Index

A

Abiotic components, 299

Activity, completing compensatory mitigation before permitting, 7, 139, 167

Advance identification (ADID), 146, 299

Agency technical capacity, 158–160

Agricultural uses, wetland losses due to, 57–58

Alnus, 32

Amphibians, major component of wetland biodiversity, 40

Analyses

of 404(b)(1) guidelines, for processingDepartment of the Army permit applications, 253–254

of compliance for 17 mitigation projects with field investigation in Western Washington, 120

scope of, in processing Department of the Army permit applications 241–242

of soil, plant, and animal communities for mitigation sites compared with reference sites, 211–216

Animal communities present in a wetland, 39–40

analyses of, for mitigation sites compared with reference sites, 211–216

Animal dispersal corridors, in watersheds, wetlands as, 51–53

Application, in processing Department of the Army permit, 247

Approaches

floristic, 129–130

to the nationwide permit process, 77

third-party compensation, 9, 93, 168

watershed, 3–5, 45, 59, 140–149, 273

Area basis compliance, for mitigation that was attempted based on field inspection or monitoring reports, 119

Army Corps of Engineers. See U.S. Army Corps of Engineers

Assessment of function, over broad range of performance conditions 136

Atlantic coast, coastal wetlands on, 41

Authority, discretionary, in processing Department of the Army permit applications, 246

Avoidance, 299



The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement



Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Index A Abiotic components, 299 Activity, completing compensatory mitigation before permitting, 7, 139, 167 Advance identification (ADID), 146, 299 Agency technical capacity, 158–160 Agricultural uses, wetland losses due to, 57–58 Alnus, 32 Amphibians, major component of wetland biodiversity, 40 Analyses of 404(b)(1) guidelines, for processingDepartment of the Army permit applications, 253–254 of compliance for 17 mitigation projects with field investigation in Western Washington, 120 scope of, in processing Department of the Army permit applications 241–242 of soil, plant, and animal communities for mitigation sites compared with reference sites, 211–216 Animal communities present in a wetland, 39–40 analyses of, for mitigation sites compared with reference sites, 211–216 Animal dispersal corridors, in watersheds, wetlands as, 51–53 Application, in processing Department of the Army permit, 247 Approaches floristic, 129–130 to the nationwide permit process, 77 third-party compensation, 9, 93, 168 watershed, 3–5, 45, 59, 140–149, 273 Area basis compliance, for mitigation that was attempted based on field inspection or monitoring reports, 119 Army Corps of Engineers. See U.S. Army Corps of Engineers Assessment of function, over broad range of performance conditions 136 Atlantic coast, coastal wetlands on, 41 Authority, discretionary, in processing Department of the Army permit applications, 246 Avoidance, 299

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT B Baltimore District's Guidelines, 227–228 Basin Wetlands and Riparian Restoration Plan, 210 Biological dynamics, evaluating in terms of regional reference models 5, 45 Biological opinion (BO), 257–258 BO. See Biological opinion Board on Environmental Studies and Toxicology, 20 Bogs, 26–27 Bush, George W., 156 C California Coastal Act, 299 California Department of Fish and Game, South Coast Region, guidelines for wetland mitigation, 217–218 California Department of Transportation, 203, 205 Carolina bays, 52 Case studies, 199–210 Coyote Creek mitigation site, 201–208 Everglades National Park, 34, 199–201 North Carolina Wetland Restoration Program, 208–210 CEQ. See Council on Environmental Quality Channelization, 58 Chicago District Mitigation Guidelines, 229–230 Cladium jamaicence, 30 Clean Water Act (CWA), 1–4, 6, 60, 299. See also Section 404 permits objective of, 11–13, 15, 53, 240 Clinton Administration Wetland Plan, 145 Coastal wetlands, on the Atlantic and Gulf of Mexico coasts, 41 Coastal zone management, in processing Department of the Army permit applications, 255–257 Coastal Zone Management Act (CZMA), 252, 255–256, 264–265 Code of Federal Regulations, 65 Commanders, memorandum for, 234–238 Commercial mitigation banks, 86 Committee on Mitigating Wetland Losses, 2, 12–13, 20–21 Community structure, setting goals addressing, 7, 45 Comparative studies, of mitigation and natural wetlands, 189–198 Compensation in-kind, 301 out-of-kind, 302 permittee-responsible, 8, 167 self-sustaining, 53–57 third-party, 9, 93, 168 Compensation wetland planning, 146–147, 300 Compensatory mitigation, 300 in California, parameters measured in, 107 completing before permitting activity, 7, 139, 167 defined, 14 designing and constructing individual sites on watershed scale, 7, 139, 167 establishing long-term stewardship for, 8, 168 guidelines for implementing, 9, 93 initiation of, 150 performance standards from selected Section 404 permits requiring 222 in processing Department of the Army permit applications, 265–268 Compensatory mitigation mechanisms under Section 404, 82–93 legal responsibility for the mitigation, 86–88 location of the compensatory mitigation action, 83–86 MBRT process, 91 recommendation, 93 relationship of mitigation actions to permitted activities, 88–91 stewardship requirements, 91–92 a taxonomy, 92 Compliance, 94–122 based on area, for mitigation that was attempted based on field inspection or monitoring reports, 119 based on permit number, for when the mitigation plan was fully implemented 118 improving monitoring of, 8, 168 inspection and enforcement of, 156–157 with mitigation design standards, 97– 101

