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Wetlands Nova Scotia’s Approach Kathleen Johnson, P.Eng. Regional Offices What to Expect! What is a wetland? Why should we care? How do I know? Wetland types - and the species that call them home Legislation & Operations What do we expect from you? Resources available What’s been happening? Where are we headed? What is a wetland? In Legal Terms..... “Land referred to as a marsh, swamp, fen or bog that either periodically or permanently has a water table at, near or above the land’s surface or that is saturated with water, and sustains aquatic processes as indicated by the presence of poorly drained soils, hydrophytic vegetation and biological activities adapted to wet conditions.” In Practical Terms… It’s land that is regularly covered or soaked with water for part or all of the year and has a presence of wetadapted species. They are neither land nor water but transition zones that combine features of both. Nova Scotia Environment and Labour NSEL) recognizes that wetlands are a particularly sensitive habitat and that alteration of wetlands can cause a significant adverse environmental effect. The Landscape - Nova Scotia is 5.5 million hectares in size. - 400,000 hectares of is wetland (7.5%), not including swamps (as high as 20% if you include swamps). - 75% of wetlands are privately owned. - Canada has 25% of the world’s remaining wetlands. - Nova Scotia has suffered significant wetland loss in coastal and agricultural areas. Why are Wetlands Valuable? - Help keep the environment clean and in balance by filtering pollutants (nitrogen, phosphorous, TSS) - Recharge freshwater and groundwater systems - Store greenhouse gases and carbon, rather than releasing to the atmosphere - Provide water-holding/regulating capacity which controls flooding and erosion - Provide some of the nature’s most biologically productive ecosystems for both plants and animals How Do I Know It’s a Wetland?? Mechanisms for Wetland Identification All three parameters must be present: • hydrology - conditions where the land is saturated enough to promote aquatic plant growth • soil type - presence of hydric soils or soils that form under conditions of saturation long enough to develop anaerobic conditions in the upper part • vegetation - obligate/facultative wetland species Types of Wetlands: -bogs -fens -swamps -marshes Bogs - most common form of wetland in Nova Scotia - mossy, peat covered, peat filled (>40cm) - primary source of water is precipitation and snowmelt - acidic with low nutrient content, anaerobic - surface raised or level with surrounding terrain - water table at or slightly below the surface, poorly drained Soil Order = Organic Great Groups: Fibrisols/Mesisols largely undecomposed to intermediate in decomposition Fens - not as common as bogs in Nova Scotia - also an accumulation of peat (>40cm) - similar to bogs but receive water from surrounding lands that tend to form channels - waters are rich in dissolved minerals therefore support great abundance of life - surface is level with water table - contain several rare plant species Soil Order = Organic Great Groups = Mesisols/ Humisols intermediate to advanced decomposed organics with less fibrous material Swamps - scattered throughout NS but have been greatly altered though human activity receive water from groundwater, surrounding lands, rivers dominated by trees and/or shrubs (usually no peat) water table is at or slightly below ground surface therefore swamps tend to be soggy or wet nutrient-rich Soil Orders=Organic /Gleysolic Great Groups: Gleysol -periodically saturated with water and depleted of oxygen and mineral, poor drainage, drab gray color Mesisols/Humisols - more highly decomposed organics with less fibrous material Marshes (fresh and saltwater) - standing or inflowing water from surrounding area; severe fluctuation in level - occur along waterbodies in areas that flood - fed by surface runoff, stream inflow, precipitation, groundwater, tidal action - dominated by non-woody aquatic plants (too wet for trees or shrubs) and is extremely productive Soil Orders = Organic /Gleysolic Great Groups= Humic : advanced decomposition of organics Rego Gleysols:Gleyed C horizon; little or no B horizon Department’s authority? The Department has governed wetlands since the 1967 Water Act! In 1995, the Environment Act was born and wetlands remained under the Departments mandate as a sensitive site. In March 2006, the Wetland Designation Policy and Operational Bulletin were released which did not present a new position but formalized an avoidance, mitigation, and compensation approach. The Activities Designation Regulations were amended in July 2007 to specify that the alteration of a wetland requires an approval, rather than being captured as a sensitive site under Section 29. Approvals 1. Alteration of any size - a Part V approval (construction) - deals with