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NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance.
This project was supported by Cooperative Agreement No. C X 827828-01-0 between the National Academy of Sciences and the U.S. Environmental Protection Agency. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the organizations or agencies that provided support for this project.
Library of Congress Cataloging-in-Publication Data
Compensating for wetland losses under the Clean Water Act/Committee on Mitigating Wetland Losses, Board on Environmental Studies and Toxicology, Water Science and Technology Board, Division on Earth and Life Studies, National Research Council.
p. cm.
Includes bibliographical references (p. ).
ISBN 0-309-07432-0 (hardcover)
1. Wetlands—Law and legislation—United States. 2. Wetland conservation—Government policy—United States. 3. Wetland mitigation banking—United States. I. National Research Council (U.S.). Committee on Mitigating Wetland Losses.
KF5624 C66 2001
346.7304'6918--dc21
2001004921
Compensating for Wetland Losses Under the Clean Water Act is available from the
National Academy Press,
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Copyright 2001 by the National Academy of Sciences. All rights reserved.
Printed in the United States of America
THE NATIONAL ACADEMIES
National Academy of Sciences
National Academy of Engineering
Institute of Medicine
National Research Council
The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Bruce M.Alberts is president of the National Academy of Sciences.
The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Wm.A. Wulf is president of the National Academy of Engineering.
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The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy's purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Bruce M.Alberts and Dr. Wm.A.Wulf are chairman and vice chairman, respectively, of the National Research Council.
COMMITTEE ON MITIGATING WETLAND LOSSES
JOY ZEDLER (Chair),
University of Wisconsin, Madison, Wisconsin
LEONARD SHABMAN (Vice Chair),
Virginia Polytechnic Institute and State University, Blacksburg, Virginia
VICTORIA ALVAREZ,
California Department of Transportation, Sacramento, California
ROBERT O.EVANS,
North Carolina State University, Raleigh, North Carolina
ROYAL C.GARDNER,
Stetson University College of Law, St. Petersburg, Florida
J.WHITFIELD GIBBONS,
Savannah River Ecology Laboratory, Aiken, South Carolina
JAMES WENDELL GILLIAM,
North Carolina State University, Raleigh, North Carolina
CAROL A.JOHNSTON,
University of Minnesota, Duluth, Minnesota
WILLIAM J.MITSCH,
Ohio State University, Columbus, Ohio
KAREN PRESTEGAARD,
University of Maryland, College Park, Maryland
ANN M.REDMOND,
WilsonMiller, Inc., Tallahassee, Florida
CHARLES SIMENSTAD,
University of Washington, Seattle, Washington
R.EUGENE TURNER,
Louisiana State University, Baton Rouge, Louisiana
FEDERAL LIAISONS
JOHN GOODIN,
U.S. Environmental Protection Agency
LISA T.MORALES,
U.S. Environmental Protection Agency
JOHN F.STUDT,
U.S. Army Corps of Engineers
ROBERT BRUMBAUGH,
U.S. Army Corps of Engineers, Institute for Water Resources
BENJAMIN N.TUGGLE,
U.S. Department of the Interior, Fish and Wildlife Service
THOMAS BIGFORD,
U.S. Department of Commerce, National Marine Fisheries Service
KATHRYN CONANT,
U.S. Department of Commerce, National Marine Fisheries Service
SUSAN MARIE STEDMAN,
U.S. Department of Commerce, National Marine Fisheries Service
BOARD ON ENVIRONMENTAL STUDIES AND TOXICOLOGY
GORDON ORIANS (Chair),
University of Washington, Seattle, Washington
JOHN DOULL (Vice Chair),
University of Kansas Medical Center, Kansas City, Kansas
DAVID ALLEN,
University of Texas, Austin, Texas
INGRID C.BURKE,
Colorado State University, Fort Collins, Colorado
THOMAS BURKE,
