Review and comparison of wetland impacts and mitigation requirements between New Jersey,USA, Freshwater Wetlands Protection Act and Section 404 of the Clean Water Act

A review of wetland impacts authorized under the New Jersey Freshwater Wetlands Protection Act (FWPA) was conducted based on permitting data compiled for the period 1 July 1988 to 31 December 1993. Data regarding the acreage of wetlands impacted, location of impacts by drainage basin and watershed, and mitigation were analyzed. Wetland impacts authorized and mitigation under New Jersey's program were evaluated and compared with Section 404 information available for New Jersey and other regions of the United States.Under the FWPA, 3003 permits were issued authorizing impacts to 234.76 ha (602.27 acres) of wetlands and waters. Compensatory mitigation requirements for impacts associated with individual permits required the creation of 69.20 ha. (171.00 acres), and restoration of 16.49 ha (40.75 acres) of wetlands. Cumulative impacts by watershed were directly related to levels of development and population growth.The FWPA has resulted in an estimated 67% reduction [44.32 ha (109.47 acres) vs 136.26 ha (336.56 acres)] in annual wetland and water impacts when compared with Section 404 data for New Jersey. For mitigation, the slight increase in wetland acreage over acreage impacted is largely consistent with Section 404 data.Based on this evaluation, the FWPA has succeeded in reducing the level of wetland impacts in New Jersey. However, despite stringent regulation of activities in and around wetlands, New Jersey continues to experience approximately 32 ha (79 acres) of unmitigated wetland impacts annually. Our results suggest that additional efforts focusing on minimizing wetland impacts and increasing wetlands creation are needed to attain a goal of no net loss of freshwater wetlands.     

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.     

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.     

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.     

Diversity of hydric soils in North Carolina,USA

Hydric soils are used as supportive evidence for wetland delineations by federal and state agencies and by the private sector in North Carolina, USA. An analysis of hydric soil distribution and hydric soil characteristics was conducted with county soil surveys and soil taxonomy of the USA. Approximately 100 hydric soils have been used for soil mapping in North Carolina, and they represent seven of the ten soil orders in soil taxonomy. An estimated 23% (2.9 million ha) of the land surface area in North Carolina supports hydric soils. Approximately 96% of the known hydric soil acreage was found in the coastal plain of North Carolina. Over one-third of the soils were hydric Ultisols, which represented close to 10% of the land surface area. The other soil orders with extensive hydric soil acreage included Histosols, Inceptisols, and Entisols. The soil orders were separated into great groups of soil taxonomy to discuss soil profile characteristics. Landscape positions and associated wetland communities were also presented. In North Carolina, a statewide inventory of wetlands does not exist and soil surveys offer a resource for a first approximation of wetland boundaries.     

Wetland protection as land-use planning: The impact of section 404 in Wisconsin,USA

The ability of Section 404 of the Clean Water Act to act as an effective, efficient, and equitable land-use planning tool was assessed through a survey of Section 404 permits in Wisconsin. In a six-month period of permitting, the 404 program reduced wetland losses in the state by 15%. Several factors were examined that may affect permit decisions; these factors are water dependency, alternatives, project type, wetland type, and public or agency comments. Only the water dependency of the project had a statistically significant effect on permit decisions, although development projects that were perceived to provide public good were more likely to be permitted. Environmental impacts of a proposed fill project were not adequately assessed in any of the permit decisions. Because of the way Section 404 is interpreted and administered by the US Army Corps of Engineers, increasing net benefits and achieving an equitable distribution of those benefits is difficult. The corps does not perform any functional evaluations of wetlands nor do they attempt to measure economic value and environmental impacts. In addition, the 404 review process is, in effect, inaccessible to the public. The de facto interpretations of the Section 404 regulations and a lack of program funding and trained personnel all contribute to the program's ineffectiveness.     

Policy and reality of Environmentally Sensitive Areas in Whitman County,Washington, USA

The Washington State Environmental Policy Act (SEPA) promotes the conservation of natural resources through procedural review of proposed actions which may impact natural systems. There are, however, many actions specifically exempt from the SEPA review process. Since many exempt actions could have significant adverse effects on natural resources at one location and not another, the SEPA statute contains a provision that enables local governments to designate Environmentally Sensitive Areas (ESAs). Within the ESAs, these potentially adverse activities are subject to SEPA review. Local governments have complete control over the exact definition of the ESA criteria and the types of local projects exempt from SEPA. Whitman County, the most productive wheat-producing county in Washington, has recognized the need for conservation of its natural resources in its comprehensive plan but has not implemented the ESA provision. A representative watershed within Whitman County was used as a case study to identify areas which would qualify for ESA status. In these areas, specific soil, water, and biological characteristics or resources were identified as sensitive to certain common land uses. Significant differences were found between state and county policies regarding ESAs and actual conditions within the watershed. It may be more effective for the state to manage ESAs on a consistent and regional basis.     

