Planning Division, Community Development Department Municipality of Anchorage WETLANDS Anchorage Wetlands Management Plan Public Hearing Draft March 2012 Anchorage Wetlands Management Plan Public Hearing Draft March 2012 Prepared by Physical Planning Division Community Development Department Municipality of Anchorage “WETLAND” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas (Federal Clean Water Act, Section 404, Part 328.3, 7(b)). Table of Contents PREFACE iv ACKNOWLEDGEMENTS v CHAPTER 1: OVERVIEW 1 I. PLAN RATIONALE 1 II. PURPOSE AND GOALS 2 III. PREVIOUS PLANS 3 IV. WETLAND ISSUES AND NEEDS 4 V. BOUNDARY DESCRIPTION/STUDY AREA 5 VI. PHYSICAL SETTING 5 A. CLIMATE 5 B. GEOLOGY 7 C. SOILS 7 D. HYDROLOGY 8 CHAPTER 2: RESOURCE INVENTORY AND ANALYSIS 9 I. RESOURCE INVENTORY 9 A. 1982 PLAN 9 B. 1996 PLAN 9 C. 2012 PLAN 9 II. RESOURCE ANALYSIS 10 A. BACKGROUND 10 B. WETLAND SCORE RANGE 11 C. WETLANDS ACREAGE SUMMARY 13 III. CUMULATIVE IMPACTS 15 CHAPTER 3: CORPS OF ENGINEERS WETLANDS PROGRAM 17 I. PERMIT RESPONSIBILITY 17 A. INDIVIDUAL PERMITS 18 B. REGIONAL GENERAL PERMITS 18 C. NATIONWIDE PERMITS 19 D. LETTERS OF PERMISSION 19 II. WETLANDS DETERMINATION RESPONSIBILITY 19 III. CORPS OF ENGINEERS 404 PERMIT PROCESS 20 CHAPTER 4: MANAGEMENT STRATEGIES/ENFORCEABLE POLICIES 23 I. OVERVIEW 23 II. DEFINITIONS: BACKGROUND AND ENFORCEABLE POLICIES 23 A. BACKGROUND 23 B. WETLAND DESIGNATIONS 24 C. SETBACKS AND BUFFERS 28 D. DEFINITIONS 32 III. ADDITIONAL POLICIES 34 A. ADMINISTRATIVE AND PROCEDURAL POLICIES 34 B. BEST MANAGEMENT PRACTICES 35 C. SITE‐SPECIFIC POLICIES AND MANAGEMENT STRATEGIES 38 Anchorage Wetlands Management Plan - 2012 Public Hearing Draft Page ii CHAPTER 5: IMPLEMENTATION 113 I. PLAN IMPLEMENTATION RESPONSIBILITY 113 II. LOCAL IMPLEMENTATION 114 A. INSTITUTIONAL RESPONSIBILITIES 114 B. GENERAL PERMIT IMPLEMENTATION 116 III. APPEALS 117 A. MUNICIPAL LEVEL APPEAL 117 B. FEDERAL‐LEVEL APPEAL 117 IV. MONITORING AND ENFORCEMENT 117 V. PROGRAM AMENDMENTS 118 VI. WETLANDS PLAN REVIEW PROCESS 119 CHAPTER 6: MITIGATION 121 I. DESCRIPTION OF POTENTIAL MITIGATION MEASURES 121 II. RELATIONSHIP OF MITIGATION MEASURE TO PLAN DESIGNATIONS 126 III. MITIGATION RECOMMENDATIONS 127 IV. MITIGATION BANKING AND IN‐LIEU‐FEE PROGRAMS 128 V. SUMMARY 129 TABLES TABLE 1: 1982 SUMMARY OF FRESHWATER WETLAND ACREAGE 14 BY DESIGNATION TABLE 2: 1996 SUMMARY OF FRESHWATER WETLAND ACREAGE 14 BY DESIGNATION AND SUB‐AREA TABLE 3: 2012 SUMMARY OF FRESHWATER WETLAND ACREAGE 14 BY DESIGNATION AND SUBAREA TABLE 4.1: WETLAND MANAGEMENT STRATEGIES: ANCHORAGE BOWL 41 TABLE 4.2: WETLAND MANAGEMENT STATEGIES: EAGLE RIVER‐CHUGIAK 81 TABLE 4.3: WETLAND MANAGEMENT STRATEGIES: TURNAGAIN ARM 97 TABLE 5: INSTITUTIONAL RESPONSIBILITIES 115 TABLE 6: MITIGATION MEASURES 123 FIGURES FIGURE A: PERMIT APPLICATION PROCESS 21 FIGURE 1: VICINITY MAP 6 FIGURE 2: WETLAND DESIGNATION MAP: ANCHORAGE BOWL—NE 105 FIGURE 3: WETLAND DESIGNATION MAP: ANCHORAGE BOWL—NW 106 FIGURE 4: WETLAND DESIGNATION MAP: ANCHORAGE BOWL—SW 107 FIGURE 5: WETLAND DESIGNATION MAP: ANCHORAGE BOWL—SE 108 FIGURE 6: WETLAND DESIGNATION MAP: EAGLE RIVER TO EKLUTNA 109 FIGURE 7: WETLAND DESIGNATION MAP: TURNAGAIN ARM: INDIAN TO BIRD 110 FIGURE 8: WETLAND DESIGNATION MAP: TURNAGAIN ARM: GIRDWOOD 111 FIGURE 9: WETLAND DESIGNATION MAP: TURNAGAIN ARM: PORTAGE 112 APPENDIX 131 ASSEMBLY ORDINANCES BIBLIOGRAPHY 145 Anchorage Wetlands Management Plan - 2012 Public Hearing Draft Page iii PREFACE TO THE ANCHORAGE WETLANDS MANAGEMENT PLAN—2012 The Anchorage Wetlands Management Plan (AWMP) has been updated so that it can continue to serve several important functions for the Municipality. This revised Plan: 1. Provides an inventory and analysis of freshwater wetlands within the Municipality. 2. Acts as a vehicle for regulatory agency consensus on activities in wetlands, since the Corps of Engineers is required to consider comments from numerous state and federal agencies when evaluating a fill or dredging permit in wetlands. This consensus helps expedite and facilitate the permit process in all wetland designations. 3. Specifies the conditions set by the Corps of Engineers to authorize discharges under the General Permits. Use of the General Permits significantly reduces the time and expense needed to obtain permit approvals. However, if a project sponsor does not wish to pursue permitting via the General Permits, they may seek another type of Clean Water Act, Section 404 Permit through the Corps of Engineers. Equally important are several things the updated Plan does not do: 1. It does not prevent a property owner from developing, or attempting to develop, in “A” wetlands. In no case does the Plan identify private property where ALL potential development is prohibited unless the property already has a conservation easement or similar preservation mechanism in place. 