Wetland Mitigation Chris Cavendish Adam Clutter Charles Gala Eric Juve Kevin Kollar Simon McClung Shawn O’Malley
Transcript
Slide 1
Chris Cavendish Adam Clutter Charles Gala Eric Juve Kevin
Kollar Simon McClung Shawn OMalley
Slide 2
Wetlands have a poor public image Yet they are among the earths
greatest natural assets mankinds waterlogged wealth -Edward Maltby
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What is a Wetland? Jurisdictional Wetland Hydrology Hydrophytic
Vegetation Hydric Soil 3
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Wetland Types 4 Different Types Marshes Swamps Bogs Fens 4
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Importance of Wetlands Shallow waters provide for 40% of all
ecological processes Water Purification Flood Water Retention
Biodiversity Animal Habitat 5
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Authority for the Government to Regulate Mitigation Clean Water
Act Regulates the disposal of waste into navigable waters Permits
may be purchased from the government for the use of disposal sites
Rivers and Harbors Act of 1899 Regulates the placement of
structures, dikes, and filling of navigable waterways 6
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Mitigation Banking Added as an amendment to Clear Water Act
Compensation for the waste disposal Banking policy used with every
permit issued. Four parts: Service Area Bank Site Bank Instrument
Interagency Review Team 7
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Improvements on the Wetland Restoration Bringing the wetland
back to its former glory Creation Building artificial wetlands
where wetlands have been destroyed Enhancement Improving the
wetlands from what it originally was 8
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Mitigation Credits Issued to permit holders based on the
ability of the holder to perform the improvements Already
determined is what needs to be done for the wetlands, just needs to
be implemented by the permit holders Responsibility to the tasks
falls on the IRT. 9
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Clean Water Act Players U.S. Army Corps of Engineers Military
Organization Investigate, Develop, and Maintain Nations Water and
Related Environmental Resources Environmental Protection Agency
Federal Government Agency Protecting Environment and Human Health
Write and Enforce Regulations based on Law passed by Congress
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EPA and Corps (CWA) Issue Revised Regulations for Section 404
of Clean Water Act 1995: Federal Guidance on the Establishment,
Use, and Operation of Mitigation Banks Provided guidelines to seek
approval for operation of mitigation banks By 2001, 23 states had
regulations authorizing use of mitigation banks 11
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EPA and Corps (CWA) cont. 2002: Wetlands Mitigation Action Plan
Departments of Agriculture, Commerce, Interior, and Transportation
Further implemented the no net loss of wetlands goal 2008: Final
Compensatory Mitigation Rule Incorporated Wetlands Mitigation
Action Plan Improved: effectiveness of compensatory mitigation to
replace lost aquatic resource functions and area expand public
participation in compensatory mitigation decision making increase
the efficiency and predictability of the mitigation project review
process 12
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EPA and Corps (CWA) cont. Regulations implemented require
permits for the filling and dredging of wetlands. U.S. Army Corps
of Engineers approve and deny permits for compensatory mitigation
on a case-by-case basis EPA has the power to veto the Corps permit
decisions 13
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State Wetland Programs Observe: Section 404 of Clean Water Act
State laws regarding Wetland Mitigation Involved: Either Department
of Natural Resources or Department of Environmental Quality
Regional EPA/USACE organizations 14
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North Carolina 1996: Wetlands Restoration Program Part of the
North Carolina Department of Natural Resources Focused on
innovating wetland permits Placed mitigation within the same river
basin as the related impact Organizations felt program wasnt
reaching full potential 2003: North Carolina Ecosystem Enhancement
Program Continue and improve upon the Wetlands Restoration Program
Formed by: North Carolina Department of Transportation North
Carolina Department of Natural Resources U.S. Army Corps of
Engineers Wilmington District Key difference: NCEEP mitigated
before the impacts occurred 15
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Ohio Past 200 years, wetlands have declined from 5 million
acres to less than 500,000 acre 1999: Partnership formed Ohio
Environmental Protection Agency Ohio Department of Natural
Resources Restored more wetland than any other state organization
Preserve, restore, and create wetlands within the region In
accordance with Ohio Water Quality Standards and Section 404 of
Clean Water Act 1992: Ohio Wetlands Foundation Private non-profit
corporation Created and restored 2,400 acres of wetlands Created
the first wetlands mitigation bank in U.S. Achieved the required
