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The New Isolated The New Isolated Wetlands Regulatory Wetlands Regulatory Program Program Andrew Pelloso Andrew Pelloso James Robb James Robb Liz Elverson Liz Elverson Indiana Department of Environmental Indiana Department of Environmental Management Management Office of Water Quality Office of Water Quality Wetland Regulatory Program Wetland Regulatory Program

The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

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Page 1: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

The New Isolated The New Isolated Wetlands Regulatory Wetlands Regulatory

ProgramProgram

Andrew PellosoAndrew PellosoJames RobbJames RobbLiz ElversonLiz Elverson

Indiana Department of Environmental Indiana Department of Environmental ManagementManagement

Office of Water QualityOffice of Water QualityWetland Regulatory Program Wetland Regulatory Program

Page 2: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Workshop OverviewWorkshop Overview

Introduction of SpeakersIntroduction of SpeakersBasic Components of the New Basic Components of the New

LawLawPermitting InformationPermitting InformationNavigating the ApplicationNavigating the ApplicationCompensatory MitigationCompensatory MitigationQuestion and AnswerQuestion and Answer

Page 3: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Basic Components of the Basic Components of the New State Isolated Wetland New State Isolated Wetland LawLaw

An overview of the An overview of the key components of IC 13-18-key components of IC 13-18-2222

Page 4: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

GoalsGoals

Promote a net gain in high quality Promote a net gain in high quality isolated wetlandsisolated wetlands

Assure that compensatory Assure that compensatory mitigation will offset the loss of mitigation will offset the loss of isolated wetlands allowed by the isolated wetlands allowed by the permitting program.permitting program.

Page 5: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

ClassificationClassification

Three classes of isolated wetlandsThree classes of isolated wetlands Class IIIClass III Class IIClass II Class IClass I

ApplicantsApplicants must class *all* isolated must class *all* isolated wetlands on the tractwetlands on the tract

ApplicantsApplicants must provide a rationale must provide a rationale (documentation) for the class (documentation) for the class chosenchosen

Page 6: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

An isolated An isolated wetland that is wetland that is located in a located in a setting setting undisturbed or undisturbed or minimally minimally disturbed by disturbed by human activity or human activity or developmentdevelopment

And that supports And that supports more than more than minimal wildlife or minimal wildlife or aquatic habitat or aquatic habitat or hydrologic hydrologic functionfunction

Class III Isolated WetlandsClass III Isolated Wetlands

Minimally Disturbed

Rare & Important

ClassIII

One of 18 rare One of 18 rare or ecologically or ecologically important important types, e.g., fen, types, e.g., fen, dune, swale, dune, swale, forested swampforested swamp UnlessUnless it is: it is:

Significantly Significantly disturbed, ordisturbed, or

Low qualityLow quality

Significantly Disturbed

Low Quality

James Robb
This is an extreme oversimplification, but that may be what is needed in this case. This is one situation where animating the different components of the diagram may make it easier to discuss.
Page 7: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Class III Wetlands Class III Wetlands Rare/Ecologically Impt. Rare/Ecologically Impt. ExamplesExamples

Pipewort Pond, Elkhart Co., Muck flat & Sand Pipewort Pond, Elkhart Co., Muck flat & Sand flatflat

Yost Pond, LaGrange Co., Acid BogYost Pond, LaGrange Co., Acid BogOak Ridge Oak Ridge

ParkPark

Lake Co.Lake Co.

