Accomplishments in Support of FY 1996
Federal Highway Administration
Performance Agreement

GOAL 5: Actively enhance our environment through wise transportation decisions.

PERFORMANCE MEASURE: The FHWA is committed to the achievement of the following in support of this goal:

"No net loss" of wetlands in conjunction with highway projects on a region-by-region basis as measured by the percent of wetlands acreage affected by highway projects maintained, acreage of wetlands affected by highway projects, and acreage of wetlands affected by highway projects preserved or replaced.

ACCOMPLISHMENT:

Documenting the completion of this Performance Measure required information from Federal Highway Administration (FHWA) field offices that would allow a comparison of wetland impacts with wetland mitigation efforts. Considering the time constraints of this effort, we determined the simplest and most direct way to gather the information would be strictly on a straight acreage basis; that is, performance would be measured program-wide by comparing the total acres of wetland impacted by highway projects in the Regions to the acres of wetland provided as mitigation. The ratio of total acres impacted to acres mitigated would indicate agency success on meeting the no-net-loss measure . . . greater than or equal to1:1 would accomplish the measure and less than 1:1 would not. We recognized, however, that these results would indicate only nationwide acreage of impacts and mitigation installed over a very short period of time. Few conclusions would be possible concerning replacement of wetland functions and values, long-term mitigation success, ecological effectiveness, and other similar indicators which would be required for a thorough assessment of sustained no-net-loss performance. We, therefore, recommend that information presented here be used with the caution that further and continuing assessment would be necessary to substantiate the status of our no-net-loss performance.

With these limitations in mind, we nevertheless believe the survey of the Regions provided a valuable snapshot of the performance of the Federal-aid highway program in achieving the no-net-loss goal. The overall results indicated that the no-net-loss performance measure was met on an acreage basis for the time frame sampled. On average, the figures indicate that Federal-aid highway projects provided 2.3 acres of wetland mitigation for each acre of impact. (Figure, page 2)

The results may provide insight into the magnitude of the highway program's contribution to overall nationwide wetland impacts and mitigation. Recent estimates of total wetland loss indicate that, between 1982 and 1992, approximately 160,000 acres of wetlands per year were still being converted to other land cover types by all sources of impacts. Also, during that period, approximately 75,000 acres of wetlands per year were being restored or created. Subsequent to 1992, an additional 68,000 acres per year of wetlands have been restored or established as the result of the Wetlands Reserve and other new wetland conservation programs, resulting in a current net loss estimate of approximately 25,000 acres per year nationwide. These figures are based on our interpretation of information available from the U.S. Fish and Wildlife Service National Wetlands Inventory and U.S. Department of Agriculture (USDA) National Resource Inventory. Our sampling indicated that while impacts from the Federal-aid highway program would account for slightly over 2000 acres per year, they still represent a relatively small percentage of the total wetland loss/gain rate.

The following table provides the acreage figures provided by each Region in response to a memorandum* sent to the field in May:

* The memorandum signed by Kevin Heanue on May 31, 1996 asked each Region to supply the acreage of wetlands impacted and mitigated on projects completed since October 1, 1995. Based on the date requested in the memorandum for return of the information, we assumed data were provided for projects completed up until August 1. This resulted in a 10-month window of performance information. These data reflect impacts primarily due to individually permitted highway projects, and might not incorporate losses caused by projects completed under nationwide permits.

The survey also indicates that our mitigation replacement ratio represents about 3% of the estimated total nationwide wetland replacement rate, most of which comes from restoration of agricultural lands. Replacement areas might include wetland banks in which credits are being held for future projects, and do not necessarily represent an actual long-term or permanent gain in the loss-gain balance.

It should be kept in mind that highways are only a small percent of the total societal infrastructure, and to separate out wetlands impacts due only to highway construction might be misleading in determining the real role of transportation development in contributing to loss (or gain) of wetlands in the United States. This is particularly true in the period from 1982-1992, when the wetland loss rate due to urban expansion accounted for 57% (89,000 acres per year) of the gross annual loss rate.

