1. Stream Mitigation and the Clean Water Act Sec
Stream Mitigation and the Clean Water Act Sec. 401 and 404: Midwest Status

2. Federal Jurisdictional Authority
Section 10 of the River and Harbor Act of 1899
“Navigable waters and their tributaries”
Section 404 of the Clean Water Act
“Waters of the US”
Code of Federal Regulations (CFR) 33 part published April 10, 2008

3. Federal Guidelines For Mitigation
Emphasizes watershed approach to mitigation
Requires measurable and enforceable performance standards
Requires regular monitoring for all types of compensation/mitigation
Requires financial assurance and identification of responsible parties for long term protection
Establishes a preference for the use of mitigation bank credits (wetlands and streams)

4. State Authority
Section 303 of The Clean Water Act requires all states to have water quality standards for surface waters (e.g., streams, lakes, wetlands)
Section 401 of The Clean Water Act
Federal Permit or license requires State Water Quality Certification (WQC)
WQC certifies the project does not violate State Water Quality Standards
Mitigation can be required by state to meet water quality standards and Corps must include as a condition of Federal Permit

5. Stream Mitigation in Kentucky
In 2000 the legislature passed KSR which established:
- Wetland and stream mitigation fund through KDFWR (an in-lieu fee program)
- Northern Kentucky University (in-lieu fee program)
- Metropolitan Sewer District Jefferson County (in-lieu fee program)
On site (applicant based mitigation)
Mitigation Review Team (MRT) – EPA, Corps, KDFWR, KDOW, USFWS
- defines conditions under which in-lieu-fees may be used
- review and approves individual mitigation projects
- provides annual reviews of completed and on-going projects

6. Kentucky Stream Mitigation Guidelines
Draft published in 2002
- Established criteria for when mitigation necessary
- Required data to support relocation projects
- Established criteria for stream relocation design
- Established physical monitoring requirements
- Required Biological monitoring
- Described acceptable mitigation types
- Provided draft guidance for credit calculations

7. Kentucky Draft Guidelines (cont
Kentucky Draft Guidelines (cont.) Criteria for when mitigation necessary
Requires mitigation for losses over 200 ft.
Defines Waters of the Commonwealth as dashed or solid blue lines on recent USGS topographic maps.
Partial losses of in-stream habitat, channel armoring, channel widening and deepening, as well as relocations that do not utilize Natural Channel Design principles also require compensation
Establishes “no permanent impact” policy on Outstanding State And National Resource Waters, exceptional Waters, or Coldwater Aquatic Habitat. Any impacts to these waters require individual 401 Certification.

8. Kentucky Draft Guidelines (cont.) Required supporting data
Fluvial geomorphic principled design
Includes stable planform and profile
Appropriate in-stream structure
Minimum 25 ft. riparian buffer each side
Reference reach if existing channel not stable
All project information and Level II Rosgen data collection and analysis
Technical information on structure(s) to be installed, riparian vegetation, mitigation monitoring & schedule

9. Kentucky Draft Guidelines (cont
Kentucky Draft Guidelines (cont.) General criteria for stream relocation projects
Stream relocation implemented according to plans unless prior approval by KDFWR
Widening of channel cross section above bankfull only, widening of floodprone area encouraged
Revegetation required from bankfull elevation to 25 feet from stream (minimum)
4 native shrub/tree 300 live stems per acre required after 3 years

10. Kentucky Draft Guidelines (cont.) Physical monitoring requirements
Relocation monitoring required for 3-8 years with annual reports, enhancement monitoring less (not defined)
As-built survey (channel slope, valley slope, bankfull, cross sections, plan view, monuments)
Permanent photographic stations
Riffle and channel pebble counts
Bar samples
Vegetative monitoring
Habitat assessment

11. Kentucky Draft Guidelines (cont.) Required biological monitoring
Use 2008 KDOW “Methods for Assessing Biological integrity of surface waters”
Site Characteristics (particle size, morphology, canopy cover)
Physiochemical monitoring
Habitat assessment
Algae
Phytoplankton
Macroinvertebrates (may include mussels)
Fish community
Contaminant analysis

