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Michigan Wetlands Department of Environmental Quality
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Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Mar 30, 2018

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Page 1: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Department of Environmental Quality

Page 2: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Wetlands are a significant component of Michigan’s landscape, covering roughly 5.5 million acres, or 15 percent of the land area of the state.

This represents about half of the wetland resources that existed prior to European Settlement.

Page 3: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

A high percentage of Michigan residents responding to a recent survey recognized the multiple benefits provided by wetlands.

• Wildlife habitat 87%• Fish habitat 78%• Flood control 75%• Wildflower habitat 73%• Water filtration 73%

- Michael D. Kaplowitz and John Kerr, Michigan residents’ perceptions of wetlands and mitigation. Wetlands, Vol. 23, No. 2 June 2003

Percent of Michigan residents who view various wetland services as very important or extremely important:

Page 4: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

In 1979, Michigan’s Legislature clearly recognized the functions and values of

wetlands in legislative findings incorporated into the Goemaere-Anderson Wetland

Protection Act, now Part 303, Wetlands Protection, of the Natural Resources and

Environmental Protection Act.

Page 5: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

A loss of a wetland may deprive the people of the state of some or all of the following benefits to be derived from the wetland:

• Flood and storm control• Wildlife habitat• Protection of subsurface water resources and

recharging ground water supplies• Pollution treatment• Erosion control• Nursery grounds and sanctuaries for fish

The legislature finds that:

Page 6: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Types ofWetlands

Page 7: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Emergent marshes. These areas are frequently or continuously flooded, and often occur at the fringes of lakes or rivers.

Marshes are among the most productive ecosystems on earth - rivaling tropical rainforests.

Page 8: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Great Lakes coastal marshes are a special type of emergent wetland. These extremely productive, and rare systems are critical to North America’s migratory waterfowl populations.

Estimated expenditures in Michigan for migratory bird hunting in 2001 totaled $30,892,000.

32 of 36 species of Great Lakes fish depend upon coastal marshes for reproductive success.

Page 9: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Deciduous swamps. Swamplands are forested wetlands, and may be flooded for a only a portion of the year.

In southern Michigan, deciduous swamps are the most common type of wetland.

Page 10: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Deciduous Swamps/Forested Wetlands

Page 11: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Bogs and fens. Often located in pockets within coniferous swamps, or along the shores of lakes or streams, bogs and fens are both peatlands.

Page 12: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Frequently found in floodplains, swamplands provide a natural buffer against changing water levels on an annual basis.

Pictures of floodplain wetland taken two weeks apart

Page 13: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Bogs such as these developed over several

thousand years.

Irreplaceable Wetlands

Page 14: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Wetlands provide a haven for some of Michigan’s rarest plants and animals.

Small White Lady’s Slipper

Mitchell Satyr

Eastern Box Turtle

Photo by Larry West

Page 15: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

At least 41 state listed, threatened, and endangered species of animals depend upon wetlands at some point in their life cycle.

An additional 10 listed species prefer wetland habitat, although they may survive in upland.

Short-eared Owl

Photo by James H. Harding

Eastern Fox Snake Photo by Don BaccusPhoto by Mary Rabe

Karner Blue

Page 16: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

It is estimated that 49% of the state’s rare plant species are dependent upon wetlands.

Seedbox

Tall Beak-rushEnglish Sundew

Page 17: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Highly specialized plants – including the carnivorous pitcher plant and sundew – are found in bog environments where the chemistry of the soils limits the availability of plant nutrients.

Page 18: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

In addition, the conservation and restoration of wetlands may reduce future flooding

Page 19: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Headwater wetlands

These wetlands maintain the flow and quality of headwater trout streams and other waters, gradually discharging cool, clear water throughout the summer months.

Page 20: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

When wetlands are lost, our waters, and our watersheds, and our wildlife suffer:

• With the loss of flood storage, damage to agricultural and urban lands increases.

• With the loss of summer recharge from wetlands, stream flow declines and water tables drop.

• As the wetland buffers between uplands and our open waters are lost, shoreline erosion and pollution of those waters increases.

Page 21: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

And, of Course, Loss of Fish and Wildlife Habitat

Page 22: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Wetland Permitting

Page 23: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

A wetland permit is required from the DEQ to: Place fill material in a wetland

Dredge soil or minerals from a wetland Construct, operate or maintain a use or development in a wetland Drain surface water from a wetland

Page 24: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Widening the RoadImpacts to wetlands outside the

existing road footprint/ditch requires a permit

Page 25: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

1. Avoidance

2. Minimization

3. Mitigation• Replace unavoidably lost wetland resources with created or restored wetlands

• Ensure no net loss of wetland functions and values.

• Minimize impacts to wetland.• Different location, configuration, size, or method.

• Do feasible and prudent alternatives exist?• Different location, configuration, size, or method.

