Workshop W Wetlands Identification, Determination, Assessment - - PDF document

Workshop W

Wetlands … Identification, Determination, Assessment Tools, Permitting & Resources

Tuesday, March 21, 2017 3:30 p.m. to 4:45 p.m.

Biographical Information Michael See, Ohio EPA, Division of Surface Water 4675 Homer Ohio Lane, Groveport, Ohio 43125 (614) 836-8820 Michael.See@epa.ohio.gov Michael See is an Environmental Specialist and Wetland Ecologist within the Division of Surface Water at Ohio EPA. Michael has been an environmental professional and Wetlands Specialist for over eight

• years. He specializes in wetland habitat assessments, species composition, wetland restoration,

wetland permitting, and regulations. He holds a Bachelor of Science Degree in Environmental Science from The Ohio State University. Aishah Jones, Project Manager Environmental Quality Management, Inc. 1800 Carillon Boulevard, Cincinnati, Ohio 45240 513-742-7228 ajones@eqm.com

• Ms. Jones is an Environmental Scientist with 15 years of experience in a broad range of environmental

compliance and natural resources management programs. Aishah has served as a technical resource for numerous DoD installations including more than seven years as an onsite Senior Environmental Protection Specialist at U.S. Army installations. She enhanced and supported mission activities by providing regulatory compliance oversight in the areas of drinking water, wastewater, wetlands 404 and 401 permitting, stormwater, solid and hazardous waste management, and ISO 14001. She has provided water quality and wetlands management support to the Alabama Department of Transportation, U.S. Fish and Wildlife Service, U.S. Department of Army, and various multinational corporations within the consumer and forest products industries including P&G, Stericycle, International Paper and Weyerhaeuser. Aishah holds a Bachelor of Science Degree in Forest Science from Alabama A & M University and a Master of Science Degree in Environmental Science, from Tuskegee University, where she conducted research examining the functional success of constructed wetlands using amphibians as ecological indicators. Hope Manning, Project Manager, Multi-Media Compliance Team Leader Environmental Quality Management, Inc. 1800 Carillon Blvd., Cincinnati, Ohio 45240 (513) 742-7238 hmanning@eqm.com Hope joined EQM in August 2015 with over 13 years of technical and compliance management experience in the environmental field. She has been involved in a broad range of programs including air compliance and permitting, NESHAP Boiler GACT compliance, NPDES permitting and compliance, SPCC, and SWPP Plans generation, and EPCRA SARA Title III, Section 312 and 313 reporting. Prior to EQM, Hope was the Corporate Environmental Compliance Manager at Darling Ingredients, Inc., and was responsible for environmental compliance to federal, state, and local requirements for

• ver 50 locations in over 15 states. These activities included assisting in minor and major permitting,

regulatory compliance, regulatory interpretation, regulatory reporting, permit compliance and internal

• auditing. Prior to her time at Darling Ingredients, Inc., Hope was the Water Quality Specialist for The

Seminole Tribe of Florida. She was responsible for the water quality program for all surface waters on the Seminole Tribe of Florida reservation lands. Because the Seminole Tribe of Florida is a federally recognized Indian Tribe, she dealt directly with USEPA Region 4 personnel on behalf of the Seminole program. Hope holds a Bachelor of Science Degree in Chemical Engineering from The University of Cincinnati.

WETLANDS…IDENTIFICATION, DETERMINATION, ASSESSMENT TOOLS, PERMITTING & RESOURCES

Bes Best Practices In Identifying and Charact Practices In Identifying and Characterizing rizing We Wetlands Delineating Boundaries Delineating Boundaries Ecological Assessment T Ecological Assessment Tools

• ls

Permitting & rmitting & Mitigation Mitigation

Best Practices for Identifying and Characterizing Wetlands

Michael See Ohio EPA Division of Surface Water

Best Practices for Identifying and Characterizing Wetlands

Aishah Jones EQM Environmental Scientist ‐ Water Practice

Best Practices for Identifying and Characterizing Wetlands

Hope Manning EQM Engineer ‐ Multi‐Media Compliance

THINKING OF BUILDING OR EXPANDING… DO YOU NEED A WETLAND PERMIT?

