National Academies Press: OpenBook
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

NATIONAL ACADEMY PRESS
Washington, D.C.

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

NATIONAL ACADEMY PRESS
2101 Constitution Avenue, N.W. Washington, D.C. 20418

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,
2101 Constitution Avenue, N.W., Box 285, Washington, DC 20055; (800) 624–6242 or (202) 334–3313 (in the Washington metropolitan area); Internet: http://www.nap.edu

Copyright 2001 by the National Academy of Sciences. All rights reserved.

Printed in the United States of America

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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.

The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Kenneth I.Shine is president of the Institute of Medicine.

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.

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
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Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

Staff

SUZANNE VAN DRUNICK, Study Director

RUTH CROSSGROVE, Editor

BARBARA O'HARE, Editor

MIRSADA KARALIC-LONCAREVIC, Information Specialist

LEAH PROBST, Senior Project Assistant

JENNIFER SAUNDERS, Project Assistant

JAMIE YOUNG, Research Associate

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Page viii Cite
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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)

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

www.nap.edu

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×
Stephen Brooker, U.S. Army Corps of Engineers Edwin Edmundson, South Florida Water Management District

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

Page xiii Cite
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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.

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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

Page xvii Cite
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
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Page xviii Cite
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
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 4

 

WETLAND PERMITTING: HISTORY AND OVERVIEW

 

60

   

 Evolution of Compensatory Mitigation Requirements in the CWA Section 404 Program,

 

60

   

 General Mitigation Requirements,

 

61

   

 General Corps Mitigation Requirements,

 

63

   

 CWA Section 404 Mitigation Requirements,

 

64

   

 Mitigation Banking,

 

67

   

 In-Lieu Fees,

 

69

   

 The Clean Water Act and the Goal of No Net Loss,

 

70

   

 Section 404 Permit Process,

 

73

   

 Inspection and Enforcement,

 

80

 5

 

COMPENSATORY MITIGATION MECHANISMS UNDER SECTION 404

 

82

   

 Location of the Compensatory Mitigation Action,

 

83

   

 Legal Responsibility for the Mitigation,

 

86

   

 Relationship of Mitigation Actions to Permitted Activities (Timing),

 

88

   

 The MBRT Process,

 

91

   

 Stewardship Requirements,

 

91

   

 A Taxonomy,

 

92

   

 Recommendation,

 

93

 6

 

MITIGATION COMPLIANCE

 

94

   

 Mitigation Planning,

 

95

   

 Mitigation Design Standards,

 

97

   

 Project Implementation,

 

101

   

 Compliance with Permit Conditions,

 

103

   

 Mitigation Ratios,

 

108

   

 Monitoring of Mitigation Projects,

 

110

   

 Monitoring Duration,

 

112

   

 The Compliance Record,

 

113

   

 Conclusions,

 

121

   

 Recommendations,

 

122

 7

 

TECHNICAL APPROACHES TOWARD ACHIEVING NO NET LOSS

 

123

   

 Operational Guidelines for Creating or Restoring Wetlands That Are Ecologically Self-Sustaining,

 

123

   

 Wetland Functional Assessment,

 

128

   

 The Floristic Approach,

 

129

Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
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Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
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Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

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,

 

19

 FIGURE 2–1

 

Percent plant cover on created or restored coastal wetlands on the Atlantic and Gulf of Mexico (GOM) coasts,

 

41

 FIGURE 2–2

 

Long-term data for salt marshes constructed in San Diego Bay,

 

43

 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,

 

55

 FIGURE 4–1

 

Mitigation sequencing,

 

66

 FIGURE 4–2

 

Section 404 of the CWA permit process flow chart,

 

75

 FIGURE 4–3

 

Approach to the nationwide permit process,

 

77

 FIGURE 4–4

 

U.S. Army Corps of Engineers enforcement chart for inspection and noncompliance,

 

81

Page xxii Cite
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

 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),

 

105

 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,

 

106

 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,

 

