Critique of present wetlands mitigation policies in the united states based on an analysis of past restoration projects in San Francisco Bay

A detailed evaluation of past wetland restoration projects in San Francisco Bay was undertaken to determine their present status and degree of success. Many of the projects never reached the level of success purported and others have been plagued by serious problems. On the basis of these findings, it is debatable whether any sites in San Francisco Bay can be described as completed, active, or successful restoration projects at present. In spite of these limited accomplishments, wetland creation and restoration have been adopted in the coastal permit process as mitigation to offset environmental damage or loss of habitat. However, because the technology is still largely experimental, there is no guarantee that man-made wetlands will persist as permanent substitutes for sacrificed natural habitats. Existing permit policies should be reanalyzed to insure that they actually succeed in safeguarding diminishing wetlands resources rather than bartering them away for questionable habitat substitutes. Coastal managers must be more specific about project requirements and goals before approval is granted. Continued research on a regional basis is needed to advance marsh establishment techniques into a proven technology. In the meantime, policies encouraging or allowing quid pro quo exchanges of natural wetlands with man-made replacements should proceed with caution. The technology and management policies used at present are many steps ahead of the needed supporting documentation.     

Compliance with Wetland Mitigation Standards in the Upper Peninsula of Michigan, USA

The United States has lost about half its wetland acreage since European settlement, and the effectiveness of current wetland mitigation policies is often questioned. In most states, federal wetland laws are overseen by the U.S. Army Corps of Engineers, but Michigan administers these laws through the state's Department of Environmental Quality (MDEQ). Our research provides insight into the effectiveness of the state's implementation of these laws. We examined wetland mitigation permit files issued in Michigan's Upper Peninsula between 2003 and 2006 to assess compliance with key MDEQ policies. Forty-six percent of files were out of compliance with monitoring report requirements, and forty-nine percent lacked required conservation easement documents. We also conducted site assessments of select compensatory wetland projects to determine compliance with MDEQ invasive plant species performance standards. Fifty-five percent were out of compliance. We found no relationship between invasive species noncompliance and past site monitoring, age of mitigation site, or proximity to roads. However, we found wetland restoration projects far more likely to be compliant with performance standards than wetland creation projects. We suggest policy changes and agency actions that could increase compliance with wetland restoration and mitigation goals.     

The US Clean Water Act and habitat replacement: evaluation of mitigation sites in Orange County,California, USA

Both permit requirements and ecological assessments have been used to evaluate mitigation success. This analysis combines these two approaches to evaluate mitigation required under Section 404 of the United States Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act, which allow developers to provide compensatory mitigation for unavoidable impacts to wetlands. This study reviewed permit files and conducted field assessments of mitigation sites to evaluate the effectiveness of mitigation required by the US Army Corps of Engineers for all permits issued in Orange County, California from 1979 through 1993. The 535 permit actions approved during this period allowed 157 ha of impacts. Mitigation was required on 70 of these actions, with 152 ha of enhanced, restored, and created habitat required for 136 ha of impacts. In 15 permit actions, no mitigation project was constructed, but in only two cases was the originally permitted project built; the two cases resulted in an unmitigated loss of 1.6 ha. Of the remaining 55 sites, 55% were successful at meeting the permit conditions while 11% failed to do so. Based on a qualitative assessment of habitat quality, only 16% of the sites could be considered successful and 26% were considered failures. Thus, of the 126 ha of habitat lost due to the 55 projects, only 26 ha of mitigation was considered successful. The low success rate was not due to poor enforcement, although nearly half of the projects did not comply with all permit conditions. Mitigation success could best be improved by requiring mitigation plans to have performance standards based on habitat functions.     

Wetland loss and substitution by the Section 404 permit program in southern California,USA

To test the effectiveness of the 404 permit program in preventing a net loss of wetland resources, 75 Section 404 projects permitted in the years 1987–1989 and located in a portion of southern California were evaluated. From this group of projects, 80.47 ha of wetlands were affected by Section 404 permits and the Army Corps of Engineers required 111.62 ha of wetland mitigation. To verify the successful completion of each mitigation project, all 75 project sites were visited and evaluated based on the amount of dead vegetation, growth and coverage, and the number of invasive species. Based on the field verification results, the actual amount of completed mitigation area was 77.33 ha, resulting in a net loss of 3.14 ha of wetland resources in the years 1987–1989. By comparing the types of wetlands lost to the types of wetlands mitigated, it is apparent that, in particular, freshwater wetlands are experiencing a disproportionately greater loss of area and that riparian woodland wetlands are most often used in mitigation efforts. The net result of these accumulated actions is an overall substitution of wetland types throughout the region. Results also indicate that, typically, large-scale mitigation projects are more successful compared to smaller projects and that successful compliance efforts are not evenly distributed throughout the region. We recommend that better monitoring, mitigation in-kind, mitigation banking, and planning on a regional or watershed scale could greatly improve the effectiveness of the Section 404 permitting program.     

