Table 1. Summary of Performance Standards from Selected Section 404 Permits Requiring Compensatory Mitigation1

Example Number

Performance Standards

Time Frame

Location/Type/ Year

Size

1

50% survival of planted trees, including replanting efforts, after two growing seasons

3 years, after which natural regeneration is relied upon

Mississippi/ bottomland hardwoods/1997

Restoration of 2.17 acres

2

75% survival of planted Juncus roemerianus; 4,800 plants per acre after 3 growing seasons

3-year minimum, with 75% survival for 2 years following any replanting

Alabama/salt marsh/1985

Creation of 40 acres

3

75% site survival, defined as [(number of “planting cells” with “species survival” over 35% ÷ total number of planting cells) × 100]; species survival is the [(number of surviving plants in each “planting cell” ÷ number of plants originally planted in the “planting cell”) × 100]; the “planting cell” is a discrete cluster of plants as illustrated on the planting or landscaping plan, or, if planting is not in discrete clusters, the cell is the entire site; after 3 years, site will be 80% vegetated with hydrophytic vegetation having an indicator status of FAC or wetter, excluding Typha spp. and Myriophyllum spicatum, and with less than 5% cover by 28 noxious or invasive species (noxious and exotic species are listed in permit)

3 years following completion of construction

Massachusetts/ cranberry bog and shrub swamp/ 1998

Creation of 2.8 acres and enhancement of 1.1 acres

4

85% of the site vegetated by the planted species and/or naturally regenerated vegetation approved by regulatory agencies

5-year endpoint

Maryland/ forested wetland/ 1996

Restoration of 850 linear feet of stream banks

5

80% wetland vegetation cover in herbaceous wetlands and 80% survival of planted stock in scrub-shrub wetlands, as measured using an approved method

Not specified

Idaho/ herbaceous and scrub-shrub wetlands/1995

Creation of 8 acres

6

Sustain 85% or greater cover by obligate and/or facultative wetland plant species; less than 10% cover by nuisance plant species; “proper hydrological condition”

5 years, with requirement for contingency plan after 3 years if performance standards are not achieved and requirement for ongoing monitoring after 5 years if performance standards are not met

Florida/forested and herbaceous wetlands/1991

Creation of 11.8 acres forested wetlands and 10.1 acres herbaceous wetlands

7

85% areal cover by planted herbaceous species and 75% areal cover by planted woody species; specifically prohibits open water ponds

2 years, with provision for replanting if areal cover requirements are not achieved

Maryland/ forested and emergent freshwater wetland/1990

Creation of 5.09 acres palustrine forested wetlands and 0.66 acre palustrine emergent and scrub-shrub wetlands

1 Projects were selected to offer examples of a range of performance standards required by Section 404 permits. Abbreviations FAC, FACW, and OBL and the terms “facultative” and “obligate” refer to the National List of Plant Species that Occur in Wetlands. Throughout this table, performance standards were paraphrased directly from permit files; no attempt was made to clarify language used in permit files.

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