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT in mitigation planning, 95–97 with mitigation ratios, 108–110 monitoring duration of, 112–113 monitoring of, 110–112 in processing Department of the Army permit applications, 270 in project implementation, 101–103 recommendations, 122 record of, 113–121 with requirements for permittee-responsible compensation, 8, 167 Compliance with permit conditions, 103–108 design standards and detailed performance standards, 104–108 Compliance workload terms, 282–284 Conditioning permits, in processing Department of the Army permit applications, 264–265 Conduit for groundwater, soil in wetlands as, 32 Connectivity, 300 Conservation. See Wetland conservation Constructed salt marshes at a mitigation site in North Carolina, 42 in natural sites in Paradise Creek, Southern California, 115 in San Diego Bay, long-term data for, 43 Constructed wetlands, 300 defined, 13 Contaminants, from soil in wetlands, 32 Continuous parametric scale, creating, 136 Corps of Engineers. See U.S. Army Corps of Engineers Corridors. See Animal dispersal corridors Council on Environmental Quality (CEQ), 62, 266, 300 Cowardin system. See Wetland classification system Coyote Creek mitigation site, 201–208 duration of monitoring, 205–207 long-term success criterion, 205 monitoring and site development, 205– 207 monitoring parameters, 204 short-term success criterion, 204–205 site installation and postinstallation site review, 205 Craven County, N.C., comparison between observed and DRAINMOD simulated water-table depths for a wetland restoration site in, 55 Creation of wetlands, 22–27. See also Constructed wetlands wetland types that are difficult to create, 24–27 wetland types that have been created, 22–24 Creation of wetlands that are ecologically self-sustaining, 123–128 adopting a dynamic landscape perspective, 124–125 attending to subsurface conditions, 127 avoiding overengineered structures in the wetland's design, 126 choosing wetland restoration over creation, 125–126 conducting early monitoring, 128 considering complications in degraded or disturbed sites, 128 considering the hydrogeomorphic and ecological landscape and climate 123–124 incorporating appropriate planting elevation, depth, soil type, and seasonal timing, 126–127 providing appropriately heterogeneous topography, 127 restoring or developing naturally variable hydrological conditions 125 Credits, wetland, 67 Cropped wetlands (CW), 300 CWA. See Clean Water Act CWA Section 404 program. See Section 404 permits CZMA. See Coastal Zone Management Act D DA. See Department of the Army Data long-term, for salt marshes constructed in San Diego Bay, 43 quality assurance measures for entry of, 3, 122 Degraded sites, 44 considering complications in, 128 Denials, 278 Denitrification, 27 Department of the Army (DA) permitapplications, policies and procedures for processing, 240–271

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Depth factors, incorporating as appropriate, 126–127 Design reference manual, developing to help projects achieve permit requirements, 8, 168 Design standards, 104–108 Discretionary authority, in processing Department of the Army permit applications, 246 Dispersal corridors. See Animal dispersal corridors District commands, memorandum for, 234–238 Disturbed sites, considering complications in, 128 Documentations, EA/SOF/guidelines compliance, in processing Department of the Army permit applications, 258–264 DRAINMOD (hydrological model) simulated water-table depths, compared with observed water-table depths, 55 Duration of inundation or saturation, 29 of monitoring, 112–113 of monitoring, at the Coyote Creek mitigation site, 205–207 of permits, in processing Department of the Army permit applications 268 Dynamic landscape perspective, adopting, 124–125E EA. See Environmental assessment Early monitoring, conducting, 128 Echinochloa crusgalli, 230 Ecological functionality percentage of permits meeting various tests of, 117 of small, isolated wetlands, 52 Ecological parameters landscape and climate, 123–124 in paired replacement and reference wetlands, 116 Ecoregional perspectives in setting wetland project priorities, encouraging states to use, 9, 167 on where a wetland occurs, 38 Effect on Wetlands review, factors considered in, 293 EIS. See Environmental Impact Statements Emergency procedures, 245 Endangered Species Act (ESA) general mitigation requirements of, 62, 101, 249 in processing Department of the Army permit applications, 257–258 Enforcement in processing Department of the Army permit applications, 270 in regulatory program priorities, 274 Enforcement workload terms, 282–284 Enhancement. See Wetland enhancement Environmental assessment (EA), 245, 249 Environmental Impact Statements (EIS), 261–263 Environmental Protection Agency. See U.S. Environmental Protection Agency EPA. See U.S. Environmental Protection Agency Ephemeral wetlands, 300 Equivalency, functional, for constructed salt marshes in relationship to natural sites in Paradise Creek, Southern California, 115 ESA. See Endangered Species Act Evaluation days, 278–280 Evaluation workload terms, 276–278 Everglades National Park, case study at, 34, 199–201 Excavation Rule, 243 Exotics, 300 Expectations for the permittee, 149–154 initiation of compensatory mitigation projects, 150 monitoring for performance, 151–152 permit compliance conditions for permittee-responsible mitigation 153–154 permit conditions, 150–151 transfer of long-term responsibility, 152–153 Expectations for the regulatory agency, 154–160 agency technical capacity, 158–160 compliance inspection and enforcement, 156–157 long-term stewardship and management, 157–158

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT recognizing temporal lag, 155 recognizing watershed needs, 154–155 F Federal actions, regarding wetland permit and mitigation requirements 61 Federal Register, 69–70, 74, 76 Federal Water Pollution Control Act (FWPCA), 64 Federal wetland program, expanding state wetland programs to fill gaps in, 9, 168 FEDR. See Florida Department of Environmental Regulation Fens, 25–26 Field inspection, area basis compliance for mitigation that was attempted based on, 119 File maintenance, in processing Department of the Army permit applications 270–271 Financial assurances, ensuring for long-term site sustainability, 7, 139, 167 Findings, 1–10 advantages of third-party compensation approaches, 9, 93, 168 advantages of watershed approach, 3–5, 45, 59 goal of no-net-loss-of-wetlands, 2–3, 122, 168 inadequate support for regulatory decision making, 8–9, 167–168 problems with Section 404 permits, 45, 137, 139, 167–168 Findings of no significant impact (FONSI), 259, 261 Fish and Wildlife Coordination Act, 63–64, 74, 300 general mitigation requirements of, 61 Fish and Wildlife Service. See U.S. Fish and Wildlife Service (USFWS) Flood-control practices, wetland losses due to, 58 Florida Department of Environmental Regulation (FEDR), 125–126 Floristic Quality Assessment, 130 FONSI. See Findings of no significant impact Food Security Act (FSA), 1, 17, 300 general mitigation requirements of, 62 Forested wetlands, 23 Forms of permits, in processing Department of the Army permit applications 244–245 40 CFR 230, 299 Frequency of monitoring for permits that required mitigation, 111 Freshwater emergent marshes, 22–23 Function. See Wetland functions Functional assessment, 132–136 of all recognized functions, 136 creating a continuous, parametric scale, 136 defined, 14 of function over broad range of performance conditions, 136 including reliable indicators of important wetland processes, 136 integrating over space and time, 136 selected attributes of 40 common procedures, 285–291 Functional equivalency, for constructed salt marshes, in relationship to natural sites, 115 Functionality, percentage of permits meeting various tests of, 117 Funds, for staff professional development,committing, 8, 168 FWPCA. See Federal Water Pollution Control Act FWS. See U.S. Fish and Wildlife Service G General Accounting Office (GAO), 162 General permits (GP), 76, 244, 300 Geographical information system (GIS) data, 48, 52 Germination medium, soil in wetlands as, 32 GIS. See Geographical information system data Global positioning system (GPS) technology, 48 Goals addressing both community structure and wetland functions setting 7, 45 of no-net-loss-of-wetlands, 2–3, 122– 137, 168 GP. See General permits