In general, a permit applicant must follow these regulatory principles:

Page 26: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Avoidance

• The NO impact option– Planning the project to avoid any and all

wetland impacts.

– This requires good baseline information during the initial planning phases of the project

Page 27: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

DEQ Wetland Map Viewer

Page 28: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Facilitating DEQ Review• Correctly identify the

location of the wetlands• Provide an assessment of

the functions and values of the wetlands, including impact areas

• Provide a detailed review of the steps that were taken to avoid and minimize the impacts to the wetlands

• Provide an appropriate mitigation proposal

Page 29: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

No Two Projects are the SameRiver vs. Stream

Page 30: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Marsh vs. Bog

Page 31: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Swamp vs. Swamp

Some forested wetlands can be hard to recognize

Page 32: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Wetland Mitigation

Page 33: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

1. Avoidance

2. Minimization

3. Mitigation• Replace unavoidably lost wetland resources with created or restored wetlands

• Ensure no net loss of wetland functions and values.

• Minimize impacts to wetland.• Different location, configuration, size, or method.

• Do feasible and prudent alternatives exist?• Different location, configuration, size, or method.

In general, a permit applicant must follow these regulatory principles:

Page 34: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Once the DEQ determines that an impact is “acceptable”, then,

and only then, can mitigation be discussed.

Page 35: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Ratios for in-kind mitigation required by the administrative rules:

• 5:1 ratio for impacts to rare or imperiled wetland types.

• 2:1 ratio for impacts to forested wetlands, coastal wetlands (not covered above), and wetlands that border upon inland lakes.

• 1.5:1 ratio for impacts to all other wetland types.

• 10:1 ratio when mitigation is preservation.• The ratios are doubled for after-the-fact permits.

Ratios are increased for out-of-kind Mitigation.

Page 36: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Mitigation- Continued < 0.1 acre None Required 0.1- 1/3 acre per wetland complex and less than 1 acre per project (1:1 Ratio, any kind any where, for projects that meet the minor project category) > 1/3 acre Standard Ratios

MDOT mitigates all impacts

Page 37: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

The administrative rules require that mitigation should be on-site or in the same watershed.

Page 38: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

The restoration of previously existing wetlands is preferred over the creation of new wetlands where none previously existed.

Restoration

Areas with drained hydric soils offer the best opportunity for wetland restoration

Page 39: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

•In these areas, hydrology re-establishment can be relatively easy by breaking tiles, filling in drains, and/or re-establishing the wetlands watershed•Seed Source may still exist, but supplemental seeding is recommended and may be required•Habitat Structures will be required in most instances

Restoration

Areas with drained hydric soils offer the best opportunity for wetland restoration

Page 40: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Wetland Creation

• Traditional wetland creation project:

• Difficult to establish appropriate hydrology (groundwater levels)

• No existing seed source or hydric soil

• Expensive (lots of excavation)

Page 41: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Mitigation Follow-upPrior to releasing the financial assurance bond/letter of credit, applicant must provide evidence that the following criteria has been met:

• Compliance with Permit Conditions• Acceptable Monitoring Reports Submitted• Met Goals Outlined in Performance

Standards

Page 42: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Mitigation bankingAcquisition of wetland mitigation bank credits may be approved as mitigation by the DEQ.

Mitigation banking:• establishes mitigation in advance of loss.• consolidates small mitigation projects.• can reduce uncertainty regarding mitigation availability.• can encourage integration of mitigation and watershed planning.

Transportation Agencies can establish their own mitigation banks.

Page 43: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

May be considered as mitigation only if the wetlands:

• perform exceptional physical or biological functionsor are an ecological type that is rare or endangered,• are under a demonstrable threat of loss or substantial degradation not under the control of the applicant and that are not otherwise restricted by state law, and • permanent protection of the wetlands is provided.

Preservation of Existing Wetlands

Page 44: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Although rarely used, opportunities do exist to preserve wetlands, particularly with Rare and Imperiled Wetlands Habitats

Preservation of Existing Wetlands

Troll Bog, Luce County

Page 45: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Prairie Fen

Page 46: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Lakeplain Prairie

Page 47: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Coastal Plain Marsh

Page 48: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Long-term Management and Protection May be Required

Page 49: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Michigan Natural Features Inventory

• http://web4.msue.msu.edu/mnfi/• Information relating to Michigan’s special

plants, animals, and communities• Good resource for information on how to

recognize these special features

Page 50: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

32 Years after passage of the Wetlands Protection Act, better scientific understanding of wetlands is supporting more efficient and effective management of Michigan’s wetland resources.

Page 51: Department of Environmental Quality - Michigan LTAPmichiganltap.org/sites/ltap/files/workshops/materials/8...Department of Environmental Quality Michigan Wetlands Wetlands are a significant

Michigan Wetlands

Questions?Questions?

www.michigan.gov/wetlands