ODOT Office of Environmental Services Ecological Section
Slide 2
Mitigation Background Some definitions.. Mitigation The action
of reducing the severity, seriousness, or painfulness of something
To lessen in force or intensity Compensate Reducing or offsetting
the unpleasant or unwelcome effects of something Making up for a
loss Compensatory Mitigation For ODOT this would be actions to
offset negative impacts to natural resources resulting from
transportation projects Replacement of lost functions and values
and/or ecological services
Slide 3
Mitigation Background Mitigation occurs after avoidance and
minimization measures have been exhausted Mitigation is the result
of negotiated waterway permits and /or other required
permits/approvals Mitigation includes the preservation,
restoration, and/or creation of natural areas and systems ODOT has
been involved with mitigation for at least 20 years, starting with
wetland mitigation
Slide 4
What types of natural resource mitigation is ODOT involved
with? Stream Mitigation Wetland Mitigation Endangered Species
Mitigation (AKA Conservation Measures) Stormwater Mitigation
(Office of Hydraulic Engineering) Scenic River Mitigation
Other
Slide 5
Regarding mitigation, what rules are we required to follow?
Federal Clean Water Act Section 404/401: Fill in streams and
wetlands (USACE, OEPA) Section 402 NPDES: stormwater, discharges
(OEPA) Ohio Isolated Wetland Rule Federal Endangered Species Act
Section 7 Programmatic Biological Opinion on the Indiana bat Other
laws- Scenic River, Section 106, 4(f), 6(f), etc.
Slide 6
Approximately 5% of ODOTs projects have a mitigation component,
some of which have multiple mitigation sites for a particular
project Over half of Ohios 88 Counties have some type of ODOT
mitigation project that occurs within their boundaries Over 5,000
acres of mitigation land are in ODOTs inventory under protection
(and growing on a daily basis)
Slide 7
Overview ODOT owns over 130 acres of wetland bank credits at
approximately 9 different wetland banks Multiple ODOT mitigation
sites have pooled credits for future ODOT use Stream, wetland, and
species sites Over 100,000 linear feet of stream Over 50 acres of
wetlands Over 2,000 acres of species Most of ODOTs mitigation sites
are protected in perpetuity via a legal protection instrument as
required by regulations
Slide 8
Overview Currently, ODOT has 18 mitigation sites that are
within the 5 year monitoring period (some are monitored for much
longer) We perform annual monitoring (for at least 5 years) to
ensure compliance with performance standards outlined in permits or
other approvals ODOT works with third party non profit
organizations (ODNR, land trusts, etc.) as easement holders or long
term property owners.
Slide 9
Overview http://www.dot.state.oh.us/Divisions/Planning
/Environment/Ecological_Resources_Permits/
MitigationInventory/Pages/default.aspx ODOT Mitigation Inventory is
our one stop shop and clearinghouse of information for ODOTs
Mitigation Program Can search by list, county, or using the map
function Pertinent project information for each site (permits,
other approvals, permit compliance reports, mitigation release
letters, legal instruments, etc)
Slide 10
Options for Mitigating Mitigation Bank Public or Private third
party bank sponsor Approved by Interagency Review Team (IRT) via
banking instrument Site is established before credits can be sold
Liability/responsibility is transferred from applicant to bank
sponsor for all aspects of mitigation Multiple wetland mitigation
banks in Ohio. Price widely variable per watershed. Results in
large scale mitigation projects with a high level of assurances to
IRT, both ecologically and financially Highest preference in the
USACE Mitigation Rule
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Options for Mitigating In-Lieu Fee (ILF) ILF sponsor must be a
natural resource based state/local agency or non-profit Approved by
Interagency Review Team (IRT) Advanced credits can be sold prior to
mitigation site development. Have 3 years to complete the
mitigation on the ground. Liability/responsibility is transferred
from applicant to ILF sponsor for all aspects of mitigation New to
Ohio. Should be many options by the end of 2014 for streams and
wetlands. Statewide and regional options. Results in large scale
mitigation projects with a high level of assurances to IRT Second
preference in the USACE Mitigation Rule
Slide 12
Options for Mitigating Permittee Responsible Mitigation (PRM)
Permittee is responsible for all aspects of mitigation Locating
opportunities, property acquisition, permitting, design and
planning, project implementation, monitoring and adaptive
management, long term protection and management Approved by
USACE/OEPA through the applicants permit process Must meet
performance standards in permits Can result in small or large scale
projects.