12. Kentucky Draft Guidelines (cont
Kentucky Draft Guidelines (cont.) compensatory guidelines (credit calculations)
Linear distance of loss = credits required
Daylighting + full restoration = 1 credit/ft
Daylighting + enhancement = 0.8 credits/ft
Full scale restoration = 0.8 credits/ft
Stream enhancement = credits/ft (riparian, bank stabilization, in-channel work each)
Preservation = 0.1 credit/ft

14. Ohio Stream Mitigation Status
Authority: Ohio Water Quality Standards chapter 3745 and 6111 of the Ohio Revised Code
Ohio EPA is lead agency
Guidelines under development since 2004
Draft rules circulated in 2006
PHWH use designations added 2008
(PHWH = Primary Headwater Habitat)
Stakeholder group meeting Sept. 2009

15. Ohio Stream Mitigation Beneficial use designations
CWH – Cold Water Habitat
SSH – Seasonal Salmonid Habitat
EWM – Exceptional Warmwater Habitat
WWH – Warmwater Habitat
LWH – Limited Warmwater Habitat
LRW – Limited Resource Water
PHWH – Primary Headwater Habitat

16. Ohio Stream Mitigation Proposed tiered mitigation approach
Impacted stream = LRW, LWH, Class I modified PHWH, Class 1 PHWH: no weighting factor for mitigation, requires protection of downstream uses (1:1).
Impacted stream = MWH or Class II PHWH: requires relocation project to protect in-stream and downstream uses without a weighting factor or requires simple weighting factor of 3 times LF of impact (2x if impact site was previously modified) for off site mitigation.
All other stream types (high quality) detailed weighting factor applied to impact site (next slide).

17. Ohio Draft Weighting Factors for Stream impacts and proposed mitigation

18. Ohio Stream Mitigation Proposed Mitigation Categories
LRW
(most)
Modified PHWH
Class I and II
Class I PHWH
LRW acid mine
Drainage with
QHEI > 45
LWH
Class II PHWH
MWH
WWH
CWH
Class III PHWH
WWH= OSW,
SHQW, ONRW
EWH
CWH + native fauna
Stream
Type
Onsite
floodprone
area
replacement
or offsite
mitigation
Onsite relocation
according to
protective
criteria or offsite
mitigation for
floodprone area
Debit-Credit
model used
to calculate
mitigation
requirements
No impacts w/o
socio-economic
justification and
max. avoidance,
otherwise debit-credit
calculation applies
Mitigation
requirement

19. Ohio Stream Mitigation
Stream Credit-Debit Summary Sheet (draft)
On site web tool (draft)

21. Indiana – coming Soon… No published guidelines for stream mitigation
Three Corps Districts and IDEM to develop
Louisville District Corps is lead
First meeting held in October 2009
Which state guidelines should Indiana mimic?

22. Mitigation Components
Channel Stability Measurements
Channel classification (valley & stream type)
Channel morphology (channel evolution)
Riparian Vegetation (diversity & density)
Aquatic life (diversity, density, native)
Invasive non-native species presence

23. What is a Stable Channel*?
Dimension: depth and width of bankfull channel, and floodprone area
Pattern: meander width, length, and curvature of bends
Profile: slope, riffle-run-pool-glide sequence and spacing
*IN THE PRESENT CLIMATIC CONDITIONS

24. Dimension: depth and width of bankfull channel, and floodprone area
Pattern: meander width, length, and curvature of bends
Profile: slope, riffle-run-pool-glide sequence and spacing