Selenium distribution and fluxes in intertidal wetlands, San Francisco Bay, California

Selenium (Se) concentrations exceeding ecological guidelines for sediments and suspended particulate matter (SPM) have been observed in the northern reach of the San Francisco Bay estuary. Longterm availability of elevated Se in wetland sediments depends in part on the fluxes controlling Se distribution. The relative contribution of sedimentary vs. post-depositional Se fluxes in two San Francisco Bay intertidal wetlands was estimated. Selenium concentrations on surface wetland sediments were compared with levels on SPM, and with previously established background levels in San Francisco Bay sediments. Sediment Se fluxes to the wetlands were measured directly using sediment traps. Although dissolved Se concentrations are higher than particulate Se concentrations in San Francisco Bay water, sediment input into the system provides the major flux of Se. Strong correlation between Se and C on SPM (r2 = 0.81) indicates the importance of organic particulate deposition. Dependence on sediment texture was qualitatively established by measuring Se on particle-size separates. Normalization to Al showed that 65% of Se spatial variability is related to sediment texture. Selenium is further enriched in the marsh via post-depositional inputs, probably due to in situ adsorption from overlying water and chemical reduction. According to sediment flux measurements, enrichment in the marsh is equivalent to 20 to 25% of the particulate Se flux, thereby defining the marsh as a Se sink. These findings highlight the need for more intensive monitoring of SPM as the major source of Se to intertidal wetlands.     

Compensatory Stream and Wetland Mitigation in North Carolina: An Evaluation of Regulatory Success

Data from a probability sample were used to estimate wetland and stream mitigation success from 2007 to 2009 across North Carolina (NC). “Success” was defined as whether the mitigation site met regulatory requirements in place at the time of construction. Analytical results were weighted by both component counts and mitigation size. Overall mitigation success (including preservation) was estimated at 74 % (SE = 3 %) for wetlands and 75 % (SE = 4 %) for streams in NC. Compared to the results of previous studies, wetland mitigation success rates had increased since the mid-1990s. Differences between mitigation providers (mitigation banks, NC Ecosystem Enhancement Program’s design-bid-build and full-delivery programs, NC Department of Transportation and private permittee-responsible mitigation) were generally not significant although permittee-responsible mitigation yielded higher success rates in certain circumstances. Both wetland and stream preservation showed high rates of success and the stream enhancement success rate was significantly higher than that of stream restoration. Additional statistically significant differences when mitigation size was considered included: (1) the Piedmont yielded a lower stream mitigation success rate than other areas of the state, and (2) recently constructed wetland mitigation projects demonstrated a lower success rate than those built prior to 2002. Opportunities for improvement exist in the areas of regulatory record-keeping, understanding the relationship between post-construction establishment and long-term ecological trajectories of stream and wetland restoration projects, incorporation of numeric ecological metrics into mitigation monitoring and success criteria, and adaptation of stream mitigation designs to achieve greater success in the Piedmont.     

Determinants of Spatial and Temporal Patterns in Compensatory Wetland Mitigation

Development projects that impact wetlands commonly require compensatory mitigation, usually through creation or restoration of wetlands on or off the project site. Over the last decade, federal support has increased for third-party off-site mitigation methods. At the same time, regulators have lowered the minimum impact size that triggers the requirement for compensatory mitigation. Few studies have examined the aggregate impact of individual wetland mitigation projects. No previous study has compared the choice of mitigation method by regulatory agency or development size. We analyze 1058 locally and federally permitted wetland mitigation transactions in the Chicago region between 1993 and 2004. We show that decreasing mitigation thresholds have had striking effects on the methods and spatial distribution of wetland mitigation. In particular, the observed increase in mitigation bank use is driven largely by the needs of the smallest impacts. Conversely, throughout the time period studied, large developments have rarely used mitigation banking, and have been relatively unaffected by changing regulatory focus and banking industry growth. We surmise that small developments lack the scale economies necessary for feasible permittee responsible mitigation. Finally, we compare the rates at which compensation required by both county and federal regulators is performed across major watershed boundaries. We show that local regulations prohibiting cross-county mitigation lead to higher levels of cross- watershed mitigation than federal regulations without cross-county prohibitions. Our data suggest that local control over wetland mitigation may prioritize administrative boundaries over hydrologic function in the matter of selecting compensation sites.     