Johns Hopkins University, Baltimore, Maryland
GLEN R.CASS,
Georgia Institute of Technology, Atlanta, Georgia
WILLIAM L.CHAMEIDES,
Georgia Institute of Technology, Atlanta, Georgia
CHRISTOPHER B.FIELD,
Carnegie Institute of Washington, Stanford, California
JOHN GERHART,
University of California, Berkeley, California
J.PAUL GILMAN,
Celera Genomics, Rockville, Maryland
DANIEL S.GREENBAUM,
Health Effects Institute, Cambridge, Massachusetts
BRUCE D.HAMMOCK,
University of California, Davis, California
ROGENE HENDERSON,
Lovelace Respiratory Research Institute, Albuquerque, New Mexico
CAROL HENRY,
American Chemistry Council, Arlington, Virginia
ROBERT HUGGETT,
Michigan State University, East Lansing, Michigan
JAMES F.KITCHELL,
University of Wisconsin, Madison, Wisconsin
DANIEL KREWSKI,
University of Ottawa, Ottawa, Ontario
JAMES A.MacMAHON,
Utah State University, Logan, Utah
CHARLES O'MELIA,
Johns Hopkins University, Baltimore, Maryland
WILLEM F.PASSCHIER,
Health Council of the Netherlands, The Hague
ANN POWERS,
Pace University School of Law, White Plains, New York
KIRK SMITH,
University of California, Berkeley, California
TERRY F.YOSIE,
American Chemistry Council, Arlington, Virginia
Senior Staff
JAMES J.REISA, Director
DAVID J.POLICANSKY, Associate Director and Senior Program Director for Applied Ecology
RAYMOND A.WASSEL, Senior Program Director for Environmental Sciences and Engineering
KULBIR BAKSHI, Program Director for the Committee on Toxicology
ROBERTA M.WEDGE, Program Director for Risk Analysis
K.JOHN HOLMES, Senior Staff Officer
WATER SCIENCE AND TECHNOLOGY BOARD
HENRY J.VAUX, JR. (Chair),
University of California, Oakland, California
RICHARD LUTHY (Vice Chair),
Stanford University, Stanford, California
RICHELLE ALLEN-KING,
Washington State University, Pullman, Washington
GREGORY B.BAECHER,
University of Maryland, College Park, Maryland
JOHN BRISCOE,
The World Bank, Washington, D.C.
EFI FOUFOULA-GEORGIOU,
University of Minnesota, St. Paul, Minnesota
STEVEN P.GLOSS,
University of Wyoming, Laramie, Wyoming
WILLIAM A.JURY,
University of California, Riverside, California
GARY S.LOGSDON,
Black and Veatch, Cincinnati, Ohio
DIANE M.McKNIGHT,
University of Colorado, Boulder, Colorado
JOHN W.MORRIS,
J.W.Morris Ltd., Arlington, Virginia
PHILIP A.PALMER,
DuPont Engineering, Wilmington, Delaware
REBECCA T.PARKIN,
George Washington University, Washington, D.C.
RUTHERFORD H.PLATT,
University of Massachusetts, Amherst, Massachusetts
JOAN B.ROSE,
University of South Florida, St. Petersburg, Florida
JERALD L.SCHNOOR,
University of Iowa, Iowa City, Iowa
RHODES TRUSSELL,
Montgomery Watson, Pasadena, California
Staff
STEPHEN PARKER, Director
LAURA J.EHLERS, Senior Staff Officer
JEFFREY W.JACOBS, Senior Staff Officer
MARK GIBSON, Staff Officer
WILLIAM LOGAN, Staff Officer
JEANNE AQUILINO, Administrative Associate
PATRICIA JONES, Staff/Research Associate
ANITA HALL, Administrative Assistant
ELLEN DE GUZMAN, Senior Project Assistant
ANIKE JOHNSON, Project Assistant
OTHER REPORTS OF THE BOARD ON ENVIRONMENTAL STUDIES AND TOXICOLOGY
A Risk-Management Strategy for PCB-Contaminated Sediments (2001)
Toxicological Effects of Methylmercury (2000)
Strengthening Science at the U.S. Environmental Protection Agency: Research-Management and Peer-Review Practices (2000)
Scientific Frontiers in Developmental Toxicology and Risk Assessment (2000)
Modeling Mobile-Source Emissions (2000)
Toxicological Risks of Selected Flame-Retardant Chemicals (2000)
Copper in Drinking Water (2000)
Ecological Indicators for the Nation (2000)
Waste Incineration and Public Health (1999)
Hormonally Active Agents in the Environment (1999)
Research Priorities for Airborne Particulate Matter: I. Immediate
Priorities and a Long-Range Research Portfolio (1998); II. Evaluating
Research Progress and Updating the Portfolio (1999); III. Early
Research Progress (2001)