• 1. What are wetlands? Identifying wetlands
• 2. Wetland indicators
• 3. Why should I consider whether an AOC

(Area of Concern) is a wetland?

• 4. Why are wetlands important? (ultimately because

they’re regulated!)

• 5. How are wetlands regulated?

THINKING OF BUILDING OR EXPANDING… DO YOU NEED A WETLAND PERMIT?

• 6. Where does the wetland start/stop?
• 7. Who decides if an AOC is a wetland?
• 8. What activities require a wetland permit and what

kind of permit do I need?

• 9. Discussion: Wetland Categories, Assessment, and

Mitigation 10.Where can I find more information or resources?

WHAT IS A WETLAND?

ORC 6111.02 Definition: "W "Wetlands" etlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration that are sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. "Wetlands" includes swamps, marshes, bogs and similar areas that are delineated in accordance with the 1987 United States Army Corps of Engineers (USACE) wetland delineation manual and any other procedures and requirements adopted by the USACE for delineating wetlands.

3/3/2017 8

WHAT IS A WETLAND? Many wetlands types and names:

• Bog
• Fen
• Swamp
• Marsh
• Vernal or ephemeral pool
• Wet prairie and prairie potholes.

A WETLAND HAS…

• In order to be a legally defined wetland (jurisdictional

and isolated) an area must meet all 3 of the following criteria:

1)

Hydric soils;

2)

Presence or indicators of hydrology; and

3)

Predominance of hydrophytic vegetation.

• Technical knowledge of these criteria is important in
• rder to properly identify wetland boundaries.

WHERE DOES THE WETLAND START/STOP

Wetland Indicators

Forested Wetland, Sandusky, County, OH

HYDRIC SOILS INDICATORS

Wetland Soils

Most wetland soils have reduced oxygen levels, which give the soils particular characteristics.

• Gleyed or

mottled

• Accumulation of
• rganic matter
• Oxidized root

channels

• Smell of rotten

eggs (hydrogen sulfide)

WETLAND SOILS

HYDROPHYTIC VEGETATION INDICATORS

Plants that occur in wetland environments are known as hydrophytes. These plants are classified according to their probability of occurrence. Several of these classification terms are described below.

Obligate Wetland Plants (OBL): Plants with a high probability (> 99%) of occurring in wetlands under natural conditions. Facultative Wetland Plants (FACW): Plants that usually occur (67-99%) in wetlands under natural conditions. Facultative Plants (FAC): Plants that sometimes occur (33-67%) in wetland environments under natural conditions. AJ8 AJ9

Slide 14 AJ8 move near features up top. fewer pics and larger

Aishah Jones, 2/21/2017

AJ9 get some more common plants

Aishah Jones, 2/21/2017

WETLAND HYDROLOGY

Wetland hydrology indicators provide evidence that the site has a continuing wetland hydrolic regime and that hydric soils and hydrophytic vegetation are not relics of a past hydrologic regime.

WETLAND HYDROLOGY INDICATORS

Emergent Marsh ‐ Hocking County

Wet Meadow – Champaign County

Shrub Swamp – Hocking County

Forested Wetland – Montgomery County

WHERE DOES THE WETLAND START/STOP

Wetland Delineation

• Wetland delineations are conducted in

accordance with the 1987 USA USACE E Wetland tland Delineation Manual Delineation Manual

• There are ten(10) regional supplements issued

by the USACE which are specific to different regions of the United States

• Wetlands must have three specific criteria in
• rder to be classified as a wetland: hydric soils,

hydrophytic vegetation, and hydrology

• During a wetland delineation, a project area is

surveyed to determine whether wetlands with the three criteria are present

• Regulatory waterbody/stream requirements

can vary by state, but usually include a distinct bed and bank

Delineation Manual & Regional Supplements

HOW DO YOU DETERMINE WHETHER AN AOC IS A WETLAND?