Considering the mitigation ratio indicated by our survey, we would argue that this positive replacement rate is due in large part to the project eligibility and funding provisions for wetland mitigation in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). We consider the ISTEA provisions important factors in compensating for unavoidable wetlands impacts caused by highway development. We also believe these data to indicate opportunities for increased flexibility in mitigating wetlands impacts through other wetland conservation programs which are under funded. This could yield improved cost efficiencies and ecological benefits in mitigating impacts due to highway projects.

MILESTONE 5.2:

Implement at least one additional wetland mitigation bank, interagency wetland conservation program, or water quality action plan per region by September 30, 1996.

ACCOMPLISHMENT:

As indicated below this milestone was accomplished through a variety of activities carried out by FHWA field offices, and the State DOTs, including the development of wetland mitigation banks, water quality plans and other conservation/coordination efforts. Many of the activities were completed early in the year and are part of successful ongoing efforts to protect wetlands and water quality. The developments in wetland banking reflect the increased acceptance of banking as a viable mitigation alternative by resource management agencies, and the development of the Federal Interagency Wetland Banking Guidelines.

ACCOMPLISHMENTS BY REGION:

Region 1:

The FHWA Division Administrators and Federal Agency wetland managers in New England held an interagency workshop on wetland banking concepts and problem areas. One of the workshop objectives was to develop a broad interagency agreement with U.S. Army Corps of Engineers (COE), Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS) on the use of wetland mitigation banks for the federal-aid highway construction program in this region. Since this high level meeting, the agencies have met in an on-going working group to work out details on banking by geographic region, state, or ecoregion, according to which is most practical. A banking agreement was prepared and has been signed by all agencies except one. This final approval is expected within the next few weeks.

Region 3:

In Delaware, the State participated in a Wetland Banking Committee to plan mitigation sites. An area was identified (known as the Healy site) for the initial wetland bank location. It is located on the south side of I-295 in New Castle County, just east of Route 141. It was anticipated that 18+ acres of wetlands would be created on this 24 acre parcel. As design progressed, it was learned that the Delaware Department of Natural Resources (DDNR) had plans to enhance and restore a 263 acre marsh adjacent to the Healy site, though funding was not available at the time. Opportunities were investigated to possibly combine the two sites.

The Healy wetland banking site is currently in design. Final plans call for the creation of 20 acres in New Castle County, as well as, the enhancement of an additional 150 acres in conjunction with the adjacent DDNR site. In addition, another possible site has been identified in Sussex County. This site is the northern part of the Great Cyprus Swamp that had been previously drained. It may be restored in conjunction with the Delaware Wildlands Corporation, a non-profit conservation organization in Delaware.

The COE (Norfolk District) and the Virginia Department of Transportation have drafted separate wetland banking guidelines, but the proposals have many differences. The FHWA Division office in Richmond reports that reconciliation appears possible, so there may be additional banking progress to report in the Region in the future.

On December 21, 1995, the Pennsylvania Department of Transportation (PennDOT) signed an Advance Wetland Compensation Agreement, providing for creation of advance compensation wetland banks within PennDOT District 9-0 (a six county area in southern west-central Pennsylvania). The agreement was also signed by the Pennsylvania FHWA Division Office, the Pennsylvania Department of Environmental Protection and the COE, Pittsburgh and Baltimore Districts. The agreement provides for creation of wetland banks to compensate for minor wetland impacts due to roadway construction and maintenance activities within the six defined sub-basins of the Susquehanna River drainage within the District. Both of these sites will be developed on or adjacent to Pennsylvania State Gamelands. Final Design has been initiated on two banks to date. Design is being performed in cooperation with the Pennsylvania Game Commission and the FWS. The cooperation of all parties in this process should assure high probability of success, while fostering increased cooperation among the participating parties and reducing costs. Design and construction expertise will be provided by Fish and Wildlife Service and the Army Corps. Most proposed sites are on state owned lands or lands which are adjacent to state lands.

