P1.3: Conserve Aquatic Ecosystems – Above Green

(Required)

INTENT

Conserve and protect aquatic ecosystems, including wetlands and deepwater habitats that provide critical ecosystem functions for fish, other wildlife, and people.

REQUIREMENTS

Aquatic ecosystems include wetlands, deepwater habitats, and areas classified in accordance with the Classification of Wetlands and Deepwater Habitats of the United States as follows:

Marine—Tidal wetlands, shorelines, mudflats, reefs
Estuarine—Bays, lagoons, marshes
Riverine—Streams, rivers (associated floodplains and their riparian buffer)
Lacustrine—Lakes, ponds (associated shorelines and their riparian buffer)
Palustrine—Non-tidal wetlands, seeps, springs, vernal pools, seasonal wetlands

Wetlands are defined in the U.S. Clean Water Act and delineated according to the appropriate regional supplement to the U.S. Army Corps of Engineers delineation manual(see Resources section). The boundaries of other aquatic ecosystems are defined by the ordinary high water mark (OHWM), which is also explained in Corps reports (see Resources section). Use local equivalent for projects outside the United States.

Case 1: Sites without aquatic ecosystems

Locate the project on a site that does not contain any aquatic ecosystems, including isolated wetlands.
Ensure the section of the site assessment (see Pre-Design P2.2: Conduct a pre-design site assessment) is complete and demonstrates that no aquatic ecosystems, including isolated wetlands, are located on site.

The following features are not considered aquatic ecosystems that must be protected for the purposes of this prerequisite:

A previously developed site, unless the site contains naturally occurring wetlands, deepwater habitats, or previously constructed mitigation wetlands
Human-made water bodies (e.g., industrial mining pits, concrete-lined canals, stormwater retention ponds) that lack natural edges and floors or native ecological communities in the water and along the edge.
Human-made linear wetlands that result from the interruption of natural upland drainages by existing rights-of-way (except aquatic ecosystems that have been relocated by a right-of-way)
Aquatic ecosystems including wetlands that are incidental results of development activity and have been rated “poor” for all measured wetland functions. A qualified professional using a method that is accepted by regional, state, or federal permitting agencies must perform an aquatic ecosystem quality assessment.

Case 2: Sites with naturally occurring aquatic ecosystems

Ensure the section of the site assessment (see Pre-Design P2.2: Conduct a pre-design site assessment) is complete and documents any aquatic ecosystems, including isolated wetlands, located on site.
Delineate the full geographic extent, within the project site boundary, of the aquatic ecosystems according to U.S. Army Corps of Engineers guidance.
Designate Vegetation and Soil Protection Zones (VSPZs) for wetland and deepwater habitat buffer designations as defined below (see Pre-Design P2.3: Designate and communicate VSPZs). Restoration activities are encouraged within the limits of VSPZs.
Ensure the section of the site maintenance plan (see O+M P8.1: Plan for sustainable site maintenance) is complete and demonstrates how protection or restoration of the aquatic ecosystems will maintain their health long term. Indicate how maintenance and monitoring activities will ensure sustained proper aquatic function.
Wetland and deepwater habitat buffers are designated by local, state, or federal regulations applicable to the jurisdiction in which the site is located, or as follows, whichever is greater:

Classification	Aquatic ecosystem habitat buffer designation
Marine	200 feet (60.96 meters) landward from normal high tide line
Estuarine	100 feet (30.48 meters) landward from the normal high tide line
Riverine	Tidal—100 feet (30.48 meters) landward from the normal high tide line
	Lower and upper perennial—100 feet (30.48 meters) from the ordinary high water mark or the 100-year floodplain, whichever is greater
	Intermittent and unknown perennial—50 feet (15.24 meters) from the ordinary high water mark or the 100-year floodplain, whichever is greater
Lacustrine	Water body greater than 50 contiguous acres (20.23 hectares)—100 feet (30.48 meters) landward from the normal water edge
Lacustrine	Water body less than 50 contiguous acres (20.23 hectares)—50 feet (15.24 meters) landward from the normal water edge
Palustrine	100 feet (30.48 meters) landward from the delineated edge of the delineated wetland

Note: An existing aquatic ecosystem cannot be utilized for primary water quality treatment. Stormwater management design must not impact existing aquatic ecosystem hydrology and features.

Case 3: Sites with naturally occurring poor quality aquatic ecosystems

This option is only available for naturally occurring aquatic ecosystems that have been rated “poor” for measured functions, including hydrologic function, vegetation, and habitat. A qualified professional using a method that is accepted by regional, state, or federal permitting agencies must perform the aquatic ecosystem quality assessment.

Ensure the section of the site assessment (see Pre-Design P2.2: Conduct a pre-design site assessment) is complete and documents any aquatic ecosystems, including isolated wetlands, located on site.
Delineate the full geographic extent of the aquatic ecosystem, within the project site boundary, using the U.S. Army Corps of Engineers guidance (see Resources section).
Demonstrate how the aquatic ecosystems’ functions will be protected, restored, and maintained for projects that will encroach on the required buffer of naturally occurring, poor quality aquatic ecosystems.
Ensure the section of the site maintenance plan (see O+M P8.1: Plan for sustainable site maintenance) is complete and demonstrates protection or restoration of the aquatic ecosystems to maintain their health long-term. Indicate how maintenance and monitoring activities will ensure sustained proper aquatic function.

RECOMMENDED STRATEGIES

During the site selection process, give preference to developing sites that do not contain aquatic ecosystems, such as wetlands or deepwater habitats.
Design the site to minimize disruption to existing wetlands or deepwater habitats.
If the project site boundary is directly adjacent to an off-site aquatic ecosystem, an on-site buffer may be implemented to protect all measured functions and the long-term health of the aquatic ecosystem.