Wisconsin Dept. of Transportation November 2017

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Wisconsin Dept. of Transportation November 2017

Jennifer Gibson WisDOT Environmental Coordinator Mike Helmrick WisDOT Environmental Coordinator

Background on compensatory wetland mitigation Site purpose and need Intergovernmental agreement and collaboration Site design and construction Monitoring and maintenance Lessons learned and successes

Compensates for wetland loss through on-the-ground replacement Restoration, establishment, enhancement, preservation 2008 EPA/USACE Mitigation Rule Mitigation banks generate credits for future use In-lieu fee purchase advance credits; projects completed later in time Permittee-responsible concurrent project-specific wetland sites

Watershed approach Interagency review team Prospectus Public notice Bank instrument Compensation site plan Long-term site protection

Established in 1990 through the WisDOT/WDNR cooperative agreement Federal participation in 1993 WisDOT wetland mitigation technical guideline WisDOT or WisDOT-supervised projects 6

7

WIS 29 & CTH FF interchange project was planned to impact 11.17 acres of wetland Completed a 2.5 mile buffer search around the project for suitable mitigation properties The search yielded several potential sites: 40-acre parcel Oneida Tribe parcel Adjacent 40-acre privately-owned parcel

WisDOT Oneida Tribe 9

Contacted the Oneida Tribe to see if they had interest in partnering for a mitigation project Highway project schedule wouldn t allow enough time for mitigation site design process and concurrent construction WDNR and USACE agreed that the highway project wetland impacts could be debited to an existing WisDOT Wetland Mitigation Bank

Duck Creek Watershed Impaired due to agriculture and urbanization WisDOT agreed to pursue development of the site as a bank site to help offset impacts to the watershed WisDOT s Northern Fox River/Lake Michigan bank region is a priority for wetland credit establishment

Real estate costs Construction costs restoration vs establishment Maintenance required invasives, structures Monitoring duration wooded vs non-wooded Likely number of credits generated Need for credits in bank service area 12

Establish WisDOT wetland bank on tribal parcel Transfer ownership of parcel to Oneida Tribe Transfer maintenance responsibility at the end of 10 year monitoring WisDOT maintains catastrophic failure responsibility Establish protections to maintain bank as wetland in perpetuity

General public access for non-motorized outdoor recreational activities No hunting, fishing, trapping, shooting, ect Limited waiver of sovereign immunity for enforcement of agreement

Multi-year process during site design Reviewed by WisDOT, Oneida Tribe and USACE legal staff Signed by Oneida Tribe s Environmental, Health and Safety Division/Land Management Division Director and WisDOT s Secretary

Passively managed wetland and upland complex that will provide credits to mitigate for unavoidable impacts to wetlands by WisDOT projects Restore wetland functions and values lost by historic land use changes within the Duck Creek watershed Create an upland area to buffer the site

Wetland Establishment Wet meadow 18.35 acres Shallow marsh 7.8 acres Deep marsh 4.5 acres Wetland Enhancement Wet meadow & deep marsh 0.35-acre Upland Buffer 18 acres 17

Meetings and updates throughout the design process Design features: Parking area Future upland walking trails Incorporating wild bergamot into upland seed mix

Adjustable water control structure 20

Articulated Concrete Mat 21

Section 106 Corina Williams, Oneida THPO Native American hiring provision in construction contract Oneida Tribe visit during construction activities 22

August 2015 Photo Credit: Oneida Tribe

October 2015 24

Contractor had difficulty obtaining species and quantities Container grown Planted 9 native, wetland species 904 trees over 8.9 acres

Targets established in the site plan to ensure wetland and upland areas are successful Attainment of standards allows for credits to be released for use 26

Vegetation Hydrophytic species in wetlands Prevalence of native vegetation Limited non-native/invasive cover Diversity Hydrology Depth to ground water and surface water inundation Duration requirement 27

Minimum of 10 years Wetland delineations Plant community assessments Shallow wells and staff gauges Tree surveys Photos

29

Photo Credit: Steve Eggers 30

Photo Credit: Steve Eggers 31

Photo Credit: Steve Eggers 32

Many species of birds, waterfowl, amphibians, and mammals observed Photo Credit: Steve Eggers Nesting pair of Dicksissels - WI special concern bird 33

Herbicide applications Reed canary grass Phragmites (common reed grass) Purple loosestrife Narrow-leaf and hybrid cattail Mow upland buffers Adjust water elevation at outlet

Oneida Tribe responsible for maintenance after monitoring ends WisDOT s long-term requirements Wetland in perpetuity Catastrophic failure Invasives

Invasive management Preconstruction Early, often Tree plantings Maturity Elevated mounds Gained understanding of new mitigation rule 36

Partnering with Oneida Tribe Native American hiring provision utilized in contract Positive review by USACE on native wetland diversity and cover

Oneida Tribe Jeremy Ashauer WisDOT Project Manager URS Site design

Jennifer Gibson WisDOT Environmental Coordinator (920) 492-4160 Jennifer.Gibson@dot.wi.gov Mike Helmrick WisDOT Environmental Coordinator (920) 492-7738 Michael.Helmrick@dot.wi.gov