New Jersey Wetland Mitigation Bank Service Areas

Transcription

1 New Jersey Wetland Mitigation Bank Service Areas By Eugene McColligan and William Young INTRODUCTION In New Jersey today, environmental sustainability is the responsibility of every developer, builder, and of all levels of government. Inherent in this philosophy is the compelling need to respect, protect, and even augment, the natural resources throughout the state. Among the most challenging issues of New Jersey s environmental protection is wetland mitigation. Although costly, time consuming, and uncertain, mitigation is vital to the restoration, creation, enhancement, and preservation of functioning wetlands. Mitigation banks have been created as an option to compensate for unavoidable, adverse impacts to wetlands and other aquatic resources. A mitigation bank is a site, or a suite of sites, where resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by New Jersey Department of Environmental Protection (Environmental Law Institute, 1994; NJDEP, 2010). According to NJDEP s Freshwater Wetland Protection Act (FWPA) Rules the service area for mitigation banks is strictly based on the Hydrologic Unit Map of New Jersey (USGS, 1980). Although this approach has some merit, it fails to recognize the high ecological variability in New Jersey s wetlands. NEW JERSEY S WETLAND HABITATS No two wetlands are exactly alike. Each wetland is different, given unique dynamics that act upon it within the immediate surroundings. Each is influenced by its own geology, geographic location, long-term weather patterns, stream dynamics, land use, etc. However, in general, wetlands share many common characteristics. They must have surface water present, all or at least part of the year, and a complex and diverse vegetation community. These elements define what a wetland is and all wetlands are governed by their hydrology, soils, and vegetation. Wetland habitats in northern New Jersey include marshes, swamps, and peatlands, which consist of bogs and fens. Most of these wetlands, other than those in floodplains, owe their origin to the glaciers of the last Ice Age. These ice sheets scoured out basins that were then filled by water from glacial melt or from streams whose drainage was altered by glacial deposits. Many of these old glacial

2 NJ Wetland Mitigation Bank Service Areas Page 2 of 18 lakes have been completely filled by silt and organic material and through the natural processes of succession are now covered with forests. Others, however, remain as marshlands or as bogs and fens (Collins and Anderson, 1994). Southern New Jersey was never glaciated, and typically has well-drained soil. It has no true bogs. For the same reasons, very few natural ponds or lakes are found in South Jersey. Thus, the typical pond side freshwater marsh of North Jersey is uncommon on the Inner and Outer Coastal Plains. South Jersey has meandering rivers flowing through relatively flat terrain, extensive shorelines on the ocean and Delaware Bay, and sandy soils. It also has several types of wetland habitat found only rarely in North Jersey (Collins and Anderson 1994). Among these are the mineral-poor fens (locally called savannahs) that form along streams in the Pine Barrens. Saltwater marshes are also common in South Jersey. The habitat conditions in the swamp and floodplain areas of South Jersey favor the growth of many southern species of plants not found in the corresponding habitat further north. Due to climate, soils, and other factors South Jersey is at the northern edge of the range of many such plants. Witmer Stone (1910, cited by Collins and Anderson, 1994) noted that 164 species or varieties of plants reached their northern limit in southern New Jersey, and another 77 southern plants reached their northern limit in nearby Staten Island or Long Island, New York. The majority of these are wetland species. South Jersey has a clear affinity to plant species of southern origins. ECOREGIONS s cover relatively large areas of land or water, and contain geographically distinct assemblages of natural communities and species. The biodiversity of flora, fauna and ecosystems that characterize an ecoregion tends to be distinct from that of other ecoregions. One of the most critical steps in the mitigation process is site selection. The mitigation site must be able to support a wetland ecosystem one that is both long-term and self-sustaining (NJDEP 2010). The 1995 Federal Mitigation Guidance states that the service area should be based on hydrologic and biotic criteria. The guidance further suggests that service areas be based on the Hydrologic Unit map of the United States developed by the U.S. Geological Survey (USGS) and ecoregional maps developed by the federal agencies. However, trades beyond the service area may be authorized on a case-by-case basis, where it is determined to be practicable and environmentally desirable. The U.S. Environmental Protection Agency (USEPA) has identified the five ecoregions in New Jersey ( after Woods, et al.) (see Appendix A-Figures 1 and 2 in New Jersey). These follow: 1. The Ridge and Valley