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT GPS. See Global positioning system technology Groundwater withdrawals, wetland losses due to, 58 Gulf of Mexico (GOM) coast, coastal wetlands on, 41 H Habitat evaluation procedures (HEPs), 131 Habitat support for fauna, 31 for mycorrhizae and symbiotic bacteria, 32 for soil macrofauna, 32 Headquarters, Operations, Construction, and Readiness Division, 19, 83 HEPs. See Habitat evaluation procedures Herbaceous wetlands, 22–23 Heterogeneous topography, providing, 127 HGM. See Hydrogeomorphic Method Hole-in-the-Donut, 34, 199–201 Hydric soils, 300 Hydrogeomorphic Method (HGM), 114– 115, 131–136, 159–160, 301 landscape and climate, 123–124 Hydrological continuum, 29 Hydrological function of wetlands, 28–29, 35–36, 301 restoring or developing naturally variable, 125 Hydrological variability, incorporating into wetland mitigation design and evaluation, 5, 45, 135 Hydrology, effect of wetland function and position in the watershed on, 48–49 Hydroperiods, 301 Hydrophytic vegetation, 301 I Impact sites area permitted, as a result of permits issued by the U.S. Army Corps of Engineers, 19 evaluating with same tools as mitigation sites, 7, 137 In-kind compensation, 301 In-lieu fees, 87, 301 Inadequate support, for regulatory decision making, 8–9, 167–168 Indicators of important wetland processes, reliability of, 136 Individual permits, 301 Installation review, at the Coyote Creek mitigation site, 205 Institutional reforms for enhancing compensatory mitigation, 138–168 expectations for the permittee, 149–154 expectations for the regulatory agency, 154–160 guidelines for, 9, 168 improvements in permittee-responsible mitigation, 149–154 introduction, 138–140 recommendations, 166–168 support for increased state responsibilities, 165–166 third-party mitigation, 160–164 watershed-based approach to compensatory mitigation, 140–149 Interagency Wetland Plan, 146 Internal coordination, in processing Department of the Army permit applications, 250 Inundation, duration and timing of, 29 Invasion of Schinus terebinthifolius, conceptual model of factors facilitating the, 200 Invasive species, 301 Iva frutescens, 228 J Juncus roemerianus, 228 Jurisdictional issues, 53 in processing Department of the Army permit applications, 242–243 L Legal assurances, ensuring for long-term site sustainability, 7, 139, 167 Legal compliance, defined, 15 Legal responsibility for the mitigation, under Section 404, 86–88 Letter of permissions (LOPs), 244–245 Local watershed plans (LWPs), 208–210

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Location of the compensatory mitigation action, under Section 404 83–86 Long-term data, for salt marshes constructed in San Diego Bay, 43 Long-term effects of wetland creation, enhancement, and restoration, research into, 9, 168 Long-term responsibility, transfer of, 152– 153 Long-term site sustainability, ensuring legal and financial assurances for, 7, 139, 167 Long-term stewardship establishing for compensatory mitigation sites, 8, 168 and management, 157–158 LOPs. See Letter of permissions Los Angeles District's Proposed Guidelines for Riparian Habitat, 229 Losses, by cause and acres lost, 18 Losses of wetland area and functions. See also No-net-loss-of-wetlands goal due to agricultural uses, 57–58 due to flood-control practices, 58 due to groundwater withdrawals, 58 due to urbanization, 57 tracking, 3, 122 Ludwigia peploides, 206 LWPs. See Local watershed plans Lythrum salicaria (purple loosestrife), 30, 230M Major subordinate, commands for, 234–238 Management-oriented wetland planning, 145–146, 301 Manual. See Design reference manual Marine Protection, Research, and Sanctuaries Act, 240, 243 Massachusetts, ecological parameters in paired replacement and reference wetlands in, 116 MBRT. See Mitigation Banking Review Team Measurable performance standards, in permits, writing, 7, 122 Measured parameters, in compensatory wetland mitigation projects in California, 107 Memorandum for commanders, major subordinate commands, and district commands, April 8, 1999, 101, 234– 238 Memorandum of Agreement (MOA), 12, 65, 71, 90–92, 108, 141, 241 Memorandum of Understanding (MOU), 63, 160, 162–163 Metapopulations, 52, 301 Method for Assessment of Wetland Function (MDE method), 133 Minimization, 301 Minnesota Routine Assessment Method for Evaluating Wetland Functions 133 Mitigation, 301 approaching on a watershed scale, 4, 59 California Department of Fish and Game, South Coast Region guidelines for, 217–218 design standards for, 97–101 federal actions regarding, 61 incorporating hydrological variability into design and evaluation 5, 45 initiating, 102 permittee-responsible, 149–154 proposed, 95, 97 in regulatory program priorities, 275 relationship to permitted activities under Section 404, 88–91 required as a result of permits issued by the U.S. Army Corps of Engineers, 19 sequencing, 66 specified but not carried out, 101–103 Mitigation banking, 301 Mitigation Banking Review Team (MBRT) process under Section 404, 68–70, 82, 88, 91, 151, 160–164 Mitigation compliance, 94–122 with design standards, 97–101 keeping record of, 113–121 with permit conditions, 103–108 in planning, 95–97 and project implementation, 101–103 recommendations, 122 Mitigation Memorandum of Agreement (MOA), 12, 65, 71, 125 Mitigation monitoring, 110–112 at the Coyote Creek mitigation site, 204–207 of duration, 112–113

