1 Remediation of Remediation of Impacts to Wetlands Impacts to Wetlands Mitigation Strategies Mitigation Strategies u Avoidance Avoidance u Minimization Minimization u Compensation Compensation Minimization of Wetland Impacts Minimization of Wetland Impacts
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Remediation of Impacts to Wetlands 2006web.pdx.edu/~maserj/ESR424-524/Remediation of Impacts to Wetlan… · Remediation of Impacts to Wetlands Mitigation Strategies uAvoidance uMinimization
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Remediation of Remediation of Impacts to WetlandsImpacts to Wetlands
Mitigation StrategiesMitigation Strategies
uuAvoidanceAvoidance
uuMinimizationMinimization
uuCompensationCompensation
Minimization of Wetland ImpactsMinimization of Wetland Impacts
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Steps in Compensatory MitigationSteps in Compensatory Mitigation
uu Define ObjectiveDefine Objective–– Regulatory AgenciesRegulatory Agencies–– Evaluation of ImpactsEvaluation of Impacts–– Regional NeedRegional Need–– Amenity of DevelopmentAmenity of Development–– Functional Need of DevelopmentFunctional Need of Development–– Choice of ApplicantChoice of Applicant
uu Describe General Characteristics of MitigationDescribe General Characteristics of Mitigation–– TypeType–– HydrologyHydrology–– VegetationVegetation
uu Site SelectionSite Selection–– FeasibilityFeasibility–– CostsCosts–– Constraints/OpportunitiesConstraints/Opportunities
Wetland Mitigation Site SelectionWetland Mitigation Site Selection
uuSite Selection ProcessSite Selection Process–– OffOff--SiteSite–– OnOn--SiteSite–– Modify Plans to Suit SiteModify Plans to Suit Site
Site Selection InformationSite Selection Information
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Flow Chart of Compensatory MitigationFlow Chart of Compensatory Mitigation
Forms of Compensatory MitigationForms of Compensatory Mitigation
uuRestorationRestorationuuEnhancementEnhancementuuCreationCreationuuBankingBankinguuPayment InPayment In--lieu of lieu of
RestorationRestoration
uuRestoring wetland function to an Restoring wetland function to an area that was previously a wetland area that was previously a wetland and has been altered by change:and has been altered by change:–– HydrologyHydrology–– Vegetation Vegetation –– FillingFilling
–– Wetland Acreage Savings Account of Created WetlandsWetland Acreage Savings Account of Created Wetlands–– Withdrawal for Mitigation CreditWithdrawal for Mitigation Credit
uu AdvantagesAdvantages–– Implementing and functional before impactImplementing and functional before impact–– Large areas better than several small areasLarge areas better than several small areas–– Usually designed by experts with incentive to performUsually designed by experts with incentive to perform–– Bring together financial resources of manyBring together financial resources of many–– Reduce uncertainty of regulatory agenciesReduce uncertainty of regulatory agencies–– Easier for Regulatory Agencies to trackEasier for Regulatory Agencies to track
uu DisadvantagesDisadvantages–– If it fails there is a large lossIf it fails there is a large loss–– Sponsors take large risk with no guaranteeSponsors take large risk with no guarantee
uu IssuesIssues–– InIn--kindkind–– In WatershedIn Watershed–– Agency AgreementsAgency Agreements
Oregon Wetland BankingOregon Wetland Bankinguu Oregon Wetland Mitigation Bank Act Oregon Wetland Mitigation Bank Act –– 19871987uu Bank only used when onBank only used when on--site is not practicable or site is not practicable or
where offwhere off--site is environmentally preferablesite is environmentally preferableuu Requirements to Establish a Bank:Requirements to Establish a Bank:
–– Meet with DSLMeet with DSL–– Submit ProspectusSubmit Prospectus–– Develop InstrumentDevelop Instrument–– Location Location –– Need Need –– Existing Condition of Site/Adjacent AreasExisting Condition of Site/Adjacent Areas–– List of Adjacent Property OwnersList of Adjacent Property Owners–– Ecological GoalsEcological Goals–– Wetland FunctionsWetland Functions–– Site Plan (including buffers)Site Plan (including buffers)–– Monitoring PlanMonitoring Plan–– Contingency Plan (flood/invasive vegetation/eatContingency Plan (flood/invasive vegetation/eat--
out/etc.)out/etc.)–– Local ApprovalLocal Approval–– Plans for LongPlans for Long--term Managementterm Management
uu DSL ReviewDSL Reviewuu Mitigation Bank Review Team Mitigation Bank Review Team