3 NJ Wetland Mitigation Bank Service Areas Page 3 of 18 This northwestern ecoregion is sandwiched between generally higher, more rugged mountainous regions with greater forest cover. As a result of extreme folding and faulting events, the Ridge and Valley ecoregion s roughly parallel ridges and valleys have a variety of widths, heights, and geologic materials, including limestone, dolomite, shale, siltstone, sandstone, chert, mudstone, and marble (Collins and Anderson,1994; Griffith and Omernik, 2008). Wetland habitats in the ecoregion include marshes, swamps, and peatlands, including bogs and fens. Marshes are dominated by a wide variety of sedges, rushes, grasses and forbs. Swamps are usually dominated Red maple (Acer rub rum) and codominated with Pin Oak (Quercus palustris), Green ash (Fraxinus pennsylvanica), and American elm (Ulmus americana), Swamp white oak (Quercus bicolor), and Silver maple (Acer saccharinum). Forested wetlands are dominated by Eastern Hemlock (Tsuga canadensis) Yellow birch (Betula alleghaniensis), and Rosebay Rhododendron (Rhododendron maximum) occurs in the northern areas of the region. Shrub-Scrub wetlands are commonly dominated by Silky dogwood (Cornus amomum), Red osier dogwood (Cornus sericea), Pussy willow (Salix discolor), Steeple bush Spiraea tomentosa, and Common ninebark (Physocarpus opulifolius). Marshes are dominated by Cattails (Thypha latifolia, Common Reed (Phragmites australis) as well as a wide variety of other sedges, rushes, grasses and forbs. Bogs are dominated Black spruce (Picea mariana), Tamarack (Larix laricina) and a variety of deciduous tree species usually growing in Sphagnum moss mat or ground cover (Collins and Anderson, 1994; Griffith and Omernik, 2008). Fens have little or no Sphagnum mosses and are groundwater-fed wetlands dominated by grass and sedges in early successional stages and by forbs and shrubs in later stages. Diverse aquatic habitat and fish assemblages occur in the Ridge and Valley ecoregion and are the result of the ecoregion s extensive latitudinal range, variable lithology, and fluctuating stream gradients (Griffith and Omernik, 2008). High-gradient streams are found in watergaps and on ridge slopes; elsewhere, gentler gradient, warmer, and more meandering streams are abundant. Trellised stream networks are common. Most of the Category One waterways in New Jersey occur in the Ridge and Valley and also in the Northeastern Highlands (described below). 2. Northeastern Highlands The Northeastern Highlands is characterized by nutrient poor soils blanketed by northern hardwood forests. Land-surface form in the

4 NJ Wetland Mitigation Bank Service Areas Page 4 of 18 region grades from low mountains in the southwest and central portions to open high hills in the northeast. It is underlain by a mix of metamorphic, igneous, and sedimentary rocks, with soils that are mostly Alfisols and some Ultisols (Griffith and Omernik,2008). Wetland habitats are similar to those found in the Ridge and Valley. 3. Northern Piedmont This ecoregion is a transitional area of low rounded hills, irregular plains, and open valleys in contrast to the Northeastern Highlands and Ridge and Valley ecoregions to the north and west and the flatter coastal plains of Atlantic Coastal Pine Barrens and Middle Atlantic Coastal Plain ecoregions to the south. It is underlain by a mix of metamorphic, igneous, sedimentary rocks, with soils that are mostly Alfisols and some Ultisols (Griffith and Omernik, 2008). Although the climate is milder than the Northeastern Highlands and Ridge and Valley s, wetlands in the Northern Piedmont ecoregion lack many of southern plant species that are found in the Middle Atlantic Coastal Plain and Atlantic Coastal Pine Barrens Forested wetlands in the headwater areas are typically dominated by the Red Maple and American elm, pin oak, swamp white oak, Tupelo (Nyssa sylvatica), sweet gum, white ash, and silver maple are also abundant (Griffith and Omernik, 2008). Yellow birch is less common, and pin oak, swamp white oak, and silver maple are more common than in swamps within the Northeastern Highlands and Ridge and Valley s. Wetlands in the lower reaches of the Passaic and Hackensack Rivers are brackish marshes largely dominated by Common reed and Saltmarsh cordgrass (Spartina alterniflora). In saline areas, salt-meadow grass is intermixed with spike grass (Distichlis spicata) and black grass (Juncus gerardii) (Collins and Anderson, 1994; Griffith and Omernik, 2008). 4. Atlantic Coastal Pine Barrens This distinct ecoregion covers most of the Inner and Outer Coastal Plain of New Jersey. Many species of northern affinity reach their southern range limit in this area where they are joined by southern species. According to Griffith and Omerick (2008), many native plant species found in this ecoregion were uncommon or did not exist in the Northern Piedmont ecoregion. There are two major subregions in the Atlantic Coastal Pine Barrens ecoregion: The coastal-barrier island area and the Pine Barrens. Most of the wetlands in coastal-barrier island area are salt marshes dominated by Saltmarsh cordgrass, Salt-meadow grass (Spartina patens), spike grass and black grass and Glassworts (Salicoria sp.),. Surficial sediments in