Ozone-Forming Potential of Reformulated Gasoline (1999)
Risk-Based Waste Classification in California (1999)
Arsenic in Drinking Water (1999)
Brucellosis in the Greater Yellowstone Area (1998)
The National Research Council's Committee on Toxicology: The First 50 Years (1997)
Toxicologic Assessment of the Army's Zinc Cadmium Sulfide Dispersion Tests (1997)
Carcinogens and Anticarcinogens in the Human Diet (1996)
Upstream: Salmon and Society in the Pacific Northwest (1996)
Science and the Endangered Species Act (1995)
Wetlands: Characteristics and Boundaries (1995)
Biologic Markers (5 reports, 1989–1995)
Review of EPA's Environmental Monitoring and Assessment Program (3 reports, 1994 –1995)
Science and Judgment in Risk Assessment (1994)
Ranking Hazardous Waste Sites for Remedial Action (1994)
Pesticides in the Diets of Infants and Children (1993)
Issues in Risk Assessment (1993)
Setting Priorities for Land Conservation (1993)
Protecting Visibility in National Parks and Wilderness Areas (1993)
Dolphins and the Tuna Industry (1992)
Hazardous Materials on the Public Lands (1992)
Science and the National Parks (1992)
Animals as Sentinels of Environmental Health Hazards (1991)
Assessment of the U.S. Outer Continental Shelf Environmental Studies Program, Volumes I–IV (1991–1993)
Human Exposure Assessment for Airborne Pollutants (1991)
Monitoring Human Tissues for Toxic Substances (1991)
Rethinking the Ozone Problem in Urban and Regional Air Pollution (1991)
Decline of the Sea Turtles (1990)
Copies of these reports may be ordered from the National Academy Press
(800) 624–6242
(202) 334–3313
Acknowledgments
Many individuals assisted the committee and National Research Council (NRC) staff in their task to create this report. We are especially grateful for the outstanding assistance provided by Lisa Morales, U.S. Environmental Protection Agency. We are also appreciative of the generous support provided by John Goodin, U.S. Environmental Protection Agency; John Studt, U.S. Army Corps of Engineers; Robert Brumbaugh, U.S. Army Corps of Engineers; Benjamin Tuggle, U.S. Fish and Wildlife Service; Thomas Bigford, National Marine Fisheries Service; Kathryn Conant, National Marine Fisheries Service; and Susan Marie Stedman, National Marine Fisheries Service.
Field trips held in conjunction with committee meetings helped the committee better understand the complexities of mitigating wetland losses. We would like to express our appreciation to the following people, who assisted the committee and NRC staff during these field trips:
Washington, DC
Michael Bean, Environmental Defense Fund
George Beston, Maryland Department of the Environment
Denise Clearwater, Maryland Department of the Environment
Timothy Searchinger, Environmental Defense Fund
Julie Sibbing, National Audubon Society
Orlando, Florida
William Ainslie, U.S. Environmental Protection Agency
William Barnard, Greater Orlando Aviation Authority
Constance Bersok, Florida Department of Environmental Protection
Mark Evans, U.S. Army Corps of Engineers
Monica Folk, The Nature Conservancy
Paul Gray, Audubon of Florida
Kathleen S.Hale, Environmental Management and Design
Michael Norland, National Park Service
Robert Robbins, South Florida Water Management District
William Streever, U.S. Army Corps of Engineers
Edward Swakon, EAS Engineering, Inc.
Jora Young, The Nature Conservancy
Northbrook, Illinois
Sue Elston, U.S. Environmental Protection Agency
Jeanette Gallihugh, U.S. Fish and Wildlife Service
Donald Hey, Wetlands Research, Inc.
Kerry Leigh, Christopher B.Burke Engineering, Ltd.
Michael Miller, Illinois State Geologic Survey
James Minor, Illinois State Geologic Survey
Charles Paine, Max McGraw Wildlife Foundation
James Robb, Indiana Department of Environmental Management
Joseph Roth, Corlands
John Ryan, Land and Water Resources, Inc.