Shrub SwampShrub Swamp

Ritchey Woods, Hamilton Co., Seep

Page 8: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

At least 50% of At least 50% of the wetland has the wetland has been disturbed or been disturbed or affected by human affected by human activity or activity or development by:development by: Removal or Removal or

replacement of the replacement of the natural vegetationnatural vegetation

Modification of the Modification of the natural hydrologynatural hydrology

The wetland The wetland supports only supports only minimal wildlife or minimal wildlife or aquatic habitat or aquatic habitat or hydrologic function hydrologic function because because the wetland does not the wetland does not

provide critical provide critical habitat for federally habitat for federally threatened or threatened or endangered species; endangered species; andand

The wetland is The wetland is characterized by at characterized by at least one of the least one of the following:following:

The wetland is typified The wetland is typified by low species diversity by low species diversity

The wetland contains The wetland contains greater than 50% areal greater than 50% areal coverage of non-native coverage of non-native speciesspecies

The wetland does not The wetland does not support significant support significant wildlife or aquatic wildlife or aquatic habitathabitat

The wetland does not The wetland does not possess significant possess significant hydrologic functionhydrologic function

Class I Isolated WetlandsClass I Isolated Wetlands

Significantly Disturbed

Minimally Disturbed

Low Quality

Rare & Important

ClassI

ClassIII

James Robb
This is an extreme oversimplification, but that may be what is needed in this case. This is one situation where animating the different components of the diagram may make it easier to discuss.
Page 9: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Class I WetlandsClass I WetlandsSignificantly Disturbed Significantly Disturbed ExamplesExamples

Removal/replacement of natural vegetation, Miami Co.

◄Modification of the Natural hydrology,Allen Co.

Page 10: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Class I WetlandsClass I WetlandsLow Quality ExamplesLow Quality Examples

Low Species Diversity, Marion Co.

Non-native invasive ►species, Steuben Co.

Page 11: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Class II Isolated WetlandsClass II Isolated Wetlands

Significantly Disturbed

Minimally Disturbed

Low Quality

Rare & Important

ClassIII

ClassII

ClassI

Defined as: Defined as: Not a Class I or Not a Class I or

Class III wetland Class III wetland Would meet the Would meet the

Class I definition Class I definition if the wetland if the wetland were not a rare were not a rare and ecologically and ecologically important type.important type.

James Robb
This is an extreme oversimplification, but that may be what is needed in this case. This is one situation where animating the different components of the diagram may make it easier to discuss.
Page 12: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Types of Exempt Isolated Types of Exempt Isolated WetlandsWetlands

1. Voluntarily created wetlands1. Voluntarily created wetlands

2. Incidental features2. Incidental features

3. Fringe associated with a private pond3. Fringe associated with a private pond

4. Wetlands associated with a man-made 4. Wetlands associated with a man-made body of water created from uplandbody of water created from upland

5. Exemptions of specific size and class 5. Exemptions of specific size and class combinationscombinations

6. Wetlands located on land subject to 6. Wetlands located on land subject to SwampbusterSwampbuster

7. Pollution control structure wetlands7. Pollution control structure wetlands

Page 13: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Voluntarily Created WetlandsVoluntarily Created Wetlands

As defined in the Act, a voluntarily created As defined in the Act, a voluntarily created wetland is an isolated wetland that: wetland is an isolated wetland that: was restored or created in the absence of a

governmental order, directive, or regulatory requirement concerning the restoration or creation of the wetland AND

has not been applied for or used as compensatory mitigation or another regulatory purpose that would have the effect of subjecting the wetland to regulation as waters by: the department OR another governmental entity

Page 14: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Incidental Features – DefinedIncidental Features – Defined

An isolated wetland is considered exempt if it exists as an incidental feature in or on: a residential lawn a lawn or landscaped area of a commercial

or governmental complex agricultural land a roadside ditch an irrigation ditch a manmade drainage control structure

Page 15: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Incidental Features – Further Incidental Features – Further DefinedDefined

In addition, for an isolated wetland to In addition, for an isolated wetland to exist as an incidental feature:exist as an incidental feature: the owner or operator of the property or

facility must not intend the isolated wetland to be a wetland

AND the isolated wetland must not be essential to

the function or use of the property or facilityAND the isolated wetland must arise

spontaneously as a result of damp soil conditions incidental to the function or use of the property or facility

Page 16: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Fringe Associated with a Fringe Associated with a Private PondPrivate Pond