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Mitigation performance standards, 301 Mitigation permits, with special conditions, 101 Mitigation planning, 95–97 area to be lost and proposed mitigation, 95, 97 Mitigation projects, monitoring of, 110–112 Mitigation ratios, 108–110 and achievement rates for differentwetland types in southern California 109–110 Mitigation requirements, 61–63 defined, 15 Endangered Species Act, 62 Fish and Wildlife Coordination Act, 61 Food Security Act, 62 National Environmental Policy Act of 1969, 62 Mitigation site performance ecoregion in which a wetland occurs, 38 factors that contribute to, 35–45 hydrological regime, 35–36 kinds of animals present, 39–40 kinds of plants present, 38–39 time factors, 40–44 wetland place in the landscape, 37–38 wetland size, 36–37 Mitigation sites compared with reference sites, analyses of soil, plant, and animal communities for, 211–216 evaluating with same tools as impact sites, 7, 137 Mitigation wetlands, making self-sustaining, 4–5, 45 MOA. See Memorandum of agreement Monitoring conducting early, 128 duration of, 112–113, 205–207 frequency of, for permits that required mitigation, 111 for performance, 151–152 Monitoring reports, attempting area-based compliance with mitigation based on, 119 MOU. See Memorandum of Understanding Mycorrhizae, 302 habitat for, 32 N National Environmental Policy Act (NEPA), 248, 254, 257, 302 general mitigation requirements of, 62 National Historic Preservation Act (NHPA), 252, 257 National Marine Fisheries Service (NMFS), 62, 249 National Mining Association v. U.S. Army Corps of Engineers, 72 National Oceanic and Atmospheric Administration (NOAA), 50, 68, 70 National Pollutant Discharge Elimination System (NPDES), 302 National Research Council (NRC) Committee on Mitigating Wetland Losses, 2, 12–13, 20–21 defining wetland hydrology, 35 Nationwide permits (NWPs), 70, 76–79, 267 approach to process for, 77 listing of current, 78 Natural recruitment, seeding versus, 39 Natural Resources Conservation Service (NRCS), 50, 68, 131 Natural Resources Defense Council v. Callaway, 165 Naturally variable hydrological conditions, 125 Nature Conservancy, 87 NCWRP. See North Carolina Wetland Restoration Program NEPA. See National Environmental Policy Act New England District's Guidelines, 226– 227 NHPA. See National Historic Preservation Act Nitrate reduction, 50 NMFS. See National Marine Fisheries Service No-net-loss-of-wetlands goal, 2–3, 122–137, 168, 217 establishing watershed organizations for tracking, monitoring, and managing wetlands, 3, 168 expanding and improving quality assurance measures for data entry 3, 122 floristic approach, 129–130

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT habitat evaluation procedures and the hydrogeomorphic approach, 131– 132 HGM as a functional assessment procedure, 132–136 operational guidelines for creating or restoring wetlands that are ecologically self-sustaining, 123–128 recommendations, 136–137 and the Section 404 program, 16–20 technical approaches toward achieving, 123–137 tracking wetland area and functions lost and regained, 3, 122 wetland functional assessment, 128–129 NOAA. See National Oceanic and Atmospheric Administration Nonriverine systems, 28 Norfolk District's Guidelines, 227 North Carolina, created salt marsh constructed as a mitigation site in, 42 North Carolina Wetland Restoration Program (NCWRP), 147, 208–210 NPDES. See National Pollutant Discharge Elimination System. NRCS. See Natural Resources Conservation Service NWPs. See Nationwide permits O Observed water-table depths, compared with DRAINMOD simulated water-table depths, 55 Ohio, permit conditions and compliance for replacement wetlands investigated in, 114 Oligotrophic conditions, 26 Operational guidelines for creating or restoring wetlands that are ecologically self-sustaining, 123–128 adopting a dynamic landscape perspective, 124–125 attending to subsurface conditions, 127 avoiding overengineered structures in the wetland's design, 126 choosing wetland restoration over creation, 125–126 conducting early monitoring, 128 considering complications in degraded or disturbed sites, 128 considering the hydrogeomorphic and ecological landscape and climate 123–124 incorporating appropriate planting elevation, depth, soil type, and seasonal timing, 126–127 providing appropriately heterogeneous topography, 127 restoring or developing naturally variable hydrological conditions 125 Organizations. See Watershed organizations Out-of-kind compensation, 302 Outcomes of wetland restoration and creation, 22–45 factors that contribute to the performance of mitigation sites, 35– 45 five wetland functions, 27–34 possibility of restoring or creating wetland structure, 22–27 recommendations, 45 replaceability of wetland functions, 27 Overengineered structures, avoiding in the wetland's design, 126P Paired replacement and reference wetlands, ecological parameters in, 116 Palustrine nonriverine systems, 28 Paradise Creek, Southern California, functional equivalency for constructed salt marshes in relationship to natural sites in, 115 Parameters, measured in compensatory wetland mitigation projects in California, 107 Parametric scale, creating a continuous, 136 PC. See Prior converted cropland PCNs. See Preconstruction notifications PDNs. See Predischarge notifications Peltandra virginica, 228 Percent loss, by cause and acres lost, 18 Percent plant cover, on created or restored coastal wetlands on the Atlantic and Gulf of Mexico coasts, 41

