OTEC 2014 – Session 32 Natural Resource Mitigation Solutions ODOT Mitigation Program Overview

1. OTEC 2014 – Session 32Natural Resource Mitigation SolutionsODOT Mitigation Program Overview ODOT Office of Environmental ServicesEcological Section

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

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

4. What types of natural resource mitigation is ODOT involved with? Stream Mitigation Wetland Mitigation Endangered Species Mitigation (Conservation Measures) StormwaterMitigation Scenic River Mitigation Other

5. Regarding mitigation, what laws/rules are we required to follow? • Federal Clean Water Act • Section 404/401: Fill in streams and wetlands (USACE, OEPA) • USACE 2008 Compensatory Mitigation Rule • OEPA Wetland Water Quality Standards / Anti-Deg Rule • Section 402 NPDES: stormwater, discharges (OEPA) • Ohio Isolated Wetland Law • Federal Endangered Species Act • Section 7 • Conservation Measures - Programmatic Biological Opinion on the Indiana bat • Conservation Measures – Project Specific Formal Consultation / Biological Opinion

6. Overview Approximately 5% of ODOT’s projects have a mitigation component, some of which have multiple mitigation sites for a particular project Over half of Ohio’s 88 Counties have some type of ODOT mitigation project that occurs within their boundaries Over 5,000 acres of mitigation land are in ODOT’s inventory under protection (and growing on a daily basis)

7. Overview 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 ODOT’s mitigation sites are protected in perpetuity via a legal protection instrument as required by regulations

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.

9. Overview • ODOT Mitigation Inventory is our “one stop shop” and clearinghouse of information for ODOT’s 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) http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/MitigationInventory/Pages/default.aspx

10. Solutions For Providing Mitigation • Mitigation Banks • In-Lieu Fee (ILF) Programs (*More details on banks and ILF in following presentations) • Permittee Responsible Mitigation (PRM) • This has been the bulk of ODOT’s mitigation program to date • 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 • Full Delivery “turnkey” PRM projects have been successful for ODOT, from both a cost and mitigation quality perspective, and will continue to be an option • With more options come more choices, which is good • Applicant must provide “significant ecological justification” to utilize PRM

11. Stream restoration - Remediating historical impacts or project incurred impacts as mitigation FRA-270/315-23 – Panhandle Dam Removal – Olentangy River SUM-8 PIDs 24507/24508 – Pond Brook restoration

12. Wetland Restoration/Creation HOC/ATH-33 PID 14040 Wetland Mitigation Site

13. Evaluating our mitigation • 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

14. Questions? QUESTIONS?