DEVELOPING METHODS TO ESTABLISH AN URBAN WETLAND MITIGATION BANK ON YOUNGSTOWN’S EAST SIDE John D....

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DEVELOPING METHODS TO ESTABLISH AN URBAN WETLAND

MITIGATION BANK ON YOUNGSTOWN’S EAST SIDE

DEVELOPING METHODS TO ESTABLISH AN URBAN WETLAND

MITIGATION BANK ON YOUNGSTOWN’S EAST SIDE

John D. Bralich, Project ManagerCenter for Urban and Regional StudiesGraduate Student, American Studies

Program

PROJECT OVERVIEWPROJECT OVERVIEW

• 2008 CURS report, Redirecting Urban Land: Instituting Urban Wetlands Mitigation Strategies through GIS Analysis• Precursor to this project

• $25,000 contract with the city of Youngstown awarded June 2009

• Project commenced June 2009

PROJECT OVERVIEWPROJECT OVERVIEW

• Four sections• Section 1: Introduction and Overview of

Project• Section 2: Site Selection for the Development

of a Mitigation Bank• Section 3: Recommendations to the City of

Youngstown• Section 4: Compensatory Mitigation Banking

Rules and Regulations

COMPENSATORY MITIGATION BANKINGCOMPENSATORY MITIGATION BANKING

• Projects that cause adverse impacts to wetland habitation will require some from of mitigation to offset loss of wetland and aquatic resource functions in watershed

• Discharge of dredged or fill material into waters of the U.S. prohibited by Clean Water Act, unless authorized by Department of the Army permit

• Mitigation sequence• Avoid• Minimize• Compensate (mitigation)

• Development of a wetland mitigation bank is one avenue that can be taken to satisfy compensatory mitigation requirements• Mitigation responsibility transferred from

developer to bank operator as mitigation credits are sold

• Congress called for regulatory standards and criteria for compensatory mitigation outlined in Section 404 of CWA in 2003

• Section 314 of the National Defense Authorization Act FY 2004 requires Secretary of the Army through the Chief of USACE to issue regulations pertaining to on-site, off-site and in-lieu fee and mitigation banking

• USACE/USEPA jointly published the Final Rule in April 2008, which applies to permits issued under Section 404 of CWA and Sections 9 and 10 of the Rivers and Harbors Act of 1899

WHY YOUNGSTOWN?WHY YOUNGSTOWN?

• Significant population decline• Excess of vacant and abandoned land, land that

was never developed at all• Many vacant/unimproved properties located in

poorly drained areas that exhibit features consistent with the existence of wetlands

• Opportunity to restore, enhance, establish, or preserve wetland resources and sell mitigation credits

WHY YOUNGSTOWN?WHY YOUNGSTOWN?

• A mitigation bank would• Allow the city to sell mitigation credits to

developers who cause adverse impacts to wetlands

• Satisfy requirements to replace lost wetland functions, which are mandated by law

• Create recreation and education resources for the public

• Be in accordance with the vision outlined in the Youngstown 2010 Comprehensive Land Use Plan

OVERVIEW OF WETLANDSOVERVIEW OF WETLANDS

“Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.”

-U.S. Army Corps of Engineers’ 1987 Wetlands Delineation Manual

OVERVIEW OF WETLANDSOVERVIEW OF WETLANDS

• General Wetlands/Jurisdictional Wetlands• Jurisdictional Wetlands must be defined in

the field and include the three federal criteria wetland characteristics• Hydric soils• Wetland vegetation• Wetland hydrology

EXISTING MITIGATION BANKS IN OHIOEXISTING MITIGATION BANKS IN OHIO

• OEPA lists a total of 20 active mitigation banks in Ohio

• Nearly 2,000 available credits, ranging in cost from $12,000 to $36,000

• NO mitigation banks located in the Mahoning River Watershed• Unique opportunity for the city

SITE SELECTION: MITIGATION BANKSITE SELECTION: MITIGATION BANK

• 112-acre Mitigation Bank Target Area delineated• Consists of 823 properties, many of which are less

than 25 feet in width, and 9,550 feet of road right-of-way

• Exhibits potential for development of a mitigation bank, although portions have been significantly altered

• Majority of properties are either city owned, land banked, have sold tax liens, or are vacant and abandoned

MILTONIA AVENUE SITE FIELD SURVEYMILTONIA AVENUE SITE FIELD SURVEY

• Large 20-acre property located along Miltonia Avenue and owned by the city

• Former site of the Motor Transfer and Storage Warehouse

• Provided a point of access to conduct a field survey to verify the existence of conditions favorable for the development of a mitigation bank

• Conditions in target area similar to those of the Miltonia Avenue Site

• Tools included• Base map• USACE data form for making a routine wetland

determination• Wetlands Delineation Manual• Soil auger• Measuring tape• Munsell Soil Color Charts• Peterson Field Guide to Trees and Shrubs• National List of Plant Species that Occur in Wetlands:

1988 National Summary

• Utilized methods outlined in the USACE Wetlands Delineation Manual, for when an onsite inspection is necessary

• Steps taken included• Digital orthophoto download and map preparation to locate site• Locate atypical situations on site• Determine field characterization approach• Site is greater than five acres = establish baseline for the survey• Baseline parallels major watercourse, and is divided by three

surveying transects• Establish sampling observation points along each transect when a

new plant community (all plants occurring in shared environment) is identified

• Conducted June 23, 2009 during a period of seasonal weather conditions

FIELD SURVEY RESULTSFIELD SURVEY RESULTS

• Variety of hydrophytic vegetation found onsite• Elderberry (FACW-)• Silky Dogwood (FACW)• Marsh Fern (FACW+)• Grapevine (FACW)

