Compensating for Wetland Losses Under the Clean Water Act (2001) / Chapter Skim
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Appendix E: Examples of Performance Standards for Wetland Creation and Restoration in Section 404 Permits and an Approach to Developing Performance Standards
Appendix E: Examples of Performance Standards for Wetland Creation and Restoration in Section 404 Permits and an Approach to Developing Performance Standards
Pages 219-233
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From page 219... ...
Appendix ~ Examples of Performance Standards for Abound Creation and Restoration in Sechon 404 Permits and an Approach to Developing Performance Standards
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Performance standards, in the context of this technical note, are observable or measurable attributes that can be used to determine if a compensatory mitigation project meets its objectives. Performance standards are frequently called "success criteria" but may also be known by other names, such as "success standards" or "release criteria." Individual Section 404 permits provide both general and special conditions regarding permitted activities.
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From page 221... ...
Although many authors have offered opinions regarding the cause of poor structural and functional replacement, few authors have attempted to relate performance standards required by permits with results of post hoc studies comparing compensatory mitigation wetlands and natural reference wetlands. There is a clear need for studies designed to fink performance standards required by permits with the ability of created or restored wetlands to replace lost wetland structure and functions.
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From page 222... ...
and Myriophyllum spicatum, and with less than 5% cover by 28 noxious or invasive species (noxious and exotic species are listed in permit) 85% of the site vegetated by the planted species and/or naturally regenerated vegetation approved by regulatory agencies 80% wetland vegetation cover in herbaceous wetlands and 80% survival of planted stock in scrub-shrub wetlands, as measured using an approved method Sustain 85% or greater cover by obligate and/or facultative wetland plant species; less than 10% cover by nuisance plant species; "proper hydrological condition" 85% areal cover by planted herbaceous species and 75% areal cover by planted woody species; specifically prohibits open water ponds 3 years, after which natural regeneration is relied upon 3-year minimum, with 75% survival for 2 years following any replanting 3 years following completion of construction 5-year endpoint Not specified 5 years, with requirement for contingency plan after 3 years if performance standards are not achieved and requirement for ongoing monitoring after 5 years if performance standards are not met 2 years, with provision for replanting if areal cover requirements are not achieved Mississippi/ bottomiand hardwoods/ 1997 Alabama/ salt marsh/ 1985 Massachusetts/ cranberry bog and shrub swamp/ 1 998 Maryland/ forested wetland/ 1 996 Idaho/ herbaceous and scrub-shrub wetlands/ 1995 Florida/ forested and herbaceous wetlands/ 1991 Maryland/ forested and emergent freshwater wetland/ 1990 Restoration of 2.1 7 acres Creation of 40 acres Creation of 2.8 acres and enhancement of 1.1 acres Restoration of 850 linear feet of stream banks Creation of 8 acres Creation of 1 1.8 acres forested wetlands and 10.1 acres herbaceous wetlands Creation of 5.09 acres palustrine forested wetlands and 0.66 acre palustrine emergent and scrub-shrub wetlands ~ Projects were selected to offer examples of a range of performance standards required by Section 404 permits.
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From page 223... ...
Herbaceous zones will have 80% cover with 50% or more cover by species listed as FAC or wetter, with plants rooted for at least 12 months, with plants showing natural reproduction, and with no species other than sawgrass constituting more than 30% cover; forested zones to have a minimum density of 400 live trees per acre with natural reproduction and at least 50% cover by species listed FAC or wetter with no one species contributing greater than 30% of the species represented; cattail, primrose willow, Brazilian pepper, punk trees, Australian pine, and other exotic vegetation limited to 10% or less of total cover; muck layer in "Area C" must average at least 6 in. in depth at the end of 25 years; all conditions must be met without intervention in the form or irrigation, planting, or plant removal for 3 consecutive years in herbaceous wetlands and 5 consecutive years in forested wetlands Emergent and aquatic bed portions of mitigation site not to be inundated with salt or brackish water; less than 10% cover by invasive species during any monitoring event; staged vegetation requirements as follows: Year 1: 100% survival of planted stock, 50% cover in emergent areas Year 2: 80% survival by planted stock, 20% cover by native shrub species, 70% cover in emergent areas Year 3: 70% survival and 40% cover by native shrub species, 80% cover in emergent areas Year 5: 60% cover by native shrub species, 100% cover in emergent areas 80% survival of planted stock each year; at least 50% native perennials by end of year 5; staged vegetation percent cover requirements for wet-mesic meadow / shallow marsh / "no planting zone" (used to experimentally assess natural recruitment)
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From page 224... ...