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Performance conditions, assessing function over broad range of, 136 Performance of mitigation sites ecoregion in which a wetland occurs, 38 factors that contribute to, 35–45 hydrological regime, 35–36 kinds of animals present, 39–40 kinds of plants present, 38–39 time factors, 40–44 wetland place in the landscape, 37–38 wetland size, 36–37 Performance standards an approach to developing, 219–233 defined, 15 detailed, 104–108 in permits, writing measurable, 7, 122 from selected Section 404 permits requiring compensatory mitigation 222 for wetland creation and restoration in Section 404 permits, 219–233 Permit applications. See Processing Department of the Army permit applications Permit conditions, 150–151 and compliance for replacement wetlands investigated in Ohio, 114 compliance with, 103–108 for permittee-responsible mitigation, 153–154 Permit evaluation in processing Department of the Army permit applications, 250–253 in regulatory program priorities, 273 Permit modifications, in processing Department of the Army permit applications, 269 Permit number, compliance based on, 118 Permit process, approach to the nationwide, 77 Permit-specific mitigation, 88 Permits, percentage meeting their requirements and percentage meeting various tests of ecological functionality or viability, 117 Permits issued by the U.S. Army Corps of Engineers regulatory program, results of, 19 Permitted activities (timing), relationship to mitigation actions under Section 404, 88–91 Permittee compensation, using watershed perspective in establishing 7, 167 Permittee expectations, 149–154 initiation of compensatory mitigation projects, 150 monitoring for performance, 151–152 permit compliance conditions for permittee-responsible mitigation 153–154 permit conditions, 150–151 transfer of long-term responsibility, 152–153 Permittee-responsible compensation, enforcing clear compliance requirements for, 8, 167 Permittee-responsible mitigation, improvements in, 149–154 PGP. See Programmatic general permits Phalaris arundinacea (reed canary grass), 30, 230 Phragmites australis/communis (giant reed grass), 30, 50, 230 Planning and measuring tools for wetland function, broadening, 7, 45 Plant communities analyses of, for mitigation sites compared with reference sites, 211– 216 present in a wetland, 38–39 Plant cover, on created or restored coastal wetlands on the Atlantic and Gulf of Mexico coasts, 41 Planting. See Wetland planting Planting elevation, incorporating as appropriate, 126–127 PNs. See Public notices Poa compressa, 230 P. pratensis, 230 Pogogyne abramsii (mesa mint), 25 Policies and procedures for processing Department of the Army permit applications, 240–271 appropriate level of analysis, 404(b)(1) guidelines for, 253–254 compensatory mitigation, 265–268 complete application, 247 conditioning permits, 264–265 discretionary authority, 246 documentations, EA/SOF/guidelines compliance, 258–264 duration of permits, 268

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Endangered Species Act, 257–258 enforcement/compliance, 270 file maintenance, 270–271 forms of permits, 244–245 internal coordination, 250 jurisdiction, 242–243 permit evaluation/public hearings, 250–253 permit modifications and time extensions, 269 pre-application meetings, 246–247 preparing public notices, 249–250 project purpose, 247–249 public interest determination, 254–255 reporting, 271 scope of analysis, 241–242 Section 401 certification and coastal zone management, 255–257 wetland delineations, 244 Postinstallation review, at the Coyote Creek mitigation site, 205 Prairie potholes, 49, 58 Pre-application meetings, in processing Department of the Army permit applications, 246–247 Preconstruction notifications (PCNs), 76–77 Predischarge notifications (PDNs), 279 Prior converted cropland (PC), 302 Problems with Section 404 permits, 6–8, 45, 137, 139, 167–168 assessing wetland function using scientific procedures, 7, 136–137 broadening wetland function planning and measuring tools, 7, 45 completing compensatory mitigation before permitting activity, 7, 139, 167 designing and constructing individual compensatory mitigation sites on watershed scale, 7, 139, 167 enforce clear compliance requirements for permittee-responsible compensation 8, 167 ensuring legal and financial assurances for long-term site sustainability 7, 139, 167 establishing long-term stewardship for compensatory mitigation sites 8, 168 evaluating impact sites with same tools as mitigation sites, 7, 137 improving compliance monitoring, 8, 168 setting goals addressing both community structure and wetland functions 7, 45 using a watershed perspective in establishing permittee compensation 7, 167 writing measurable performance standards in permits, 7, 122 Procedures. See Policies and procedures for processing Department of the Army permit applications Processing of Department of the Army permit applications, 240–271 appropriate level of analysis, 404(b)(1) guidelines, 253–254 compensatory mitigation, 265–268 complete application, 247 conditioning permits, 264–265 discretionary authority, 246 documentations, EA/SOF/guidelines compliance, 258–264 duration of permits, 268 Endangered Species Act, 257–258 enforcement/compliance, 270 file maintenance, 270–271 forms of permits, 244–245 internal coordination, 250 jurisdiction, 242–243 permit evaluation/public hearings, 250–253 permit modifications and time extensions, 269 pre-application meetings, 246–247 preparing public notices, 249–250 project purpose, 247–249 public interest determination, 254–255 reporting, 271 scope of analysis, 241–242 Section 401 certification and coastalzone management, 255–257 wetland delineations, 244 Professional development, commiting funds for, 8, 168 Program administration, in regulatory program priorities, 275 Programmatic general permits (PGP), 276, 302