Photo Courtesy of Jeremy KieffnerBernardin, Lochmueller, and Associates

Page 17: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Associations with Upland Associations with Upland Man-made WaterbodiesMan-made Waterbodies

Photo Courtesy of Randy Jones - AquaTerra Consulting

Page 18: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Size & Class ExemptionsSize & Class ExemptionsClass I exemptionsClass I exemptions

A A Class I Class I exemption can be:exemption can be: The acreage of the largest individual Class The acreage of the largest individual Class

I wetland on the tract which qualifies and I wetland on the tract which qualifies and is equal to or less than 0.5 acre in sizeis equal to or less than 0.5 acre in size

OROR 50% of the cumulative acreage of all Class 50% of the cumulative acreage of all Class

I wetlands on the tract which qualify and I wetlands on the tract which qualify and are equal to or less than 0.5 acre in sizeare equal to or less than 0.5 acre in size

Page 19: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Size & Class ExemptionsSize & Class ExemptionsClass II exemptionsClass II exemptions

A A Class II Class II exemption can be:exemption can be: The acreage of the largest individual The acreage of the largest individual

Class II wetland on the tract which Class II wetland on the tract which qualifies and is equal to or less than qualifies and is equal to or less than 0.25 acre in size0.25 acre in size

OROR 333311//33 of the cumulative acreage of all of the cumulative acreage of all

Class II wetlands on the tract which Class II wetlands on the tract which qualify and are equal to or less than qualify and are equal to or less than 0.25 acre in size0.25 acre in size

Page 20: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Size ExemptionsSize Exemptions

The number of size exemptions The number of size exemptions on a particular tract is limited.on a particular tract is limited.

For Class I this limit is either: the acreage of the largest the acreage of the largest

individual isolated wetland on the individual isolated wetland on the tract tract << 0.5 acre OR 0.5 acre OR

50% of the cumulative acreage of 50% of the cumulative acreage of all individual isolated wetlands on all individual isolated wetlands on the tract the tract << 0.5 acre 0.5 acre

For Class II this limit is either:For Class II this limit is either: The total acreage of the largest The total acreage of the largest

individual isolated wetland on the individual isolated wetland on the tract tract << 0.25 acre, or 0.25 acre, or

33 33 11//33% of the cumulative % of the cumulative acreage of all individual isolated acreage of all individual isolated wetlands on the tractwetlands on the tract << 0.25 acre 0.25 acre

LegendStreams Class I

Class IIConnected

Page 21: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Size Exemption Size Exemption LimitsLimitsExampleExample

1.1. Delineate all the Delineate all the wetlands on the tractwetlands on the tract

2.2. Remove from Remove from consideration:consideration: Connected wetlandsConnected wetlands Class II wetlands Class II wetlands

larger than 0.25 acrelarger than 0.25 acre Class I wetlands larger Class I wetlands larger

than 0.5 acrethan 0.5 acre

1.688

1.1480.581

42.033

20.158

2.664

1.791

0.229

0.218

0.194

0.14

0.158

0.155

3.251

2.608

0.92

0.526

0.142

0.106

0.083

3.3. Calculate your Class Calculate your Class II exemption:II exemption: Identify the largest Identify the largest

Class II still under Class II still under consideration (0.14 consideration (0.14 acres).acres).

Sum the acreage of all Sum the acreage of all Class II wetlands still Class II wetlands still under consideration under consideration (0.33 acres) and divide (0.33 acres) and divide by 3 (0.11 acres).by 3 (0.11 acres).

Take the larger of the Take the larger of the two, in this case 0.14 two, in this case 0.14 acres.acres.

4.4. Calculate your Class I Calculate your Class I exemption:exemption: Identify the largest Identify the largest

Class I still under Class I still under consideration (0.22 consideration (0.22 acres).acres).

Sum the acreage of all Sum the acreage of all Class I wetlands still Class I wetlands still under consideration under consideration (0.87 acres) and divide (0.87 acres) and divide by 2 (0.44 acres).by 2 (0.44 acres).