2. It does not force a property owner to comply with the Management Strategies in order to develop a wetland area. If the property owner does not agree with these Management Strategies, they may still petition the Corps of Engineers and apply for a Section 404 Individual Permit that modifies the Enforceable Policies. 3. It does not preclude the Municipality from amending the Plan in the event that federal wetland regulations are changed or modified through congressional action. Update on the Alaska Coastal Management Program Note: Alaska’s participation with the national Coastal Zone Management Act (known as the Alaska Coastal Management Program) ended on June 30, 2011. This federally funded program allowed coastal states to manage coastal and ocean resources for the benefit of coastal residents, and provided a local voice in resource management decisions. The Municipality of Anchorage, as well as 30 other coastal districts, had operated under the Alaska Coastal Management Program (ACMP) since 1979. The Anchorage Coastal Management Plan (ACMP 1979, 2007) was drafted by the Municipality as local guidance for that program. The Anchorage Wetlands Management Plan was initiated in 1982 per Alaska Statutes AAC 11.114 directing the ACMP, to address freshwater wetlands which have an influence on coastal resources. A recent federal Coastal Management Program amendment added a sunset clause. Because the Alaska legislature was unable to agree upon certain aspects of the program’s renewal, the State’s participation in the program ended. The Anchorage Wetlands Management Plan, with this update, will continue to be a guiding document for development in freshwater wetlands. Although the Anchorage Coastal Management Plan cannot be effectively applied without the state coastal management program, which oversaw the implementation of district plans, it remains a valuable informational source regarding coastal resources. Anchorage Wetlands Management Plan - 2012 Public Hearing Draft iv ACKNOWLEDGMENTS This document represents a coordinated effort between state and federal resource agencies, the general public, and various departments in the Municipality of Anchorage (MOA). Numerous individuals from these groups contributed significantly to the development of this Plan. We would especially like to distinguish the following that deserve recognition and thanks for their commitment, perseverance, and contributions: Heather Dean U.S. Environmental Protection Agency Mary Lee Plumb‐Mentjes U.S. Army Corps of Engineers Nicole Hayes U.S. Army Corps of Engineers Estrella Campellone U.S. Army Corps of Engineers Shane McCoy U.S. Army Corps of Engineers Terry Lamberson MOA Information Technology Department Susan Perry MOA Community Development Department, Long‐Range Planning Section Carol Wong MOA Community Development Department, Long‐Range Planning Section Scott Wheaton MOA Public Works Department, Watershed Management Section Steve Ellis MOA Public Works Department, Watershed Management Section Thede Tobish and Karen Keesecker Project Managers Anchorage Wetlands Management Plan - 2012 Public Hearing Draft Page v Anchorage Wetlands Management Plan - 2012 Public Hearing Draft CHAPTER 1: OVERVIEW I. PLAN RATIONALE The importance of wetland functions and values have been well documented through scientific study. Although there is much variability among wetlands, typical wetland values include: • Providing highly productive ecosystems that support an abundance of fish and wildlife; • Regulating and modulating surface water flows through retention of excess runoff and release of this water over extended dry periods; • Protection from erosion and reducing the velocity of flood waters from erosion or waves; • Purifying water through uptake of nutrients, through settling of particles, and as a sink for toxic substances; and • Atmospheric regulation by a wetlands ability to store carbon within its peat biomass. When wetlands are drained or cleared, that carbon is released into the atmosphere as carbon dioxide, a greenhouse gas, which may affect global climates. Recognizing the values, such as unique vegetation, wildlife and aesthetics associated with wetlands, people have often designated these features as open space, parkland, and conservation areas. Consequently, the natural benefits and functions of wetlands have been extended to include such uses as recreation and aesthetics, water supply, and protection from natural