RECENT AND ONGOING WATERSHED MANAGEMENT PROGRAMS AND INITIATIVES

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1 SEWRPC Community Assistance Planning Report No. 316 A WATERSHED RESTORATION PLAN FOR THE ROOT RIVER WATERSHED Chapter III RECENT AND ONGOING WATERSHED MANAGEMENT PROGRAMS AND INITIATIVES The Root River Watershed Restoration Plan is designed to serve as a practical guide over the period 2014 through 2018 for the management of both the water resources within the Root River watershed and the land surfaces that drain directly and indirectly to the waterbodies of the watershed. It refines and details the recommendations of the Southeastern Wisconsin Regional Planning Commission s (SEWRPC) regional water quality management plan update for the greater Milwaukee watersheds 1 (RWQMPU) to provide specific, targeted recommendations to address four focus issues: water quality, recreational access and use, habitat conditions, and flooding. While this plan represents a refinement of the RWQMPU as it relates to the Root River watershed, it must be recognized that findings and recommendations of a number of other planning efforts and goals and objectives of actions undertaken by a number of recent, current, and ongoing natural resource management programs and efforts also bear upon the focus issues addressed by this plan. In order to promote effective and sound management of land and water resources, it is important that management activities be conducted in a coordinated manner that takes into account both the needs of the watershed and the objectives and goals of the various programs, initiatives, and efforts involved in natural resource management within the watershed. Achieving this coordination requires that the findings and recommendations of these other plans and the goals and objectives of these other management programs and efforts be taken into account in the design of this watershed restoration plan. Where those goals and objectives are consistent with the RWQMPU and where they address the focus issues for this watershed restoration plan, it may be desirable to integrate them into this plan. Thus an important step to be undertaken is the inventory, collation, and review of the recommendations of relevant previously prepared reports and plans and of relevant recent, current, and ongoing management programs and efforts. This chapter presents a summary of that review. RELATIONSHIP TO OTHER PLANS There are a number of plans which address the natural resources of the Root River watershed. These plans include recommendations and programs which address the interconnectedness of the natural resources of this watershed with those of the towns, villages, cities, and counties within the watershed and which focus on the importance of natural resources at the community level. Elements of these plans directly or indirectly address the focus issues which constitute the emphasis of this plan. 1 SEWRPC Planning Report No. 50, A Regional Water Quality Management Plan Update for the Greater Milwaukee Watersheds, December PRELIMINARY DRAFT 1

2 The plans that were collated and reviewed for input into this current planning effort were relevant to actions undertaken or potentially to be undertaken by a variety of entities, including county and local governments, special purpose units of government, and community groups. They included plans that were drafted to specifically address the Root River watershed, as well as regional and subregional plans that include the Root River watershed as a portion of their area of interest. Selected plans prepared at the local level were considered, including local comprehensive plans, land use plans, park and open space plans, lake and water quality management plans, and sewer service area plans for individual communities or special-purpose units of government. Because a goal of this planning effort is to develop specific, targeted recommendations for the Root River watershed, this review also included consideration of plans that have relatively narrow scopes. Examples of these include management plans pertaining to particular parks or wildlife areas. The identified, pertinent plan reports, which are described below, are listed in Table III-1. They provide the basis for developing an integrated scheme for the restoration and sustainable management of the natural resources of the Root River watershed through the coordinated efforts of State, county, and local governments, special purpose units of government, and community groups. Land Use Plans The socioeconomic factors that determine growth in a large urbanizing region, such as Southeastern Wisconsin, operate on an areawide basis, transcending both political and natural watershed boundaries. Because of this, the land use plans for a watershed and for portions of a watershed within such a region must be set within the framework of an areawide, or regional, land use plan. The regional land use plan for the year 2035 was adopted by the Commission in It is documented in SEWRPC Planning Report No. 48, A Regional Land Use Plan for Southeastern Wisconsin: This plan is a fifth generation plan that updates and revises previous regional land use plans that had design years of 1990, 2000, 2010, and The regional land use plan provides a longrange guide to land use development and open space preservation in the Southeastern Wisconsin Region. The plan provides a basis for other elements of the regional plan, including the regional transportation plan, park and open space plan, water quality management plan, and water supply plan. The regional land use plan is also intended to serve as a framework for county and local comprehensive planning within the Region. The regional land use plan seeks to encourage the centralization of urban development to the greatest degree practicable; to encourage new urban development to occur in locations and at densities consistent with the economical provision of public, centralized sanitary sewer, water supply, and mass transit facilities and services; and to encourage new urban development only in areas which are not subject to such special hazards such as flooding and which are covered by soils well suited to urban use. The regional