Comparison of Hydrology of Wetlands in Pennsylvania and Oregon (USA) as an Indicator of Transferability of Hydrogeomorphic (HGM) Functional Models Between Regions

The hydrogeomorphic (HGM) approach to wetland classification and functional assessment is becoming more widespread in the United States but its use has been limited by the length of time needed to develop appropriate data sets and functional assessment models. One particularly difficult aspect is the transferability among geographic regions of specific models used to assess wetland function. Sharing of models could considerably shorten development and implementation of HGM throughout the United States and elsewhere. As hydrology is the driving force behind wetland functions, we assessed the comparability of hydrologic characteristics of three HGM subclasses (slope, headwater floodplain, mainstem floodplain) using comparable long-term hydrologic data sets from different regions of the United States (Ridge and Valley Province in Pennsylvania and the Willamette Valley in Oregon). If hydrology by HGM subclass were similar between different geographic regions, it might be possible to more readily transfer extant models between those regions. We found that slope wetlands (typically groundwater-driven) had similar hydrologic characteristics, even though absolute details (such as depth of water) differed. We did not find the floodplain subclasses to be comparable, likely due to effects of urbanization in Oregon, regional differences in soils and, perhaps, climate. Slight differences in hydrology can shift wetland functions from those mediated by aerobic processes to those dominated by anaerobic processes. Functions such as nutrient cycling can be noticeably altered as a result. Our data suggest considerable caution in the application of models outside of the region for which they were developed.     

Characterizing the Extent of Spatially Integrated Floodplain and Wetland Systems in the White River,Indiana, USA

Floodplain delineation may inform protection of wetland systems under local, state, or federal laws. Nationally available Federal Emergency Management Agency Flood Insurance Rate Maps (FIRMs, “100‐year floodplain” maps) focus on urban areas and higher‐order river systems, limiting utility at large scales. Few other national‐scale floodplain data are available. We acquired FIRMs for a large watershed and compared FIRMs to floodplain and integrated wetland area mapping methods based on (1) geospatial distance, (2) geomorphic setting, and (3) soil characteristics. We used observed flooding events (OFEs) with recurrence intervals of 25‐50 to >100 years to assess floodplain estimate accuracy. FIRMs accurately reflected floodplain areas based on OFEs and covered 32% of river length, whereas soil‐based mapping was not as accurate as FIRMs but characterized floodplain areas over approximately 65% of stream length. Geomorphic approaches included more areas than indicated by OFE, whereas geospatial approaches tended to cover less area. Overall, soil‐based methods have the highest utility in determining floodplains and their integrated wetland areas at large scales due to the use of nationally available data and flexibility for regional application. These findings will improve floodplain and integrated wetland system extent assessment for better management at local, state, and national scales.     

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.     

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.     

Environmental Control and Limnological Impacts of a Large Recurrent Spring Bloom in Lake Washington,USA

A series of statistical analyses were used to identify temporal and spatial patterns in the phytoplankton and nutrient dynamics of Lake Washington, an mesotrophic lake in Washington State (USA). These analyses were based on fortnightly or monthly samples of water temperature, Secchi transparency, ammonium (NH₄), nitrate (NO₃), inorganic phosphorus (IP), total nitrogen (TN), total phosphorus (TP), dissolved oxygen (DO), pH and chlorophyll a (chl a) collected during 1995–2000 from 12 stations. Lake Washington has a very consistent and pronounced annual spring diatom bloom which occurs from March to May. During this bloom, epilimnetic chl a concentrations peak on average at 10 μg/L, which is 3 times higher than chl a concentrations typically seen during summer stratified conditions. The spring bloom on average comprised 62% diatoms, 21% chlorophytes and 8% cyanobacteria. During summer stratification, diatoms comprised 26% of the phytoplankton community, chlorophytes 37% and cyanobacteria 25%. Cryptophytes comprised approximately 8% of the community throughout the year. Overall, 6 phytoplankton genera (i.e., Aulacoseira, Fragilaria, Cryptomonas, Asterionella, Stephanodiscus, and Ankistrodesmus) cumulatively accounted for over 50% of the community. These analyses also suggest that the phytoplankton community strongly influences the seasonality of NO₃, IP, DO, pH and water clarity. According to a MANOVA, seasonal fluctuations explained 40% of the total variability for the major parameters, spatial heterogeneity explained 10% of variability, and the seasonal-spatial interaction explained 10% of variability. Distinctive patterns were identified between offshore and inshore sampling stations. The results of our analyses also suggest that spatial variability was substantial, but much smaller than temporal variability.     