Take the larger of the Take the larger of the two, in this case 0.44 two, in this case 0.44 acres.acres.

LegendStreams Class I

Class IIConnected

Page 22: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Exemptions Due to Exemptions Due to SwampbusterSwampbuster

Isolated wetlands are considered exempt while Isolated wetlands are considered exempt while subject to regulation under the USDA wetland subject to regulation under the USDA wetland conservation rules (Swampbuster) due to conservation rules (Swampbuster) due to enrollment in any federal farm programenrollment in any federal farm program

When land is no longer enrolled in a USDA When land is no longer enrolled in a USDA program, isolated wetlands on the tract are program, isolated wetlands on the tract are subject to the new lawsubject to the new law If landowners were in non-compliance with the If landowners were in non-compliance with the

provisions of the USDA programs in which they are provisions of the USDA programs in which they are enrolled, any activities which have occurred in enrolled, any activities which have occurred in those wetlands are regulated under the new law those wetlands are regulated under the new law and may be construed as “unauthorized activities” and may be construed as “unauthorized activities” by IDEMby IDEM

Page 23: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Exemptions for Pollution Exemptions for Pollution Control StructuresControl Structures

Page 24: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Exemption ExceptionsExemption Exceptions

An isolated wetland that may have An isolated wetland that may have otherwise been exempt is NOT exempt otherwise been exempt is NOT exempt if:if:

the wetland is used for compensatory the wetland is used for compensatory mitigationmitigation

the owner of the wetland declares that it is the owner of the wetland declares that it is a state regulated wetlanda state regulated wetland

Page 25: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Activity ExemptionsActivity Exemptions

de minimis de minimis activitiesactivities

Surface coal Surface coal mining mining

Clean Water Act Clean Water Act section 404(f) section 404(f) activities (normal activities (normal agriculture, agriculture, maintenance, etc.)maintenance, etc.)

Page 26: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Other Provisions of IC 13-Other Provisions of IC 13-18-2218-22

The law also addresses the following:The law also addresses the following: The scope of the General Permits The scope of the General Permits The scope of the Individual Isolated WL The scope of the Individual Isolated WL

PermitPermit Provisions and deadlines for IDEM Provisions and deadlines for IDEM

RulemakingRulemaking Required standards and ratios for Required standards and ratios for

compensatory mitigationcompensatory mitigation Permit review time frames and deadlinesPermit review time frames and deadlines Avoidance, minimization, alternatives, and Avoidance, minimization, alternatives, and

the role of local governmentthe role of local government

Page 27: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Permitting InformationPermitting Information

Application Forms, Types of Application Forms, Types of Permits, Timeframes, and Permits, Timeframes, and GrandfatheringGrandfathering

Page 28: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Choosing the Right Choosing the Right Application FormApplication Form

Three application forms at this time:Three application forms at this time:

Application for Combined Isolated Wetlands Application for Combined Isolated Wetlands General PermitGeneral Permit

Application for Authorization to Discharge Application for Authorization to Discharge Dredged or Fill Material to Isolated Wetlands Dredged or Fill Material to Isolated Wetlands and/or Waters of the State and/or Waters of the State

Regional General Permit Notification FormRegional General Permit Notification Form

All forms are available from:All forms are available from:www.in.gov/idem/water/planbr/401/www.in.gov/idem/water/planbr/401/

application.htmlapplication.html

Page 29: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Application for Combined Isolated Application for Combined Isolated Wetlands General PermitWetlands General Permit

This application is This application is NOTNOT to be used yet to be used yet This application form will be used in the future This application form will be used in the future

for:for: Minimal impacts to Class I or Class II wetlands, where Minimal impacts to Class I or Class II wetlands, where

the activity is analogous to activities now regulated the activity is analogous to activities now regulated under the Corps’ Nationwide permitsunder the Corps’ Nationwide permits

ALL proposed impacts in Class I wetlands not covered ALL proposed impacts in Class I wetlands not covered by the minimal impact General Permitby the minimal impact General Permit