land use plan has been refined and detailed locally through the preparation and adoption of local land use and comprehensive plans. In 1999, the Wisconsin Legislature enacted legislation that greatly expanded the scope and significance of comprehensive plans within the State. The legislation, often referred to as the State s Smart Growth law, provides a new framework for the development, adoption, and implementation of comprehensive plans by regional planning commissions and by county, city, village, and town units of government. The law is set forth in Section of the Wisconsin Statutes. The law has been amended periodically, most recently in June 2010 through enactment of 2009 Wisconsin Act 372. The law does not require the adoption of county and local comprehensive plans. However, Section (3) of the Statutes requires that county and local general zoning ordinances; county, city, and village shoreland and floodplain zoning ordinances; county and local subdivision ordinances, and local official mapping ordinances enacted or amended on or after January 1, 2010, be consistent with the comprehensive plan adopted by the unit of government enacting or amending an ordinance. With the exception of Milwaukee County, all of the counties and municipalities in the Root River watershed have either prepared and adopted independent comprehensive plans, adopted multijurisdictional county-local comprehensive plans as their comprehensive plan, or adopted local plans that were prepared as part of a county-local multi-jurisdictional process. 2 2 Because all of the municipalities in Milwaukee County are incorporated as either cities or villages, the County has not prepared or adopted a comprehensive plan. 2 PRELIMINARY DRAFT

3 The City of Racine, in cooperation with several partners including the Downtown Racine Council, the River Alliance of Wisconsin, and the Root River Council, has developed a series of plans addressing redevelopment of the City s downtown area. 3 The major emphasis of this series of plans is downtown redevelopment; however, they each contain recommendations that address issues relating to three of the focus areas of this watershed restoration plan: water quality, recreational access and use, and habitat conditions. Stormwater Drainage, Stormwater Management, and Flood Mitigation Plans A number of counties, municipalities, and special purpose units of government in the Root River watershed have developed plans to address stormwater drainage, stormwater management, and or flood control issues within their jurisdictions. The distinction among stormwater drainage, stormwater management, and flood control are not always clear. For the purposes of this report, flood control is defined as the prevention of damage from the overflow of natural streams and watercourses. Stormwater drainage is defined as the control of excess stormwater on the land surface before such water has entered stream channels. The term stormwater management encompasses stormwater drainage, nonpoint source pollution control measures, and measures to mitigate the impacts of increased stormwater runoff on the receiving riparian and aquatic environment in stream channels. The comprehensive watershed plan for the Root River watershed included recommendations for flood control. 4 The Milwaukee Metropolitan Sewerage District s (MMSD) responsibilities for stormwater management planning are carried out within explicit policy guidelines set forth by the governing body of the District, as well as within the context of a watercourse management plan consistent with those policies. The MMSD program consists of two parts: a policy plan 5 and watercourse management plans for the watersheds which contain streams for which the District has jurisdiction. 6 The policy plan identifies the streams and watercourses for which the MMSD has assumed jurisdiction for the resolution of drainage and flood control problems, makes recommendations regarding the types of improvements for which the MMSD should assume responsibility, and makes recommendations regarding how costs are to be shared. The watercourse system plan identifies the types, general locations, and horizontal and configurations of needed flood mitigation and stream rehabilitation facilities within the District s jurisdiction. The following streams and Rivers within the watershed were studied under the MMSD watercourse planning program, and flood mitigation measures were identified for all but Tess Corners Creek and 104th Street Branch, neither of which has identified hazards to structures during floods with annual probabilities of occurrence of 1 percent or more: Upper North Branch of the Root River and Hale Creek, Lower North Branch of the Root River, East Branch of the Root River, Whitnall Park Creek, including the North and Northwest Branches of Whitnall Park Creek, 3 Downtown Racine Corporation and the City of Racine, Racine Downtown Plan, 2005; Root River Council and River Alliance of Wisconsin, Back to the Root: An Urban River Revitalization Plan, July 2008; and Root River Council, City of Racine, and River Alliance of Wisconsin, RootWorks-Revitalizing Racine s Urban River Corridor, July 2, SEWRPC Planning Report No. 9, A Comprehensive Plan for the Root River Watershed, July SEWRPC Community Assistance Planning Report No. 130, A Stormwater Drainage and Flood Control Policy Plan for the Milwaukee Metropolitan Sewerage District, March Camp Dresser & McKee, Inc., Root River Phase I Watercourse System Management Plan, August PRELIMINARY DRAFT 3

