Below is a piece contributed by Nathan Botwinik–pioneer in the field of “Wetlands Mitigation” which has allowed the preservation of endangered spieces in the Santa Rosa plain. His thoughts:
I want to say you have quite a website and I am honored to be asked to enter the BLOG world. I am somewhat a neophyte in this new technology and hope that I can contribute to your blog.
I am sure most folks say wonder why we preserve species of concern and others think the entire process is run by tree huggers. I simply say that you need to comply with “THE AGENCIES”. You need to balance the scales of nature in “Their Eyes” get their approval for your project, deal with the mitigation if needed and complete your project.
Wetland preservation and preservation of habitat for species of concern - both flowers and animals is controlled by the State and Federal Agencies. The County were you live may have control over zoning, percolation and what can be done with your land - but the final say for a building permit will be set aside by the Planning Department - if your in a habitat or wetland area - until you have gained the necessary agency approval for your planned building, school, church, road, municipal building or a subdivision development of every type. The County has nothing to do with the approval process - they will seek that approval before they issues permits in known area of concern…. so do not beat up your Supervisors or county employees they are not in the loop.
I started dealing with vernal pool mitigation in 1995 - and I remember folks would say you’re doing what? I showed up at the VFW hall in Santa Rosa and after the first introduction to mitigation… I stood up and said you mean to tell me that 40 acres on
Todd Road
that does not perc and is the only spot on that road to be flooded from this parcel is what you’re wanting….. YES… I took that parcel with the assistance of Marco Waaland (Golden Bear Biostudies) and helped to establish the first preservation/restoration bank in Sonoma County…. by the way - it only took us three (yes 3) years to gain full approval… time in my the mitigation world is very slow.
I think I made a wise choice at that point of life to use my education and real estate broker knowledge to enter into a fledgling industry. Mitigation is a feel good occupation and it financially has been a great way for me to enter the “golden years” of my life when you semi-retired (you just do not have the get up and go to work 40 hours a week).
I can continue to write about wetlands for days but I think that I will simply start my BLOG debut with some quick facts and if any of your folks on line have questions - I would welcome sharing my knowledge if I can be of service.
1. NO ONE is exempt from FEDERAL regulatory agencies - schools, city and state agencies and even Indian Gaming locations. The only person/persons that are exempt are the military.
2. Caltrans is not exempt and has been a good client for mitigation to deal with their impacts for wetlands and trees.
3. The process of finding out what it takes to avoid or mitigate your impacts is costly and timely. Do not be put off if you have a project delayed up to 12 (twelve) months waiting for THE AGENCIES to respond and give you instructions on how to deal with your impacts. Time is money so be careful when you buying real estate or planning changes to your home.
4. The County you live in has little or nothing to do with mitigation issues. The planning department should be aware of areas in your county that have wetlands or species concern and normally require you to have Federal and State approvals before you are granted a building permit.
5. When you sell real estate and you’re in an area of species or habitat concern is sure your Realtor has made a full disclosure of that fact. I know your saying I am not an expert in that area and your correct so simply say what you no and it is should keep you out of trouble. Seek legal advice is a good idea and will allow you to sleep at night better after you sell property.
6. If you’re buying real estate and this issue of wetlands, creeks, water ways, species of concern pops up - get some words of wisdom from you local ecologist and Realtor on what to do to deal with the impacts on what is FAIR MARKET VALUE if your buyer has to deal with mitigation. That issue can break a deal or become a legal issue real quick.
7. GO slow in my world of mitigation and be ready for waiting for the rainy season for delineations and spring time for flower counts and then when it is dry for another delineation. The cost of an Ecologist might keep you out of a deal that will cost you more to mitigate than the property you’re buying.
8. Finally - I feel you’re not going to beat THE AGENCIES, they will outlast you in court, they have the power and will use to shut down a project and the penalties for breaking laws and this can be more than you want to deal with.
I have ended my 1st BLOG and it did not even hurt. I welcome questions and let it happen.
PS - I have know Mike Kelly for over 20 something years and KUDOS to him for what he is doing and allowing me to share some of my knowledge with you all.
Also, I do not wear eye glasses with white tape and do not have a plastic pen holder in my pocket - hum. I am simply a Land Broker that has a BA in Biology that I finally can use…
Here are costs and factors in the Mitigation process
1. Costs. why how
2. Banking
3. Credits
4. Wetlands
5. Vernal Pools
6. Creeks
7. Habitat
8. Agencies
9. I do not have that species! How to prove to the agencies you do not or it might be cheaper to say you do and mitigate
10. Time issues
11. Real Estate issues… got to be careful we do not give legal advice
I can write for hours… if you have a business group that needs a speaker let me lose for 15 minutes and I will bring Darren from Golden Bear Biostudies with me to get down with hard data and all the Latin names and protocol with agencies and costs.
Nathan Botwinik
Vernal Pool Technologies, LLC
The Wetland Guy (Biologist)
www.WetlandServices.com
Nathan@WetlandServices.com
Homes and Acreage Realty
Nathan Botwinik (Broker Owner)
www.Homes-Acreage.com
Nathan@Homes-Acreage.com
475 Noonan Ranch Lane
Santa Rosa, California 95403
Office: (707) 569-9404
FAX Line: (707) 569-9488