WHY DO WE CONDUCT WETLAND DELINEATIONS?

• Wetland/waterbody delineations are done to assess

jurisdictional waters of the United States.

• Wetland delineations are important because they

map the areas where wetlands and streams occur.

• Impacts to wetlands/waterbodies can require

permits from federal, state, and local agencies

JURISDICTIONAL DETERMINATION(JD)

Jurisdictional Det Jurisdictional Determination (JD) rmination (JD) is the process of identifying

waters of the United States, including streams and wetlands, regulated by the Corps of Engineers under Section 404 of the Clean Water Act within a given project area.

SOME EXISTING SCREENING TOOLS (USE WITH CAUTION)

• USFWS National W

USFWS National Wetland In tland Invent ntor

• ry Mapping

y Mapping

• Useful to determine if wetlands likely to be present
• Data not field verified
• False positives and false negatives common.

(www.fws.gov/wetlands/data/mapper.HTML)

• Cou

County Soil Sur ty Soil Survey

• Indicates presence of hydric soils. Lacks resolution to identify all hydric
• inclusions. (websoilsurvey.sc.egov.usda.gov/App/HomePage.htm)
• USGS T

USGS Topographic Mapping pographic Mapping

• Ohio W

Ohio Wetland In tland Invent ntor

• ry

Drinking Water Filtration Flood Protection

WETLAND FUNCTION & BENEFITS: WHY ARE WETLANDS IMPORTANT?

• Maintain biodiversity
• Maintain water quality
• Support commercial

fishing

• Reduce flood damage

and potential

• Recreation( Bird watching,

boating, crabbing)

• Aesthetic Value

Benefit

Improved Water Quality, Less Costly Water Treatment Recreation, Boating, Fishing, Birdwatching Reduce Flooding and Severity Increased Productivity of Commercial Fisheries

Function

Groundwater Recharge, Nutrient Removal Maintain Wildlife Diversity Surface Water Holding Capacity Wildlife Breeding Grounds

WHY SHOULD I CARE WHETHER AN AOC IS A WETLAND?

Wetlands Are Regulated!

WHO DOES THIS APPLY TO Manufacturing Facilities

• Plant Expansions
• Facility Acquisitions
• Parking lots

Linear Projects

• Natural gas,
• Utilities (water & waste water)
• fiber optic lines
• Transportation projects(roads,

bridges, railroads, etc)

Homebuilders

• Subdivisions
• Developments

Mining and Mineral Extraction

• Coal Mines
• Limestone quarries

AJ2

Slide 31 AJ2 Consider adding real life examples. higher cost and mitigation fees.

Aishah Jones, 2/21/2017

HOW ARE WETLANDS REGULATED?

Regulatory Overview

APPLICABLE LAWS AND REGULATIONS

• Clean Water Act
• Ohio Revised Code
• Ohio Administrative Code
• Applicants must check to ensure they are

following applicable state and federal laws.

CLEAN WATER ACT

• Also known as Federal Water Pollution Control Act
• f 1972
• Goal is to maintain the chemical, physical and

biological integrity of the nation’s waters

• Sections 404 and 401

CLEAN WATER ACT Section 404 – USACE

• Issue jurisdictional determinations to

determine waters regulated under the CWA.

• 404 (B)1 guidelines - Conduct 21-point

general public interest review including streams, wetlands, floodplains, historic properties, navigation, recreation, food and fiber production and shore line erosion. Section 401 – Ohio EPA

• Certify that proposed action does not interfere

with state water quality standards.