4 Crayfish Creek, including the Caledonia Branch of Crayfish Creek, Tess Corners Creek, and An unnamed tributary to the Root River identified as the 104th Street Branch. The MMSD watercourse system planning program is an update to an initial stormwater drainage and flood control system plan prepared for MMSD by SEWRPC. 7 Several local stormwater management plans cover portions of the Root River watershed. These plans contain specific recommendations regarding nonpoint source water pollution control and the collection, conveyance, and storage of stormwater and. They are listed in Table III-1. Finally, all four counties in the Root River watershed have developed multi-jurisdictional hazard mitigation plans. These plans include recommendations for mitigating the impacts of flooding. With one exception, all of the municipalities in the watershed are covered under their respective county s plan. The City of Milwaukee has developed and adopted its own hazard mitigation plan. These plans are also listed in Table III-1. Sanitary Sewer Service Area Plans Sanitary sewer service area plans identify the boundary of the area to which sanitary sewer service may be extended. The plans also identify the extent of environmentally sensitive lands within each sewer service area, wherein sanitary sewer extensions will be approved only on a special exception basis. These sensitive lands include all primary environmental corridors and those portions of secondary environmental corridors and isolated natural resource areas comprised of wetlands, one-percent-annual-probability floodplain, shoreland areas, and areas with slope of 12 percent or greater. Within these areas, sewered development is confined to limited recreational and institutional uses and rural-density (one dwelling unit per five acres) residential development in upland areas. Currently, much of the watershed is contained within planned sewer service areas. Planned sewer service areas include the northern, southeastern, and southwestern portions of the watershed. The planned sewer service areas are described in Chapter IV of this report. Environmental Management Plans Regional Water Quality Management Plan In 1979, SEWRPC completed and adopted an areawide water quality management plan for the seven-county Southeastern Wisconsin Region as a guide to achieving clean and healthy surface waters within the Region. 8 The plan was designed, in part, to meet the mandate of the Federal Clean Water Act that the waters of the United States be made fishable and swimmable to the extent practicable. With respect to the Root River watershed, a major issue that this plan addressed was the fact that water quality in the Root River watershed often failed to meet the adopted or recommended water quality criteria for dissolved oxygen, fecal coliform bacteria, ammonia, and phosphorus. In general, water quality in the watershed was described as being poor to fair. For each of the 11 subwatersheds in the watershed, the plan identified the pollutant load reductions required in order for water quality to meet the applicable water quality criteria. Subsequently, SEWRPC completed a report documenting the updated content and implementation of the regional water quality management plan. 9 This status report also 7 SEWRPC Community Assistance Planning Report No. 152, A Stormwater Drainage and Flood Control System Plan of the Milwaukee Metropolitan Sewerage District, December SEWRPC Planning Report No. 30, A Regional Water Quality Management Plan for Southeastern Wisconsin: 2000, Volume One, Inventory Findings, September 1978; Volume Two, Alternative Plans, February 1979; and Volume Three, Recommended Plan, June SEWRPC Memorandum Report No. 93, A Regional Water Quality Management Plan for Southeastern Wisconsin: An Update and Status Report, March PRELIMINARY DRAFT

5 documents the extent of progress which had been made toward meeting the water use objectives and supporting water quality standards set forth in the regional plan. The 2007 RWQMPU covered six watersheds, including the Root River watershed. The RWQMPU addressed three major elements of the regional water quality management plan: the land use element, the point source pollution abatement element, and the nonpoint source pollution abatement element. In addition, the updated plan included consideration of several issues that were not considered in the initial plan, including instream and riparian habitat conditions and groundwater management. The RWQMPU planning effort was conducted in conjunction and coordination with the development of the MMSD 2020 facilities plan. The recommendations of the RWQMPU pertaining to the Root River watershed and their implementation status are reviewed in detail in Chapter II of this report. Other Water Resources Plans that Address the Root River Watershed In addition to the updated regional water quality management plan, other water resources plans address the Root River watershed at the watershed scale. The Regional Planning Commission developed a comprehensive watershed plan for the Root River watershed in 1966 to assist in abating the water-related problems of the watershed through the staged development of multipurpose water-related facilities and related resource conservation and management programs. 10 This plan was developed with the recognition that problems such as stormwater management, flood control, and surface water quality can only be properly addressed within an areawide planning framework involving the cooperative efforts of the local governments which are contained wholly or partly within the watershed. This plan included the first delineation of floodplain boundaries along streams in the watershed. Recommendations were developed for land use, park and open space needs, and water quality management. While this plan is dated, some of its recommendations remain relevant. A priority watershed plan was prepared for the Root River watershed under the Wisconsin Nonpoint Source Water Pollution Abatement Program. 11 This plan sought to reduce the amount of nonpoint source pollution contributed from both rural and urban sources. Major recommendations of this plan included: Reduction of pollutant loads from urban nonpoint sources by 50 percent through the application of a number of practices, including septic system management programs; roadside, streambank, recreation and construction site erosion control; street sweeping; leaf collection; industrial and commercial site housekeeping; and public education, Reduction of pollutant loads from rural sources of 50 percent in the Root River Canal subwatershed and 25 percent from the rest of the Root River watershed through installation of agricultural best management practices (BMPs), and Installation of BMPs at specified sites to produce a 37 percent reduction in existing soil loss from the watershed as a whole. 10 SEWRPC Planning Report No. 9, op. cit. 11 SEWRPC Community Assistance Planning Report No. 37, A Nonpoint Source Water Pollution Control Plan for the Root River Watershed, March PRELIMINARY DRAFT 5