David Siebert, Wisconsin Department of Natural Resources
Irvine, California
Rich Ambrose, University of California, Los Angeles
Gerhard Bombe, Orange County Parks and Recreation Department
Anthony Bomkamp, Glenn Lukos & Associates
Peter Bowler, University of California, Irvine
William Bretz, University of California Natural Reserve System, San Joaquin Marsh Reserve
Richard Broming, Rancho Mission Viejo
Mary Kentula, U.S. Environmental Protection Agency and National Health and Environmental Effects Research Laboratory
Victor Leipzig, Huntington Beach Wetlands Conservancy
Molly Martindale, U.S. Army Corps of Engineers
Thomas Mulroy, Science Applications International Corporation
Eric Stein, PCR Environmental, Inc.
Mark Sudol, U.S. Army Corps of Engineers, Los Angeles District
Sat Tamaribuchi, The Irvine Company
Sherry Teresa, Center for Natural Lands Management
Kenneth Thompson, Irvine Ranch Water District
William Tippets, California Department of Fish and Game, South Coast Region
Acknowledgment of Review Participants
This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the NRC's Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the deliberative process. We wish to thank the following individuals for their review of this report:
Donald Hey, Wetlands Research, Inc.
Thomas Kelsch, National Fish and Wildlife Foundation
Joseph S.Larson, Environmental Institute
Jay A.Leitch, North Dakota State University
Patrick O'Brien, Chevron Research and Technology Company
Rutherford Platt, University of Massachusetts-Amherst
Timothy Searchinger, Environmental Defense Fund
Donald Siegel, Syracuse University
Margaret Strand, Oppenheimer, Wolff & Donnelly, LLP
Although the reviewers listed above have provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations, nor did they see the final draft of the report
before its release. The review of this report was overseen by John Cairns, Jr., Virginia Polytechnic Institute and State University, and William M. Lewis, Jr., University of Colorado. Appointed by the National Research Council, they were responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authoring committee and the institution.
Preface
The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) share responsibility for regulating the mitigation (lessening of impacts) of damages to wetlands. In response to a request from EPA, the National Research Council (NRC) formed the Committee on Mitigating Wetland Losses to evaluate mitigation practice as a way to restore and maintain the quality of the nation's waters, particularly as regulated under Section 404 of the Clean Water Act.
The committee reviewed the available literature on replacement of wetland functions, considered both restoration and creation efforts, visited several mitigation sites around the United States, and then evaluated both the ecological performance of mitigation projects and the institutions under which mitigation projects are conducted (permittee-responsible mitigation banks and in-lieu fee programs). At a series of five meetings, the committee worked in a truly interdisciplinary and collaborative manner to develop the conclusions and recommendations presented in this report.
The committee is grateful for the briefings and the assistance provided by the staff of EPA, the Corps, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service.
The committee is also grateful for the excellent and untiring support provided by the NRC staff, who organized the meetings and field trips and kept us on track in addressing the major tasks, as well as the fine details in report preparation. Dr. Suzanne van Drunick, our outstanding project director, kept the process on track and made sure that the report
was coherent. We all benefited greatly from the help of Jennifer Saunders, who followed Leah Probst as project assistant. Ruth Crossgrove, Mirsada Karalic-Loncarevic, and Barbara O'Hare helped with the many details that made the report ready for publication. Dr. David Policansky initiated the project, and we thank him for providing stimulating discussions. Dr. James Reisa's suggestions improved the Executive Summary.
The committee members were exemplary in their dedication to this complicated task; without their expertise, hard work, and timely responses, completion of the project would not have been possible.
