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REQUEST FOR LETTERS OF INTENT - CT Wetland Mitigation In Lieu Fee Program Letter of Intent Package March 2019 1 REQUEST FOR LETTERS OF INTENT Connecticut Wetland Mitigation In Lieu Fee Program Grant March 12, 2019 Background The National Audubon Society, Inc., through its Connecticut program (Audubon Connecticut) is the sponsor of the Connecticut In Lieu Fee (ILF) Program for aquatic resource compensatory mitigation required by Department of the Army authorizations. This program was established by the New England District, Corps of Engineers (Corps) and Audubon Connecticut on Aug. 21, 2013. The Connecticut ILF Program has accrued funds available for the preservation, restoration and enhancement of wetland and watercourse resources and associated upland buffers in the State of Connecticut. The program receives its funds from applicants who have applied for permits under the Corps’ Regulatory process and agree to use the program for mitigation of impacts resulting from their approved work. After the applicant avoids and minimizes the impacts to the extent possible, the Corps may approve the use of the ILF by the applicant. The Corps then determines the number of credits the applicant will need to purchase. The fees for the ILF credits are paid by the permittee to Audubon Connecticut and tracked by service area (Connecticut River, Housatonic, Thames, South- central Coastal, Southeast Coastal, and Southwest Coastal). These funds are eventually made available, through a competitive grant process, to conservation entities seeking funding for wetland preservation, enhancement, restoration and creation projects. The ILF program’s purpose and goals are to: Provide an alternative to permittee-responsible compensatory mitigation that will effectively replace functions and values of aquatic resources lost through permitted impacts; Substantially increase the extent and quality of restoration, enhancement, creation and preservation of natural resources over that which is typically achieved by permittee- responsible mitigation for activities that impact wetlands, significant wildlife habitats and other waters within Connecticut; Reduce the extent of cumulative adverse impacts to aquatic resources that are regulated by the Corps permit program, and provide applicants for permits from the Corps greater flexibility in compensating for adverse impacts to protected natural resources; and Achieve ecological success on a watershed basis by directing Audubon Connecticut ILF funds to natural resource types and functions that are appropriate to the geographic service

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Page 1: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

REQUEST FOR LETTERS OF INTENT - CT Wetland Mitigation In Lieu Fee Program Letter of Intent Package March 2019

1

REQUEST FOR LETTERS OF INTENT

Connecticut Wetland Mitigation In Lieu Fee Program Grant

March 12, 2019

Background

The National Audubon Society, Inc., through its Connecticut program (Audubon Connecticut) is the sponsor of the Connecticut In Lieu Fee (ILF) Program for aquatic resource compensatory mitigation required by Department of the Army authorizations. This program was established by the New England District, Corps of Engineers (Corps) and Audubon Connecticut on Aug. 21, 2013.

The Connecticut ILF Program has accrued funds available for the preservation, restoration and enhancement of wetland and watercourse resources and associated upland buffers in the State of Connecticut.

The program receives its funds from applicants who have applied for permits under the Corps’ Regulatory process and agree to use the program for mitigation of impacts resulting from their approved work. After the applicant avoids and minimizes the impacts to the extent possible, the Corps may approve the use of the ILF by the applicant. The Corps then determines the number of credits the applicant will need to purchase. The fees for the ILF credits are paid by the permittee to Audubon Connecticut and tracked by service area (Connecticut River, Housatonic, Thames, South-central Coastal, Southeast Coastal, and Southwest Coastal). These funds are eventually made available, through a competitive grant process, to conservation entities seeking funding for wetland preservation, enhancement, restoration and creation projects.

The ILF program’s purpose and goals are to:

• Provide an alternative to permittee-responsible compensatory mitigation that will effectively replace functions and values of aquatic resources lost through permitted impacts;

• Substantially increase the extent and quality of restoration, enhancement, creation and preservation of natural resources over that which is typically achieved by permittee-responsible mitigation for activities that impact wetlands, significant wildlife habitats and other waters within Connecticut;

• Reduce the extent of cumulative adverse impacts to aquatic resources that are regulated by the Corps permit program, and provide applicants for permits from the Corps greater flexibility in compensating for adverse impacts to protected natural resources; and

• Achieve ecological success on a watershed basis by directing Audubon Connecticut ILF funds to natural resource types and functions that are appropriate to the geographic service

Page 2: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

REQUEST FOR LETTERS OF INTENT - CT Wetland Mitigation In Lieu Fee Program Letter of Intent Package March 2019

2

area, and by integrating Audubon Connecticut ILF projects with other conservation activities whenever possible.