Slide 13
Options for Mitigating PRM Continued. Level of ecological and
financial assurance is not viewed as being on par with banks/ILFs
Third preference in USACE mitigation rule ODOT is perhaps unfairly
lumped into this category with the one time applicants In many
instances, PRM can prove to be a cheaper alternative while still
providing quality mitigation ODOT has contracted multiple times
with specialized teams for full delivery turnkey PRM projects that
has resulted in high quality mitigation, while still providing cost
containment Can still conducted PRM with significant ecological
justification
Slide 14
Creation Manipulation of the landscape in attempt to develop a
resources where it did not previously exist Restoration Attempting
to restore historic natural resource functions to a landscape
Enhancement Improvements made to existing areas Preservation
Perpetual protection of high quality natural resources either by
fee simple/easement acquisition with legal protection
instrument
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SUM-8 PIDs 24507/24508 Pond Brook restoration FRA-270/315-23
Panhandle Dam Removal Olentangy River
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HOC/ATH-33 PID 14040 Wetland Mitigation Site
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Focus on high quality stream, wetland, or forest habitat For
streams class 2/3, WWH, EHW, etc. For wetlands high category 2 and
all category 3 For endangered species (Indiana bat) suitable
forested habitat known to harbor Indiana bats or with records
nearby
Slide 18
Stream Mitigation USACE Final Compensatory Mitigation Rule
(2008) and Mitigation Guidelines Checklist OEPA No stream
mitigation rules currently available. Case by case Wetland
Mitigation USACE Final Compensatory Mitigation Rule (2008) and
Mitigation Guidelines Checklist OEPA Wetland Water Quality
Standards/Anti-Deg Endangered Species Mitigation/Conservation No
rules currently exist. Case by case Species dependent based upon
recovery plans National guidance forthcoming?
Slide 19
For stream/wetland mitigation On site (within 1 mile) has
historically been the preference Should be within 8 digit HUC Can
move outside of the 8 digit HUC on case by case basis with approval
Order of preference per rules: Banks, In-lieu fee, permittee
responsible For endangered species conservation For the Indiana
bat, forested habitat with known Indiana bat records
(female/juvenile)
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This can be extremely difficult if not impossible in some parts
of the state Director of ODOT only has eminent domain power for
wetland mitigation Must be willing sellers for stream/endangered
species mitigation This process can take 2-4 years to complete and
is not schedule friendly Plan ahead and accordingly!
Slide 21
The process can take several years to complete and can be very
uncertain, time consuming and cumbersome 8 major environmental task
categories with many smaller tasks contained within the major
categories Impact and need assessment Mitigation opportunities
inventory Potential mitigation assessment Mitigation plan and
design Permitting and/or other approvals Construction Monitoring,
maintenance, and/or adaptive management Long term protection and
management
Slide 22
When incorporating real estate tasks, the process is 13 steps
Real estate tasks overlap with many of the environmental task
categories and constitute a significant portion of the process,
time, and costs Property research, title reports, appraisals,
identifying and qualifying 3 rd party holders,
negotiations/closings, preparation and recording of instruments,
etc. OES manages the real estate process for mitigation sites OES
coordinates with Office of Real Estate and District Real Estate
offices as appropriate
Slide 23
Mitigation Opportunities Can be found through existing ODOT
pooled mitigation sites, ILFs,or banks Can have a more formal
Mitigation Opportunities Inventory and Report produced Mitigation
Opportunities Inventory/Report A specific opportunities search
targeted for the requirements of specific project or a larger area
(e.g. project based, watershed based, management unit based,
district boundary based, etc.)
Slide 24
Provides a comprehensive search for: On site opportunities
(within one mile of the project) Typically identified in earlier
project planning, but could be Excess Parcels (E Parcels) Off site
opportunities ILFs, Banks. or ODOT pooled mitigation areas
Properties currently for sale by owner identified through a real
estate search Conservation organization projects (e.g. land trusts,
park districts, watershed groups, etc.) This acts as toolbox from
which ODOT can shortlist and act on mitigation options
Slide 25
For ODOT, firms must be prequalified in stream/wetland
mitigation, which requires the firm be prequalified for ecological
surveys For streams/wetlands, can separated into a conceptual and
final plan Waterway Permits Manual covers mitigation plan
requirements USACE Mitigation Rule and Guidelines Checklist 404
permit cannot be approved until USACE approves Final Mitigation
Plan
Slide 26
Major components of a mitigation plan Overall mitigation goals
and objectives Baseline information of proposed impact site and
mitigation site Mitigation site selection and justification
Mitigation work plan (this may be more involved if
creation/restoration is part of your mitigation plan) Performance
standards Site protection and maintenance Monitoring plan Adaptive
management plan The level of detail depends on the amount and type
of mitigation that is being proposed Performance standards are
critical part of the whole process Negotiation of achievable
performance standards is key to being able to meet the performance
standards and eventually receive a mitigation release from the
agencies
Slide 27
For endangered species mitigation, the USFWS requires a
conservation banking prospectus ODOT is working with USFWS to
develop a more streamlined process for single user sites Similar
type of document as a stream/wetland mitigation plan, but with less
engineering detail typically because primarily preservation ODOT
establishing pooled bat habitat conservation areas in various areas
of the state SCCC2 Bat Conservation Area approx. 2,500 acres
Conducting inventory in other parts of Ohio to have statewide
coverage in conjunction with our Indiana bat Programmatic
Agreement.
