Wetland Mitigation, Volume 2, A Guidebook for Airports (2019)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

1 Concerns about the ongoing loss of wetlands and other water resources throughout the United States led to the enactment of numerous federal, state, and local laws, regu- lations, and executive orders that sought to avoid or minimize adverse impacts and provide compensation for unavoidable losses. The Clean Water Act (CWA) of 1972 established the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Section 404 of the CWA established a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. A 1989 Memorandum of Agree- ment (MOA) allocated the enforcement responsibilities of Section 404 to the U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (USEPA). Proposed aviation improvements, such as the construction or expansion of existing facilities, have the potential to affect on-site or nearby jurisdictional wetlands and other waters of the U.S. A 2015 Airport Cooperative Research Program (ACRP) problem statement identi- fied that many airports were constructed in proximity to wetlands or included wetlands within their property boundaries. As a result, wetlands frequently sustained adverse impacts from facility improvements. Conversely, airport operations had the potential to be affected by the presence of on-site and nearby wetlands. ACRP published a request for proposal (RFP) to develop a wetland mitigation guidebook for airports that would “facilitate implementation of effective wetland mitigation in support of airport expan- sion and development, including safety-related improvements” (ACRP 2015). This guidebook seeks to summarize the challenges and coordination required to protect wetland resources and address aviation safety. Wetlands and Airports What Is a Wetland? Essentially, wetlands are areas where water covers the soil or is present at or near the soil surface for prolonged periods. The extent of saturation largely determines how the soil develops and the types of plant and animal communities that can inhabit the soil and its surface. Standing water does not have to be present for a habitat to be defined as a wetland. Wetlands provide a variety of environmental functions and values, and proposed projects that could adversely affect a wetland or its functions and values must be offset through compensatory mitigation to replace the lost functions and values. Wetlands come in many forms, and the process for identifying wetland impacts and implementing a wetland mitigation project begins with determining the type of wetland that could be affected by a proposed project and the extent of the potential impacts. The S U M M A R Y Wetland Mitigation, Volume 2: A Guidebook for Airports

2 Wetland Mitigation, Volume 2: A Guidebook for Airports presence and extent of the wetland must be quantified through a wetland delineation, and the functions and values provided by the wetland must be quantified through a functional assessment. The methods used to perform a functional assessment can vary by region or the type of wetland affected. An appropriate mitigation strategy cannot be identified until the potential impacts have been quantified, and a project cannot move forward or create a wetland impact until the proposed mitigation strategy has been determined. Other Environmental Resources/Considerations Wetlands may not be the only resource affected by a proposed project, and wetland removal or impacts to wetland functions and values may result in secondary impacts, such as impacts to plants, animals and their habitats, or local hydrology. Most wetland impacts occur as part of a larger project and must be addressed within the context of that overall project. Airport Operations, Wetlands, and Safety Issues Airports are specialized environments, and safety is paramount. Many airport facility locations are fixed by function, meaning that they must be installed in specific places to support aircraft operations. For example, facilities such as lights or navigation aids must be installed in specific places relative to runway ends, outside of safety areas, etc. Wetland impacts may be unavoidable. On the other hand, the presence of wetlands and wetland mitigation sites can pose risks to aircraft operations because wetlands and open water can attract hazardous wildlife to the airport and increase the risk of wildlife strikes. As a result, the presence of on-site wetlands and the potential effects of mitigation to offset wetland impacts must also be considered carefully. A Complex Regulatory Environment The regulations associated with wetland impacts and compensatory mitigation are complex and involve coordination among numerous agencies and stakeholders. The planning, permitting, design, construction, and long-term maintenance of these projects can involve coordination with multiple resource agencies including federal, state, and local entities. In some cases, more than one agency may have jurisdiction of wetland resources, and mitigation will have to satisfy each agency. In addition, airport improve- ment projects that require Federal Aviation Administration (FAA) funding or approval are subject to the National Environmental Policy Act of 1969 (NEPA) for which the FAA serves as the lead federal agency. If a proposed project that results in wetland impacts does not include FAA funding or approvals, the USACE will serve as the lead agency pursuant to NEPA. If a NEPA evaluation is required for a proposed project, such as an Environmental Assess- ment (EA) or Environmental Impact Statement (EIS), FAA recommends that environmental issues “be identified and considered early in a proposed action’s planning process to ensure efficient, timely, and effective environmental review” (FAA 2005a). Identifying potential constraints early in the project planning phase will help airport operators to identify, avoid, and minimize potential impacts as well as to better control project costs and timeframes. Stakeholders that may be involved in project planning in addition to federal, state, and local agencies include representatives from Native American tribes, airport neighbors, and environmental advocacy groups. Chapter 2 of this guidebook describes the NEPA processes, and Chapter 8 presents necessary public involvement and stakeholder coordination processes associated with NEPA compliance.

