The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana...
-
Upload
gillian-wade -
Category
Documents
-
view
213 -
download
0
Transcript of The New Isolated Wetlands Regulatory Program Andrew Pelloso James Robb Liz Elverson Indiana...
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
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
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
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.
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
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
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
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
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.
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.
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.
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
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
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
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
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
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
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
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
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
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
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
Wetlands Regulatory Program - Office of Water Quality
Exemptions for Pollution Exemptions for Pollution Control StructuresControl Structures
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
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.)
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
Permitting InformationPermitting Information
Application Forms, Types of Application Forms, Types of Permits, Timeframes, and Permits, Timeframes, and GrandfatheringGrandfathering
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
Compensatory MitigationCompensatory Mitigation
13-18-22 Requirements and 13-18-22 Requirements and IDEM RecommendationsIDEM Recommendations
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
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
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
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
Wetlands Regulatory Program - Office of Water Quality
So, now what?So, now what?
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
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