Does Wetland Location Matter When Managing Wetlands for Watershed‐Scale Flood and Drought Resilience?

Wetland protection and restoration strategies that are designed to promote hydrologic resilience do not incorporate the location of wetlands relative to the main stream network. This is primarily attributed to the lack of knowledge on the effects of wetland location on wetland hydrologic function (e.g., flood and drought mitigation). Here, we combined a watershed‐scale, surface–subsurface, fully distributed, physically based hydrologic model with historical, existing, and lost (drained) wetland maps in the Nose Creek watershed in the Prairie Pothole Region of North America to (1) estimate the hydrologic functions of lost wetlands and (2) estimate the hydrologic functions of wetlands located at different distances from the main stream network. Modeling results showed wetland loss altered streamflow, decreasing baseflow and increasing stream peakflow during the period of the precipitation events that led to major flooding in the watershed and downstream cities. In addition, we found that wetlands closer to the main stream network played a disproportionately important role in attenuating peakflow, while wetland location was not important for regulating baseflow. The findings of this study provide information for watershed managers that can help to prioritize wetland restoration efforts for flood or drought risk mitigation.     

Inventorying and Monitoring Wetland Condition and Restoration Potential on a Watershed Basis with Examples from Spring Creek Watershed, Pennsylvania, USA

We developed an approach for inventorying wetland resources, assessing their condition, and determining restoration potential in a watershed context. This article outlines how this approach can be developed into a Wetland Monitoring Matrix (WMM) that can help resource management agencies make regulatory and nonregulatory decisions. The WMM can be embedded in a standard planning process (Wetlands, Wildlife, and Watershed Assessment Techniques for Evaluation and Restoration, or W³ATER) involving the setting of objectives, assessing the condition of the resource, prioritizing watersheds or sites, implementing projects, and evaluating progress. To that process we have added the concepts of reference, hydrogeomorphic (HGM) classification, and prioritization for protection and restoration by triage or adaptive management. Three levels of effort are possible, increasing in detail and diagnostic reliability as data collection shifts from remote sensing to intensive sampling on the ground. Of key importance is the use of a consistent set of monitoring protocols for conducting condition assessments, designing restoration and creation projects, and evaluating the performance of mitigation projects; the same variables are measured regardless of the intended use of the data. This approach can be tailored to any region by establishing a reference set of wetlands organized by HGM subclasses, prioritizing watersheds and individual wetlands, and implementing consistent monitoring protocols. Application of the approach is illustrated with examples from wetlands and streams of the Spring Creek Watershed in central Pennsylvania, USA.     

The Effects of Site Conditions and Mitigation Practices on Success of Establishing the Valley Elderberry Longhorn Beetle and Its Host Plant,Blue Elderberry

This study performed the first systematic evaluation of the success of habitat mitigation at establishing the threatened Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) and its host plant, blue elderberry (Sambucus mexicana). Habitat mitigation performed through enforcement of the U.S. Endangered Species Act represents a tightly controlled form of habitat restoration, facilitating the evaluation of restoration practice. Restoration plantings of blue elderberry have been substantial in our study area, the Central Valley of California. Surveys of 30 mitigation sites and 16 nearby natural sites showed that mitigation sites were a fraction of the size of natural habitat areas (mean = 24%) and contained smaller shrubs. The beetle colonized 53% of mitigation sites and its populations were denser in sites with moderate levels of dead stems on elderberry shrubs, and moderate damage to elderberry stems and bark. This likely indicates that the beetle responds to stressed shrubs, which are likely to contain elevated levels of nitrogen. Beetle density also increased with the size and age of mitigation sites. This indicates a need to make restoration sites as large as possible and to monitor these sites for longer than current guidelines suggest, thereby allowing more time for convergence of natural and mitigation sites. Few factors examined here directly influenced the growth of elderberry shrubs, but elderberry grew more rapidly in sites closer to riparian areas, indicating that such sites should be favored for mitigation sites.     