performance standards Completed the required monitoring 16
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Development of Policies 17
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Development of Policies (cont.) 18
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Development of Policies (cont.) 1 st wetland policy was The
Swamp Land Act Allowed draining of wetlands for productive use
Approximately half of 200 million acres of wetland were destroyed
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Development of Policies (cont.) Rivers and Harbors
Appropriation Act of 1899 Some wetlands were considered waterways
Only policy to protect wetlands till 1977 20
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Development of Policies (cont.) Knowledge and appreciations for
wetlands grew and the Clean Water Act of 1977 was enacted Section
404 specifically protected wetlands Wetlands Restoration and
Improvement Act introduced in 1997 Implemented mitigation banking
Continuous improvements on regulating wetland conservation 21
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Development and Policies (cont.) Local Governments develop
policies that coincide with federal policy Ohio originally had the
Modified Index of Well Being. Only generically protected surface
waters that included some wetlands Adopted Wetland Water Quality
Standards 22
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Non-Governmental Actors Participate in various roles in wetland
mitigation These actors have varying degrees of influence but each
is important in its own way 23
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Policy Writing After a policy draft is written, it is made
available to the public for comment before its implementation. Each
comment must then receive a response either defending the policy or
offering change. 24
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Who comments? Main contributor: Environmental consulting and
engineering groups E.g. Herrera Environmental Consultants
Secondary: Activism groups and individuals 25
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Wetland Mitigation Projects Obvious NGAs in this area are those
who find themselves required to perform wetland mitigation.
Knowledge, personnel, and equipment issues 26
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Wetland Mitigation Projects Environmental consulting firms or
knowledgeable and capable individuals are hired to actually
implement a restoration project Dr. Jeffrey Kavanaugh LJB Inc. -
Kettering 27
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Wetland Education This is the least recognized, yet perhaps
most important function of NGAs. Protests Impassioned citizens
Educators 28
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Problems with the Authority of the Government Clean Water Act
Many wetlands are not considered navigable and are therefore not
covered. Does not eliminate any pollution only holds it static.
Rivers and Harbors Act of 1899 Does not cover all wetlands because
not all are navigable. 29
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Mitigation Banking Most effective manner of restoration and
conservation. Should allow for growth of wetlands but has not been
proven to do so. 1.8 acres of new wetlands per acre destroyed.
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Problems with Mitigation Banking Interagency Review Team Does
not necessarily apply to all wetlands because in some cases it is
an amendment. Clean Water Act 31
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Overall Effectiveness of Policy Not as effective as originally
hoped. Contributes to watershed health as well. The two thought to
be linked. 32
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Wetlands Benefits -Support growth of aquatic plant life and
have a high diversity of species -Prevent floods -Filter water
-Prevent soil erosion to surrounding areas 33
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When policies were first implemented, annual acres of
disappearing wetlands decreased to 290,000 from 480,000 This
decrease in wetland loss, as stated by the EPA in its Wetlands
Overview, was because of "increased public awareness of the
functions and value of wetlands and the need to protect them, the
implementation and enforcement of wetland protective measures,
elimination of incentives to drain wetlands, private land
initiatives, coastal monitoring and protection programs, and
wetland restoration and creation actions Effects of Current Policy
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In serious need of reconsideration In the 1990s, there was
still a wetlands loss even though the compensatory mitigation plan
asked for 1.8 acres of new wetlands for every 1 acre destroyed
Compensatory mitigation process is poorly planned because new
wetlands are created in areas where they cannot flourish (difficult
to recreate nature) Policy Recommendations 35
Slide 36
New wetlands should be created before destroying old ones
Monitor all compensatory mitigation plans Restore current wetlands
instead of creating new ones Simply constructing new wetlands
Policy Recommendations contd 36