• Also vegetation commonly found in upland areas• Staghorn Sumac (UPL)• Quaking Aspen (FACU)• Glossy Buckthorn (UPL)• Black Cherry (FACU)• Red Oak (FACU-)

FIELD SURVEY RESULTSFIELD SURVEY RESULTS

• Hydric soils found onsite, many exhibiting mottling or a dark gray color and matrix chroma of 1

• Wetland hydrology, including inundation, scattered throughout eastern portion of site

• Concrete foundation, old tires, crushed asphalt found near former site of the Motor Transfer and Storage Warehouse on the western portion of the site

Silky Dogwood (FACW)

Soil taken at Sampling Point 6, given a notation of 7.5YR 3/1

Hue (color)Value (light/dark)Chroma (color intensity)

Ephemeral Stream

Former Motor Storage and Transfer Warehouse

Sampling Point 2

Mottling

FIELD SURVEY CONCLUSIONSFIELD SURVEY CONCLUSIONS

• Concurred with 2008 CURS GIS Analysis and a Phase I Environmental Assessment completed by ES&C in 1998

• Hydric soils and hydrophytic vegetation found throughout site• Portions of site may already be function as

wetlands• Candidate for wetland restoration, enhancement

or establishment• Development of a mitigation bank is feasible

ESTABLISHING A MITIGATION BANKESTABLISHING A MITIGATION BANK

• Acquisition of Tax Liens and Tax-Delinquent Properties

• Acquisition of other Property• Removal of Unnecessary Infrastructure and

Consolidation of Properties• Establish a mitigation bank

TAX LIENSTAX LIENS

• Total tax lien properties• 516 properties with sold tax liens, 2004-2008• 106 owners

• Most likely scenario is that the city will acquire the liens and then foreclose on the properties

• 106 long foreclosures needed• Total cost: $37,500 for lien acquisition and

$159,000 for foreclosures, for a total of $196,500• This process could take up to 18 months

ACQUISITION OF OTHER PROPERTYACQUISITION OF OTHER PROPERTY

• Vacant properties that are not tax delinquent = 208 for $39,180

• Vacant structures that are not tax delinquent = 1 for $100• Privately-owned improved lots that will interfere with the

development of a mitigation bank, where possible = 24 for $96,950

• Demolition of structures that must be removed before construction of a mitigation bank can begin = 19 for $45,656

• Total cost of land acquisition = $378,386

REMOVAL OF UNNECESSARY INFRASTRUCTUREREMOVAL OF UNNECESSARY INFRASTRUCTURE

• 9,550 feet of existing roadways• Water lines• Sewer lines (must plug)• Electrical lines (First Energy)• Gas lines (Dominion East Ohio Gas)• Infrastructure removal will save the city

maintenance costs and allow the city to reduce its footprint in accordance with the Youngstown 2010 land use plan

STEPS TO ESTABLISH A MITIGATION BANK IN THE TARGET AREASTEPS TO ESTABLISH A MITIGATION BANK IN THE TARGET AREA

• The mitigation bank should cover approximately 112 acres• Alternatively, the city can begin construction of a bank

on the 20-acre Miltonia Avenue Site and then expand the bank at a later time

• Must hire a consultant that specializes in environmental construction services

• Coordination with USACE to identify existing wetlands is a necessary and critical early step

• Total number of credits that will be available for sale cannot be determined at this time

• Establish Interagency Review Team (IRT)• Draft a rough conceptual plan of the mitigation bank for

the initial IRT site visit = $15,000 - $20,000• Invite IRT for a site visit• Develop a mitigation plan = $30,000 - $50,000

• Will include objectives, site selection, baseline information, determination of credits, mitigation work plan, maintenance plan, performance standards, monitoring requirements, long-term management plan, adaptive management plan, financial assurances, any other required information

• Complete and submit draft mitigation prospectus = $5,000 - $8,500

• Complete and submit mitigation bank prospectus = $4,000 - $8,000

• Complete and submit a draft mitigation banking instrument = $4,000 - $8,000

• Complete and submit a final mitigation banking instrument = $4,000 - $8,000

• A public comment period and IRT review and comment period will follow each submission

• Implement the mitigation bank project and begin releasing credits upon USACE District Engineer approval of the final instrument• Set the price of the available mitigation credits (market

will determine)• Release 30% of the available credits• Begin construction of the mitigation bank = $15,000 -

$20,000 per acre• Complete all monitoring requirements on the site =

$50,000 - $75,000 over a ten-year period• Submit an annual financial assurance and long-term

management funding report

SUMMARYSUMMARY

• All property necessary for the development of a mitigation bank should be acquired first• Alternatively, the city may choose to intitially develop a bank on

the Miltonia Avenue Site• Assuming the construction of 50 acres of wetlands (all costs

approximate)• $378,386 for property acquisition• $112,000 - $177,500 for engineering and planning• $750,000 - $1,000,000 for construction• $24,808 - $31,118 per acre

• 10 acres on the Miltonia Avenue Site• $112,000 - $177,500 for engineering and planning• $150,000 - $200,000 for construction• $26,200 - $37,750 per acre

NEXT STEPNEXT STEP

• Contact USACE (Pittsburgh District) District Engineer and an environmental consultant, and begin the process of establishing a mitigation bank on the city’s east side

“THE WETLANDS” ONLINE“THE WETLANDS” ONLINE

• Report is available at http://psi.ysu.edu• For more information, visit the Center for

Urban and Regional Studies’ East Side Wetlands Project page at http://psi.ysu.edu/es_wetlands.htm

QUESTIONSQUESTIONS

DEVELOPING METHODS TO ESTABLISH AN URBAN WETLAND MITIGATION BANK ON YOUNGSTOWN’S EAST SIDE John D....

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