WETLANDS and LOCAL WETLANDS and LOCAL PROGRAMSPROGRAMS

Environmental Services

Oregon Department of Transportation

Why are Wetland Resources Why are Wetland Resources important?important? Wetlands provide unique, irreplaceable

functions in watersheds Federal and State regulations protect wetlands Wetlands are frequently viewed as valuable

resources by the public Wetlands can help offset water quality

concerns related to transportation projects

Federal and State Federal and State RegulationsRegulationsFEDERAL STATE OF OREGON

Clean Water Act Fill and Removal Law

Regulatory authority through Regulatory authority

the Environmental Protection through the Division of Agency State Lands

Implementation ImplementationArmy Corps of Engineers Division of State Lands

Section 404 Permit Fill and Removal Permit

Local RegulationsLocal Regulations

Local land use regulations - city and county

Special districts - such as the Columbia River Gorge National Scenic Area

Additional local agency water resource/ environmental regulations (Clean Water Services, Bureau of Environmental Services)

What does this mean for What does this mean for transportation projects?transportation projects? The potential affects of transportation

projects on protected water resources must be identified and considered in developing new projects, or in maintaining existing transportation facilities.

If protected water resources are identified as being potentially affected by a transportation project or related activities, then regulations must be followed and federal and state permits obtained.

How are transportation How are transportation projects affected?projects affected? If wetlands are identified within a project

corridor, it may impact:

• Project design• Project development timelines• Project development costs• Construction costs• Maintenance budgets

Phases of Wetland WorkPhases of Wetland Work

Project Scoping Phase Project Development Phase Construction Phase Post-Construction Phase

Wetland Work ComponentsWetland Work Components

Scoping Assessment Field Wetland Delineation Design Development Wetland Delineation Report Wetland Impact Assessment Wetland Functional Evaluation Conceptual Wetland Mitigation Plan Contract Documents (Plans, Specifications, Cost

Estimates) Construction Supervision or Oversight Post-Construction Monitoring

Scoping AssessmentScoping Assessment

Time Commitment: Not more than 8 hrs. to prepare, without travel time

Documentation should include: – Narrative of site visit– Map of location– Copy of appropriate soils survey map– National Wetlands Inventory (NWI) Map– Photos– Findings or Recommendations

Field DelineationField Delineation

Time Commitment: Varies with complexity of project and number/size of affected wetlands

Activity should include: Identify all wetland areas in field according to ACOE 1987

Wetlands Delineation Manual Flag boundaries clearly using survey tape and lath, pin flags,

or other clearly distinguishable materials Record wetland boundaries

- Standard terrestrial survey methods, or

- Backpack GPS (hand-held not

accurate enough)

Design DevelopmentDesign Development

Time Commitment: Varies with complexity of project and number/size of affected wetlands. Three-four meetings.

Activity should include: Coordinating with project designers to integrate

avoidance and minimization measures into the project. These inlcude:– Alignment modification/adjustment

– Use of bridges, retaining walls, steepened slopes for project

– Limits of construction/fenced project wetland areas

Formal DelineationFormal Delineation

Time Commitment: Varies with complexity of the project and number/size of affected wetlands. If adequate information was collected at the time of the field delineation, 40-80 hrs writing time + graphics/drafter time.

Documentation should include: All information as listed in OAR 141-090 - Wetland

Delineations http://arcweb.sos.state.or.us/rules/OARS_100/OAR_141/141_090.html

Submission of documentation to Division of State Lands

Wetland Impact AssessmentWetland Impact Assessment

Time Commitment: Varies with complexity of the project and number/size of affected wetlands. If the project plans/wetlands mapping conventions are compatible, 20-40 hrs for impact assessment.

Documentation should include: Narrative that describes the impacts Alternatives analysis, and avoidance and minimization

measures Maps that clearly show the impacted wetland areas Table(s) that quantify the amount and types of impacts

Wetland Functional Wetland Functional EvaluationEvaluationTime Commitment: Varies with complexity of the

project and number/size of affected wetlands. There are no scientifically validated functional evaluation tools available for this. BPJ (Best Professional Judgement) with reference to the HGM classification is frequently the best .