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Project design standard, defined, 15 Project implementation, 101–103 mitigation permit with special conditions, 101 mitigation specified but not carried out, 101–103 Project purpose, in processing Department of the Army permit applications 247–249 Proposed mitigation, area to be lost and, 95, 97 Protection-oriented wetland planning, 146, 302 Public hearings, in processing Department of the Army permit applications 250–253 Public interest determination, in processing Department of the Army permit applications, 254–255 Public Interest review, factors considered in, 292 Public notices (PNs), in processing Department of the Army permit applications, preparing, 244, 249–250 Public outreach, in regulatory program priorities, 274 Q Quality assurance measures for data entry, expanding and improving 3, 122 Quarterly Permit Data System (QPDS) definitions, 271, 276–284 enforcement/compliance workload, 282–284 evaluation days, 278–280 evaluation workload terms, 276–278 staffing, 282 workload items, 280–282 R RAMS. See Regulatory Analysis and Management System database Ranking of compliance for sites in San Francisco Bay that were issued Section 404 permits, 120 Rapid Assessment Procedure, 133 Recommendations. See also Findings for compensatory mitigation mechanisms under Section 404, 93 for institutional reforms for enhancing compensatory mitigation, 166–168 for mitigation compliance, 122 for outcomes of wetland restoration and creation, 45 for technical approaches toward achieving no-net-loss-of-wetlands goal, 136–137 for watershed setting, 59 Record keeping, 121 Reference models, evaluating biological dynamics in terms of regional 5, 45 Reference sites. See also Design reference manual compared with mitigation sites, analyses of soil, plant, and animal communities for, 211–216 Reference wetlands, paired, ecological parameters in, 116 Regained wetland area and functions, tracking, 3, 122 Regional general permits (RGP), 246, 276 Regional reference models, evaluating biological dynamics in terms of, 5, 45 Regulatory agency expectations, 154–160 agency technical capacity, 158–160 compliance inspection and enforcement, 156–157 long-term stewardship and management, 157–158 recognizing temporal lag, 155 recognizing watershed needs, 154–155 Regulatory Analysis and Management System (RAMS) database, 3, 121–122 Regulatory decision making commiting funds for staff professional development, 8, 168 developing design reference manual to ensure projects are likely to achieve permit requirements, 8, 168 encouraging states to use ecoregional perspectives in setting wetland project priorities, 9, 167 inadequate support for, 8–9, 167–168 researching long-term effects of wetland creation, enhancement, and restoration, 9, 168

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Regulatory Guidance Letters (RGLs), 67, 241 Regulatory program priorities, 272–275. See also Standard Operating Procedures (SOPs) for the Army Corps of Engineers regulatory program enforcement, 274 mitigation, 275 permit evaluation, 273 public outreach, 274 staff support/program administration, 275 watershed approaches, 273 Replacement wetlands paired, ecological parameters in, 116 permit conditions and compliance for, 114 Reporting, in processing Department of the Army permit applications 271 Required mitigation, as restoration, creation, and enhancement for permits issued under permitting programs, 96 Research, into long-term effects of wetland creation, enhancement, and restoration, 9, 168 Restoration. See Wetland restoration Review of Corps permits issued nationwide, 98 Revised Quarterly Permit Data System (QPDS) definitions, 276–284 enforcement/compliance workload, 282–284 evaluation days, 278–280 evaluation workload terms, 276–278 staffing, 282 workload items, 280–282 RGLs. See Regulatory Guidance Letters RGP. See Regional general permits RHA. See Rivers and Harbors Act of 1899 Riparian wetlands, 48 giving special attention and protection to, 5, 59 Rivers and Harbors Act of 1899 (RHA) Section 10 of, 63, 240, 243, 302 Robertson v. Methow Valley Citizens Council, 62 Rooting medium, soil in wetlands as, 32> SSalix, 32 S. interior, 230 Salt marshes, 23. See also Constructed salt marshes San Diego Bay, salt marshes constructed in, 43 Saturation, duration and timing of, 29 Schinus terebinthifolius (Brazilian pepper) deterring invasion by, 34 factors facilitating invasion of, 199–200 Scientific procedures, assessing wetland function using, 7, 136–137 Scirpus spp., 50 S. robustus, 228 SCWRP. See Southern California Wetland Recovery Project Sea-level rise, and wetlands placement, 56 Seagrasses, 23 Seasonal timing, incorporating as appropriate, 126–127 Seattle District's Guidelines for Freshwater Wetlands, 228–229 Section 401 certification, in processing Department of the Army permit applications, 255–257 Section 10 of the Rivers and Harbors Act of 1899, 302 Section 404 permits, 2, 10, 15, 73–79, 303 assessing wetland function using scientific procedures, 7, 136–137 broadening wetland function planning and measuring tools, 7, 45 compensatory mitigation mechanisms under, 82–93 completing compensatory mitigation before permitting activity, 7, 139, 167 designing and constructing individual compensatory mitigation sites on watershed scale, 7, 139, 167 enforce clear compliance requirements for permittee-responsible compensation 8, 167 ensuring legal and financial assurances for long-term site sustainability 7, 139, 167 establishing long-term stewardship for compensatory mitigation sites 8, 168

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT evaluating impact sites with same tools as mitigation sites, 7, 137 factors considered in the Effect on Wetlands reviews, 293 factors considered in the Public Interest review, 292 general permits, 76 implementing, 12 improving compliance monitoring, 8, 168 performance standards for wetland creation and restoration in, 219–233 problems with, 6–8, 45, 137, 139, 167– 168 processing flow chart for, 75 setting goals addressing both community structure and wetland functions 7, 45 standard permits, 73–74 using a watershed perspective in establishing permittee compensation 7, 167 writing measurable performance standards in permits, 7, 122 Section 404(b)(1) of the CWA, 65, 140, 303 level of analysis guidelines, in processing Department of the Army permit applications, 253–254 Sedge meadows, 23 Seed banks, soil in wetlands as, 32 Seeding, versus natural recruitment, 39 Self-design, wetland planting aiding, 39 Self-sustaining compensation projects, watershed position and, 53–57 Self-sustaining mitigation wetlands, 4–5, 45 Sequencing, 66, 303 Shrub swamps, 23 Sierra Club v. Alexander, 61 Simulated water-table depths, by DRAINMOD, compared with observed water-table depths, 55 Site review, installation and postinstallation, at the Coyote Creek mitigation site, 205 SOF. See Statement of findings Soil communities, analyses of, for mitigation sites compared with reference sites, 211–216 Soil Conservation Service. See Natural Resources Conservation Service Soil functions in wetlands, 31–34 conduit for groundwater, 32 germination medium, 32 habitat for mycorrhizae and symbiotic bacteria, 32 habitat for soil macrofauna, 32 rooting medium, 32 seed bank, 32 source of contaminants, 32 source of water and nutrients for plants, 32 water-quality functions, 32 Soil macrofauna, 303 habitat for, 32 Soil type, incorporating as appropriate, 126–127 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 12, 71 SOPs. See Standard operating procedures Source-sink, 303 Southern California Wetland Recovery Project (SCWRP), 146–147, 303 SP. See Standard permits Spartina alterniflora (smooth cordgrass), 23, 126, 228 S. foliosa, 24 S. patens, 228 Special conditions, mitigation permit with, 101 Sphagnum moss, 26 St. Paul District's Guidelines, 226 Stable-water ponds, 106 Staff support commiting funds for professional development, 8, 168 in regulatory program priorities, 275 Staffing terms, 282 Standard Operating Procedures (SOPs) for the Army Corps of Engineers regulatory program, 101–103, 148, 151, 156, 239–284 policies and procedures for processing Department of the Army permit applications, 240–271 regulatory program priorities, 272–275 revised Quarterly Permit Data System definitions, 276–284 Standard permits (SP), 73–74, 244–245 State responsibilities, support forincreased, 165–166