5 NJ Wetland Mitigation Bank Service Areas Page 5 of 18 these wetlands consist of saline marsh deposits; and marine silt, sand, clay and peat. Further inland, brackish and freshwater tidal marshes are dominated by Common reed, Cattails, Pickerelweed (Pontederia cordata), Broadleaf arrowhead, and Wild Rice (Zizania aquatica). On the barrier islands, low shrubby wetlands occur in protected, protected hollows and swales of the secondary dune zone. These wetlands primarily composed of Bayberry (Myrica cerifera), Highbush blueberry (Vaccinium corymbosum), Poison ivy (Toxicodendron radicans), American holly (Ilex opaca) and Red Maple. The Pine Barrens are underlain by sandy, nutrient-poor soils which typically support three types of forested wetlands: (1) Pitch pine lowlands, (2) cedar swamp forests and, (3) broadleaf swamp forests. Pitch pine lowlands occur in isolated depressions or on level sites with poorly drained soils. Pitch pine (Pinus rigida) forms 90 percent or more of this forest s canopy. Small clumps of Red maple and Tupelo (Nyssa sylvatica) are scattered throughout (Collins and Anderson, 1994). Cedar swamp forests are dominated by Atlantic white cedar (Chamaecyparis thyoides) and occur along the waterways of the Pine Barrens. Amid the white cedars are Red maple, Tupelo, Pitch pine, and Sweet bay magnolia (Magnolia virginiana). In openings and edges grow highbush blueberry, dangleberry, swamp azalea (Rhododendron viscosum), fetterbush (Eubotrys racemosa), and leatherleaf (Chamaedaphne calyculata). Sweet pepperbush (Clethra alnifolia), inkberry (Ilex glabra), and winterberry (Ilex verticillata) are also present (Collins and Anderson, 1994). Broadleaf swamp forests are the climax wetland system in the Pine Barrens. This habitat is generally dominated by Red Maple, Tupelo, and Sweetgum (Liquidambar styraciflua). Most herbaceous plants, mosses and lichens in the broadleaf swamp forests are of the same species as those in the cedar swamp forests. Shrubs, generally, are more abundant and form more continuous undergrowth in broadleaf swamp forests than in cedar swamp forests. 5. Middle Atlantic Coastal Plain This southern ecoregion consists of low elevation flat plains, with many swamps, marshes, and estuaries. Its low terraces, marshes, dunes, barrier islands, and beaches are underlain by unconsolidated sediments. Poorly drained soils are common, and the region has a mix of coarse and fine textured soils (Griffith and Omernik 2008). Salt and freshwater marsh habitats in this ecoregion and are similar to those found in the Wetland habitats often contain, or are dominated by, southern species that are absent from corresponding habitat in northern

