In the Spring of 2011, WSB and Associates, an environmental consulting firm representing Todd County, put out an RFP to obtain statewide quotes for over 12 acres of wetland credits to be used to mitigate a wetland impact for the new Staples bypass project. As the impact existed within the same Bank Service Area (BSA) as one of our clients, we were excited to know we were one of the most likely sources for their credit needs.
In November, the US Army Corps of Engineers posted a public notice regarding the mitigation process they were proposing. Although the public notice did not specifically state they were proposing to obtain credits outside of their BSA, the language on the public notice eluded to this, meaning our client was in jeopardy of losing a significant sale.
In response to the public notice, The Wetland Credit Agency drafted a letter to the Corps opposing the proposed mitigation based on the federal compensatory mitigation rules. A PDF copy of our letter can be viewed here. A few weeks later, we were contacted by WSB and Associates and in early 2012 completed a sale of 11.1 acres of credits.
If you are concerned whether you are getting the sales you deserve, contact us to find out how we can assist.