The Combined General Permit application will The Combined General Permit application will be used once rules are finalized and adopted by be used once rules are finalized and adopted by the Water Pollution Control Boardthe Water Pollution Control Board

Page 30: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Application for Authorization to Discharge Application for Authorization to Discharge Dredged or Fill Material to Isolated Dredged or Fill Material to Isolated Wetlands and/or Waters of the StateWetlands and/or Waters of the State

Applicable to all projects that propose impacts Applicable to all projects that propose impacts to to bothboth isolated wetlands isolated wetlands ANDAND jurisdictional jurisdictional wetlands/waterbodieswetlands/waterbodies Required for projects proposing more than minimal Required for projects proposing more than minimal

impacts to Class II wetland and which propose any impacts to Class II wetland and which propose any impact to a Class III wetlandimpact to a Class III wetland

Until rules are developed, this is the form to Until rules are developed, this is the form to use for projects proposing use for projects proposing ANYANY isolated wetland isolated wetland impacts impacts

Read the instructions carefully – fill out all Read the instructions carefully – fill out all sections that are pertinent to your projectsections that are pertinent to your project

Page 31: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Regional General Permit (RGP) Regional General Permit (RGP) Notification FormNotification Form

Does not apply to projects with impacts to Does not apply to projects with impacts to isolated wetlandsisolated wetlands

In general, this form is applicable to projects In general, this form is applicable to projects impacting:impacting: Less than 0.1 acre of wetlandLess than 0.1 acre of wetland Less than 300 linear feet of stream/bankLess than 300 linear feet of stream/bank

Other conditions apply to the RGPOther conditions apply to the RGP This form was updated as of October 18, This form was updated as of October 18,

20042004 Review timeframe for IDEM is now Review timeframe for IDEM is now 30 DAYS30 DAYS

Page 32: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Permitting TimeframesPermitting Timeframes

30 60 90 120

Number of Days Allowed

For isolated permit applications, IDEM has 15 days For isolated permit applications, IDEM has 15 days to review for deficiencies and inform the applicantto review for deficiencies and inform the applicant

Permits are considered to be approved if not issued Permits are considered to be approved if not issued within the allocated time frame (RGP excluded)within the allocated time frame (RGP excluded)

Review

Completeness review

RGP, GP & Class IClass II or III & 401 Reviews

Page 33: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Grandfathering ClauseGrandfathering Clause

IDEM has no authority over the: filling draining elimination by other means

before January 1, 2004, of a wetland that would have been an isolated wetland.

Page 34: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Grandfathering, continuedGrandfathering, continued

IDEM has authority over wetland activities in an isolated wetland, including an exempt isolated wetland, that are subject to the provisions of:

a National Pollutant Discharge Elimination System (NPDES) permit issued by the department under 33 U.S.C. 1342

an agreed order under IC 13-30-3-3, consent order, or consent decree executed by the department and the regulated party

an order issued under IC 13-30-3-4 a judgment of a court enforcing or

upholding an enforcement order or decree that became effective before January 1, 2004

Page 35: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Navigating the ApplicationNavigating the Application

A Guide to Completing the A Guide to Completing the Application Forms and Application Forms and Avoiding a Letter of Avoiding a Letter of DeficiencyDeficiency

Page 36: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Delineation RequirementsDelineation Requirements

Delineations are a required component Delineations are a required component of the applicationof the application

The delineation report must include a The delineation report must include a classification of all isolated wetlandsclassification of all isolated wetlands

Overview tables are helpfulOverview tables are helpful At a glance, the reviewer can identify all At a glance, the reviewer can identify all

wetlands onsite, wetland jurisdiction, wetlands onsite, wetland jurisdiction, wetland class (if isolated), total acreage, wetland class (if isolated), total acreage, and acreage to be impactedand acreage to be impacted

Page 37: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Avoidance, Minimization, and Avoidance, Minimization, and Compensation RequirementsCompensation Requirements