6 NJ Wetland Mitigation Bank Service Areas Page 6 of 18 New Jersey. Floodplain wetlands are dominated by Willow oak (Quercus phellos), Red maple, Tupelo, Sweetgum, Pin oak and, occasionally, Bald cypress (Taxodium distichum). The broadleaf swamp forests and cedar swamp forests found in the Pine Barrens. Marshes are dominated by Common reed, cattails, and Wild Rice. (Collins and Anderson 1994). REGULATORY FRAMEWORK There are two major wetland protection statutes in New Jersey, the Wetlands Act of 1970 and Freshwater Wetland Protection Act (FWPA) of Under these statutes, the New Jersey Department of Environmental Protection (NJDEP) administers a review and permitting process to "preserve the purity and integrity of wetlands from unnecessary and undesirable disturbance" (NJDEP, 2010a). The federal wetlands program to protect wetlands, established under Section 404 of the Clean Water Act in 1977, is administered by the U.S. Army Corps of Engineers (ACOE) in tidal and interstate waters and adjacent wetlands, including the Hackensack Meadowlands, Delaware River, Greenwood Lake and other tidally influenced waterways and adjacent wetlands. a. State requirements The FWPA rules require wetland mitigation based on equal ecological value. Equal ecological value is determined by assessing the value of functions performed by existing and proposed habitats, both uplands and wetlands (including other surface waters NJDEP, 2010a). Typically, physical characteristics, ecological processes, landscape position, hydrology, land use and natural disturbance regimes are evaluated in a scientifically grounded description of an ecological system (Stein, 1999). Under the FWPA wetlands rules (N.J.A.C. 7:7A-15), mitigation is required for the permanent loss of greater than 0.1 acres of freshwater wetlands and may be required for less than 0.1 acres if the application fails to demonstrate that all activities have been designed to avoid and minimize impacts to wetlands (NJDEP, 2010a, NJDEP, 2010b). The method of mitigation and compensation ratio for wetlands permanently disturbed is outlined as follows: On-site mitigation (creation) 2:1 ratio. Purchase of credits from a wetlands mitigation bank typically 2:1 ratio. Monetary contribution to the Wetlands Mitigation Counsel formula provided under N.J.A.C. 7:7A-15.21(d); the amount of monetary contribution for all property owners excluding singlefamily property owners shall be the acreage of wetlands/open water impacts multiplied by $300,000, adjusted annually using the Consumer Price Index. Land donation to the Wetlands Mitigation Counsel case-by-

7 NJ Wetland Mitigation Bank Service Areas Page 7 of 18 case basis. For projects proposing a permanent wetlands disturbance of acres, it is presumed by the NJDEP that onsite mitigation is not feasible and mitigation shall be accomplished through the purchase of wetlands credits [ref. N.J.A.C. 7:7A-15.5(c)]. Wetlands credits can be purchased from an approved wetlands Mitigation Bank within the within the same U.S. Geologic Survey designated HUC11 watershed or within the same Watershed Management Area (WMA) as the project, if such a bank is available and if any credits are remaining (NJDEP, 2010a). The NJDEPs HUC11s range in size from 3 to 349 square miles, and average about 60 square miles. HUC11s are aggregated together to form 20 Watershed Management Areas (WMA) and these are further aggregated to form 5 Water Regions (WR) (see Appendix A-Figure 3). The cost of wetlands credits is established by the individual mitigation bank. b. Federal Guidance The 1995 USACE guidance defines a mitigation banking instrument which outlines the establishment, operation, and maintenance of mitigation banks. The banking instrument requires the submission of basics such as the bank goals, objectives, ownership, size, and class of wetlands, a description of baseline conditions at the bank site, the geographic service area, and accounting procedures (Federal Register. 1995). The instruments also require financial assurances such as performance bonds and escrow accounts to provide a source of contingency funds. Lastly, the banking instrument contains performance standards, which outline ecological functions that must be present before the bank can sell any credits, and a long-term monitoring and maintenance plan (Federal Register, 1995). Usually banks are monitored for five years after mitigation by the sponsor and then transferred to a state wildlife agency or a nonprofit entity such as The Nature Conservancy or the Audubon Society for long-term ownership. In the case of the USACE, all documents must be reviewed and signed by the Mitigation Banking Review Team, which is comprised of federal, state, tribal and/or local regulatory and resource agency representatives. In New Jersey, the review and signing is done by the NJDEP. The high degree of complexity, risk, and expense involved in securing a mitigation banking instrument is often a barrier for new entrants to the market. APPROVED WETLAND MITIGATION BANKS