Documentation should include:

Conceptual Wetland Conceptual Wetland Mitigation PlanMitigation Plan

Contract DocumentsContract Documents

Project Plans

Project Specifications

Project cost Estimates

Construction SupervisionConstruction Supervision

Post-Construction Post-Construction MonitoringMonitoring

““Water Resource” Permits and Water Resource” Permits and Their Requirements:Their Requirements:Section 404 Permit DSL Permit

Both permits require that:

First: Wetland resources must beavoided if at all possible;

Second: Unavoidable impacts must be minimized;

Third: Impacted wetland values must be replaced, usually through

mitigation.

Permit RequirementsPermit Requirements

PermitPermit RequirementsRequirements

Replacement of lost or affected wetland values by:

– Restoration of pre-existing wetlands– Construction of new wetlands– Enhancement of existing wetlands

Statutory Requirements for Statutory Requirements for Wetland Mitigation:Wetland Mitigation:Ranked preference for mitigation options:

– On-site, in-kind– On-site, out-of-kind– Off-site, in-kind (in-basin)– Off-site, out-of-kind (In-basin)– In-Basin Mitigation Bank– In-Basin Payment-to-Provide– Payment-in-Lieu

Wetland MitigationWetland Mitigation

Project Design Phase:

1. Review mitigation possibilities

2. Determine appropriate

mitigation approach

Wetland MitigationWetland Mitigation

There are four commonly used mitigation strategies:

Construction of a mitigation wetland; Payment to another project to expand an

existing wetland project; Purchase of wetland credits in an approved

mitigation bank. Payment to the Division of State Lands

wetland mitigation fund

Wetland Mitigation Wetland Mitigation Construction:Construction:

Wetland mitigation by construction means that a new wetland will be constructed to replace functions that are lost or affected by construction of a transportation project or by transportation-related activities.

Wetland Mitigation Wetland Mitigation Construction:Construction:Construction requires: Selection and purchase of a site; Production of construction documents; Extensive involvement during construction

to ensure implementation; Five years of post-construction monitoring; In-perpetuity post-construction

maintenance.

Wetland Mitigation by Wetland Mitigation by Payment-to-Provide: Payment-to-Provide:

This option mitigates for wetland loss by making a payment to a wetland project, generally not sponsored by the agency, that will create wetlands similar to those affected by transportation activities.

This option can be used only if the preferred wetland mitigation options are not available.

Wetland Mitigation by Wetland Mitigation by Payment-to-Provide: Payment-to-Provide: This option requires: Identifying an appropriate project that is

being constructed in an acceptable timeframe;

Determining the monetary value of the lost/affected wetlands, usually by a formula based on construction costs, and reserving the money in the contract;

Developing legal agreements with the project sponsors; and

Making the monetary payment to the sponsor.

Wetland Mitigation byWetland Mitigation byMitigation Banking Credit:Mitigation Banking Credit:

This mitigation option satisfies wetland mitigation requirements by purchasing wetland credits from an approved wetland mitigation bank in an acceptable location.

“Acceptable location” means the mitigation bank is within a reasonable distance of the wetland impact area.

Wetland Mitigation byWetland Mitigation byMitigation Banking Credit:Mitigation Banking Credit:This option requires:

Locating an acceptable mitigation bank; Determining the monetary value of the

lost/affected wetlands, usually by a formula based on construction costs, and reserving the money in the contract;

Developing an agreement for purchase of the credits with the bank owner;

Making the payment.

Wetland Mitigation byWetland Mitigation byPayment-In-Lieu:Payment-In-Lieu:This mitigation option allows payment tied

to the cost to replace the functions of the affected wetland, generally based on construction costs. The payment is made to the Division of State Lands for their discretionary use in wetland projects.

This option is only allowed for small impacts, or by special authorization of the Director of the Division of State Lands.

Wetland Mitigation byWetland Mitigation byPayment-In-Lieu:Payment-In-Lieu:This option requires:

Determining the monetary value of the lost/affected wetlands, usually by a formula based on construction costs, and reserving the money in the contract;

Making the payment.

Wetland Mitigation:Wetland Mitigation:Additional ConsiderationsAdditional ConsiderationsFederal and State regulations require that

our wetland mitigation obligation be met for every project that affects protected wetlands.

ODOT is responsible for documenting the success of our own mitigation efforts, and for the success of the wetland mitigation projects it has made financial commitments to.

Conclusions:Conclusions: Wetlands are valuable resources protected

by both federal and state laws. Compliance with these laws requires a

substantial investment of agency resources. There are a variety of options available to

satisfy federal and state mitigation requirements.

Each project requires evaluation of the best mitigation option, taking into consideration the potential costs of each, including long-term responsibility.