542.3570

Minnesota Office
21938 Mushtown Rd
Prior Lake, MN 55372
Phone: 952.447.1919
Fax: 952.447.1920

East Coast Office
1100 E. Hector Street Suite #398
Conshohocken, PA 19428
Phone: 610.238.9088

Mitigation banking: Back in business

The growing business of wetland mitigation banking suffered a setback in recent years when a Supreme Court ruling left the U.S. Army Corps of Engineers powerless to protect isolated wetlands (wetlands that are not connected to navigable streams). The environmental community was understandably up in arms over the decision, fearing that developers and farmers would immediately move to fill in the isolated wetlands with no permit required and before another agency could create new regulations to protect them.

“Previously, if you were to develop, fill or dredge an acre of isolated wetland, you were legally required to mitigate that damage by either creating an acre or more of wetland elsewhwere or buying an acre or more of credit in a mitigation bank,” explained AES Contracting Manager Troy Anderson. “Since the Court ruled that the Corps no longer has jurisdiction over isolated wetlands, there’s no legal incentive, and certainly less financial incentive, for a developer to buy credits in mitigation banks.”

Wetland mitigation banking is a tool available to regulatory agencies once an impact decision has been made. From an ecological perspective, AES uses mitigation banking as a conservation tool, not just a regulatory tool. The practical effect of banking is that it creates high quality, functional wetlands as replacements for impacts on typically low-quality wetlands.

Notable mitigation banks AES has restored through the years:

• Otter Creek Wetland Park/ St. Charles Park District – the first privately owned and constructed wetland mitigation bank in the country

• Vulcan Materials/Book property – adjacent to the Midewin National Tallgrass Preserve

• Metra Antioch – the first agency owned, single-use wetland bank in Illinois

According to Anderson, the impact of the Supreme Court’s decision has been felt not only by the environment but also by environmental firms like AES, for whom wetland mitigation banking had become “bread and butter” business. As of the summer of 2000 the company had restored wetlands on 18 mitigation bank projects, contracting with Land and Water Resources (LAWR) in Rosemont, IL on all but two, when banking initiatives came to a sudden halt – that is, until the Chicago counties of Lake, DuPage and Kane came to the rescue by adopting their own regulations to protect local isolated wetlands. Already AES has been contracted by LAWR to install two new Illinois banks this year; in essence, the banking business is back on. Seeding took place this spring at Mink Creek in Romeoville, where AES’ job is to enhance and maintain an existing bank; and at Lily Cache Creek in Bolingbrook, LAWR is doing extensive earthwork this summer in preparation for fall seeding by AES.

“It’s huge that we’re working on two banks after a three-year hiatus,” concluded Anderson, who added that the Illinois DNR is expected to take jurisdiction shortly in counties that do not yet have regulations – more good news for the future of local wetlands and the wildlife they support. To learn more about the art, science and business of wetland mitigation banking, log onto www.appliedeco.com.

Prior to this spring, AES and LAWR’s last wetland bank project together was to permit and build this wetland mitigation bank near Boulder, Colorado.

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