8 NJ Wetland Mitigation Bank Service Areas Page 8 of 18 According to the best available information (NJDEP, 2010c; NJDEP, 2010d), there are 11 active wetland mitigation banks in New Jersey. Six of these banks have service areas that several Watershed Management Areas (WMA s) (See Table 1). Table 1. Wetland Mitigation Banks Bank Site Drainage Basin Service Area Status Willow Grove Lake Atlantic Coastal Pine Barren 1,073 acres 580 acres wetlands Cumberland Delaware WMA's 1, 11, 17, 18, 19 and 20 Able to sell credits 40 credits approved Preservation Pio Costa Northern Piedmont 158 acres Morris Passaic WMA's 3, 4 and 6 Limited amount of credits available credits approved Freshwater wetland creation, Enhancement and preservation Wyckoff s Mills Atlantic Coastal Pine Barren acres Middlesex Raritan WMA's 8, 9 and 10 Limited amount of credits available credits approved Freshwater wetland creation, Enhancement and preservation M&S Excavation Middle Atlantic Coastal Plain acre Gloucester Delaware WMA 18 This bank is able to sell a portion of their mitigation credits. No credit/mitigation information specified by the NJDEP Nishisakawick Northern Piedmont Great Egg Harbor Atlantic Coastal 13 acres Hunterdon 103 acres Burlington Delaware WMA 11 This bank is presently not able to sell mitigation credits. No credit/mitigation information specified by the NJDEP Atlantic WMA 15. This bank is able to sell a portion of their mitigation credits. No credit/mitigation information specified by the NJDEP

9 NJ Wetland Mitigation Bank Service Areas Page 9 of 18 Pine Barren Kane Northern Piedmont 500 acres Passaic Portions of WMA 5 and 6 This bank is able to sell a portion of their mitigation credits. No credit/mitigation information specified by the NJDEP No credit/mitigation information Rancocas Phase I Atlantic Coastal Pine Barren Rancocas Phase II Atlantic Coastal Pine Barren 304 acre Burlington acre Burlington Delaware WMA 20 Limited amount of credits available credits approved Preservation Approval of the mitigation bank was tied to the approval and construction of Phase II of the bank. Delaware WMA 20 Limited amount of credits available credits approved Freshwater wetland creation, Enhancement and preservation C&C builders : Northern Piedmont 186 acres Essex Passaic WMA's 3, 4, 6 and portions of 5 No credits available at this time mitigation credits for freshwater wetland creation and enhancement Port Reading Northern Piedmont acres Middlesex Raritan Portions of WMA's 7 and credits approved Tidal wetland creation and enhancement Table 1. Wetland Mitigation Banks (continued) Bank Site Drainage Basin Service Area Status Stipson s Island : Middle Atlantic Coastal Plain acres Cape May Delaware/ Atlantic WMA 16 and part of the Atlantic Drainage Limited amount of credits available 8.42 credits approved Freshwater and tidal creation, enhancement, and preservation.