General PermitsGeneral Permits Avoidance/minimization not requiredAvoidance/minimization not required Compensatory mitigation is requiredCompensatory mitigation is required

Class I Wetland PermitsClass I Wetland Permits Avoidance/minimization not requiredAvoidance/minimization not required Compensatory mitigation is requiredCompensatory mitigation is required

Page 38: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Class II Wetland PermitsClass II Wetland Permits AvoidanceAvoidance

without reasonable alternative (local without reasonable alternative (local decision)decision)

reasonably necessary or appropriate reasonably necessary or appropriate (local decision)(local decision)

Minimization not requiredMinimization not required Compensatory mitigation is requiredCompensatory mitigation is required

Avoidance, Minimization, and Avoidance, Minimization, and Compensation RequirementsCompensation Requirements

Page 39: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Class III Wetland PermitsClass III Wetland Permits Avoidance:Avoidance:

without reasonable alternative (local without reasonable alternative (local decision)decision)

reasonably necessary or appropriate reasonably necessary or appropriate (local decision)(local decision)

Without practical alternativeWithout practical alternative

Minimization Minimization isis required required Compensatory mitigation is requiredCompensatory mitigation is required

Avoidance, Minimization, and Avoidance, Minimization, and Compensation RequirementsCompensation Requirements

Page 40: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Adjacent Property OwnersAdjacent Property Owners

To ensure quicker To ensure quicker processing of applications, processing of applications, we recommend submitting we recommend submitting pre-printed label sheetspre-printed label sheets

Labels must be:Labels must be: Formatted for Avery 5160Formatted for Avery 5160 Top line of each label: Top line of each label:

65-42 WQS65-42 WQS ALL CAPS, abbreviate where ALL CAPS, abbreviate where

possible, no punctuationpossible, no punctuation Ten (10) point fontTen (10) point font

65-42 WQS

JOHN SMITH

PO BOX 999

123 S MAIN AVE

GREENWOOD IN 41206

Page 41: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Water Resources WorksheetWater Resources Worksheet

Refer to the example handoutRefer to the example handout

Jurisdictional Wetlands on site are to be Jurisdictional Wetlands on site are to be identified in Section Aidentified in Section A

Isolated Wetlands on site are to be identified Isolated Wetlands on site are to be identified in Section Bin Section B

All wetlands are to be identified in the Water All wetlands are to be identified in the Water Resources Worksheet Resources Worksheet regardlessregardless of whether of whether or not they are to be impactedor not they are to be impacted If the entire wetland is to be impacted, state If the entire wetland is to be impacted, state

thatthat If only a portion of the wetland is to be If only a portion of the wetland is to be

impacted, state the acreage to be impactedimpacted, state the acreage to be impacted

Page 42: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Tract HistoryTract History

For project sites with isolated wetland For project sites with isolated wetland impacts, a tract history is required impacts, a tract history is required

This history should provide information This history should provide information on all the wetlands on the site after on all the wetlands on the site after January 1, 2004, and describe any and January 1, 2004, and describe any and all activities within these wetlandsall activities within these wetlands include impacts allowed to wetlands exempt include impacts allowed to wetlands exempt

from regulation under the various provisions from regulation under the various provisions of federal and state law as well as any prior of federal and state law as well as any prior violations or unauthorized activitiesviolations or unauthorized activities

Page 43: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Common Application PitfallsCommon Application Pitfalls

Incorrect/incomplete application formIncorrect/incomplete application formNo applicant signatureNo applicant signatureMissing Corps correspondenceMissing Corps correspondenceNo tract historyNo tract historyMissing adjacent property ownersMissing adjacent property ownersWorksheet errorsWorksheet errorsNo photos submittedNo photos submittedNot all wetlands on tract are delineatedNot all wetlands on tract are delineated Incorrect mitigation ratiosIncorrect mitigation ratios Incorrect calculation of exemptions for the Incorrect calculation of exemptions for the

projectproject

Page 44: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Compensatory MitigationCompensatory Mitigation

