WETLANDS and ODOT Environmental Services Oregon Department of Transportation

Resource Description What are Wetlands? Why are Wetlands important to the public? Why are Wetlands important to ODOT?

What is a wetland? A wetland is a water resource that has three characteristics: Wetland hydrology - Water that is present in depths less than 6 ft., or soils are saturated, for 10 days or more during the growing season for the prevalent vegetation; Hydric soils - Soils with physical and chemical characteristics that are associated with lack of oxygen in the soil; Hydrophytic vegetation - Vegetation uniquely suited for growing in water or saturated soil conditions

Why are Wetlands Important to the Public? Wetlands perform functions that are uniquely valuable, and cannot be replicated once lost or affected, except by other wetlands.

Wetland Functions...

Wetland Functions...

Wetland Functions...

Wetland Functions...

Wetland Functions...

Why are Wetland Resources important to ODOT? 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 Information about wetland resource laws and regulations can be found on the Environmental Services website - FOR MORE INFO...

Federal and State Regulations FEDERAL STATE OF OREGON Clean Water ActFill and Removal Law Regulatory authority through Regulatory authority the Environmental Protection through the Division of Agency State Lands Implementation Implementation Army Corps of Engineers Division of State Lands Section 404 Permit Fill and Removal Permit

Permits and Minimum Thresholds Division of State Lands 50 cu. yds. of fill in regulatory wetland or within state waterway Army Corps of Engineers (404 Permit) No minimum threshold for fill in regulatory wetland

Army Corps of Engineers Permits Army Corps of Engineers (404 Permit) Individual Permit: For projects with more than 0.5 ac of fill - Allow at least 3 months for public review General Authorization: For projects with less than 0.5 ac of fill; Nationwide Permit: For projects with very small amounts of impacts to wetlands - Can act as FEDERAL NEXUS for ESA issues

Local Regulations Statewide Planning Goals County Comprehensive Plans City Comprehensive Plans Special Districts - such as the Columbia River National Scenic Area

What does this mean for 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 projects affected? If wetlands will be impacted by a highway/transportation project or activity, it may affect: Project design Project development timelines Project development costs Construction costs Maintenance budgets

“Water Resource” Permits and Their Requirements: Section 404 Permit DSL Permit Both permits require that: First:Wetland resources must be avoided if at all possible; Second: Unavoidable impacts must be minimized; Third: Impacted wetland values must be replaced, usually through mitigation.

Permit Requirements Avoidance and Minimization Measures: –Alignment modification/adjustment –Use of bridges, retaining walls, steepened slopes for project – Limits of construction/fenced project wetland areas

Permit Requirements Replacement of lost or affected wetland values by: –Restoration of pre-existing wetlands –Construction of new wetlands –Enhancement of existing wetlands

Statutory Requirements for 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 Mitigation Project Design Phase: 1.Review mitigation possibilities 2.Determine appropriate mitigation approach

Wetland 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 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 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 Payment-to-Provide: This option mitigates for wetland loss by ODOT making a payment to a wetland project, generally not sponsored by ODOT, 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 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 by 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 by 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 by 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 by 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: Additional Considerations Federal 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: Wetlands are valuable resources protected by both federal and state laws. Compliance with these laws requires a substantial investment of ODOT resources. ODOT has 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.