6 The Wisconsin Department of Natural Resources published two reports evaluating implementation of this plan. 12 The assessment of water quality that was part of this evaluation was based upon field observations of habitat and stream quality, changes in the abundance and distribution of fish species derived from past fisheries assessments, compilation and review of data from WDNR records and from records provided by county land conservation staff on the implementation of BMPs, and sampling of aquatic macroinvertebrates at five sites along the mainstem of the Root River and eight sites along tributary streams. Sampling of macroinvertebrates was conducted twice once after the beginning of plan implementation and again at the end of the implementation period. It is important to note that sample sites for the macroinvertebrate surveys that the WDNR conducted in 2011 included the sites sampled as part of this assessment. While evaluation of trends in water quality was hampered by the limited amount of data collected in the watershed prior to the implementation phase of the priority watershed plan, the evaluation of the plan made several findings. These included the findings that: The Root River continued to experience detrimental effects from rural and urban nonpoint source pollution, Biological data suggested both that there were water quality impairments within the watershed and that water quality was continuing to decline, and While improvements had occurred in land management within the watershed, the rate of participation in the installation of BMPs by landowners was much lower than projected. The evaluation concluded that the levels of participation by landowners in implementing BMPs and increasing land development within the watershed will probably preclude watershedwide improvements in water quality. As the State agency tasked with water resources management, the WDNR prepares basin-level plans that guide the application of State resources to the major drainage basins of the State. The Root River watershed is a part of the Root-Pike basin, which also contains the Oak Creek, the Pike River, and Pike Creek watersheds and the adjacent direct drainage area to Lake Michigan. The plan for the Root-Pike basin provided an overview of the land and water resource quality and identified challenges facing these resources in these watersheds and recommended actions to be taken by the WDNR and its partners. 13 It also summarized the codified and potentially achievable water use objectives for streams and lakes of the watersheds. The monitoring and management recommendations in this plan pertaining to the Root River watershed include: Encouraging the implementation of urban nonpoint source BMPs; Encouraging implementation of agricultural nonpoint source BMPs, including buffer strip development; Conducting baseline surveys on streams within the watershed; Assessing sediment delivery, sediment transport, and streambank erosion within the watershed; Evaluating, assessing, and improving aquatic and riparian habitat in cooperation with the MMSD and their ongoing flood management improvement projects; 12 M. Miller, J. Ball, and R. Kroner, An Evaluation of Water Quality in the Root River Priority Watershed, Wisconsin Department of Natural Resources Publication WR , January 1992; S.A. Rice, Root River Priority Watershed Project Final Report, Department of Natural Resources Publication WR , Wisconsin Department of Natural Resources, The State of the Root-Pike Basin, WDNR PUBL WT , May PRELIMINARY DRAFT

7 Conducting aquatic habitat and sediment assessments above and below Horlick Dam; Evaluating Horlick Dam for removal; Evaluating Hoods Creek Dam for removal; Evaluating and implementing aquatic habitat restoration and water quality improvement practices where practicable; Evaluating and implementing wetland restoration projects where practicable; and Assessing impacts and improvements to water quality within communities subject to NR 216, Storm Water Discharge Permits, municipal stormwater permitting requirements. County Land and Water Resource Management Plans The 1997 revisions to Chapter 92, Soil and Water Conservation and Animal Waste Management, of the Wisconsin Statutes required each county to develop a multi-year land and water resource management plan (LWRM) to conserve long-term soil productivity, protect the quality of related natural resources, enhance water quality, and focus on severe soil erosion problems. These plans address both rural and urban nonpoint source pollution problems. Chapter ATCP 50, Soil and Water Resource Management Program, of the Wisconsin Administrative Code contains details of the planning requirements. These plans serve as work plans for the counties land conservation departments. The Kenosha County LWRM Plan for was approved by the Kenosha County Board in August 2007 and the Wisconsin Land and Water Conservation Board in October This is a second-generation plan, updating the initial LWRM plan which was adopted in The LWRM plan is intended to guide the activities of the County Land and Water Conservation Department in its efforts to protect and improve land and water resources. The plan s goals include increasing overall education and awareness of natural resources, control of agricultural and urban nonpoint source pollution, more effectively controlling the infestation and spread of nonnative and invasive animal and plant species, protecting and preserving land and water resources, and increasing cooperation with local, State, and Federal partners. The Milwaukee County LWRM Plan for was approved by the Milwaukee County Board in June 2011 and the Wisconsin Land and Water Conservation Board in August This is a third-generation plan, updating the initial LWRM plan which was adopted in 2001 and an updated plan which was adopted in The LWRM plan is intended to guide the activities of the County Environmental Services Division in its efforts to protect and improve land and water resources. The plans goals include improving water quality through the reduction of sediment and nutrient delivery to surface waters; protecting, maintaining, and restoring land and water resources; enhancing Lake Michigan bluff protection initiatives; maintaining the existing information network and land information web portal; and limiting the introduction and reducing the spread of invasive species. 14 SEWRPC Community Assistance Planning Report No. 255, 2nd Edition, A Land and Water Resource Management Plan for Kenosha County: , October SEWRPC Community Assistance Planning Report No. 312, A Land and Water Resource Management Plan for Milwaukee County: , August PRELIMINARY DRAFT 7