10 NJ Wetland Mitigation Bank Service Areas Page 10 of 18 Of the 11 wetland mitigation banks approved by the NJDEP, 5 are located in the Northern Piedmont, 4 are located in the Atlantic Coastal Pine Barren and 3 are located in the Middle Atlantic Coastal Plain, There are no wetland mitigation banks in the Northeastern Highlands and Ridge and Valley s. According to NJDEP's documentation (NJDEP,2010c: NJDEP,2010d) over half (6 out of 11) existing banks are exempt from the HUC 11 requirement because they were implemented several years ago, before the current policy limiting wetland bank service areas to a single WMA. Due to this, several banks are selling mitigation credits for wetland impacts in substantially different ecoregions. For example, only Willow Grove Lake Wetlands Mitigation Bank is allowed to sell mitigation credits for impacts within the entire Delaware River Basin, a vast area which encompasses the western length of New Jersey. Implemented several years ago, before the current policy limiting wetland bank service areas to a single WMA, the service area of this mitigation bank includes all five of the ecoregions in WMA 1, 11, 17, 18, 19 and 20. Three other banks with large service areas are the Wyckoff s Mills, Pio Costa, and C&C builders mitigation banks. Three ecoregions (Atlantic Coastal Pine Barren, Northern Piedmont, and Northeastern Highlands) are included in the service area of the Wyckoff s Mills mitigation bank since WMA1 is located in Northeastern Highlands and the Ridge and Valley Eco-regions, The Northern Piedmont, and Northeastern Highlands are included in the service area of the Pio Costa and C&C builders. ISSUES a. At least in theory, the NJDEP regulatory standard limiting wetland mitigation banks to HUC 11 watersheds or within the same WMA partially comports with one of the goals of the 1995 Federal Mitigation guidance. However, the regulations are seriously flawed because they do not recognize ecoregions and differences in wetland ecosystems. b. The NJDEP regulatory standard only applies to new mitigation banks. According to NJDEP's documentation over half (6 out of 11) existing banks are exempt from the HUC 11 requirement because they were implemented several years ago, before the current policy limiting wetland bank service areas to a single WMA. c. Since several banks are exempt from the HUC 11 requirement, they are selling mitigation credits for wetland impacts in substantially different watershed and ecoregions. Since there are significant differences in the wetland ecosystems in each ecoregion, this arrangement actively promotes "out of kind" wetland mitigation. This approach is inconsistent with the equal ecological value standard set forth in the FWPA rules.

11 NJ Wetland Mitigation Bank Service Areas Page 11 of 18 The boundaries of some watershed management areas (WMA 1, WMA 12 and possibly others) are based on political considerations instead of USGS HUC 8 delineations.therefore, these watershed management units should not be treated as complete HUC 8 watersheds. RECOMMENDATIONS a. At least one wetland mitigation bank should be established in northwestern New Jersey. b. Wetland Mitigation Banks in Southern New Jersey should not be used to compensate for wetland impacts in northern New Jersey c. The FWPA rules for wetland mitigation bank service areas should be revised to be consistent with the hydrologic and biotic criteria set forth in the 1995 Federal Mitigation Guidance. The revised rule should include the following language: i. Wetlands credits can be purchased from an approved wetlands Mitigation Bank within the within the same USEPA ecoregion or within the same Watershed Management area (WMA) as the project, if such a bank is available and if any credits are remaining. ii. If a mitigation bank in a specific ecoregion is adjacent to an ecoregion without a functioning mitigation bank, both ecoregions can be included in the service area of the mitigation bank. d. The boundaries of all watershed management units should be strictly based on HUC 8 delineations. REFERENCES Collins, B R. and K Anderson 1994, Plant Communities of New Jersey, Rutgers University Press, New Brunswick NJ Environmental Law Institute. 1994c. National wetland mitigation banking study: Wetland Mitigation Banking. U.S. Army Corps of Engineers, Institute for Water Resources, Washington, DC, USA. IWR Report 94-WMB-6. Federal Register Federal guidance for the establishment, use and operation of mitigation banks. FR 60(228)

12 NJ Wetland Mitigation Bank Service Areas Page 12 of 18 Griffith, J and J.M. Omernik 2008, s of New Jersey (EPA), The Encyclopedia of Earth Available online at National Research Council. 1992, Restoration of aquatic ecosystems. Natural Academy Press, Washington, DC, USA. NJDEP, 2010a. Freshwater Water Wetland Protection Act Rules -, Division of Land Use Regulation, Trenton NJ Available online at dep/rules/rules/njac7_7a.pdf NJDEP, 2010b. Mitigation, Division of Land Use Regulation, Trenton NJ Available online athttp:// NJDEP,2010c, Wetlands Mitigation Council of NJ, Freshwater Wetland Mitigation Banks as of 9/16/10-, Division of Land Use Regulation, Trenton NJ Available online at NJDEP 2010d, Wetlands Mitigation Council of NJ Approved Mitigation Banks as of 9/16/10, Division of Land Use Regulation, Trenton NJ Available online at Stein, E.D Mitigation banking: challenges and lessons learned. SWS Bulletin 16 (3): Woods, A.J., J.M. Omernik, and B.C. Moran. 2007b. Level III and IV s of New Jersey. US Environmental Protection Agency, National Health and Environmental Effects Research Laboratory, Corvallis, OR. 19 pp. Available online at ftp: ftp.epa.gov/wed/ecoregions/nj/nj_eco_desc.pdf.