OHIO REVISED CODE AND OHIO ADMINISTRATIVE CODE

OR ORC – C – Stat tate la laws ws

• 6111.02 through 6111.024: Isolated Wetlands
• 6111.12: Anti-degradation
• 6111.30 through 6111.31: Application for Water Quality

Certification

• 3745.114 and 3745.113: Fees

OAC – C – Stat tate rules rules

• 3745-1: Water Quality Standards
• 3745-1-50 through 3745-1-54: Wetland Anti-degradation
• 3745-32-1 through 3745-32-07: 401 Water Quality

Certification

REGULATED ACTIVITIES

• 1. Filling – placing dredged or fill materials into a waterbody
• Fill material includes any type of rock, sand, soil, clay, construction debris, wood

chips, overburden from mining or excavation activities, and materials used to create any structure or infrastructure in the wetland.

• The most common activities include building sheds or garages, widening driveways,

constructing roads, etc.

• 2. Dredging/Excavating – removing silt or sediment from a waterbody (examples include:

stream widening, channel relocation, mining)

• 3. Mechanical Clearing – clearing vegetation (shrubs and trees) from wetlands by

bulldozing or grubbing, and removing the root structures and grading the soil

• 4. Other Construction – activities that alter a lake shoreline or stream bank (examples

include: seawalls, underwater beaches, stream bank stabilization, stream crossings)

401/404 PERMITTING PROCESS What activities trigger the need f What activities trigger the need for a r a permit? permit?

• Filling below the ordinary high water mark of a surface water
• Adding fill to create upland, change the bottom elevation or

create impoundments of water

• Mechanized tree clearing
• Housing developments, power plants, roads, industrial and

commercial development, office buildings, warehouses, landfills, fleeting facilities, power lines and gas lines, sewers, coal mining, subdivisions, etc.

• Dredging/removal of material does not always trigger a

permit.

WHAT IS A SECTION 401/404 PERMIT?

• Section 404 permits are issued by the USACE

when filling jurisdictional streams and wetlands is proposed to facilitate project development.

• Section 401 Water Quality Certifications are

issued by Ohio EPA to ensure that state water quality standards will not be violated as a result

• f the 404 permit.

WHO DECIDES IF AN AREA IS A WETLAND?

Wetland Determinations

AGENCY ROLES AND RESPONSIBILITIES

• Issues state wetland permit
• Develops and interprets wetlands

regulations

• Interacts with USACOE
• Develops environmental criteria

used in evaluating permit applications

• Determines scope of geographic

jurisdiction

• Enforces Section 404 provisions
• 404 permit decisions
• Verifies delineations
• Makes jurisdictional

determinations

• Enforces CWA Section 404

permit requirements

U.S. FISH AND WILDLIFE SERVICE

• Evaluate impacts on fish and

wildlife of new federal projects

• Enforces ESA

Rayed bean (Villosa fabalis)

Freshwater emergent wetland

WHAT ACTIVITIES REQUIRE A WETLAND PERMIT?

What Kind of Permit Do I Need?

TYPES OF PERMITS

• Nation

Nationwide P wide Permits (general permits) rmits (general permits)

• Provisional Nationwide Permits with state

authorization.

• Provisional Nationwide Permits with state

certification.

• Individual 404/40

Individual 404/401 P 1 Permits rmits

• Isolat

Isolated W ed Wetlands P tlands Permits rmits

Site Assessment

Jurisdictional determination

Isolated wetland

Isolated wetland permit from Ohio EPA Jurisdictional water 401 from Ohio EPA and 404 from USACE Nationwide Permit (NWP)

NWP from USACE, covered under general 401 NWP from USACE, individual 401 from Ohio EPA NWP from USACE, director’s authorization from Ohio EPA

Wetlands Permitting Process

AJ14

Slide 47 AJ14 Need to change heading coloration

Aishah Jones, 2/24/2017

DISCUSSION

Wetland Categories, Assessment, and Mitigation

OHIO WETLAND CATEGORIES

OAC 3745-1-54 (C)

Category 1 – minimal functions, do not provide critical habitat for T&E

• species. May have hydrologic isolation, low species diversity,

predominance of non-natives, limited potential to improve

Category 2 – moderate habitat or hydrological or recreational

• functions. Dominated by natives, but generally without T&E species,

reasonable potential for reestablishing functions

Category 3 – superior habitat, or hydrological or recreational functions.