8 The Racine County LWRM Plan for was approved by the Racine County Board in August 2007 and the Wisconsin Land and Water Conservation Board in October This is a second-generation plan, updating the initial LWRM plan which was adopted in The LWRM plan is intended to guide the activities of the County Land Conservation Division in its efforts to protect and improve land and water resources. The plan s goals include increasing overall education and awareness of natural resources, control of agricultural and urban nonpoint source pollution, more effectively controlling the infestation and spread of nonnative and invasive animal and plant species, protecting and preserving land and water resources, and increasing cooperation with local, State, and Federal partners. The Waukesha County LWRM Plan 2012 update was approved by the Waukesha County Board in July 2012 and the Wisconsin Land and Water Conservation Board in June This is a third-generation plan, updating the initial LWRM plan which was adopted in 1999 and an updated plan that was adopted in The LWRM plan outlines the conservation priorities for the Waukesha County Parks and Land Use, Land Resources Division for the next 10 years. Plan goals include controlling urban runoff pollution and flooding, protecting groundwater quantity and quality, controlling agricultural runoff pollution, educating the public on conservation issues, preserving targeted farmland and natural areas, supporting water quality monitoring, and reclaiming active nonmetallic mining sites. Regional Natural Areas and Critical Species Habitat Protection and Management Plan The regional natural areas and critical species habitat protection and management plan for the Southeastern Wisconsin was undertaken to identify the most significant remaining natural areas, including remnants of the pre- European-settlement landscape and other areas vital to the maintenance of endangered, threatened, and rare plant and animal species in the Region. 17 Under the plan, natural areas are defined as tracts of land or water so little modified by human activity, or which have sufficiently recovered from the effects of such activity, that they contain intact native plant and animal communities believed to be representative of the pre-european-settlement landscape. Critical species habitats are defined as additional tracts of land or water which support endangered, threatened, or rare plant or animal species. The plan recommends that each of the identified natural areas and critical species habitat sites be protected and preserved to the maximum extent practicable as urban and rural development in the Region proceeds. The plan provides descriptive information for each natural area and critical species habitat site, along with the recommended means for preservation. The plan was updated and revised in 2010 in a major plan amendment. 18 This amendment incorporated changes in the regional landscape, new findings concerning natural areas and critical species habitat sites, and updated recommendations for the protection of the identified natural areas and critical species habitat sites. The protection status of natural areas and critical species habitat sites in the Root River watershed is shown on Map II-4 and in Table II-4 in Chapter II of this report. Park and Open Space Plans This regional park and open space plan consists of two basic elements: an open space preservation element and an outdoor recreation element. 19 The open space preservation element consists of recommendations for the preservation of primary environmental corridors within the Region. The outdoor recreation element consists of a 16 SEWRPC Community Assistance Planning Report No. 259, 2nd Edition, A Land and Water Resource Management Plan for Racine County: , October SEWRPC Planning Report No. 42, A Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin, September SEWRPC, Amendment to the Natural Areas and Critical Species Habitat Protection and Management Plan for the Southeastern Wisconsin Region, December SEWRPC Planning Report No. 27, A Regional Park and Open Space Plan for Southeastern Wisconsin: 2000, November PRELIMINARY DRAFT

9 resource-oriented outdoor recreation plan providing recommendations for the number and location of large parks, recreation corridors to accommodate trail-oriented activities, and water-access facilities and an urban outdoor recreation plan providing recommendations for the number and distribution of local parks and outdoor recreational facilities required in urban areas of the Region. County-level park and open space plans have been prepared for all of the counties in the Region. These plans refine, detail, and extend the regional park and open space plan. Upon adoption by the Regional Planning Commission, the county plans serve as amendments to the regional park and open space plan. The county-level plans applicable to the Root River watershed are listed in Table III-1. Major recommendations related to the Root River watershed are set forth in the plans for Milwaukee and Racine Counties. These include: Extension of the recreational corridor along the mainstem of the Root River in both Milwaukee and Racine Counties, Public acquisitions of land to link sections of parkway along the River, mostly in the City of Franklin, and Additional public interest ownership along the mainstem of the River in Racine County. Park and open space plans have also been prepared, and in some cases updated, for several municipalities within the watershed. This work is conducted on an as-requested basis and in part is intended to help local governments meet Federal and State requirements for securing grants to help preserve park and open space land and develop recreational facilities. Local park and open space plans for communities in the Root River watershed are listed in Table III-1. Some jurisdictions have also developed management plans for specific parks or natural areas. These plans provide specific recommendations for management and restoration of sites. At least two of these plans have been developed in the Root River watershed: one for Grobschmidt Park in the Milwaukee County Parks System 20 and one for Nicholson Wildlife Center in the Village of Caledonia. 