Summary 3 Mitigation Planning In 2008, the USEPA and the USACE issued regulations regarding compensatory mitiga- tion. The 2008 Compensatory Mitigation Rule established three mechanisms for providing compensatory mitigation: mitigation banks, in-lieu-fee programs, and permittee-responsible mitigation, which includes wetland preservation, restoration, enhancement, or establishment/ creation. The regulatory requirements triggered by the implementation of any or all these mitigation methods can vary greatly depending upon factors, including: • The type and extent of wetland impacts requiring mitigation; • The availability and location of suitable mitigation sites, wetland banks, or in-lieu-fee programs; • The presence of other environmental resources or related constraints such as the pres- ence of listed/candidate species, historic or cultural, or the potential to attract hazardous wildlife or interfere with aircraft operations; and • The number of regulatory agencies associated with affected wetlands or other resources. Mitigation Challenges Each type of wetland mitigation can present a challenge to airport operators. Banking and in-lieu-fee do not require significant engineering and design components, but they involve substantial coordination with regulatory agencies and wetland administrators. Permittee- responsible mitigation strategies, such as wetland creation or enhancement, require more extensive engineering and design elements as well as long-term maintenance and moni- toring following wetland construction or enhancement. As a result, permittee-responsible mitigation is usually pursued only when wetland credits (banking) or in-lieu-fee options are not available or when a specific resource requires specialized mitigation. A key element associated with successful permittee-responsible mitigation is the find- ing of a suitable mitigation site, which can require considerable time, effort, and cost. Engineering and design considerations associated with mitigation site selection include up-front field investigations such as hydrologic studies and wetland delineations. It is important to determine how a mitigation site will be managed long after construction and post-project monitoring are complete, and long-term management must be identified on permit applications. The design of wetland mitigation sites will vary by location and the type of mitigation necessary, and participation by wetland professionals will be necessary throughout the mitigation process from inception and planning through post-construction monitoring. Chapter 6 presents a discussion of engineering and design challenges associ- ated with mitigation planning and design. In addition to engineering and design considerations, airport operators must be conscious of mitigation costs, which can vary greatly depending on the type and scale of mitigation necessary. Mitigation costs associated with an Airport Improvement Program (AIP) project are eligible for AIP funds. Mitigation monitoring may be an eligible cost according to the FAA’s Airport Improvement Program Handbook (FAA 2014). If the funding for the project is provided by only the sponsor and/or the state, opportunities to secure funding from other partners may be available on a project-specific basis. Conclusions Wetlands are complex ecological systems that must be protected, but wetland protec- tion can raise challenges for airport operators based on complex regulatory frameworks that govern both wetland resources and airport operations. This guidebook offers background

4 Wetland Mitigation, Volume 2: A Guidebook for Airports information on applicable regulations, those responsible for implementing those regulations, and the mitigation strategies that are available to airport operators to achieve regulatory compliance. Not every cited regulation or every strategy will apply to every wetland mitigation project, but a better understanding of wetland resources, mitigation strategies, and the regulatory environment can help airport operators address the challenges associated with airport wetlands and project-related wetland mitigation in a timely and cost-effective manner. This guidebook closes with examples of successful mitigation projects completed at six airports in different FAA regions. Wetlands provide beneficial functions to airports such as ground water recharge/discharge, flood flow alteration, and nutrient and con- taminant removal/transformation. However, wetlands can also be significant hazard- ous wildlife attractants and/or create unstable ground conditions within runway safety areas/protection zones. Although the airports and their associated mitigation projects vary in size, geographic settings, climate, and the types of mitigation provided, each example provides airport operators an idea or insight that may be useful for addressing future wetland mitigation projects.