High levels of diversity, natives or high functional values. Contain T&E or T&E habitat. May be forested, may be vernal pools, bogs, fens.

• Must demonstrat

Must demonstrate public need public need

OHIO EPA’S WETLAND ECOLOGY WORK

The W The Wetland Ecology Gr tland Ecology Group:

• up:
• performs wetland research with the goal of developing

wetland bio-criteria and wetland water quality standards for Ohio;

• has conducted varied studies on wetland composition,

vegetation, function and restoration;

• maintains dataset for future analysis; and
• developed wetland assessment tools for wetland

categorization.

Riverine Lacustrine

Riverine wetlands are found in a valley or adjacent to a stream channel. They lie in the active floodplain of a river

• r stream and have important links to the water dynamics
• f the river system.

Lacustrine wetlands are associated with deep water habitats with the following characteristics: situated in a topographic depression or a dammed river channel; lacking trees, shrubs, and other persistent emergent's; total area exceeds 20 acres. Non-tidal wetlands substantially covered by emergent's, trees, shrubs, moss/lichens, etc. Total area is less than 20

• acres. Most bogs, swamps, marshes and wet meadows fall

into this category.

Palustrine

BROAD CATEGORY CLASSIFICATION

ECOLOGICAL QUALITY ASSESSMENT TOOLS

• ORAM

ORAM

• Am

Amphibi phibians & & Other Ecological Other Ecological Indic Indicators

• Habit

Habitat Qualit t Quality y Inde Index

• Add o

dd othe her r assessment assessment tools

• ols

WETLAND ASSESSMENT TOOLS

Ohio Rapid Assessment Method (ORAM) Ohio Rapid Assessment Method (ORAM)

• Level 2 assessment which measures “intactness” of

wetland

Vege getativ tative Inde Index of x of Bio Biotic Int ic Integrity (VIBI) grity (VIBI)

• Level 3 assessment based on plant species diversity

Am Amphibian Inde phibian Index of x of Bio Biotic Int ic Integrity (Am grity (AmphIBI) hIBI)

• Level 3 assessment based on amphibian species,

primarily applicable to forested vernal pool habitats

**High correlation between ORAM, VIBI, and AmphIBI scores

ORAM

Multi-metric assessment which measures intactness of the wetland, human disturbance and wetland functions

• Category 1: (0-29) lowest quality
• 1 or 2 Gray Zone: (30-34.9)
• Modified Category 2: (35-44.9) disturbed Category 2
• Category 2: (45-59.9) score medium quality, most common
• 2 or 3 Gray Zone: (60-64.9)
• Category 3: (65-100) high quality, not as frequent

Gray zone: Will be regulated as the higher quality unless determined otherwise through VIBI or AmphIBI.

MITIGATION

Emergent Marsh, Loraine County

COMPENSATORY WETLAND MITIGATION

• On-site
• Off-site
• Mitigation bank
• In-lieu fee program
• Can only be considered after determining

impacts are allowable

• Mitigation cannot be used to justify impacts
• If impacts are too severe, no amount of

mitigation can be used to allow them

TYPES OF MITIGATION

• Restoration – Preferred Method
• Creation
• Enhancement*
• Preservation *

*Can only be used in conjunction with restoration or creation

MITIGATION RATIOS

*ORC 6111.027– For isolated wetlands mitigated at mitigation banks or in- lieu fee, Cat.1 and non-forested Cat. 2 are mitigated at a 2:1 ratio and forested Cat. 2 are mitigated at a 2.5:1 ratio. Other isolated wetland ratios are the same as jurisdictional wetland ratios shown above.

MITIGATION HIERARCHY

Per ORC 6111.30 compensatory mitigation shall be conducted in accordance with 33 C.F.R. 332.3. (federal rule)

1. Mitigation Banks 2. In-Lieu Fee Program 3. Permittee Responsible Mitigation –

• Requires permittee to monitor wetland for success.
• Typical wetland monitoring periods are from five to 10

years.