Hydrologic analysis for coastal wetland restoration

Increasing recognition of the value of tidal wetlands has led to interest in how to restore and enhance areas that have been modified by human activity. The policy of recognizing restoration or enhancement as mitigation for destruction of other wetlands is controversial. Once policy questions are separated from technical questions, the steps in a successful project are straightforward A key element in the design of a successful project is quantitative hydraulic and hydrologic analysis of alternatives. Restoration projects at two sites in California used a combination of empirical geomorphic relationships, numerical modeling, and verification with field observations. Experience with these and other wetland restoration projects indicates the importance of longterm postproject monitoring, inspection, and maintenance     

Prioritizing Wetland Restoration for Sediment Yield Reduction: A Conceptual Model

In a climate of limited resources, it is often necessary to prioritize restoration efforts geographically. The synoptic approach is an ecologically based tool for geographic prioritization of wetland protection and restoration efforts. The approach was specifically designed to incorporate best professional judgment in cases where information and resources are otherwise limited. Synoptic assessments calculate indices for functional criteria in subunits (watersheds, counties, etc.) of a region and then rank the subunits. Ranks can be visualized in region-scale maps which enable managers to identify areas where efforts optimize functional performance on a regional scale. In this paper, we develop a conceptual model for prioritizing watersheds whose wetlands can be restored to reduce total sediment yield at the watershed outlet. The conceptual model is designed to rank watersheds but not individual wetlands within a watershed. The synoptic approach is valid for applying the sediment yield reduction model because there is high demand for prioritizing disturbed wetlands for restoration, but there is limited, quantitative, accurate information available with which to make decisions. Furthermore, the cost of creating a comprehensive database is prohibitively high. Finally, because the model will be used for planning purposes, and, specifically, for prioritizing based on multiple decisions rather than optimizing a single decision, the consequence of prioritization errors is low. Model results cannot be treated as scientific findings. The conclusions of an assessment are based on judgement, but this judgement is guided by scientific principles and a general understanding of relevant ecological processes. The conceptual model was developed as the first step towards prioritizing of wetland restoration for sediment yield reduction in US EPA Region 4.     

Section 404 wetland mitigation and permit success criteria in Pennsylvania,USA, 1986-1999

Twenty-three Section 404 permits in central Pennsylvania (covering a wetland age range of 1–14 years) were examined to determine the type of mitigation wetland permitted, how the sites were built, and what success criteria were used for evaluation. Most permits allowed for mitigation out-of-kind, either vegetatively or through hydrogeomorphic class. The mitigation process has resulted in a shift from impacted wetlands dominated by woody species to less vegetated mitigation wetlands, a trend that appears to be occurring nationwide. An estimate of the percent cover of emergent vegetation was the only success criterion specified in the majority of permits. About 60% of the mitigation wetlands were judged as meeting their originally defined success criteria, some after more than 10 years. The permit process appears to have resulted in a net gain of almost 0.05 ha of wetlands per mitigation project. However, due to the replacement of emergent, scrub–shrub, and forested wetlands with open water ponds or uplands, mitigation practices probably led to a net loss of vegetated wetlands.     

Validity of Performance Criteria and a Tentative Model for Regulatory Use in Compensatory Wetland Mitigation Permitting

The purpose of this paper is to develop the principles for a manageable and practical set of performance criteria that will reasonably assure no net loss in a situation in which it cannot be absolutely assured. To this end, the performance criteria proposed for 116 compensatory wetland projects on file with the Army Corps of Engineers in San Francisco, between 1988 and 1995, were examined. The trends discerned in the project proposals were analyzed and evaluated in light of the current state of wetland science. Specific suggestions for the development of uniform criteria in each of four major wetland types—riparian, perennial tidal, perennial nontidal, and seasonal—are discussed, and a system of regulation tying qualitative assessment with quantitative requirements is outlined as a reasonable solution to the enforcement of the no-net-loss policy.     

Channelization and levee construction in Illinois: Review and implications for management

The environmental impact of loss of natural stream and riparian habitat is of concern throughout the United States and Europe. Environmental impacts related to such activities as channelization of and levee construction along streams and rivers are particularly apparent in the Midwestern United States. The objective of the research presented here was to delineate the extent, relative degree of impact, and implications for management of channelization and levee construction along watercourses located in the state of Illinois. According to records maintained through the Illinois Streams Information System data base (Illinois Department of Conservation), nearly 25% of surface water resources in the state have been modified directly by channelization and/or levee construction. Reviews of agency records, elaboration of case histories, interviews with agency personnel, and inspections of impacted sites indicated that these alterations have occurred without the benefit of effective mitigation. Although permit records may provide suggestions for mitigation to be incorporated in the design of a particular project, permits issued generally do not require even minimal instream habitat and bank stabilization efforts in conjunction with channel alteration. Information derived from policy and case study analyses suggests that institutional constraints, rather than lack of particular understanding about mitigation, provide major barriers to protecting the state's surface water resources in terms of regulatory review, policy interpretation and implementation, and project evaluation. Recommendations for environmental management efforts regarding these and similar channel alterations are elaborated from these findings.     

