Environmental Consultants BMI Environmental Services, LLC AN OVERVIEW OF THE WETLANDS REGULATORY PROCESS AS IT RELATES TO THE PROPOSED OCEAN SPRINGS HIGH SCHOOL PROJECT A brief overview of the definitions, regulations and the project specifications for the proposed Ocean Springs High School

Environmental Consultants BMI Environmental Services, LLC AN OVERIVEW OF THE WETLANDS What they are, why they are important, and how they are defined, and regulated.

WETLANDS DEFINITIONS...lowlands covered with shallow and sometimes temporary or intermittent waters. They are referred to by such names as marshes, swamps, bogs, wet meadows, potholes, sloughs, and river over-flow lands. (USFWS Circular 39, 1956) …land that is too wet to plow…too dry to float a boat (“Oldtimer”, circa 1900’s) BMI Environmental Services, LLC Environmental Consultants

BMI Environmental Services, LLC … those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and 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 (EPA Reg. 40 CFR 230.3). FEDERAL DEFINITION OF WETLANDS

Environmental Consultants BMI Environmental Services, LLC TYPES OF WETLANDS Wetlands are found in all 50 states of the U.S. in various forms Wetlands characteristics depend on location and exposure to various environmental conditions USFWS publication “ Classification of Wetlands and Deepwater Habitats of the U.S.” describes wetlands by habitat type

Environmental Consultants BMI Environmental Services, LLC WETLANDS DELINEATION PROCESS 1987 Federal Manual for Delineating Wetlands Three Parameter Approach Requires Field Inspection Must Be Confirmed by COE

Environmental Consultants BMI Environmental Services, LLC THREE PARAMETER APPROACH Soils - Hydric Soils Vegetation - Adapted for Growth in Saturated Soils Hydrology - Surface or Subsurface

Environmental Consultants BMI Environmental Services, LLC HYDRIC SOILS PARAMETER Listed on the Hydric Soils List by the NRCS Develop anaerobic conditions as evidenced by “low chroma” soil colors with “redoximorphic features

Environmental Consultants BMI Environmental Services, LLC HYDROPHYTIC VEGETATIVE PARAMETER Plants listed on the USFWS “Hydrophytic Plant List” Plants with adaptations for growing in saturated soil conditions

Environmental Consultants BMI Environmental Services, LLC HYDORLOGY PARAMETER Saturated soil conditions for at least 5% of the time during the growing season in most years Hydrology from surface or subsurface sources or a combination of both

Environmental Consultants BMI Environmental Services, LLC CURRENT VIEWS OF WETLANDS Currently viewed as… highly productive ecosystems that provide food and habitat for commercially and recreationally important fish and wildlife Executive Order “No Net Loss of Wetlands”

Environmental Consultants BMI Environmental Services, LLC WETLANDS REGULATIONS Federal Regulations Section 10 R & H Act 404 CWA State Regulations Coastal Wetlands Protection Law Mississippi Coastal Program 401 Water Quality Certification

Environmental Consultants BMI Environmental Services, LLC SECTION 404 OF CWA Regulates the discharge of dredged and fill material into wetlands and waters of the U.S. Administered by Corps of Engineers Oversight by Environmental Protection Agency

Environmental Consultants BMI Environmental Services, LLC WETLANDS PERMIT PROCESS Days Corps of Engineers is Lead Agency Evaluate Project Impacts and Alternatives Decision Based on Public Interest Benefits 90 Day Process MDMR is Lead Agency Evaluate Project Impacts Based on MCP Decision Factors Decision Based on Public Policy of Wetlands Protection

Environmental Consultants BMI Environmental Services, LLC FEDERAL DECISION FACTORS Sequenced Decision Making Avoidance Minimization Compensatory Mitigation Water Dependency Alternatives Analysis

Environmental Consultants BMI Environmental Services, LLC REGULATORY AGENCIES Federal Agencies Corps of Engineers U.S. Fish & Wildlife Serves National Marine Fisheries Service Environmental Protection Agency State Agencies Department of Marine Resources Department of Environmental Quality Department of Wildlife Fisheries and Parks Department of Archives and History

Environmental Consultants BMI Environmental Services, LLC OTHER REGULATORY FACTORS Cultural Resources Endangered Species Act Floodways/Flood Zones

Environmental Consultants BMI Environmental Services, LLC WETLANDS MITIGAITON Compensatory mitigation to reduce unavoidable impacts to wetlands On-site and off-site opportunities for mitigation Mitigation banking

Environmental Consultants BMI Environmental Services, LLC WETLANDS EVALUTION PROCEDURES COE is developing a Hydrogeomorphic Classification system Assess functional value of the specific wetlands Will be used to determine project impacts and mitigation requirements

Environmental Consultants BMI Environmental Services, LLC PROPOSED OCEAN SPRINGS HIGH SCHOOL Old Spanish Trail

Environmental Consultants BMI Environmental Services, LLC WETLAND DELINEATION 101 Acre Site 78 Acres of Wetlands 23 Acres of Uplands Jones Tract 60.5 Acre Site 48 Acres of Wetlands OSSD Tract 40.5 Acres 30 Acres of Wetlands

Environmental Consultants BMI Environmental Services, LLC PROJECT STATUS Permit application prepared Public Notice posted to COE website Deadline for Comments May 7, 2009 A mitigation plan has been discussed and will be finalized by April 21, 2009

Environmental Consultants BMI Environmental Services, LLC MITIGATION OPTION #1 Preserve 55 acres to obtain approximately 9 acres of credit (6:1 Ratio) Purchase 40 credits

Environmental Consultants BMI Environmental Services, LLC MITIGATION OPTION #2 Preserve 35 acres to obtain approximately 5.83 acres of credit (6:1 Ratio) Purchase 50.8 credits

Environmental Consultants BMI Environmental Services, LLC MITIGATION OPTION #3 Preserve 25 acres to obtain approximately 4.17 acres of credit (6:1 Ratio) Purchase 55 credits

Environmental Consultants BMI Environmental Services, LLC MITIGATION OPTIONS Possible Mitigation Options OSSD Proposed Ocean Springs High School MITIGATION OPTION #1 MITIGATION OPTION #2 MITIGATION OPTION #3 55 Acres Preservation Mitigation 35 Acres Preservation Mitigation; 20 Acre Set Aside for school expansion 25 Acre Preservation Mitigation; 20 Acre Set Aside for school expansion; 10 Acre set Aside for possible sale Impacts to Low Quality Wetlands1.41 Ac Impacts to Medium Quality Wetlands21.59 Ac Preservation Mitigation55 Ac35 Ac25 Ac Preservation Mitigation Acre Credit (6:1 Ratio)9.17 Ac5.83 Ac4.17 Ac Remaining Medium Quality Wetland Impacts to be mitigated12.42 Ac15.76 Ac17.42 Ac Low Quality Mitigation Credits to purchase (2:1 Ratio)2.82 Med Quality Mitigation Credits to Purchase (3:1 Ratio) Total Credits to purchase Estimated Cost ($10,200.00/credit)$408,816$511,020$561,816