25. Dynamic Equilibrium
Stable Channels Have a Pattern, Profile, and Dimension All in Stable Equilibrium

26. Channel Evolution Models
Schumm, Harvey, and Watson Incised channels: Morphology, dynamics and control
Type 1 – Initial Channel condition (stable?)
Type II – Channel incision and entrenchment > stream power
Type III – Channel widening, less depth and stream power
Type IV – Aggradation and building of new floodplain
Type V – Return to stable dimension, pattern, and profile
Simon and Hupp
Stage 1 – Pre-modified stable channel
Stage 2 – Constructed (u-shaped) channel
Stage 3 – Degradation (downcutting)
Stage 4 – Channel widening and further degradation
Stage 5 – Aggradation associated with continued widening
Stage 6 – Channel Equilibrium (stable dimension, pattern & profile)

27. Schumm Simon

28. Rosgen Channel Classification
Dr. David Rosgen Applied River Morphology
Based on objective measurable stream characteristics for the primary purpose of providing a consistent frame of reference.
Level I - Geomorphic Characterization: considers geology, Valley slope/sinuosity, meander width, channel shape, channel patterns (stream types A-G)
Level II - Morphological Description: considers entrenchment ratio, width/depth ratio, channel slope and sinuosity, and bed materials (modifiers 1-6)
Level III - Stream Condition: vegetation, woody debris, deposition patterns, bank erosion potential, current stability of dimension, pattern and profile, bed load
Level IV - Validation Level: measured values of bedload, suspended sediments, hydraulics

29. LEVEL 1: Valley Types Type I: V-notched (A channels)
Type 2: Colluvial (B-channels)
Type 3: Alluvial Fans (A,B,G, and D channels)
Type 4: Gorge (canyons and other confined channels)

30. Valley Types Continued
Type 5: U-shaped glacial valley with developed terrace
Type 6: Fault controlled
Type 8: Broad terraced floodplain
Type 7: Dissected

31. Valley Types Cont.
Type 9: Glacial outwash (plains, coastal and tundra areas)
Type 10: Coastal floodplain (low slopes with wetland floodplain)

35. What’s the Big Deal? The Rosgen Classification System Provides:
Common Language – A C4 stream in Bangladesh should have the same geomorphic characteristics as a C4 in Indiana.
Baseline Data Ranges – Allows us to compare our stream data with others working on similar streams and projects.
Compare Project Components By Stream Type – What works (or doesn’t) and on what stream type/condition.

36. Importance of Bankfull
“Bankfull” – The channel forming flow. Elevation corresponding to point of flooding with a reoccurrence interval of roughly 1.5 years.
Single most important stream morphology variable:
Determines other data collection parameters.
Provides target elevations for structures.
Nearly (but NOT) synonymous with OHWM.

37. Importance of Bankfull
Bankfull location varies on any given stream.
It is sometimes, but not always, the “top of bank”.

38. Rosgen Stream Types “A” and “B” Streams Steep Slopes
“A” are typical step-pool streams.
“B” are steepest of riffle-pool complex streams.
Point bars absent
Type A
Type B

39. Rosgen Stream Types “C” Streams Moderate Sinuosity
Slightly Entrenched/
Regular Flooding
Point Bars Present
Common Type Throughout Midwest
Type C

40. Rosgen Stream Types “D” and “DA” Streams High Sinuosity
Multiple Channels
Often Related to Large Rivers and Deltas or glacial outwash
Type D

41. Rosgen Stream Types “E” Streams High Sinuosity Slightly Entrenched/
Regular Flooding
“Classic” Trout Stream
Type E

42. Rosgen Stream Types “F” Streams Typical of Maintained Ditches
Type F
“F” Streams
Typical of Maintained Ditches
Wide and Shallow
Often Morphologically Unstable

43. Rosgen Stream Types “G” Streams Actively downcutting Entrenched/
Type G
“G” Streams
Actively downcutting
Entrenched/
Restricted Floodplain

44. The Reference Reach and Data
Utilizing a Reference Reach or Reference Data Provides:
Point of Reference – Just like ecosystem restoration…gives a goal “state” to aim.
Data Verification – Are my calculations/assumptions/techniques correct?
Baseline Data Ranges – Allows comparison.