13 NJ Wetland Mitigation Bank Service Areas Page 13 of 18 APPENDIX A FIGURES

14 NJ Wetland Mitigation Bank Service Areas Page 14 of 18 Figure 1 Level III USEPA s

15 NJ Wetland Mitigation Bank Service Areas Page 15 of 18 Figure 2. Level IV USEPA s

16 NJ Wetland Mitigation Bank Service Areas Page 16 of 18 Figure 3. NJ Mitigation Bank Service Areas.

17 NJ Wetland Mitigation Bank Service Areas Page 17 of 18 APPENDIX B GLOSSARY Bog means an area of moist, soggy ground, usually with peat formed by the decay and carbonization of mosses and other vegetation in the bog. Bogs occur where the water at the ground surface is acidic, either from acidic ground water, or where water is derived entirely from precipitation, when they are termed

18 NJ Wetland Mitigation Bank Service Areas Page 18 of 18 ombrotrophic (rain-fed). Water flowing out of bogs has a characteristic brown color, from dissolved peat tannins. Bogs are very sensitive habitats, of high importance for biodiversity. Creation means the establishment of freshwater wetland or state open water characteristics and functions in uplands. Enhancement means the improvement of the ability of an existing, degraded wetland or State open water to support natural aquatic life, through substantial alterations to the soils, vegetation and/or hydrology. Fen means a type of wetland fed by mineral-rich surface water or groundwater. Fens are characterised by their water chemistry, which is neutral or alkaline, with relatively high dissolved mineral levels but few other plant nutrients. They support a wide range of animals and plants, many of which are tall marsh plants growing closely together. Fens are distinguished from bogs, which are acidic, low in minerals, and usually dominated by low-growing plants including Sphagnum and other mosses. Enhancement means the hydrologic unit code system developed by the United States Geological Service for delineating and identifying drainage areas. The system starts with the largest possible drainage areas and progressively smaller subdivisions of the drainage area are delineated and numbered in a nested fashion. As used in this chapter, HUC 14 indicates a drainage area with a hydrologic unit code designation with 14 numbers. HUC 11 indicates a larger subwatershed that is composed of several HUC 14 subwatersheds. There are 921 HUC 14 subwatersheds in New Jersey that range in size from 0.1 to 42 square miles. Marshes means wetlands frequently or continually inundated with water, characterized by emergent soft-stemmed vegetation adapted to saturated soil conditions. There are many different kinds of marshes, ranging from the coastal to inland environments and freshwater to saltwater. All types receive most of their water from surface water, and many marshes are also fed by groundwater. Nutrients are plentiful and the ph is usually neutral leading to an abundance of plant and animal life. Mitigation means activities carried out pursuant to Federal and/or State regulations in order to compensate for freshwater wetlands or State open waters loss or disturbance caused by regulated activities. Preservation means the permanent protection of wetlands or other aquatic resources through the implementation of appropriate legal and physical mechanisms (i.e. conservation easements, title transfers). Restoration means the reestablishment of wetland and/or State open water

19 NJ Wetland Mitigation Bank Service Areas Page 19 of 18 characteristics and functions in an area that was once a freshwater wetlands and/or State open water. Swamp means any wetland dominated by woody plants. Swamps are characterized by saturated soils during the growing season, and standing water during certain times of the year. The highly organic soils of swamps form a thick, black, nutrient-rich environment for the growth of water-tolerant trees. Swamps may be divided into two major classes, depending on the type of vegetation present: shrub swamps, and forested swamps. Wetlands" or wetland means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support,and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.