Section 281.957. Certification and approval of mitigation credits.

(1) Before use of mitigation credits, the bank sponsor shall assess the establishment of wetlands in accordance with a monitoring program defined in the mitigation banking agreement and shall certify the extent to which performance standards defined in the mitigation banking agreement have been met. The design of the monitoring program shall measure the achievement of performance standards associated with the targeted  wetland  functions.   Monitoring shall begin at least 1 year before use of credits. Once credits in the bank are used, monitoring shall continue on an annual basis until performance standards for the full establishment of the bank are met. Monitoring parameters shall include all of the following:

(a)   Hydrology.

(b)   Plant community structure.

(c)   Animal community structure.

(d)  Design acreage.

(e)   Other measures as defined in the mitigation banking agreement.

(2)     The bank sponsor shall certify that appropriate wetland functions have been established in the mitigation bank pursuant to the banking agreement by submitting a report to the department that  includes  all  of  the  following information:

(a)  All data collected during the monitoring program.

(b)   An evaluation of the status of wetlands in the mitigation bank as compared to design criteria.

(c)   ) A list of the  number  and type of credits for which approval is requested.

(3)   The department shall approve or disapprove the certification of the bank sponsor within 60 days of receipt  of   the  sponsor's   report.  The department may determine that mitigation credits cannot be approved because the wetlands have not achieved design wetland functions or because of a lack of adequate information to document wetland functions. The  department's evaluation may include an on-site inspection of the mitigation bank site if deemed necessary. If the department determines that wetland conditions have been established in accordance with the mitigation banking agreement, then the department shall issue a letter to the bank sponsor approving the number and type of wetland credits that are available for use and shall list the approved credits in a mitigation bank registry as required in R 281.958.

(4)    The department shall not authorize the use of credits from a mitigation bank in advance of initial restoration or creation of wetlands in  the  bank except as provided in R 281.960. The department may authorize the use of approved credits from the mitigation bank in accordance with the  following schedule:

(a)   The use of 50% of approved mitigation bank credits will be allowed after the department determines that construction has been  completed  in accordance with plans and specifications included in the banking agreement and design hydrology has been achieved and maintained for at least 1 calendar year.

(b)   The use of an additional 25% of total credits will be allowed when the mitigation bank wetland plant community achieves 50% of design cover based on performance standards defined in the mitigation banking agreement.

(c)   The use of the final 25% of credits will be allowed when the created and restored wetlands in the bank are fully functional and meet performance standards defined in the mitigation banking agreement.

(5)   If the department agrees to inclusion  of   preserved  wetlands  in   a mitigation bank in accordance with R 281.954, then the bank sponsor shall provide documentation of permanent protection of the wetlands through appropriate legal instruments and shall complete and document all other steps defined in the mitigation banking agreement needed to permanently protect the preserved wetland area before department approval of the use of the credits.

(6)  The department may audit a mitigation bank at any time to evaluate the status of the wetlands in the bank and to confirm the number of mitigation credits available. The department may inspect the physical premises of  the bank at all reasonable times.

History: 1997 AACS.