I THOUGHT IT WAS JUST WET LAND: A GUIDE TO ENVIRONMENTAL PERMITTING FOR AIRPORTS ROAD SCHOOL 2018 SIMON DAVIES, SENIOR SCIENTIST MARCH 7, 2018
Definition Regulatory Definition - Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. -U.S. Army Corps of Engineers Wetlands Delineation Manual, (1987 Manual) Wetlands
Desktop Resources Aerial photos National Wetland Inventory USGS Topographic Maps Soil Maps Wetlands
Wetlands Field Delineation Three Criteria Hydrophytic Vegetation describes plants that are likely to occur in wetlands Hydric Soils saturated soils develop unique characteristics due to lack of oxygen Wetland Hydrology saturated (when soil pores are filled with water) for a significant period of the growing season Field Inspection Data Forms USACE Verification and Jurisdictional Determination
Wetlands Hydric Soils USDA NRCS Changes in soil characteristics in response to prolonged saturation, flooding, or ponding Anaerobic conditions in upper portion of soil Web Soil Survey National online tool https://websoilsurvey.sc.egov.usda.go v/app/homepage.htm Field Indicators of Hydric Soils in the United States https://www.nrcs.usda.gov/internet/f SE_DOCUMENTS/nrcs142p2_053171. pdf
Wetlands Hydrophytic Vegetation An indicator status reflects the likelihood a particular plant occurs in a wetland or an upland National Wetland Plant List Obligate Wetland (OBL) Facultative Wetland (FACW) Facultative (FAC) Facultative Upland (FACU) Obligate Upland (UPL)
Wetlands Wetland Hydrology Wetlands occupy the transition zone between predominantly wet and dry environments. Indicators Standing water Wetland odor Soil cracking Crayfish Burrows
Wetlands Functions and Values o o o o o o o o Fish, Wildlife and Plant Habitats biological supermarket Natural Water Quality Improvement and Biogeochemical Cycling Atmospheric Maintenance Hydrologic Cycle Roles Flood Storage Shoreline Erosion Protection Opportunities for Recreation, Education, Research and Aesthetic Appreciation Reduce Flood Damage and Protect Our Health and Safety
Impacts & Permitting Clean Water Act (1972) Maintain and restore the biological, chemical, and physical functions of our nations Waters of the U.S. Aquatic life (fish, macroinvertebrates, plants, microbes) Human Health (drinking water, fish consumption, recreation) Wildlife (food chain) CWA Tools: Water Quality Standards, Antidegradation Policies, NPDES Permits, Section 319 Grants, Section 404 Permit, Section 401 Permit http://time.com/3921976/cuyahoga-fire/
Impacts & Permitting Waters of the U.S. The EPA is the final authority on the determination of whether a waterway qualifies for Jurisdiction under the CWA Limits of Jurisdiction for a Waters of the U.S. is the Ordinary High Water Mark (OHWM) or if adjacent wetlands are present, the wetland boundary
Impacts & Permitting Jurisdictional Determination (USACE) Isolated Wetland (Waters of the State) Indiana Isolated Wetlands Law Waters of the U.S. Clean Water Act Isolated Wetland Permit (IDEM) 404/401 Permit (USACE / IDEM)
Impacts & Permitting Section 404 of the Clean Water Act Insert photo Regulates the removal dredging or placement of fill material into Waters of the U.S. Soil, Riprap, Concrete, Grading Encapsulation Relocation Administered by U.S. Army Corps of Engineers (USACE) USACE issues permits EPA issues guidelines and policies
Impacts & Permitting Section 401 of the Clean Water Act Insert photo Requires any person who wishes to conduct an activity that may result in a discharge into Waters of the U.S. or Waters of the State to first obtain a Water Quality Certification (WQC) Administered by the Indiana Department of Environmental Management (IDEM) (state agency) Authorized as either an Individual WQC or under the RGP Notification requirements
Impacts & Permitting Individual Permit High level of effort 120 to 365 days Significant Impacts Public Notice Purpose and Need Avoidance and Minimization Mitigation Regional General Permit Nationwide Permit Streamlined 30-60 days Streamlined Minimal Impacts Minimal Impacts Notification List of Projects pre-authorized
Impacts & Permitting Federal mitigation ratios: Wetland Type Typical Replacement Ratio Forested Wetland 4:1 or higher (Acres) Scrub-Shrub Wetland 3:1 (Acres) Emergent Wetland 2:1 (Acres) Open Water 1:1 (Acres) Stream/Drainage Ways 1:1 (Linear Feet) Mitigation Requirements Within watershed Like for Like
Impacts & Permitting Challenges Unique to Airports 1. Drainage issues on airport property often result in the formation of wetlands 2. Airport projects are not always conducive to impact avoidance or minimization 3. Historic siting of airports often results in inherited issues 4. Airport operations are not compatible with on-site wetland mitigation
Options 1. Mitigation Bank Impacts & Permitting 1. purchase credits at established wetland bank within the same watershed 2. Responsibility for success lies with the bank 2. Permittee Responsible Mitigation 1. Requires property acquisition, wetland design and construction and long-term monitoring 2. Responsibility for success lies with permit holder 3. In-Lieu Fee Program (proposed) 1. Will be administered by IDNR 2. Purchase credits available in all watersheds
Project Examples Small General Aviation Airport Runway Extension Project - Extensive adjacent wetland areas - EPA declared wetlands to be globally significant - Original project halted - Required development of specialized Environmental Resource Management Plan to remove obstructions
Project Examples Small General Aviation Airport Perimeter Wildlife Fence - Majority of airport property in agricultural production - Wetland delineation revealed that virtually all of the airport met the three wetland criteria - Avoidance and minimization of impacts key to permitting this project without the need for compensatory mitigation. - Design changes to meet purpose and need while decreasing impacts
Project Examples Mid-Sized General Aviation Airport - Previously unknown drainage pipe encountered during construction - Necessitated changes to grading plan - Resulted in additional wetland impacts - Agency coordination kept project on track
Questions? Simon Davies, LEED AP Senior Environmental Scientist CHA, Inc. 300 S. Meridian Street sdavies@chacompanies.com Indianapolis, IN 46225 317-694-7654