Application Process

As sponsor, Audubon Connecticut continues to administer a competitive grant funding program, and is soliciting Letters of Intent (LOIs) for wetland and watercourse preservation, enhancement, restoration, and/or creation. To be eligible to receive Connecticut ILF funding, a project applicant must first submit the Letter of Intent.

Due Date

All Letters of Intent must be submitted online to Audubon Connecticut’s agent at the following address: [email protected] and all submissions must be received by 5:00 pm EST on April 26th, 2019.

The Letter of Intent is comprised of the following:

1) A Summary Form to outline the proposed project and determine if it meets the Connecticut ILF core requirements; and

2) A map of the project location.

Letters of Intent will be evaluated, and applicants will be notified by early May 2019 as to whether or not they will be invited to submit a Full Proposal* for their project. For the complete timeline for the upcoming grant cycle, see Appendix B. For a listing of the funds available for award in each “service area”, see Appendix C.

*Note: Full Proposals will require more detailed information including but not necessarily limited to engineering concept designs, where applicable.

Review Process

Letters of Intent (LOIs) are screened by the U.S. Army Corps of Engineers (Corps) and Audubon Connecticut. The Corps and Audubon Connecticut will then determine which submittals represent projects that are appropriate for compensatory mitigation. For those projects that are deemed appropriate, Applicants will be invited to submit Full Proposals.

Invited Full Proposals are then evaluated by the Project Advisory Committee (PAC) composed of representatives of the Corps, the United States Environmental Protection Agency (EPA), the United States Fish and Wildlife Service (USFWS), the Connecticut Department of Energy and Environmental Protection (CTDEEP), Audubon Connecticut, and three other rotating members representing other non-governmental environmental organizations, academia, or both. Those highest scoring full proposals that meet or exceed applicable review criteria may be recommended by the PAC to the Inter-Agency Review Team (IRT), which makes final allocation decisions. The IRT is composed of members of the Corps, EPA, USFWS, National Marine Fisheries Service (NMFS), Natural Resource Conservation Service (NRCS), and CTDEEP.

Audubon Connecticut administers the review process and is responsible for ensuring that approved funds are awarded and that projects are executed.

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REQUEST FOR LETTERS OF INTENT - CT Wetland Mitigation In Lieu Fee Program Letter of Intent Package March 2019

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Special Considerations

While the Connecticut ILF Program process is designed to include a review and approval of prospective projects via a process similar to that of other state and federal grant programs, it remains a compensatory mitigation program that must comply with relevant state and federal regulations. As such, there are several aspects of this program that should be considered fully before a potential applicant submits a Letter of Intent:

Preservation projects are eligible for Connecticut ILF funding and strongly encouraged. However, preservation-only projects must clearly explain the potential threat of degradation to the aquatic resources on the project site over the next 20 years in the absence of conservation. Sites that are mostly or all wetland need to pay especially close attention to these requirements as those sites are usually protected by current laws and may not be under direct development threat.

Invasive species management to protect aquatic resources is eligible for ILF funding as part of a project’s long-term management costs but cannot be the sole objective for a project to be considered as restoration or enhancement. Projects requesting ILF funds for invasive species management will be required to complete an invasive species control plan as part of their long-term management plan.

ILF-funded projects must be conserved in perpetuity. Applicants awarded funds from the Connecticut ILF program are required to sign a Project Agreement and to record a notice of that agreement with the land records for the property where the funded project takes place. Also, ILF funds may not be used to preserve property that is currently owned by a conservation entity or to reimburse the costs of prior acquisitions, but wetland restoration on already-preserved lands (would need to be preserved for conservation in perpetuity, not just in a town's ownership) is encouraged.