Compensatory Mitigation for Streams Under the Clean Water Act: Reassessing Science and Redirecting Policy1

Doyle, Martin W. and F. Douglas Shields, 2012. Compensatory Mitigation for Streams Under the Clean Water Act: Reassessing Science and Redirecting Policy. Journal of the American Water Resources Association (JAWRA) 48(3): 494-509. DOI: 10.1111/j.1752-1688.2011.00631.x Abstract: Current stream restoration science is not adequate to assume high rates of success in recovering ecosystem functional integrity. The physical scale of most stream restoration projects is insufficient because watershed land use controls ambient water quality and hydrology, and land use surrounding many restoration projects at the time of their construction, or in the future, do not provide sufficient conditions for functional integrity recovery. Reach scale channel restoration or modification has limited benefits within the broader landscape context. Physical habitat variables are often the basis for indicating success, but are now increasingly seen as poor surrogates for actual biological function; the assumption “if you build it they will come” lacks support of empirical studies. If stream restoration is to play a continued role in compensatory mitigation under the United States Clean Water Act, then significant policy changes are needed to adapt to the limitations of restoration science and the social environment under which most projects are constructed. When used for compensatory mitigation, stream restoration should be held to effectiveness standards for actual and measurable physical, chemical, or biological functional improvement. To achieve improved mitigation results, greater flexibility may be required for the location and funding of restoration projects, the size of projects, and the restoration process itself.     

CHEMICAL CONSTITUENTS IN STORM FLOW VS. DRY WEATHER DISCHARGES IN CALIFORNIA STORM WATER CONVEYANCES1

ABSTRACT: This research evaluated concentration data for selected water quality parameters in selected California urban separate storm sewer systems during storm event discharges and during dry weather conditions. We used existing monitoring data from multiple regulatory agencies and municipalities originally collected for compliance or local characterization, which allowed systematic assessment of seasonal patterns over a wide region. Long term mean concentration for most parameters in most streams was higher during storm discharges than during dry weather flows to at least 95 percent confidence in 20 of 45 comparative evaluations, and lower statistical confidence in 22 other comparisons. Some regional differences emerged: in four evaluated streams in the San Francisco Bay Area, total concentration of lead, copper and zinc were lower during dry weather than during storm flows to at least 99.9 percent confidence, with only one exception; while the other four evaluated California streams showed the same tendency, but to much lower statistical confidence.     

Restoration of a Canadian Prairie Wetland with Agricultural and Municipal Wastewater

3 /day (800,000 US gallons) of municipal wastewater and beef processing wastewater. A large nongovernmental organization hastened restoration with a development process that outlined restoration goals and management objectives to satisfy a dual mandate of wastewater treatment and wildlife habitat creation. In 1995, after five years of wastewater additions, the basins had been refilled and the surrounding uplands had been acquired and restored. The Frank Lake Conservation Area currently provides high-quality habitat for a variety of wildlife in a region where many of the native plants and animals species have been lost due to habitat loss and fragmentation. The success of upland and water management strategies is reflected in the increase of target species' abundance and richness: 50 shorebird species, 44 waterfowl species, 15 raptor species, and 28 other new bird species have returned to the marsh since restoration. As well, significant N and P reduction occurs as waters flow through the first basin of the marsh. The management strategies of this project that satisfied a dual mandate serve as a model to guide managers of other large-scale wetland restoration projects.     

Looking through the postdisaster policy window

Policy windows are transitory opportunities during which the likelihood of adopting new policy or legislative proposals is greater than usual. Accepted wisdom has held that natural disasters serve as focusing events that generate policy windows in their wake. This paper highlights the need for a more circumscribed understanding of when and where policy windows occur based on the experiences of three US regional planning organizations: a hand-picked commission of community leaders, a council of governments, and a special-purpose substate organization. The first operated in the San Francisco Bay Area of California following the Loma Prieta earthquake (October 1989), and the other two in South Carolina's Atlantic coastal plain after Hurricane Hugo (September 1989). The analysis concludes that natural disasters did not transform the agenda or mission of these entities. Policy windows were neither automatic outcomes of focusing events nor did they ensure the adoption of pertinent policy within the organizations investigated. Several conditions are minimally necessary for using policy windows to bring about hazard mitigation: comprehensive institutional conceptualization of hazards management, institutional strength and flexibility, and well-placed, effective policy entrepreneurs.