Slide 28
Mitigation is highly specialized work Oversight by OES or
prequalified consultants are critical to success ODOT has found it
better to create separate projects (from the overall transportation
project construction) for mitigation construction in order to get
better products A mitigation construction schedule is critical to
success especially with planting considerations Deviations from the
plan are common, but need OES and/or agency review Some projects
may have permit deadlines for completing the construction of the
mitigation project
Slide 29
Typically a 5 year monitoring period that begins the first full
year following completion of construction The monitoring depends on
what is in the final waterway permits (or USFWS approval letter)
Typical monitoring items include: Hydrology, soils, vegetation
(VIBI), water quality, wildlife, photographs The monitoring must
provide sufficient detail to analyze whether or not the site is
meeting performance standards
Slide 30
An annual permit compliance report (PCR) is produced that is
coordinated with the agencies Typically a 3 rd and 5 th year agency
field review is required Agencies may make comments after field
reviews and/or after review of annual PCR Comments typically
performance standard based ODOT may conduct adaptive management as
necessary The goal is to obtain mitigation release letters at the
end of the five years of monitoring
Slide 31
Sites must be protected in perpetuity via legal protection
instrument Could be environmental resource easement (ERE) or
restrictive covenant (RC) ODOT maintains some sites fee simple for
long term management Preference is towards transferring ownership
of sites to 3 rd parties for long term ownership/stewardship (ODNR,
land trusts, etc.)
Slide 32
ODOT is bound by waterway permit, USFWS, and/or NEPA
environmental commitments to ensure that mitigation sites protected
in perpetuity are in compliance with the restrictions in the legal
protection instrument This is done by both ODOT and/or 3 rd parties
depending on the site Any issues with a particular site must be
dealt with (tree cutting, encroachments, dumping, etc.) Developing
a better process for reviewing these sites
Slide 33
For the most part we are doing pretty well Exceeding
performance standards on many projects National award for wetland
creation on PER-93 Constructing excess mitigation for use on future
projects (pooled mitigation) Learning from past mistakes
(sometimes) Meeting the performance standards and permit conditions
on a majority of the projects up to this point, however, things
will get tougher in the future Obtaining mitigation releases on
nearly every mitigation project, some requiring some adaptive
management All information is pertaining to each mitigation site
(permits, legal protection instruments, permit compliance reports,
etc.) ODOT mitigation inventory website
Slide 34
Environmental commitments and how they are accomplished
Examples of commitments may include: Instream work restrictions
Species surveys and/or relocations Cutting dates or avoiding
terrestrial areas at certain times of year (or other
avoidance/minimization) Adhering to fill limits allowed by waterway
permits (permanent and temporary fills) Mitigation/Conservation
Measures Monitoring of adjacent areas post-impact
Slide 35
Commitments be implemented by: Plan notes Design changes
resulting in changes to plans Special Provisions Utilizing OES
staff, consultants, or contractors (depending on activity) to
conduct commitment work prior to construction Conducting
mitigation/conservation measures in some fashion
Slide 36
773 acres of forested habitat Suitable habitat for federally
listed bats 77,360 linear feet of stream impact 10.42 acres of
wetlands Impact to two state endangered plant species Impact to a
known mussel bed at Little Scioto Creek
Slide 37
Seasonal clearing of all trees to avoid direct impacts to
federally listed bat Separate tree clearing contract is necessary
to meet schedule Seasonal work restrictions on some streams No work
in the water from April 15 to June 30 for any stream designated
Class III PHWH or WWH. Mussel survey and relocation on the Little
Scioto River Estimated cost of $20,000 Rare Plant relocations to
protected properties Done by ODOT-OES No build zones to protect
streams and wetlands within the right of way
Slide 38
Bat habitat conservation measures Protection of a minimum 773
acres of suitable forested habitat in perpetuity Estimated cost
$5-10 million Stream mitigation 117,298 linear feet of streams
preserved and/or restored at multiple sites Estimated cost
$12.5-12.6 million Wetland mitigation 22.55 acres obtained from two
wetland banks and an ODOT pooled mitigation area Estimated cost
$1-1.1 million Environmental compliance monitor Incorporated into
the contract