(ACOE/DSL/Others)(ACOE/DSL/Others)–– Review ProspectusReview Prospectus–– Participate in Development of InstrumentParticipate in Development of Instrument–– Review Performance (at least annually)Review Performance (at least annually)
uu DSL Approval DSL Approval uu Credits Depend on Method of Credits Depend on Method of
Mitigation DevelopmentMitigation Developmentuu Remaining Credits Can IncreaseRemaining Credits Can Increaseuu Buffers Can Earn Credits after 5 YearsBuffers Can Earn Credits after 5 Years
Wetland Mitigation by PaymentWetland Mitigation by Payment--InIn--LieuLieu
uu This mitigation option allows payment tied This mitigation option allows payment tied to the cost to replace the functions of the to the cost to replace the functions of the affected wetland, generally based on affected wetland, generally based on construction costsconstruction costs
uu The payment is made to the Division of The payment is made to the Division of State Lands for their discretionary use in State Lands for their discretionary use in wetland projectswetland projects
uu This option is only allowed for small impacts This option is only allowed for small impacts (0.2 acres), or by special authorization of (0.2 acres), or by special authorization of the Director of the Division of State Landsthe Director of the Division of State Lands
uu Payment determined as monetary value of Payment determined as monetary value of the lost/affected wetlands, usually by a the lost/affected wetlands, usually by a formula based on construction costs, and formula based on construction costs, and reserving the money in the contractreserving the money in the contract
Ranked Preference for Mitigation Ranked Preference for Mitigation OptionsOptions
uuOnOn--site, insite, in--kind kind uuOnOn--site, outsite, out--ofof--kind kind uuOffOff--site, insite, in--kind (inkind (in--basin) basin) uuOffOff--site, outsite, out--ofof--kind (Inkind (In--basin) basin) uu InIn--Basin Mitigation Bank Basin Mitigation Bank uu InIn--Basin PaymentBasin Payment--toto--Provide Provide uuPaymentPayment--inin--Lieu Lieu
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MonitoringMonitoring
uu Purpose of EvaluationPurpose of Evaluation–– RegulatoryRegulatory–– CorrectionCorrection
Government Island MonitoringGovernment Island Monitoring
Effectiveness of Wetland MitigationEffectiveness of Wetland Mitigation
uuNational Research Council 2001National Research Council 2001–– Net Loss in Wetland AreaNet Loss in Wetland Area–– Net Loss in Wetland FunctionNet Loss in Wetland Function
Designer onDesigner on--site during constructionsite during construction55
Oversight and followOversight and follow--up by Regulatory Agenciesup by Regulatory Agencies44
Good site selectionGood site selection33
Same consultantSame consultant22
Adequate source of hydrologyAdequate source of hydrology11
Johnson et al. 2002
National Compensatory Mitigation Action PlanNational Compensatory Mitigation Action Plan
uu 17 Actions to be completed by 200517 Actions to be completed by 2005uu GeneralGeneral
–– Regulatory GuidanceRegulatory Guidanceuu Integrating Mitigation into WatershedIntegrating Mitigation into Watershed
–– On Site/Off Site & InOn Site/Off Site & In--kind/Out of Kind guidancekind/Out of Kind guidance–– Vegetated Buffer GuidanceVegetated Buffer Guidance–– Preservation GuidancePreservation Guidance–– Watershed Context GuidanceWatershed Context Guidance
uu Improving AccountabilityImproving Accountability–– Banking GuidanceBanking Guidance–– Grants to Improve MitigationGrants to Improve Mitigation–– Guidance for “Difficult To Replace” AreasGuidance for “Difficult To Replace” Areas–– Stream MitigationStream Mitigation
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National CompensatoryNational CompensatoryMitigation Action Plan (cont.)Mitigation Action Plan (cont.)
uu Clarifying Performance StandardsClarifying Performance Standards–– Model Mitigation ChecklistModel Mitigation Checklist–– Adapt NASAdapt NAS--guidelines to 404 Programguidelines to 404 Program–– Analysis of Existing StandardsAnalysis of Existing Standards–– Clarify Performance Standard ConceptsClarify Performance Standard Concepts–– Performance Standard GuidancePerformance Standard Guidance
uu Improving Data CollectionImproving Data Collection–– Evaluate Existing Mitigation DatabasesEvaluate Existing Mitigation Databases–– Develop Common Mitigation DatabasesDevelop Common Mitigation Databases–– Annual Report CardAnnual Report Card