WETLANDS and ODOT WETLANDS and ODOT

Environmental Services

Oregon Department of Transportation

Resource DescriptionResource Description

What are Wetlands?Why are Wetlands important to the

public?Why are Wetlands important to

ODOT?

What is a wetland?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 Why are Wetlands Important to the Public?to the Public?

Wetlands perform functions that are uniquely valuable, and cannot be replicated once lost or affected, except by other wetlands .

WetlandWetland FunctionsFunctions

...

Wetland FunctionsWetland Functions

...

Wetland FunctionsWetland Functions

...

Wetland FunctionsWetland Functions

...

Wetland FunctionsWetland Functions

...

Why are Wetland Resources Why are Wetland Resources important to ODOT?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 -

http://www.odot.state.or.us/eshtm

FOR MORE INFO...

Federal and State RegulationsFederal and State Regulations

FEDERAL STATE OF OREGONClean Water Act Fill and Removal Law

Regulatory authority through Regulatory authority

the Environmental Protection through the Division of Agency State Lands

Implementation ImplementationArmy Corps of Engineers Division of State Lands

Section 404 Permit Fill and Removal Permit

Permits and Minimum Permits and Minimum ThresholdsThresholdsDivision 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 Army Corps of Engineers PermitsPermitsArmy 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 withless 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 RegulationsLocal 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 What does this mean for transportation projects?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 How are transportation projects affected?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 Water Resource” Permits and Their Requirements:Their Requirements:Section 404 Permit DSL Permit

Both permits require that:

First: Wetland resources must beavoided if at all possible;

Second: Unavoidable impacts must be minimized;

Third: Impacted wetland values must be replaced, usually through

mitigation.

Permit RequirementsPermit Requirements

Avoidance and Minimization Measures:

– Alignment modification/adjustment– Use of bridges, retaining walls,

steepened slopes for project

– Limits of construction/fenced project

wetland areas

PermitPermit RequirementsRequirements

Replacement of lost or affected wetland values by:

– Restoration of pre-existing wetlands– Construction of new wetlands– Enhancement of existing wetlands

Statutory Requirements for Statutory Requirements for Wetland Mitigation: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 MitigationWetland Mitigation

Project Design Phase:

1. Review mitigation possibilities

2. Determine appropriate

mitigation approach

Wetland MitigationWetland 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 Wetland Mitigation Construction: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 Wetland Mitigation Construction: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 Wetland Mitigation by Payment-to-Provide: 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 Wetland Mitigation by Payment-to-Provide: 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 byWetland Mitigation byMitigation Banking Credit: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 byWetland Mitigation byMitigation Banking Credit: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 byWetland Mitigation byPayment-In-Lieu: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 byWetland Mitigation byPayment-In-Lieu: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:Wetland Mitigation:Additional ConsiderationsAdditional ConsiderationsFederal 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: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.