21 Planning relative to open space and greenway connection has also been conducted by MMSD. The District completed and adopted a conservation plan that identifies land parcels which are recommended to be protected for multiple purposes, including flood reduction potential and stormwater management benefits, as well as wildlife habitat, water quality, and recreational benefits. 22 The MMSD conservation plan identified 165 sites, including 42 high-priority sites, for protection through public acquisition or conservation easements, throughout the Menomonee River, Root River, and Oak Creek watersheds within the District. The District later adopted a greenway connection plan that identified potential greenway corridors connecting, and typically downstream of, 20 Milwaukee County Department of Parks, Recreation, and Culture, Grobschmidt Park Restoration and Management Plan, December 21, SEWRPC Community Assistance Planning Report No. 146, A Wildlife Habitat Management Plan for the Nicholson Wildlife Area, Town of Caledonia, Racine County, Wisconsin, May The Conservation Fund; Applied Ecological Services, Inc.; Heart Lake Conservation Associates; Velasco and Associates; and K. Singh and Associates, Conservation Plan, Technical Report Submitted to Milwaukee Metropolitan Sewerage District, October 31, PRELIMINARY DRAFT 9

10 the isolated parcels identified in the MMSD conservation plan. 23 This plan also synthesized the results of other related open space planning efforts undertaken in the MMSD area to date, resulting in a comprehensive Districtwide greenway connection plan having flood mitigation benefits as well as a wide range of other environmental benefits. Several of the linking parcels identified are along either the mainstem of the Root River or tributaries to the Root River. Lake Management Plans Lake management plans address a variety of issues related to the management of lakes and ponds. These plans can be developed to target specific issues, correct or manage current problems, or address the full range of management issues. Two plans address the management of lakes and ponds in the Root River watershed. The Milwaukee County pond and lagoon management plan is a plan for the 68 ponds, lakes, and lagoons owned and maintained by Milwaukee County. 24 This plan addresses several ponds in the watershed including Mud Lake, Scout Lake and several ponds in Whitnall Park, the Root River Parkway, and Oakwood Golf Course The plan contains assessments of erosion and aquatic plant problems and water quality data for some of the ponds. In addition, it inventories chemicals used for aquatic plant control in some of the ponds over the period General recommendations are made for all ponds. These recommendations include provision of riparian buffers, stabilization of shorelines, and water quality monitoring. The SEWRPC Kelly Lakes protection plan provides recommendations for lake and watershed management measures that contribute to the protection of water quality and the use of Upper and Lower Kelly Lakes. 25 Specific recommendations in this plan include land management and nonpoint source control measures within the watershed, in-lake aquatic plant management measures, and fisheries management measures. The plan also recommended a wetland restoration project that has since been implemented along the Upper Kelly Lake tributary. RECENT, CURRENT, AND ONGOING PROGRAMS AND INITIATIVES ACTIVE AND/OR AVAILABLE IN THE ROOT RIVER WATERSHED Conservation Programs There are several Federal, State, Local, and private conservation programs that help reduce soil erosion, enhance water supplies, improve water quality, increase wildlife habitat, and reduce damages caused by floods and other natural disasters. These programs can provide both funding and technical assistance for local activities and initiatives. Public benefits of these programs include enhanced natural resources that help sustain agricultural productivity and environmental quality while supporting continued economic development, recreation, and scenic beauty. Federal Programs Conservation Reserve Program The Conservation Reserve Program (CRP) is a voluntary program for agricultural landowners that provides annual rental payments and cost-share assistance to establish long-term, resource-conserving covers on eligible farmland. The CRP goals are to reduce soil erosion, protect the nation s ability to produce food and fiber, reduce 23 SEWRPC Memorandum Report No. 152, A Greenway Connection Plan for the Milwaukee Metropolitan Sewerage District, December Milwaukee County Environmental Services, Milwaukee County Pond and Lagoon Management Plan, June SEWRPC Memorandum Report No. 135, 2nd Edition, A Lake Protection Plan for Kelly Lakes, Milwaukee and Waukesha Counties, April PRELIMINARY DRAFT