Active property uses, including forest management, habitat management or recreational activities, must not compromise the ecological health or function of the natural resources that the proposal intends to protect. Projects that contemplate active forest or habitat management, recreational activities, or other active property uses will be asked to describe these proposed activities in subsequent submissions should the Applicant be invited to submit a Full Proposal. Where such activities would occur on the property would need to be indicated on a map, so their compatibility can be evaluated as part of the review process. Projects proposing less active management will generally be more competitive.

Conservation easements funded through the ILF Program must prohibit any activities that would adversely affect the protected natural resources.

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REQUEST FOR LETTERS OF INTENT - CT Wetland Mitigation In Lieu Fee Program Letter of Intent Package March 2019

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Connecticut ILF funds may not be eligible to match federal funding sources. According to the federal Mitigation Rule [33 CFR 332.3(j)(2)], “federally-funded aquatic resource restoration or conservation projects undertaken for purposes other than compensatory mitigation, such as the Wetlands Reserve Program (NRCS), Conservation Reserve Program (NRCS), and Partners for Wildlife Program (USFWS), cannot be used for the purpose of generating compensatory mitigation credits.” Please follow up with the applicable agency if you are uncertain about the matching requirements for a particular grant program.

Projects involving multiple parcels under different ownership must submit multiple Letters of Intent. A single proposal for multiple parcels under different ownership will not be accepted unless a clear and convincing case can be made for why the different transactions are linked (e.g., one landowner formally negotiating on behalf of two or more separate owners).

To discuss how any of these program elements may affect a potential project, or any other questions related to Connecticut ILF Program, please contact Anthony Zemba at [email protected] or via telephone at (860) 321-9018.

All interested applicants must use the form provided in Appendix B of the original “Final Instrument for the Audubon Connecticut In-Lieu Fee Program Sponsored by National Audubon Society, Inc.” Dated August 21, 2013, a copy of which can be found here (along with further instructions for completing the form and sources of additional information to assist in preparation of the form):

http://www.nae.usace.army.mil/Portals/74/docs/regulatory/Mitigation/CTILFProgramInstrument.pdf

Page 5: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

APPENDIX A

MAP OF THE CONNECTICUT ILF PROGRAM SERVICE AREAS

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Long Island Sound

§̈¦84

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§̈¦95

§̈¦95§̈¦91 §̈¦395

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§̈¦384

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An so n iaAn so n ia

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Av o nAv o n

Ba rkh a m st edBa rkh a m st ed

Be ac o nBe ac o nFa l l sFa l l s

Be r l i nBe r l i n

Be tha n yBe tha n y

Be the lBe the l

Be thle h e mBe thle h e m

Bloo m f ie ldB loo m f ie ld

Bo lt onBo lt on

Bo zra hBo zra h

Bra n fo rdBra n fo rd

Br id g ep o r tB r id g ep o r t

B r id g ew a terB r id g ew a ter

B r i st olB r i st ol

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Bro o kly nBro o kly n

Bu r l i ng to nBu r l i ng to n

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Ca n ter b ur yCa n ter b ur y

Ca n tonCa n ton

Ch a pl inCh a pl in

Ch e sh i reCh e sh i re

Ch e ste rCh e ste r

C l in tonC l in ton

Co lch e s te rCo lch e s te r

Co leb r oo kCo leb r oo k

Co lum b iaCo lum b ia

Co rn wa l lCo rn wa l l

Co ve n t ryCo ve n t ry

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Da n bu ryDa n bu ry

Da r ie nDa r ie n

De e p R iv e rDe e p R iv e r

De rb yDe rb y

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Fa r min g to nFa r min g to n

Fr a nk l i nFr a nk l i n

Gla st on b u ryGla st on b u ry

Go s he nGo s he n

Gra n b yGra n b y

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Gr is wo ldGr i s wo ld

Gro to nGro to n

Gu i l fo rdGu i l fo rd

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K i ll i n g l yK i ll i n g l y

K i ll i n g wo r thK i ll i n g wo r th

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Lym eLym e

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No r thNo r thHa ve nHa ve n