Joy B.Zedler
Chair, Committee on Mitigating Wetland Losses
Tables and Figures
FIGURES
FIGURE 1–1 |
Area of wetland impacts permitted, mitigation required by the permit, and the anticipated gain in wetland area as a result of permits issued by the U.S. Army Corps of Engineers regulatory program from 1993 to 2000, |
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FIGURE 2–1 |
Percent plant cover on created or restored coastal wetlands on the Atlantic and Gulf of Mexico (GOM) coasts, |
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FIGURE 2–2 |
Long-term data for salt marshes constructed in San Diego Bay, |
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FIGURE 3–1 |
Comparison between observed and DRAINMOD (hydrological model) simulated water-table depths for a wetland restoration site in Craven County, N.C., 1996, |
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FIGURE 4–1 |
Mitigation sequencing, |
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FIGURE 4–2 |
Section 404 of the CWA permit process flow chart, |
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FIGURE 4–3 |
Approach to the nationwide permit process, |
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FIGURE 4–4 |
U.S. Army Corps of Engineers enforcement chart for inspection and noncompliance, |
FIGURE 6–1 |
Water-table position and duration of root zone saturation for wetland site that satisfies the jurisdictional hydrology criteria (5% of growing season) as compared with wetland site that satisfies the criteria (12% of the growing season), |
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FIGURE 6–2 |
Year-to-year variations in water-table depth and duration of root zone saturation for a wetland site that satisfies jurisdictional hydrology criteria at least 5% of the growing season, |
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FIGURE 6–3 |
Year-to-year variation of the longest period that wetland hydrological criteria satisfied. Results obtained from long-term simulation modeling using DRAINMOD, |
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FIGURE B–1 |
Conceptual model of factors facilitating the invasion of Schinus terebinthifolius, |
TABLES
TABLE 1–1 |
Wetland Losses Due to Agricultural and Nonagricultural Causes, |
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TABLE 1–2 |
Percent Loss by Cause and Acres Lost, |
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TABLE 2–1 |
Summary of Results from Study of a Created Salt Marsh Constructed as a Mitigation Site in North Carolina (1991), |
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TABLE 2–2 |
Time Toward Equivalency for Soil, Plant, and Animal Components in Wetland Restoration Projects Compared with That of Natural Reference Wetlands, |
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TABLE 4–1 |
Listing of Current Nationwide Permits, |
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TABLE 5–1 |
Taxonomy of Compensatory Mitigation Mechanisms, |
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TABLE 6–1 |
Required Mitigation as Restoration, Creation, and Enhancement for Permits Issued under Permitting Programs, |
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TABLE 6–2 |
Review of Corps Permits Issued Nationwide, |
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TABLE 6–3 |
Mitigation Initiated for Permits Requiring Mitigation, |
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TABLE 6–4 |
Parameters Measured in 110 Compensatory Wetland Mitigation Projects in California from 1988 to 1995, |
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TABLE 6–5 |
Mitigation Ratios Required and the Actual Ratios Met, Based on Post-Construction Evaluation (assumes complete compliance in meeting permit conditions), |
TABLE 6–6 |
Mitigation Ratios (Area Basis) and Achievement Rates (%) for Different Wetland Types in Southern California, |
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TABLE 6–7 |
Frequency of Monitoring for Permits That Required Mitigation, |
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TABLE 6–8 |
Permit Requirements and Compliance for Five Replacement Wetlands Investigated in Ohio, |
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TABLE 6–9 |
Index of Functional Equivalency for Four Constructed Salt Marshes in Relationship to Natural Sites in Paradise Creek, Southern California, |
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TABLE 6–10 |
Ecological Parameters in Paired Replacement and Reference Wetlands in Massachusetts, |
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TABLE 6–11 |
Comparison of the Percentage of Permits Meeting Their Requirements and Percentage of Those Permits Meeting Various Tests of Ecological Functionality or Viability, |
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TABLE 6–12 |
Compliance (Based on Permit Number) for When the Mitigation Plan Was Fully Implemented, |
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TABLE 6–13 |
Compliance (Area Basis) for Mitigation That Was Attempted Based on Field Inspection or Monitoring Reports, |
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TABLE 6–14 |
Ranking of Compliance for 30 Sites in San Francisco Bay That Were Issued Section 404 Permits, |
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TABLE 6–15 |
Results from an Analysis of Compliance for 17 Mitigation Projects with Field Investigation in Western Washington, |
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TABLE 6–16 |
Summary of Data from Previous Tables on Wetland Permit Implementation, Compliance, Ecological Success, and Monitoring Frequency, |
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TABLE A–1 |
Survey of Studies: Comparison of Mitigated and Natural Wetlands, |
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TABLE C–1 |
Analysis of Soil, Plant, and Animal Communities for Mitigation Sites Compared With Reference Sites, |
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TABLE E–1 |
Summary of Performance Standards from Selected Section 404 Permits Requiring Compensatory Mitigation, |
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TABLE H–1 |
Selected Attributes of 40 Common Wetland Functional Assessment Procedures, |