13-18-22 Requirements and 13-18-22 Requirements and IDEM RecommendationsIDEM Recommendations

Page 45: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Forested/Non-Forested Forested/Non-Forested WetlandsWetlands

The Act requires this determination for The Act requires this determination for the purposes of computing required the purposes of computing required mitigationmitigation

No definition of either term (forested or No definition of either term (forested or non-forested) is provided in the Actnon-forested) is provided in the Act

IDEM considers a wetland forested if:IDEM considers a wetland forested if: The wetland is dominated by woody, non-The wetland is dominated by woody, non-

climbing vegetation greater or equal to 3.0 climbing vegetation greater or equal to 3.0 inches DBHinches DBH

Page 46: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Mitigation Ratios - Class Dependant

Impacted Impacted wetlandwetland

Replacement Replacement wetlandwetland

Non-Non-forestedforested ForestedForested

On-On-sitesite

Off-Off-sitesite On-siteOn-site Off-Off-

sitesite

Class IClass IClass IClass I 1.5:11.5:1 1.5:11.5:1 1.5:11.5:1 1.5:11.5:1

Class II or IIIClass II or III 1:11:1 1:11:1 1:11:1 1:11:1

Class IIClass IIClass IClass I -- -- -- --

Class II or IIIClass II or III 1.5:11.5:1 2:12:1 2:12:1 2.5:12.5:1

Class IIIClass III

Class IClass I -- -- -- --

Class IIClass II -- -- -- --

Class IIIClass III 2:12:1 2.5:12.5:1 2.5:12.5:1 3:13:1

Mitigation Ratios - Independent of Class

Up-frontUp-front 1:11:1 1:11:1 1:11:1 1:11:1

Specific circumstanceSpecific circumstance 0:10:1 0:10:1 0:10:1 0:10:1

Page 47: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Compensatory Mitigation Compensatory Mitigation LocationLocation

If off-site, off-site If off-site, off-site location must be:location must be: Within the same Within the same

countycounty

OROR Within the same Within the same

8-digit watershed8-digit watershed

Page 48: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Appropriate MitigationAppropriate Mitigation

Applicants must propose “in-kind” Applicants must propose “in-kind” mitigationmitigation

For stream impacts, mitigate linear foot For stream impacts, mitigate linear foot for linear footfor linear foot

For wetland impacts, mitigate at the For wetland impacts, mitigate at the correct ratio for the type and jurisdiction correct ratio for the type and jurisdiction of the wetland to be impactedof the wetland to be impacted

Page 49: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

So, now what?So, now what?

Page 50: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Program Program StaffStaffRyan CassidyRyan CassidyEast Area Project ManagerEast Area Project Manager(317) 234-1221(317) 234-1221

Liz ElversonLiz ElversonCentral Area Project Central Area Project

Manager Manager (317) 233-2482(317) 233-2482

Marty MaupinMarty MaupinWest Area Project ManagerWest Area Project Manager(317) 233-2471(317) 233-2471

Jason RandolphJason RandolphSouth Area Project ManagerSouth Area Project Manager(317) 233-0467(317) 233-0467

James RobbJames RobbWetland Mitigation Wetland Mitigation

Coordinator Coordinator (317) 233-8802(317) 233-8802

Page 51: The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana Department of Environmental Management Office of Water Quality

Wetlands Regulatory Program - Office of Water Quality

Questions?Questions?

Andrew PellosoAndrew PellosoChief – Wetlands and TMDLsChief – Wetlands and TMDLsOffice of Water QualityOffice of Water QualityIndiana Department of Environmental ManagementIndiana Department of Environmental ManagementP.O. Box 6015P.O. Box 6015Indianapolis, Indiana 46206Indianapolis, Indiana 46206

Phone: 317/233-2481Phone: 317/233-2481Fax: 317/232-8406Fax: 317/232-8406E-mail: [email protected]: [email protected] website:Program website:http://www.in.gov/idem/water/planbr/401/index.htmlhttp://www.in.gov/idem/water/planbr/401/index.html