AQUATIC RESOURCES MITIGATION IN OREGON: WHAT …...Feb 23, 2018  · Final Federal Compensatory...

217217217

200200200

255255255

000

163163163

131132122

2396553

110135120

1129256

62102130

1025648

130120111

237237237

8011927

252174.59

8336118

Project support is provided through

EPA Wetland Program

Development Grants

AQUATIC RESOURCES MITIGATION IN OREGON:

WHAT PROBLEMS ARE WE ADDRESSING?

Tom Taylor

Mitigation Program Manager

US Army Corps of Engineers

Portland District

PRESENTATION OBJECTIVES

Review some fundamentals of wetland and stream mitigation

Review current Federal and State of Oregon regulations

Explain current compensatory mitigation in Oregon

Identify deficiencies in Oregon’s compensatory mitigation programs

Introduce mitigation program changes

WHAT ARE WETLANDS AND WATERS?

Vary widely by location and “look”

May not have permanent water

May be managed for other uses such as crop production

Photo: USDA Photo: OSU

ECOLOGICAL FUNCTIONS AND VALUES

Water quality improvement

Water storage and delay

Habitat for native plant diversity

Habitat for fish and wildlife

Amenity values for open space, recreation, education

4

REGULATION OF WATERS IN OREGON

Federal Program

– Dredge and fill of waters of the US are permitted by the Army Corps of Engineers under Section 404 of

the Clean Water Act.

– EPA, along with the Corps, co-administers the 404 program.

State Program

DSL requires a permit for most projects that remove or fill materials in waters of the state under Oregon’s

Removal-Fill Law (ORS 196.795 to 196.990.

MITIGATION

Reduction of a proposed project’s adverse effects to

aquatic resources

Mitigation Sequence

– Avoid impacts

– Minimize impacts

– Rectify impacts

– Compensate for unavoidable impacts

COMPENSATORY MITIGATION GOALS

Replace the functions and values that are lost through the creation, restoration or enhancement of aquatic

resources

– at an appropriate scale relative to local significance

– in a way that is self-sustaining and minimizes long-term maintenance needs

– at ecologically suitable locations

Photo courtesy of Ecological Resource Consultants, Inc.

COMPENSATORY MITIGATION OPTIONS

Credit purchase

– Mitigation bank

– In-lieu fee credits

Permittee-responsible project

Payment in-lieu (DSL only)

HOW IS COMPENSATORY MITIGATION CURRENTLY HANDLED?

DSL requires use of various wetland function

assessment methods; no specific method required by

the Corps

Wetland mitigation is currently acreage-based

Mitigation for non-wetland waters is inconsistent

Oregon has no consistent stream function

assessment method for regulatory use

A watershed approach is lacking in Oregon

PROBLEM STATEMENT AND FEDERAL POLICY

Core Issues

Wetland acreage is being replaced but wetland functions are not

Mitigation for other waters (like streams) is not consistent

Final Federal Compensatory Mitigation Rule (2008)

Compensatory mitigation decision-making in a watershed context

Replace loss of functions due to unavoidable impacts to all aquatic

resources

Use of function or condition assessment to determine compensatory

mitigation

Consistent requirements for all forms of mitigation (banks, In-lieu Fee,

permittee-responsible)

CURRENT MITIGATION PROGRAM DEFICIENCIES AND PROPOSED

CHANGES UNDER FRAMEWORK

Deficiencies

Wetland functions not being replaced

Inconsistent mitigation for other waters (like streams)

Unavailable function or condition assessment for

determining compensatory stream mitigation

Inconsistent decision-making in a watershed context

Proposed Changes

Replace wetland functions and services, plus aquatic

area

Replace loss of functions and services due to

unavoidable impacts to all aquatic resources

Develop new stream assessment tools

Make compensatory mitigation decisions using a

watershed approach

CHALLENGE OF THE 2008 COMPENSATORY MITIGATION RULE

No alteration of general mitigation regulations

No alteration of the circumstances under which

compensatory mitigation is required

No new authority to require the new proposed

compensatory mitigation strategy

Challenges us to improve compensation for aquatic

resource functions lost as result of permitted activities

Photo courtesy of Federal Highway Administration

U.S. Army Corps of Engineers photo

NEED MORE INFORMATION?

Tom Taylor

Mitigation Program Manager

Portland District, USACE

thomas.j.taylor@usace.army.mil

503-808-4386

Also:

http://www.oregon.gov/dsl/WW/Pages/Aquatic-Resources-Mitigation-Framework.aspx