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT State Revolving Loan Fund, 164 State wetland programs encouraging use of ecoregional perspectives in setting project priorities 9, 167 expanding to fill gaps in federal wetland program, 9, 168 Statement of findings (SOF), 245, 258 Stewardship requirements, under Section 404, 91–92 Stream order, 47 Subordinates, commands for, 234–238 Subsurface conditions, attending to, 127 Success criteria at the Coyote Creek mitigation site long-term, 205 short-term, 204–205 Support for increased state responsibilities, 165– 166 for regulatory decision making, 8–9, 167–168 of vegetation by wetlands, 30–31 Swampbuster program, 17, 303 Symbiotic bacteria, habitat for, 32 T Taxonomy of compensatory mitigation mechanisms, 84 under Section 404, 92 Technical approaches toward achieving no-net-loss-of-wetlands goal 123–137 floristic approach, 129–130 habitat evaluation procedures and the hydrogeomorphic approach, 131– 132 HGM as a functional assessment procedure, 132–136 operational guidelines for creating or restoring wetlands that are ecologically self-sustaining, 123–128 recommendations, 136–137 wetland functional assessment, 128–129 Temporal lag, recognizing, 155 Terminology, 13–16 compensatory mitigation projects, 14 constructed wetlands, 13 functional assessment methods, 14 legal compliance, 15 mitigation requirements, 15 performance standard, 15 project design standard, 15 treatment wetlands, 13 watersheds, 15 wetland creation, 13 wetland enhancement, 13 wetland functions, 14 wetland preservation, 13–14 wetland restoration, 13 wetland structure, 14–15 wetland types, 14–15 wetlands, 13 Thalassia testudinum, 24 Third-party compensation approaches advantages of, 9, 93, 168 expanding state wetland programs to fill gaps in federal wetland program, 9, 168 guidelines for implementing compensatory mitigation, 9, 93 guidelines for modifying institutional systems for, 9, 168 Third-party mitigation, 160–164 33 CM 331, 299 Time factors extensions in processing Department of the Army permit applications 269 in wetland restoration and creation, 40– 44 Timing incorporating appropriate seasonal, 126–127 of inundation or saturation, 29 toward equivalency for soil, plant, and animal components in wetland restoration projects compared with that of natural reference wetlands 42 Topography, providing appropriately heterogeneous, 127 Topography-based flow models, 49 Tracking wetland area and functions lost and regained, 3, 122 Transportation Equity Act, 69 Treatment wetlands, defined, 13 Typha spp. (cattails), 30, 50, 230 T. augustifolia, 228 T. domingensis, 30

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT U Unified Federal Policy for Ensuring a Watershed Approach to Federal Land and Resource Management, 140 United States v. Riverside Bayview Homes, Inc., 11 United States v. Wilson, 165 Urbanization, wetland losses due to, 57 U.S. Army Corps of Engineers (USACE), 1, 7–9, 60–77, 80–81, 125 enforcement chart for inspection and noncompliance, 81 Headquarters, Operations, Construction, and Readiness Division, 19, 83 policies and procedures for processing Department of the Army permit applications, 240–271 Regulatory Analysis and Management System (RAMS) database, 3 regulatory program priorities, 272–275 results of permits issued by, 19 revised Quarterly Permit Data System (QPDS) definitions, 276–284 Standard Operating Procedures (SOPs) for the regulatory program, 239–284 Wetland Delineation Manual, 29, 227 U.S. Department of Agriculture (USDA) Natural Resources Conservation Service, 50 Swampbuster program, 17, 303 U.S. Environmental Protection Agency (EPA), 2, 9, 65–72, 83, 108, 125, 243 Interagency Wetland Plan, 146 U.S. Fish and Wildlife Service (USFWS), 3, 16–18, 20, 62, 249, 257–258 wetland classification system of, 14, 133 U.S. Geological Survey (USGS), 48 U.S. Supreme Court, 11, 71 Values considered in Section 404 permit reviews, 292–293 V Vernal pools, 25 Viability, percentage of permits meeting various tests of, 117 W Washington State Department of Transportation, 230–231 Water and nutrients for plants, from soil in wetlands, 32 Water quality effect of wetland function and position in the watershed on, 49–51 function of soil in wetlands, 32 improving in wetlands, 29–30 Water Quality Certification (WQC), 255– 256 Water Science and Technology Board, 20 Water-table depths, comparison between observed and DRAINMOD simulated 55 Water-table position and duration of root zone saturation for wetland site that satisfies the jurisdictional hydrology criteria, 105 Watershed approach, 15, 46–59, 303 advantages of, 3–5, 45, 59 approaching wetland conservation and mitigation on a watershed scale 4, 59 avoiding wetlands that are difficult or impossible to restore, 4, 45 basing wetland restoration and creation on broad range of sites, 5, 45 evaluating biological dynamics in terms of regional reference models 5, 45 giving special attention and protection to riparian wetlands, 5, 59 implications of, 141–144 incorporating hydrological variability into wetland mitigation design and evaluation, 5, 45 making all mitigation wetlands self-sustaining, 4–5, 45 recommendations, 59 in regulatory program priorities, 273 watershed organization and landscape function, 46–47 watershed template for wetland restoration and conservation, 58–59 wetland function and position in the watershed, 47–57 Watershed approach to compensatory mitigation, 140–149 compensation wetland planning, 146–147