Region 4:

South Carolina Department of Transportation (SCDOT) agreed to purchase 9,100 acres of pristine, Sandy Island in coastal Horry County for use in mitigation of future transportation projects in the state. This island is considered to be one of the most important ecological sites on the east coast. The island will serve as a wetland mitigation bank which will also include 7,700 acres in adjoining tracts. Permit and resource agencies worked very closely with the FHWA and SCDOT in a true partnering effort aimed at meeting multiple agency objectives. Other agencies involved include the COE, EPA, FWA, NMFS, the South Carolina Department of Health and Environmental Control, the South Carolina Office of Ocean and Coastal Resource Management and private partners, including the South Carolina Coastal Conservation League, The Nature Conservancy, The Trust for Public Land, and the Winyah Bay Task Force.

The North Carolina Department of Transportation (NCDOT) has seven wetland mitigation banks underway. Eight more are being planned for implementation in 1996. An innovative wetland mitigation program is being undertaken by the North Carolina Department of Environment, Health, and Natural Resources (DEHNR) to identify potential wetland mitigation sites in all the major river basins of the State. Applicants (State, Federal or private) can pay a fee to DEHNR rather than conducting compensatory mitigation on their own. The program still needs legislative approval and seed money from the North Carolina Legislature before it becomes a reality. The FHWA Division office has strongly encouraged the NCDOT to help get this effort underway.

Region 5:

Banking Programs have been established in five out of the six states in the Region. They are Minnesota, Wisconsin, Illinois, Michigan, and Ohio. Ohio is using privately owned banks. Indiana is doing advanced mitigation on a project by project basis, but is thinking about looking into wetland banking again. They like the concept of creating "wetlands of opportunity" on projects where wetlands could be created or expanded at little cost.

Illinois Department of Transportation (IDOT) Wetlands Section has initiated a special training and coordination program with IDOT Design and Construction engineers to provide background on wetlands values and functions, why wetlands are important, and how they are protected. Special emphasis is being placed on what measures are required in the construction process to improve the success of wetland mitigation projects and how best to reduce impacts to wetlands during highway construction.

Region 6:

Arkansas Highway and Transportation Department (AHTD) developed an agreement to establish a new wetland mitigation banking site, 320 acres adjacent the White River National Wildlife Refuge. The property on which the bank will be developed has already been purchased by AHTD, and they are working on a cooperative development plan with the Memphis COE District and the FWS. When completed the bank will be used to mitigate impacts to wetlands by state highway construction projects in the White and St. Francis River drainage.

The Texas Department of Transportation (TxDOT) has a wetland mitigation bank in development, however it is not yet approved. It is in Brazoria County and will address impacts to the coastal bottomland-type wetlands. TxDOT is in the process of compiling information on the site. Texas Parks and Wildlife is seeking management financing.

Region 7:

All four State DOTs in the Region (Kansas, Missouri, Iowa, and Nebraska) approved Interagency NEPA/404 Merger Agreements, including agreements on wetland banking. A Wetland Banking Program is operational in Nebraska.

Region 8:

As part of wetland conservation planning efforts, the Montana Department of Transportation (MTDOT) is supporting a statewide effort to implement the Hydro-Geomorphic Wetland Functional Assessment Methodology (HGM) in the State Highway Construction Program. In addition to participating in interagency workshops and training activities, MTDOT is providing several field biologists to assist in collecting the scientific wetland data needed to implement the HGM method in the 404 permit review process.

Region 9:

Two new wetland mitigation banks are under development in Region Nine: the Carmel River Mitigation Bank in Monterey County, California and the expansion of the Washoe Lake Wetland Bank in Washoe County, Nevada. Habitat features are currently being established at both bank sites, and the multi-agency banking agreement for the Carmel River Bank is being finalized.

Region 10:

Washington and Idaho have completed wetland banking agreements with their respective resource/regulatory agencies. Both States are currently coordinating with these agencies to establish specific geographic bank sites for project mitigation. Oregon is currently developing a banking agreement in coordination with the Division of State Lands which regulates the State's wetland banking program.

Washington State's water quality action plan is already in effect and is working in cooperation with the State Department of Ecology, which is their permitting agency. Idaho Transportation Department and the FHWA Idaho Division have written a joint preliminary water quality action plan.

Prepared by:
Fred G. Bank, Leader, Natural And Cultural Resources Team
and Paul Garrett, Ecologist, Natural And Cultural Resources Team