11 sedimentation in streams and lakes, improve water quality, establish wildlife habitat, and enhance forest and wetland resources. It encourages farmers to convert highly erodible cropland or other environmentally sensitive areas to vegetative cover, such as a prairie-compatible, noninvasive forage mix; wildlife plantings; trees; filter strips; or riparian buffers. Farmers receive an annual rental payment for the term of the multi-year contract based on the agriculture rental value of the land, and up to 50 percent Federal cost sharing is provided to establish vegetative cover. These contracts typically have a term of 10 to 15 years. The program is administered by the Farm Services Agency (FSA), an agency of the U.S. Department of Agriculture (USDA). Technical assistance and support of this program is provided by the USDA s Natural Resource Conservation Service (NRCS) and county conservation departments. NRCS works with landowners to develop their application, and to plan, design, and install the conservation practices on the land. With the passage of the 2008 Federal Farm Bill, municipalities are no longer eligible to receive CRP payments. The municipally-owned CRP land enrolled prior to the 2008 Farm Bill, such as farmland owned by Milwaukee County, will continue to receive an annual rental rate until the CRP contracts for these parcels expire. Environmental Quality Incentives Program The Environmental Quality Incentives Program (EQIP) is a voluntary conservation program that supports agriculture and environmental quality as compatible goals. Through EQIP, farmers may receive financial and technical help with structural and management conservation practices on agricultural land. EQIP offers contracts through the NRCS for conservation practice implementation for periods ranging from one to 10 years, and it pays up to 75 percent of the costs of eligible conservation practices. Incentive payments and cost share payments may also be made to encourage a farmer to adopt land management practices such as nutrient management, manure management, integrated pest management, or wildlife habitat management. Wildlife Habitat Incentives Program The Wildlife Habitat Incentive Program (WHIP) is a voluntary program for developing or improving high-quality habitat that supports fish and wildlife populations of National, State, Tribal, and local significance. Through WHIP, the NRCS provides technical and financial assistance to private and Tribal landowners for the development of upland, wetland, aquatic, and other types of wildlife habitat. Land eligible for WHIP includes private agricultural land including cropland, grassland, rangeland, pasture, and other land determined by NRCS to be suitable for fish and wildlife habitat development, nonindustrial private forest land including rural land that has existing tree cover or is suitable for growing trees, and Tribal land. A WHIP plan of operations, which is required for the area covered in the application, becomes the basis for developing the WHIP cost-share agreement. Standard cost-share agreements between NRCS and the participant are for a minimum of one year after completion of the last conservation practice and they can extend up to 10 years. NRCS will reimburse up to 75 percent of the cost to install conservation practices for permanent priority fish and wildlife habitat. Participants are expected to maintain the cost-shared practices for their anticipated life spans. Up to 25 percent of WHIP funds will be available for long-term cost share agreements with periods of 15 years or longer to protect and restore essential plant and animal habitat. NRCS can pay up to 90 percent of the cost to install conservation practices under these long-term agreements. NRCS established the following national priorities for WHIP for Federal fiscal year 2012: Promoting the restoration of declining or important native fish and wildlife habitats; Protecting, restoring, developing, or enhancing 1) fish and wildlife habitat to benefit at-risk species, 2) declining or important habitats for aquatic wildlife species; and 3) important migration and other movement corridors for wildlife; and Reducing the impacts of invasive species on fish and wildlife habitats. PRELIMINARY DRAFT 11

12 Conservation Stewardship Program The Conservation Stewardship Program (CSP) is a voluntary program that encourages agricultural and forestry producers to address natural resource concerns by undertaking additional conservation activities and by improving and maintaining existing conservation systems. CSP provides financial and technical assistance to help producers conserve and enhance soil, water, air, and related natural resources on their land. Eligible lands include cropland, grassland, improved pastureland, range land, nonindustrial private forest land, and agricultural land under the jurisdiction of an Indian tribe. CSP pays participants for conservation performance, with higher performance resulting in higher payment levels. Nationally, CSP addresses natural resource concerns related to soil quality, soil erosion, water quality, water quantity, air quality, plant resources, animal resources, and energy. In each state, the program focuses on three to five of these priority concerns. For agricultural land in Wisconsin, the Federal fiscal year 2012 priority resource concerns are soil erosion, water quality, plants, and energy. The program is administered by the NRCS and requires participating producers to enter into renewable five-year contracts. Wetlands Reserve Program The Wetlands Reserve Program (WRP) is a voluntary program through the NRCS that offers landowners the opportunity to protect, restore, and enhance wetlands on their property. The program s goal is to achieve the greatest wetland functions and values with optimum wildlife habitat on those lands that are enrolled. It provides landowners with technical assistance and financial incentives and assistance to restore and enhance wetlands in exchange for retiring marginal agricultural land. Lands eligible for WRP are wetlands farmed under natural conditions; farmed wetlands; prior converted cropland; farmed wetland pasture; certain lands that have the potential to become a wetland as a result of flooding; rangeland, pasture, or forest production lands where the hydrology has been significantly degraded and can be restored; riparian areas which link protected wetlands; lands adjacent to protected wetlands that contribute significantly to wetland functions and values; and wetlands previously restored under a local, State, or Federal Program that need long-term protection. The program offers landowners three options: permanent conservation easements, 30-year conservation easements, and restoration cost-share agreements of a minimum 10-year duration. For permanent easements, the WRP provides an easement payment of up to the fair market value of the land concerned, and pays 100 percent of the costs of restoration. For 30-year easements, the WRP pays an easement payment of 75 percent of what