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT implications of the watershed approach, 141–144 management-oriented wetland planning, 145–146 protection-oriented wetland planning, 146 Watershed needs, recognizing, 154–155 Watershed organizations, for tracking, monitoring, and managing wetlands 3, 168 Watershed-scale perspective, 57–58 designing and constructing individual compensatory mitigation sites on, 7, 139, 167 on losses due to agricultural uses, 57–58 on losses due to groundwater withdrawals, 58 on losses due to urbanization, 57 using in establishing permittee compensation, 7, 167 on wetland losses due to flood-control practices, 58 Wegener Ring, 40 Western Washington, analyses of compliance for 17 mitigation projects with field investigation in, 120 Wet meadows, 23 Wet prairies, 23 Wetland area, anticipated gain as a result of permits issued by the U.S. Army Corps of Engineers, 19 Wetland biodiversity, amphibians a major component of, 40 Wetland classification system, of the U.S. Fish and Wildlife Service 14, 133 Wetland conservation, approaching on a watershed scale, 4, 59 Wetland creation, 303 defined, 13 research into long-term effects of, 9, 168 Wetland credits, 67 Wetland Delineation Manual, 29, 227 Wetland enhancement, 303 defined, 13 research into long-term effects of, 9, 168 Wetland functions, 12, 27–34 assessing using scientific procedures, 7, 136–137 broadening planning and measuring tools, 7, 45 considered in Section 404 permit reviews, 292–293 defined, 14 effect on hydrology, 48–49 effect on water quality, 49–51 groundwater recharge, 12, 27–29 habitat support for fauna, 31 hydrological function, 28–29 and position in the watershed, 47–57 provision of a unique environment, 12, 27 replaceability of, 27 setting goals addressing, 7, 45 shoreline stabilization, 12 soil functions, 31–34 support of vegetation, 30–31 water-quality improvement, 12, 27, 29–30 water retention, 12 watershed position and self-sustaining compensation projects, 53–57 wetlands as animal dispersal corridors in watersheds, 51–53 Wetland hydrology, NRC definition of, 35 Wetland mitigation. See Mitigation Wetland permits, 60–81 Clean Water Act and the goal of no-net-loss-of-wetlands, 70–73 data on implementation, compliance, ecological success, and monitoring frequency, 121 evolution of compensatory mitigation requirements in the Section 404 program, 60 federal actions regarding, 61 general Corps mitigation requirements, 63–64 general mitigation requirements, 61–63 in-lieu fees, 69–70 inspection and enforcement, 80 mitigation banking, 67–69 Section 404 mitigation requirements, 64–67 Section 404 permit process, 73–79 Wetland planning management-oriented, 145–146 protection-oriented, 146 Wetland planting, aiding self-design, 39 Wetland preservation, 304 defined, 13–14

OCR for page 305
COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT Wetland processes, reliable indicators of, 136 Wetland programs. See Federal wetland program; State wetland programs Wetland restoration, 22–27, 304. See also Mitigation basing on broad range of sites, 5, 45 choosing over creation, 125–126 defined, 13 factors that contribute to the performance of mitigation sites, 35– 45 outcomes of, 22–45 possibility of restoring or creating wetland structure, 22–27 recommendations, 45 replaceability of wetland functions, 27 research into long-term effects of, 9, 168 site in Craven County, N.C., 55 types that are difficult to restore, 24–27 types that have been restored, 22–24 Wetland Restoration Fund (WRF), 209, 304 Wetland types bogs, 26–27 defined, 14–15 fens, 25–26 forested wetlands, 23 freshwater emergent marshes, 22–23 herbaceous wetlands, 22–23 salt marshes, 23 seagrasses, 23 sedge meadows, 23 shrub swamps, 23 that are difficult to restore or create, 24– 27 that have been restored and created, 22–24 used in processing Department of theArmy permit applications, 244 vernal pools, 25 wet meadows, 23 wet prairies, 23 Wetlands, 303. See also Coastal wetlands; Constructed wetlands; Creation of wetlands; Cropped wetlands; Ephemeral wetlands; Forested wetlands; Herbaceous wetlands; Mitigation wetlands; No-net-loss-of-wetlands goal; Reference wetlands; Regained wetland area and functions; Replacement wetlands; Riparian wetlands; Treatment wetlands defined, 13 giving special attention and protection to riparian, 5, 59 losses due to agricultural uses, 57–58 losses due to flood-control practices, 58 losses due to groundwater withdrawals, 58 losses due to urbanization, 57 losses of, 17 paired replacement and reference, ecological parameters in, 116 place in the landscape, 37–38 size of, 36–37 structure of, 14–15 that are difficult or impossible to restore, avoiding, 4, 45 Wetlands placement, sea-level rise and, 56 Wetlands restoration fund (WRF), 147 Workload terms, 280–282 compliance, 282–284 enforcement, 282–284 evaluation, 276–278 WQC. See Water Quality Certification WRF. See Wetland Restoration Fund; Wetlands restoration fund Writing measurable performance standards, in permits, 7, 122 Y Year-to-year variation in the longest period that wetland hydrological criteria are satisfied 107 in water-table depth and duration of root zone saturation, 106 Z Zabel v. Tabb, 62 Zostera marina (eelgrass), 23