Local government policies toward environmentally sensitive areas in British Columbia,Canada; Washington and Oregon,USA

While there has been sustained debate on the issue of provincial and state versus local government environmental planning, maintaining privately owned natural resources in the public interest is increasingly viewed as beyond the scope of local governments alone. This paper describes and compares province- and state-level mandates and options for local governments (i.e., city, county, or district) to regulate land uses of environmentally sensitive areas (ESAs) in British Columbia in Canada and in Washington and Oregon in the United States. We define ESAs as landscape elements or places that are vital to the long-term maintenance of biological diversity, soil, water, and other natural resources, especially as they relate to human health, safety, and welfare, both on-site and in a regional context. Underlying similarities are that all three jurisdictions legally express the need for land-use planning by local governments in managing ESAs. Although all three jurisdictions exhibit similar problems in their attempt to accomplish this, ESA planning by local governments is an optional process in British Columbia and Washington but mandatory in Oregon. Furthermore, actual processes prescribed by each of the three jurisdictions are quite different. The information base upon which local regulation of privately held ESAs depends is variable, both within and between the province- and statelevel jurisdictions. Other than for some specific water-related resources, standard definitions and inventory methods for ESAs are lacking, as is coordination among local governments or among the province- and state-level governments. This study concludes that there is a need for a regional environmental information system in the Pacific Northwest based upon an integrated and scientific approach toward ESA structures and functions.     

Performance Criteria, Compliance Success, and Vegetation Development in Compensatory Mitigation Wetlands

The US Army Corps of Engineers often requires wetland creation or restoration as compensation for wetlands damaged during development. These wetlands are typically monitored postconstruction to determine the level of compliance with respect to site-specific performance standards. However, defining appropriate goals and measuring success of restorations has proven difficult. We reviewed monitoring information for 76 wetlands constructed between 1992 and 2002 to summarize the performance criteria used to measure progress, assess compliance with those criteria, and, finally, to evaluate the appropriateness of those criteria. Goals were overwhelmingly focused on plant communities. Attributes used to assess the quality of restored plant communities, including percent native species and the Floristic Quality Index, increased over time but were apparently unrelated to the number of species planted. Compliance frequencies varied depending on site goals; sites often failed to comply with criteria related to survival of planted vegetation or requirements that dominant plant species should not be exotic or weedy, whereas criteria related to the establishment of cover by vegetation or by wetland-dependent plants were often met. Judgment of a site’s success or failure was largely a function of the goals set for the site. Some performance criteria were too lenient to be of value in distinguishing failed from successful sites, whereas other criteria were unachievable without more intensive site management. More appropriate goals could be devised for restored wetlands by basing performance standards on past performance of similar restorations, identifying consistent temporal trends in attributes of restored sites, and using natural wetlands as references.     

Isolated Spring Wetlands in the Great Basin and Mojave Deserts,USA: Potential Response of Vegetation to Groundwater Withdrawal

Desert springs, often the sole sources of water for wildlife and cattle, support wetland and wetland/upland transition ecosystems including rare and endemic species. In the basin and range province in Nevada, USA, springs in the Great Basin and Mojave deserts are sustained by interconnected deep carbonate and shallow basin-fill aquifers which are threatened by proposed groundwater withdrawal to sustain rapidly expanding urban areas, a common problem in arid regions worldwide. This paper draws on historic groundwater data, groundwater modeling, and studies of environmental controls of spring ecosystems to speculate on the potential effects of groundwater withdrawal and water table decline on spring-supported vegetation. The focus is on springs in the Great Basin and Mojave deserts representative of those that may be affected by future, planned groundwater withdrawal. Groundwater withdrawal is expected to reduce spring discharge directly through reduced flows from the shallow basin-fill aquifer or through reduction of the hydraulic head of the deep carbonate aquifer. This flow reduction will truncate the outflow stream, reducing the areal cover of wetland and wetland/upland transition vegetation. Lowering the local water table may also reduce the amount of upland phreatophytic vegetation by causing water levels to drop below plant rooting depths. Percolation of salts to surface soils may be reduced, eventually altering desert shrub cover from halophytes to nonhalophytes. The extent of these effects will vary among springs, based on their distance from extraction sites and location relative to regional groundwater flow paths. On-site monitoring of biotic variables (including cover of selected hygrophytes and phreatophytes) should be a necessary complement to the planned monitoring of local hydrologic conditions.