107

 FIGURE B–1

 

Conceptual model of factors facilitating the invasion of Schinus terebinthifolius,

 

200

TABLES

TABLES

 TABLE 1–1

 

Wetland Losses Due to Agricultural and Nonagricultural Causes,

 

17

 TABLE 1–2

 

Percent Loss by Cause and Acres Lost,

 

18

 TABLE 2–1

 

Summary of Results from Study of a Created Salt Marsh Constructed as a Mitigation Site in North Carolina (1991),

 

42

 TABLE 2–2

 

Time Toward Equivalency for Soil, Plant, and Animal Components in Wetland Restoration Projects Compared with That of Natural Reference Wetlands,

 

42

 TABLE 4–1

 

Listing of Current Nationwide Permits,

 

78

 TABLE 5–1

 

Taxonomy of Compensatory Mitigation Mechanisms,

 

84

 TABLE 6–1

 

Required Mitigation as Restoration, Creation, and Enhancement for Permits Issued under Permitting Programs,

 

96

 TABLE 6–2

 

Review of Corps Permits Issued Nationwide,

 

98

 TABLE 6–3

 

Mitigation Initiated for Permits Requiring Mitigation,

 

102

 TABLE 6–4

 

Parameters Measured in 110 Compensatory Wetland Mitigation Projects in California from 1988 to 1995,

 

107

 TABLE 6–5

 

Mitigation Ratios Required and the Actual Ratios Met, Based on Post-Construction Evaluation (assumes complete compliance in meeting permit conditions),

 

109

Page xxiii Cite
Suggested Citation:"Front Matter." National Research Council. 2001. Compensating for Wetland Losses Under the Clean Water Act. Washington, DC: The National Academies Press. doi: 10.17226/10134.
×

 TABLE 6–6

 

Mitigation Ratios (Area Basis) and Achievement Rates (%) for Different Wetland Types in Southern California,

 

110

 TABLE 6–7

 

Frequency of Monitoring for Permits That Required Mitigation,

 

111

 TABLE 6–8

 

Permit Requirements and Compliance for Five Replacement Wetlands Investigated in Ohio,

 

114

 TABLE 6–9

 

Index of Functional Equivalency for Four Constructed Salt Marshes in Relationship to Natural Sites in Paradise Creek, Southern California,

 

115

 TABLE 6–10

 

Ecological Parameters in Paired Replacement and Reference Wetlands in Massachusetts,

 

116

 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,

 

117

 TABLE 6–12

 

Compliance (Based on Permit Number) for When the Mitigation Plan Was Fully Implemented,

 

118

 TABLE 6–13

 

Compliance (Area Basis) for Mitigation That Was Attempted Based on Field Inspection or Monitoring Reports,

 

119

 TABLE 6–14

 

Ranking of Compliance for 30 Sites in San Francisco Bay That Were Issued Section 404 Permits,

 

120

 TABLE 6–15

 

Results from an Analysis of Compliance for 17 Mitigation Projects with Field Investigation in Western Washington,

 

120

 TABLE 6–16

 

Summary of Data from Previous Tables on Wetland Permit Implementation, Compliance, Ecological Success, and Monitoring Frequency,

 

121

 TABLE A–1

 

Survey of Studies: Comparison of Mitigated and Natural Wetlands,

 

190

 TABLE C–1

 

Analysis of Soil, Plant, and Animal Communities for Mitigation Sites Compared With Reference Sites,

 

212

 TABLE E–1

 

Summary of Performance Standards from Selected Section 404 Permits Requiring Compensatory Mitigation,

 

222

 TABLE H–1

 

Selected Attributes of 40 Common Wetland Functional Assessment Procedures,

 

286

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COMPENSATING FOR WETLAND LOSSES UNDER THE CLEAN WATER ACT

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Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of “no net loss” of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed.

After more than a dozen years, the national commitment to “no net loss” of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation’s goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term.

Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the “no net loss” issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.

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