would be paid for a permanent easement. In addition, the program pays 75 percent of restoration costs. For restoration cost-share agreements, the WRP pays up to 75 percent of restoration costs. Under the 2008 Federal Farm Bill, municipalities are no longer eligible for payments under WRP, but private landowners remain eligible. Under the easement options the USDA will pay all costs associated with recording the easement in the local land records office, including recording fees, charges for abstracts, survey and appraisal fees, and title insurance. Under the voluntary easement the landowner retains the rights to control of access, title and right to convey title, quiet enjoyment, undeveloped recreational uses, subsurface resources, and water rights. Grasslands Reserve Program The Grassland Reserve Program (GRP) is a voluntary program through the NRCS for landowners and operators to protect grazing uses and related conservation values by conserving grassland, including rangeland, pastureland, shrubland, and certain other lands. Participants voluntarily limit future development and cropping uses of the land while retaining the right to conduct common grazing practices and operations related to the production of forage and seed. The program offers eligible landowners and operators two options: permanent easements and rental contracts of 10-year, 15-year, or 20-year duration. For permanent easements, the GRP offers compensation up to the fair market value of the land concerned less the grazing value of the land. For rental contracts, the GRP provides annual payments of 75 percent of the grazing value established by the Federal Farm Service Agency, up to $50,000 to a single person or legal entity. Certain grassland easements or rental contracts may also be eligible for cost-share assistance of up to 50 percent of the cost to reestablish grassland functions and values where land has been degraded or converted to other uses. Payments of this cost-share assistance may not exceed $50,000 per year to a single person or legal entity. A grazing management plan is required for participants. 12 PRELIMINARY DRAFT

13 Resource Conservation and Development The Resource Conservation and Development (RC&D) program was established by the Federal Agricultural Act of This act directs the USDA to help units of government conserve and properly utilize all resources in solving local issues. Wisconsin has seven RC&Ds, covering all Wisconsin counties. All four counties in the Root River watershed are members of the Town and Country RC&D area. This RC&D was organized to cover 13 counties in southeastern Wisconsin. The Town and Country RC&D helps to facilitate the development and coordination of existing and innovative projects, and to assist in finding funding to implement them. Town and Country RC&D has helped promote agricultural, energy, water quality, and educational projects and programs throughout the Region. The Pittman-Robertson Wildlife Restoration Program The Pittman-Robertson Wildlife Restoration Program through the U.S. Fish and Wildlife Service provides grants to State fish and wildlife agencies for projects to restore, conserve, manage, and enhance wildlife and wildlife habitat. This program provides 75 percent Federal cost-share assistance for eligible projects and requires a 25 percent match from nonfederal sources. Eligible projects include identification, restoration, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife. The State Wildlife Grants Program The U.S. Fish and Wildlife Service through the State Wildlife Grants Program provides Federal grant funds to state fish and wildlife agencies for the development and implementation of projects for the benefit of fish and wildlife and their habitats, including species that are not hunted or fished. Priority is placed on projects that protect species of greatest conservation concern. Two types of grants are made under this program: planning grants and implementation grants. Planning grants provide up to 75 percent Federal cost-share assistance for eligible projects and require a 25 percent match from nonfederal sources. Implementation grants under this program provide up to 50 percent Federal cost-share assistance for eligible projects and require a 50 percent match from nonfederal sources. Great Lakes Restoration Initiative The Great Lakes Restoration Initiative (GLRI) is a multiagency Federal effort that targets the most significant environmental problems affecting the Great Lakes, including toxic substances and areas of concern, aquatic invasive species, and nearshore health and nonpoint source pollution. The 2011 version of the Initiative also was intended to address accountability, education, monitoring, evaluation, communication, and partnerships. Funds are allocated strategically to implement both Federal programs and projects initiated by states, tribes, municipalities, universities, and other organizations. Grant funds are awarded competitively to projects which focus on achieving results in the identified target areas. For 2012 and 2013, the key priorities of the Initiative are to clean up Great Lakes Areas of Concern, reduce nutrients entering the Great Lakes, and prevent the introduction of new invasive species. U.S. Environmental Protection Agency Clean Water State Revolving Fund The USEPA Clean Water State Revolving Fund (CWSRF) provides funds to States for construction of municipal wastewater treatment facilities, nonpoint source pollution abatement projects, and estuary protection projects. Grants are provided to the State of Wisconsin Clean Water Fund (CWF) and a 20 percent match is provided by the State. 26 Additional contributions to the CWF may be made from the proceeds from tax-exempt revenue bonds, investment earnings, and loan repayments. The Wisconsin Departments of Administration and Natural Resources jointly administer the CWF loan program. Cities, towns, villages, counties, town sanitary districts, public inland lake protection and rehabilitation districts, metropolitan sewerage districts, and Federally recognized tribal governments are eligible to apply. 26 The Wisconsin Clean Water Fund is part of the State Environmental Improvement Fund. PRELIMINARY DRAFT 13