MITIGATION MONITORING

• Monitoring is conducted by permittee or mitigation

bank/in-lieu fee sponsor.

• Typical monitoring periods are from 5 to 10 years.
• Collect data to demonstrate wetland is successful

(vegetation, hydrology, invasive species coverage, tree/shrub survivability).

• Long-term management and protection required.
• Regulatory agencies conduct site visits to ensure

wetland performance goals are being met.

WHAT ACTIVITIES ARE ALLOWED IN WETLANDS?

• Ve

Vegetation Re Removal?

• Discharging int

Discharging into/ / st storm

• rmwat

ater? er?

• Add Drainage?

dd Drainage?

THINGS TO CONSIDER… BEF

BEFORE RE WORKING IN WETLANDS?

RKING IN WETLANDS? Examples of activities that may require a permit and a water quality certification include:

• boat ramp construction;
• placement of riprap for erosion control;
• filling, grading, dredging, ditching or

mechanically clearing a wetland;

• building in a wetland;
• constructing dams or dikes;
• stream channelization;
• stream diversion; and
• land leveling.

Discharge dredged or fill material into waters of the State, including wetlands, must

• btain a permit from the Ohio Environmental Protection Agency if the wetland is

determined to be jurisdictional, the U.S. Army Corps of Engineers (Corps).

QUESTIONS

Where Can I Find More Information or Resources?

CONTACT INFO:

Michael See Michael See Ohio EP Ohio EPA, Division of Sur Division of Surface W ace Water 50 50 W. T Town Stree wn Street, St , Ste. 700

• e. 700

Columbus Ohio 432 Columbus Ohio 43215 (6 (614) 6 ) 644-232

• 2327

Michael.See@epa.ohio.go Michael.See@epa.ohio.gov www www.epa.ohio.go epa.ohio.gov/dsw/40 v/dsw/401/permitting.aspx 1/permitting.aspx

Aishah Jones Aishah Jones

Pr Project

• ject Manager

Manager En Envir vironmental Quality Management, Inc. nmental Quality Management, Inc. 1800 Caril 800 Carillon

• n Boule

Boulevard Cincinnati, Ohio 452 Cincinnati, Ohio 45240 40 513-7 3-742-7228- 42-7228- Direct Direct 513-825- 3-825- 7500-Main 7500-Main ajones@eqm.com ajones@eqm.com www www.eqm.com .eqm.com

Hope Manning Hope Manning

Project Manager Project Manager Multi-Media Com Multi-Media Compliance T liance Team Leader am Leader En Envir vironmental Quality Management, Inc. nmental Quality Management, Inc. 1800 Caril 800 Carillon

• n Boule

Boulevard Cincinnati, Ohio 452 Cincinnati, Ohio 45240 40 (5 (513) 7 ) 742-7238 42-7238 Direct Direct (5 (513) 328-2964 ) 328-2964 Cell Cell 513-825-7500-Ma 3-825-7500-Main in hmanning@eqm.com hmanning@eqm.com www www.eqm.com .eqm.com

CONTACT INFO:

ADDITIONAL RESOURCES

6 6

• 1. Ohio Environmental Protection Agency- Division of Surface Water

P.O. Box 1049 Columbus, OH 43216-1049 (614) 644-2001

• 2. Kentucky Department of Environmental Protection- Division of Water

300 Sower Boulevard, 3rd Floor l Frankfort, KY 40601 502-564-3410

• 3. Indiana Department of Environmental Management- Office of Water Quality Surface Water

100 N. Senate Avenue, Indianapolis, IN 46204 Phone: (317) 233-8488

• 4. U.S. Army Corps of Engineers – Huntington District

502 Eighth Street Huntington, WV 25701-2070 (304) 399-5210

• 5. U.S. Army Corps of Engineers – Louisville District

P.O. Box 59, Louisville, KY 40201-0059 (502) 315-6733