Compensatory Mitigation in North Carolina & Challenges in Urban SettingsRussellSWwebinarMarch_16-2022_0

March 16, 2022
Compensatory Mitigation in North Carolina
&
Challenges in Urban Settings Periann Russell
Division of Mitigation Services
Compensatory Mitigation Defined
Section 404 of the Clean Water Act (CWA)
regulates the discharge of dredge and fill material in waters of the
United States, including many wetlands and streams
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Compensatory Mitigation (permitting component of CWA)
defined as offsetting unavoidable impacts to wetlands, streams, and
other aquatic resources via restoration, establishment, enhancement,
and/or preservation
(National Wetlands Newsletter, Vol. 37, No. 6, Copyright © 2015 Environmental Law Institute ® Washington, DC, USA By
Joseph A. Morgan and Palmer Hough)
NC Compensatory Mitigation
Part of the 404/401 permitting process
Subject to review and approval by Federal and State Agencies
Success/Credits of projects based on performance standards
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DMS
NCDOT Stream & Wetland ILF
Nutrient Offset ILF
Riparian Buffer ILF
Statewide Stream & Wetland ILF
DMS Programs
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5
650 total projects Over 200 active
2.7 million
stream credits
Approx. 4 million
linear feet
Over 12,000
wetland credits
Approx. 29,000
wetland acres
Average 20 projects contracted per year
(44 projects contracted last year)
We Suffer from Urban Stream Syndrome
Describes the ecological degradation
of streams draining urban land
(Walsh et.al 2022)
Flashy hydrograph
High nutrient concentrations
Altered channel morphology
Changes in groundwater discharge
Degraded (or absent) riparian vegetation
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Disruption of the hydrologic cycle
NC Mitigation in Urban Areas -CHALLENGES
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•Credits
•Cost
•Goals
•Site Location
•Design
•Public Perception
•Maintenance
NC Regulatory Credit Structure
Credit Ratios
•Restoration 1:1 (1’ of stream restoration = 1 credit)
•Enhancement I 1.5:1
•Enhancement II 2:1
Predictable ratios allow for economically feasible restoration
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Urban Credit Structure
Non-urban Credit Structure is not
Applicable to Urban Stream
Restoration
Additional Considerations for
economical feasibility
o Stormwater Measures
o Non-traditional Buffer widths
o Educational Value (greenways,
interpretative centers, signage)
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Freedom Park Sugar Creek, Charlotte, NC
Cost
Double/Triple Land Stormwater Control MeasuresRetrofitConstraints
Measurable GoalsNutrientsAquatic habitatBiologyVertical and Lateral ErosionBuffer Vegetation
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https://chesapeakestormwater.net/the-bubbas/2014-bubbas/2014-urban-stream-restoration/
Site Location
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•Constraints
Sewer lines
Power lines
Buildings
Culverts
•Willing
landowners
Capital Blvd adjacent to Pigeon House Branch
Design
•Hydrology –Water, Water, Water
•Sediment Supply and Transport
•Existing Infrastructure
•Stormwater Control Measures
•Riparian Vegetation
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Courtesy Capital Region Watershed District
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Alluvial deposition on bench in Hillsdale Park Greensboro, NC
Confined stream and buffers on bench
Chavis Park Raleigh, NC
Confined Stream
Starmount park country club Greensboro, NC
Public Perception
‘deficit model’
of public understanding and from a lack of fit between the expectations of restoration and
policy workers and those of their local publics
Environment and Planning C: Government and Policy,Volume: 24 issue: 5,page(s): 661-680
Issue published:October 1, 2006
•Aesthetics
•Concerns e.g., crime, snakes
•Expectations
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Maintenance
•Stormwater Control Measures (SCM)
SCMs must be maintained properly
Maintenance needs depend on the type of SCM
SCMs inspected on a minimum quarterly basis
•Costs
•Vegetation Management
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Stormwater Wetland
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one cell of an experimental 3-tiered stormwater wetland in need of maintenance
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Oak planting being overtaken by
honeysuckle, Chavis Park, NC
Functional Uplift in Successful Urban Mitigation
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Mitigation Functional
Returns
Hope for the Future?
North Carolina Natural Infrastructure Program (NCNIP)
2020 NC General Assembly amended DMS enabling legislation
Blueprint
Stoney Creek Pilot
Flooding funds are targeted for Municipalities
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Questions?
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NC In-Lieu Fee Program Basics
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Developer Impacts
Mitigation
Permittee
Responsible
Mitigation
Bank Credits
In-Lieu Fee to
DMS