The Development of Oregon s Aquatic Resource Mitigation Framework

Transcription

1 The Development of Oregon s Aquatic Resource Mitigation Framework Bill Ryan Assistant Director, Aquatic Resource Management Oregon Department of State Lands 30 March 2016 Project support is provided through EPA Wetland Program Development Grants Photo credit: Bruce Taylor

2 Regulation of Waters In Oregon Compensatory Mitigation In Oregon Federal Program Dredge and fill of waters of the US are permitted by the Army Corps of Engineers under Clean Water Act Section 404 State Program DSL requires a permit for most projects that remove or fill materials in waters of the state under the Oregon s Removal-Fill Law (ORS ).

3 A Watershed-Based Approach to Mitigation in Oregon Final 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, ILF, permitee-responsible)

4 A Watershed-Based Approach to Mitigation in Oregon Oregon Removal-Fill Program Rule Compensatory mitigation is required for unavoidable impacts to waters of the state. Compensatory mitigation should fulfill principal objectives, including replacement of functions and values lost at the impact site. Use of a functions and values assessment to document replacement.

5 Mitigation In Oregon Desire for better mitigation outcomes Consistency between wetlands and waterway mitigation Better tools and guidance for mitigating waterway (river and stream) impacts Replace functions and values; not only area Permit decisions made in a watershed context Consistency for all types of mitigation Consistency between DSL and Corps regulatory programs

6 Mitigation Program Goal Aquatic Resource Mitigation Program for Oregon: Statewide program covering all aquatic resources that defines a watershed approach and uses function-based assessments to quantify compensatory mitigation requirements.

7 A Watershed-Based Approach to Mitigation in Oregon Anticipated Benefits Improved environmental outcomes Identify best opportunities for successful mitigation Improve regulatory transparency, consistency, and timeliness

8 Program Development Development includes technical information and policy for program elements PROGRAM ELEMENTS Function Assessment Tools Site Selection Eligibility Service areas Credit/debit accounting Performance Standards Monitoring Requirements Stewardship Program Effectiveness

9 Function-based Assessment Tools A more function-based mitigation approach in Oregon is based on two function-based assessment methodologies: Oregon Rapid Wetland Assessment Protocol (ORWAP) measures functions and values of wetlands Stream Functional Assessment Method (SFAM) measures functions and values of rivers and streams Criteria for Function-based Assessments Science-based Function-based Rapid Repeatable Applicable across all stream and wetland types

10 Function-based Assessment Tools Conceptual Framework Function - the processes that create and support an aquatic ecosystem Value - the ecological & societal benefits that aquatic ecosystems provide

11 Oregon Rapid Wetland Assessment Protocol (ORWAP) CATEGORY (Group) Hydrologic Water Quality Support Fish Support Aquatic Support Terrestrial Support Water Storage & Delay Sediment Retention & Stabilization Anadromous Fish Habitat Aquatic Invertebrate Habitat Songbird, Raptor & Mammal Habitat FUNCTIONS/VALUES Phosphorus Retention Nitrate Removal & Retention Thermoregulation Nonanadromous Fish Habitat Amphibian & Reptile Habitat Waterbird Feeding Habitat Waterbird Nesting Habitat Native Plant Diversity Pollinator Habitat Organic Matter Export

12 Web-based User Interface

13 Stream Function Assessment Method (SFAM) CATEGORY (Group) Hydrologic Geomorphic Biologic Chemical/Nutrient FUNCTIONS/VALUES Surface Water Storage Sub/surface Transfer Flow Variation Sediment Continuity Substrate Mobility Maintain Biodiversity Create Habitat Aquatic/Riparian Sustain Trophic Structure Nutrient Cycling Chemical Regulation Thermal Regulation

14 Web-based User Interface

15 Use of assessment scores in mitigation Informs avoidance and minimization steps Determines replacement through compensatory mitigation Two-step Process: 1. Match impact site to mitigation site. (Eligibility) 2. Quantify debits and credits for each site. (Credit Quantification, credit/debit )

16 Eligibility Can functions and values be replaced inkind at the preferred mitigation site? o Policy decision: What level of function must be replaced? Function-level matching Group-level matching

17 Oregon Rapid Wetland Assessment Protocol (ORWAP) CATEGORY (Group) Hydrologic Water Quality Support Fish Support Aquatic Support Terrestrial Support Water Storage & Delay Sediment Retention & Stabilization Anadromous Fish Habitat Aquatic Invertebrate Habitat Songbird, Raptor & Mammal Habitat FUNCTIONS/VALUES Phosphorus Retention Nitrate Removal & Retention Thermoregulation Nonanadromous Fish Habitat Amphibian & Reptile Habitat Waterbird Feeding Habitat Waterbird Nesting Habitat Native Plant Diversity Pollinator Habitat Organic Matter Export

18 Function Level Fingerprint Matching Function Level Matching Model Impact Site Mitigation Site Site Comparison A B C D E F G H Grouped Function Hydrologic Function Water Quality Group Habitat Max Scoring Function Max Function Score (Funct Imp) Corresponding Value Score (Value Imp) Water Storage and Delay Sediment Retention & Stabilization Anadramous Fish Habitat Matched Function Water Storage and Delay Mitigation Function Score (Funct Mit) Mitigation Value Score (Value Mit) Funct Mit- Funct Imp Value Mit- Value Imp Sediment Retention & Stabilization Anadramous Fish Habitat This method matches the function scores for the same ecological function for each group. Note that only three grouped functions are demonstrated here.

19 Alternative Matching Options: Group Level Matching Group Level Matching Model Impact Site Mitigation Site Site Comparison A B C D E F G H Grouped Function Max Scoring Function Max Function Score (Funct Imp) Correspondin g Value Score (Value Imp) Max Scoring Function Mitigation Max Scoring Function (Funct Mit) Corresponding Value Score (Value Mit) Funct Mit- Funct Imp Value Mit- Value Imp Hydrologic Function Water Quality Group Habitat Water Storage and Delay Sediment Retention & Stabilization Anadramous Fish Habitat Water Storage and Delay Nitrate Removal and Retention Anadramous Fish Habitat This alternative allows matches of function scores within a functional group, not necessarily on the specific ecological function. Note that only three grouped functions are demonstrated here.

20 Eligibility Is out-of-kind replacement appropriate? Policy decision: What criteria support a watershed approach? o o o Replaces other f/v that address problems in the watershed that are identified in a watershed management plan/water quality management plan Replaces important habitat types and f/v disproportionately lost in the region Replaces rare or uncommon plant communities (OR Natural Heritage Program)

21 Credit-Debit Accounting Credit: a measure of the increase in the functions and values of the water resources of this state achieved at a mitigation site. Debit: a measure of the decrease in the functions and values of the water resources of this state lost at a mitigation site. Each calculated as functional unit * areal unit Mitigation is achieved when credits fully offset debits

22 Credit-Debit Quantification Potential models being evaluated Use raw (0-10) scores from function-based assessments, 1. Add across grouped functions and divide by the maximum potential score, or use the highest function score; then 2. Multiply by acres or develop new ratios.

23 Policy Considerations Level of effort required Balance improving environmental outcomes with other programmatic objectives. Consider limitations in rapid assessment methods. Support mitigation banking, including honoring existing agreements.

24 A Watershed-Based Approach to Mitigation in Oregon Agency & Technical Engagement Stakeholder Engagement Assessment (Watershed + Site Level) Program Elements Program Policy Implementation Streams Wetlands