CHAPTER FOUR

DEVELOPMENT AND MITIGATION

INTRODUCTION

This element of the Plan acknowledges conditions where the community's need for economic development outweighs the benefits to protect certain wetland sites by making them available for development according to the mitigation provisions of this Plan. The Plan views the mitigation process as an opportunity to restore and enhance wetland functions and values of the Amazon Creek basin, while allowing limited development on isolated, lower quality wetlands and meeting the requirements of state and federal wetland law.

The 288 wetland acres proposed for development were determined through a process that evaluated each wetland against a set of criteria which had the effect of identifying those wetlands that are isolated, low quality and of limited functional value. The criteria used in evaluating sites for possible development are contained in Appendix B.

In addition to evaluation by local experts, resource agencies and community members, the relative quality of the west Eugene wetlands was determined by the Wetland Evaluation Technique (WET) program, designed by Paul Adamus of the Environmental Protection Agency. The results of this evaluation are contained in the Technical Report.

The Plan proposes to use the mitigation process to achieve compliance with federal and state wetland law, and to provide a vision and program for incorporating all of the elements of this plan with other related community objectives (flood control, water quality and wildlife habitat enhancement, recreation and education programs) so that a broader goal is achieved - the restoration of the Amazon Creek basin into a community asset.

The basic concepts of the mitigation program are:

· Avoid and minimize impact to all wetland sites that meet the protection criteria contained in Appendix B.

· Where impact is unavoidable, compensate for losses commensurate with the level of impact giving priority to establishing the basic physical wetland parameters (water, topography, connectedness) that eventually results in full functioning and diverse wetland habitats.

· Establish a management entity that will monitor, maintain and enforce the requirements of the mitigation program.

· Where full functioning wetlands are to be impacted, in-kind replacement of significant functions and values will be required. The overall mitigation program, however, will be guided by the ecological characteristics of the regional landscape and not necessarily by specific case-by-case impacts. For disturbed agricultural wetlands, mitigation requirements will be determined using historic wetland types presumed to have existed prior to disturbance and the desired mix by the public. Incentives will be provided to mitigate in advance of impact in the form of replacement ratios which are less than the ratios for compensating at the time of impact.

· To increase the certainty of success and to achieve the goal of a connected system of wetlands and waterways, mitigation efforts are targeted for areas that once exhibited, or currently exhibit, proper wetland soils and moisture conditions. Within the WEWSAS boundary, the primary mitigation sites are "disturbed agricultural wetlands". These sites are missing at least one of the three wetland parameters (water, hydric soil, wetland vegetation) and due to non-wetland activities (agricultural uses) occurring on these sites, their existing wetland value is relatively low. As such, for mitigation credit purposes, the Plan gives more credit for the enhancement of these sites than for other "low" quality wetlands that exhibit all three wetland parameters.

· The primary means to achieve the Plan's mitigation goals is through the establishment of a regional wetland mitigation bank. These are areas where the most suitable lands for mitigation are identified, acquired, designed, constructed and managed in advance of wetland impact, and incentives are provided that encourage the use of the bank by those seeking a wetland impact permit Because the Plan will enhance and restore more wetland acreage, functions and values than will be lost to development, the excess capacity will be available for mitigation credit to properties located outside the west Eugene study area and within the urban growth boundary, and to the Eugene Airport proper.

GOALS, POLICIES, RECOMMENDED ACTIONS

GOALS

4.1 Use the wetland mitigation process as an opportunity to achieve multiple community objectives, including wetland resource enhancement, increased flood control capacity, water quality enhancement and the establishment of educational and recreational programs.

4.2 Use the wetland mitigation process as an opportunity to reverse the trend of wetland losses and begin a positive trend of wetland gains by restoring and enhancing the historic wetland system of the Amazon Creek watershed.

4.3 Achieve compliance with federal and state wetland law, policies and guidelines.

4.4 Increase certainty in the development process.

4.5 Minimize reductions to the existing industrial and commercial buildable lands inventory as a result of wetland protection.

4.6 Provide for the overall wetland mitigation needs for the community of Eugene, including the territory within the urban growth boundary and Eugene Airport.

POLICIES

Mitigation

4.1 Mitigation efforts shall help to reestablish a connected system of wetlands, waterways and upland resources.

4.2 To insure long-term success, mitigation efforts shall give priority to establishing or reestablishing the basic hydrologic conditions necessary to meet the stated mitigation objectives.

4.3 Mitigation efforts shall concentrate on restoring wetland type, habitat, functions and
values that represent the historic, ecological landscape of the Amazon Creek basin.

4.4 Mitigation efforts shall use local, native plant species.

4.5 Mitigation efforts shall be designed and constructed to minimize the level of on-going
maintenance.

4.6 Develop, adopt and implement a comprehensive wetland mitigation program.

4.7 Mitigation efforts shall occur in the priority areas as depicted on Map 3, Wetlands Recommendations.

4.8 Develop a wetland mitigation overlay zone where mitigation is a permitted use, and apply it to areas targeted as future mitigation sites as shown on Map 3.

4.9 Establish, develop and maintain a regional wetland mitigation bank that will provide mitigation credit capacity for the West Eugene Wetlands Study Area, the balance of the Eugene urban growth boundary and the Eugene Airport proper.

4.10 To be eligible for participation in the mitigation bank, wetland impact requests must be consistent with the goals, policies and provisions of this Plan.

4.11 Require all mitigation efforts to participate in a comprehensive monitoring and maintenance program

4.12 Develop a system that provides security against unsuccessful mitigation efforts, such as a bond or other financial guarantee.

4.13 Amend applicable City codes, policies and maintenance operation procedures to comply with the provisions of the this Plan and implementation measures.