Example Number 13 14 15 16 17 18 19 APPENDIX E WRP Technical Note WG-RS-3.3 January 1999 Performance Standards Permanently vegetated stand over 85% of disturbed area after first growing season (replacement of dead plants required) ; documentation of saturated soil; documentation of tidal hydrology; no Phragmites infestation; documentation of "animal use" for portion of site Must meet the regulatory definition of wetlands, and water within the mitigation area should function "as the intended type of water of the United States" Must meet the regulatory definition of wetlands; specified portions of the mitigation area must meet the definitions of palustrine forested, palustrine scrub-shrub, and palustrine emergent wetland types as per the document Classification of Wetlands and Deepwater Habitats of the United States; cover by hydrophytic plants ("those with a regional indicator status of FAC, FAC+, FACW+/-, or OBL")
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From page 225... ...
, will be less than 5% after 5 years; visual observations of inundation, soil saturation within 12 in. of the soil surface, water marks, drift lines, sediment deposits, and drainage patterns will indicate that the site is as wet or wetter than a nearby reference site; over time, there will be an increase in the numbers and kinds of riparian obligate bird species relative to the numbers and kinds of generalist bird species; 0.23 stems of woody vegetation me unless deviation from this density appears to be caused by natural phenomena, the results of which are also apparent at a reference site; 75% cover by native riparian scrub species including herbaceous and shrub strata; evidence of natural seedling recruitment; within 5 years, the mitigation wetland must show conditions similar to pre-impact conditions at the site to be impacted by permitted activities on the basis of narrative descriptions that characterize 14 variables described in the sixth draft Model for the Santa Marganta River Watershed—these variables, which are part of a hydrogeomorphic (HGM)
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From page 226... ...
The report notes that "Lack of specific requirements for measuring the success of compensatory mitigation was one of the most notable deficiencies of past permits." The report also notes that up to 50 years may be necessary to determine success of some systems, but that this is not feasible for most projects, and that fair evaluation of performance standards for herbaceous wetlands may require less time than evaluation of performance standards for shrub or forested wetlands. Comparison to a reference wetland is advocated as a means of determining success of compensatory mitigation wetlands, as is use of performance standards with predetermined levels of vegetation cover, such as "80 percent survival of planted shrubs after 3 years, or 75 percent of the mitigation site must be vegetated by the end of the second growing season." New England District's Guidelines.
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From page 227... ...
The document stresses the need for flexibility: "This guidance is intended to be flexible; it is the decision of project managers and their supervisors whether any condition is appropriate for a particular wetland construction project." Point 6 of the document lists performance standards, or "performance criteria." These performance standards include: a. Hydrology must meet the criteria for a wetland as per the Corps of Engineers Wetlands Delineation Manual, with growing season specified.
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c. Eighty-five percent cover by emergent wetland species with a minimum stem density of 43,650 living stems per acre by the fifth growing season.
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The decision to use HGM in performance standards resulted from studies suggesting that compensatory wetlands could meet performance standards required by earlier guidelines even though they "were unsuccessful at restoration or creation of fully functional, riparian habitat." The philosophy behind the HGM approach is described in Smith et al.
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From page 230... ...
." A goal is a broad statement about a project's intended outcomes, objectives are more specific statements about intended outcomes, performance objectives are the subset of objectives that will be considered in evaluating the project, and performance standards are observable or measurable attributes linked to performance objectives. For example, a goal might be restoration of 10 acres of scrub-shrub wetland.
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Usually it takes only a few performance objectives to adequately do this." DEVELOPING OR REVISING PERFORMANCE STANDARDS: To streamline the Section 404 permitting process, regulatory staff should tee provided with performance standard guidelines or templates listing minimum performance standards for various wetland types. While guidelines could help regulators prepare performance standards for permit special conditions, templates could be inserted directly into permit special conditions and be altered as needed to fit specific situations.
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In general, performance standard guidelines should be no more than one or two pages in length, and templates listing minimum performance standards may be as short as one page.
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. "An approach for assessing wetland functions using hydrogeomorphic classification, reference wetlands, and functional indices," Technical Report WRP-DE-9 U.S.
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