Jurisdictional roadside ditches.
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2015-06-01
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Abstract:Section 404 of the Clean Water Act (CWA) mandates that state agencies and other entities perform compensatory mitigation when ; their activities impair jurisdictional waters. In the Commonwealth of Kentucky, the Kentucky Transportation Cabinet (KYTC) is ; required to pay in-lieu fees or purchase stream mitigation credits when a roadside ditch is impaired or relocated as part of a road ; construction project. In-lieu fees and stream mitigation credits are costly, and ditches that have suffered degraded habitat and loss of ; hydrogeomorphic functionality are treated as total losses when they are impacted by construction and maintenance activities. This ; raises the question of whether the United States Corps of Engineers (USACE) would be receptive to alternative mitigation and ; monitoring practices that impose a less stringent financial burden on the Kentucky Transportation Cabinet, but which still comply ; with CWA regulations. This report discusses methodologies used to evaluate the quality of instream and riparian habitat, Section 404 ; of the CWA and its implications for mitigation of lost or damaged jurisdictional ditches, and the strategies that have been used by ; other states to fulfill their Section 404 mitigation requirements. We highlight mitigation practices that depart from the norm and ; which place a less onerous financial burden on state transportation agencies. KYTC officials presented this report’s key findings to ; the USACE Louisville District Office in January 2015 in an effort to receive approval to experiment with novel restoration ; techniques. The USACE granted KYTC license to implement these techniques on a project-by-project basis. Before implementation ; on each project, the Cabinet must receive formal approval from USACE officials. Although this was not the blanket mandate that ; KYTC hoped for, it indicated the Louisville District is willing to study the effectiveness of alternative mitigation strategies. Despite ; the Cabinet’s request, USACE officials did not approve a plan to reduce post-restoration monitoring requirements. KTC researchers ; suggested that KYTC perform exhaustive monitoring of the performance of completed project that used alternative mitigation ; techniques. Having information on the short-, medium-, and long-term performance of these sites could – if the results are promising ; – pave the way to the wider adoption of alternative mitigation practices and could eventually reduce the level of post-restoration ; monitoring required by the USACE.
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