4.14 All mitigation must be completed in advance or concurrent with development.

4.15 Unless on-site mitigation would better meet the goals and policies of this Plan, mitigation efforts shall occur according to the provisions of the regional mitigation bank provisions.

4.16 Enhancement of existing wetlands can be used to add functional credits to the wetland mitigation bank.

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4.18 Either on a regional or case-by-case mitigation basis, develop better information as to existing wildlife habitat values and a mechanism, such as the modified Habitat Evaluation Program (HEP), to measure future wildlife gains on mitigation sites.

Development

4.19 Allow development of wetlands that meet the criteria for wetland development contained in Appendix B of this Plan as illustrated on Map 3.

4.20 Adopt the protection and development criteria, contained in Appendix B, as the basis for the classification of the wetland sites shown on WEWSAS Map 3 and, for any new sites, apply these criteria to determine status.

4.21 Use the WEWSAS wetland delineation map, the Functions and Values detailed in the WEWSAS Technical Report and those sites recommended for development on Map 3, as the basic inventory for acres, functions and values to be developed and replaced.

4.22 Provide flexibility in the provisions of the mitigation program so that conditions unique to certain properties can be resolved at the administrative level provided the proposal meets the basic intent, purpose, and criteria of WEWSAS.

4.23 Provide wetland technical assistance to the public.

4.24 Unless designated as a mitigation site in this Plan or as part of on-site mitigation requirements, buildable lands that are within the UOB and designated for commercial or industrial use shall not be used for mitigation.

4.25 For application with future mitigation efforts, encourage wetlands identified as future disposal sites for dredged or fill material to be utilized (prior to development) as a source for wetland vegetation and soils.

Administration

4.26 Encourage use of regional or local nonprofit agencies to assist in managing and monitoring wetland mitigation and protection efforts.

RECOMMENDED ACTIONS

4.1 Adopt mitigation review provisions as follows:

Type I - Administrative review, no public review

· Fully Complies with WEWSAS

· No rare, threatened or endangered plant or animal species

· Utilizes mitigation bank

Type II- Local Public Review

· Does not fully comply with WEWSAS, such as a minor variance to a protection measure standard (i.e., buffer width).

· Involves amendment of wetland boundary where subsequent scientific data clearly refutes the location, size or shape of the original, adopted boundary.

Type III - Local, State, Federal Public Review

· Involves amendment of a wetland site from protection or restoration status to development status.

· Involves amendments to policies and standards of WEWSAS.

· Does not utilize mitigation bank or on-site mitigation option.

· Involves amendment of wetland boundary when there is unresolvable conflict between existing boundary data and subsequent data.

· Involves amendment of wetland boundary map to include a new site.

· Involves development of a site with rare, threatened or endangered plant or animal species.

4.2 Develop and adopt a Comprehensive Wetland Mitigation Program. Details of the program are included in Appendix E.

4.3 Develop wetland mitigation provisions that require a wetland impact permit and mitigation plan to be approved and obtained from the responsible regulatory agencies prior to any activity that may further degrade wetland resources, including drainage modifications, landform alterations, storage of materials, vegetation removal and construction related activities.

4.4 Seek funding from the Army Corps of Engineers to work with the Soil Conservation Service to determine the feasibility of restoring the hydrologic regime of Assessment Area "B" (see SRI Wetland Map in the WEWSAS Technical Report and sites with "B" prefix on Map 3) by modifying the design of the Amazon Creek, A-3 and A Channels to provide for the hydrologic requirements of the various wetland habitats, flood control and water quality enhancement facilities.

4.5 Establish a local wetland assistance team to provide technical assistance to the public.

4.6 Require a preapplication conference with the wetland assistance team to provide an information exchange concerning the objectives of the applicant and the requirements of the wetland provisions.

4.7 Monitor ground water elevations along Amazon Creek, A Channel, Willow Creek, and the A-3 Channel and match hydrologic requirements of mitigation projects with the findings of the monitoring system.

4.8 Develop a permit processing system in which the level of review is matched with the proposed magnitude of wetland impact and degree of consistency with the goals, policies and standards of WEWSAS.

WESTERN AMAZON DRAINAGE BASIN

This area is shown on Map 2. Other than statements in this section, the Western Amazon Drainage Basin is not intended to be affected by any portion of the Plan.

This area is included in the Plan to identify lands which may be available to help meet mitigation needs within the West Eugene Wetlands Study Area and the greater Eugene region. Land acquisition in this area will occur only from willing owners who choose to sell land after an independent appraisal has been obtained which determines the fair market value of that land. Owners may choose to sell land outright, a conservation easement or donate land under a voluntary program. There is nothing in this Plan which prohibits owners from participating in a regional mitigation bank or seeking to sell mitigation credits or rights on the open market.

GOAL

4.7 Allow some of the region's wetland mitigation needs to be met through enhancement and restoration of wetlands in the Western Amazon Drainage Basin.

POLICIES

4.27 Use cooperative arrangements with private land owners to acquire lands, conservation easements, or land donation through voluntary programs and negotiations with willing sellers.

4.28 Seek restoration and enhancement of wetlands for mitigation purposes based on the following factors: a) presence of hydric soils, b) indication of past wetland conditions, c) proximity to water features, d) proximity to the floodplain, and e) capability of providing adequate wetland hydrology.

4.29 Attempt to minimize impacts of the mitigation program on adjacent uses by providing buffers within the boundaries of land purchased and enhanced or restored or through cooperative programs which are acceptable to adjacent land owners.

RECOMMENDED ACTION

4.9 Use cooperative arrangements with private land owners to implement this Plan. Keep affected parties informed of the Plan implementation and amendment process.