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Pre sto nPre sto nPro sp e c tP ro sp e c t

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Re d din gRe d din gR id ge f ie ldR id ge f ie ld

Ro ck yRo ck yH i l lH i l l

Ro xb u ryRo xb u ry

Sa le mSa le m

Sa li s b u rySa li s b u ry

Sco t la n dSco t la n d

Se ym o u rSe ym o u r

Sh ar onSh ar on

Sh el to nSh el to n

Sh er ma nSh er ma n

S ims b u ryS ims b u ry

So me rsSo me rs

So uth b u rySo uth b u ry

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So uthSo uthWin d s o rWin d s o r

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S ta mfo rdS ta mfo rd

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To rr ing tonTo r r ing ton

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Wa rre nWa rre n

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Wa ter fo rdWa ter fo rd

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We s tWe s tHa ve nHa ve n

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Wi l l i n g to nWi l l i n g to n

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Win d s o rWin d s o rLo c k sLo c k s

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Connecticut Major and Regional Water Basins

Major Water Basins

LegendMajor Water Basins

ConnecticutHousatonicSouth Central CoastSoutheast CoastSouthwest CoastThames

New Yo rk New Yo rk

Ma ss ac hus se t tsMa ss ac hus se t ts

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Page 7: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

APPENDIX B

Connecticut ILF PROGRAM PROPOSAL AND AWARD PROGRAM 2019 TENTATIVE SCHEDULE

Stage Deadline Request for Letters of Intent Released

March 11, 2019

Letters of Intent Deadline

April 26th

LOIs screened, applicants of appropriate projects sent letters to request full proposals

April 22nd – early May

Deadline for Invited Parties to submit Full Proposals

June 7th

PAC Reviews Plans, conducts site visits, and ranks projects

June

PAC Meeting to select finalists

by early July

Provide finalists to IRT

By July 14th

IRT Meets and Reviews Full Proposals

July – August

IRT selects finalist

End of August

Notification Letters to finalists

Early September

Finalize Project Agreements for Approved Projects

October

Page 8: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

APPENDIX C

FUNDS AVAILABLE PER SERVICE AREA

(as of March 7th, 2019)

Service Area Available Funding Connecticut River $277,404 Housatonic River $13, 778

South-Central Coast $213,696 Southeast Coast $1,638 Southwest Coast $79,300

Thames River $11,359

Page 9: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

APPENDIX D

WETLAND ILF PROGRAM

LETTER OF INTENT FILLABLE FORM

Page 10: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

Audubon Connecticut In-lieu Fee Instrument

Appendix B Letter of Intent for Mitigation Projects/ Instructions

Total Project Cost:

Fund Request:

Other Funding Sources:

Name:

Organization:

Address:

Phone:

Email:

3. Project Location:Watershed:

Coordinates:

Town:

County:

4. Project Description (brief overview of project context, goals and readiness):

5. Preliminary Estimated Project Cost:

Application Date:

Project Title:

Project Sponsor:

Service Area:

Address:

Page 11: REQUEST FOR LETTERS OF INTENT - Audubon Connecticut · Letters of Intent will be evaluated, and applicants will be notified early May by 2019 as to whether or not they will be invited

7. Types of Mitigation Project Acres 8FUMBOE���8BUFSDPVSTF�3FTPVSDF�5ZQF��

Enhancement and restoration (w/ preservation)

Restoration (w/ preservation)

Enhancement (w/ preservation)

Creation (w/ preservation)

Preservation of uplands serving as buffer toaquatic resources (in addition to preservation of restored, enhanced areas)

Preservation only

Total Project Acreage:

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6. Priority of Project Site:

Within or adjacent to an Audubon Priority Focus Area - (see www.ct.audubon.org/ILF for locations):

Focus area name:

Within or adjacent to existing public or private conservation lands:

Site Name: Owner:

Within or adjacent to other natural resource priority areas (e.g., identified in regional or municipal plan, land trust strategic plan, etc.)

Area Name:

Brief Description:

Contains natural resources of significant value and/ or rarity (http://www.cteco.uconn.edu/map_catalog.asp):

Habitats, species:

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