environmental protection ($250) 2. Alteration/disruption is >2 hectares a Part IV Approval is required under the Environmental Assessment Regulations - allows for consideration of a broad range of issues(environmental, human health, socio- economic, cultural, historical, archaeological, etc.) ($5000 +) So, What is an Alteration? • Alteration is defined as filling, draining, flooding or excavating. • This includes building a driveway or road So, you want to alter a wetland...now what? What do we expect from you? The wetland must be assessed and an application must be made to the local NSEL office providing the following minimum information that has been prepared by qualified individuals: - wetland delineation including maps & photos, - property ownership, boundaries & zoning, - ecology (including Species at Risk), hydrology & hydrogeology characterizations, - reason for alteration and alternatives considered, - detailed description of alteration methodology & impacts, - opportunities for mitigation and compensation PLEASE NOTE- AVOIDANCE MUST BE MET WHERE POSSIBLE How Does NSEL make it’s decisions on application? NSEL (in association with DNR) make decisions based on a step-wise process: 1. Avoidance of impacts - involves the prevention of impacts by choosing an alternate project, design or site. 2. Minimization of unavoidable impacts -involves the reduction of adverse effects of development on the function and value of the wetland. 3. Compensation for impacts that can’t be minimized involves a variety of alternatives that attempt to replace the loss of, damage to, or function/value of the wetland. Step 1: Avoidance This step involves the prevention of impacts, by choosing an alternate project, alternate design or alternate site. Approvals will not be issued to alter wetlands when there are reasonable alternatives or the alteration is solely for easthetic purposes. It is the applicants responsibility to demonstrate that there are no project alternatives and that they have carefully examined all alternate project designs and locations. Step 2: Minimization of Unavoidable Impacts Minimization involves the reduction of adverse effects of development on the function/value of the wetland. Step 2 will only be considered once it has been determined that the project is unavoidable via Step 1. At this point, add’l information will be required: - impacts of the project on the wetland and all mitigation options considered, - local concerns and conditions (i.e. flooding, rarity of wetland type in area, etc), - method to replace wetland function and the monitoring plan to determine effectiveness of mitigation. Step 3: Compensation for Impacts Compensation involves a variety of alternatives that attempt to replace the loss of, or damage to, wetland function and value and is considered the last resort! The preferred method of compensation includes restoration/enhancement of a like-type wetland. Creation may be considered if no other option exists. Preference for compensation must first be given to: 1. A project within the watershed, 2. Then an adjacent or nearby watershed, 3. Lastly, a more distant watershed may be considered if it can be demonstrated that there is no closer option. Examples of compensation projects that have been accepted Combinations of: Off site wetland restorations Or On site wetland restorations And an educational component to existing or restored wetlands (trails, benches, signage) Or Production of education materials (booklet) Compliance The primary goal of NSEL is to obtain voluntary compliance with the Act & Regulations. In the event of a non-compliance, an inspector may use any one, or combination, of the following enforcement tools: • Environmental Warning Report • Summary Offence Ticket (SOT) with penalties ranging from $682.00 • Information or Long Form Prosecution • Ministerial Order (Sections 125-128 of the Act) Tools to identify wetlands? NSDNR maintains a wetland inventory that is based on visual interpretation of 1:10,000 scale aerial photos taken during the late ‘80's and 90's and have been adapted to the Canadian Wetland Classification System. This inventory provides up to 3 vegetation communities, size, and type for wetlands larger than ~0.5 ha. Caution: only a small percentage have been ground-truthed and swamps are under-represented. Helpful reference sites: The Canadian Wetland Classification System http://www.uwwrc.net/web/wetlandsrc/cat/books/books1053313151236 NSDNR Wetland Inventory http://www.gov.ns.ca/natr/wildlife/wetlands/nswi.htm Natural History of Nova Scotia http://museum.gov.ns.ca/mnh/nature/nhns/habitats.htm Wetlands of BC - A Guide to Identification http://www.for.gov.bc.ca/hfd/pubs/Docs/Lmh/Lmh52.pdf Wetland Delineation does not involve heavy equipment. What’s Happening Statistics 30 28 26 24 22 20 18 16 14 12 10 8 6 4 2 0 ‘99 '00 ‘01 ‘02 ‘03 # applications # approved # rejected # under review ‘04 ‘05 ‘06 # withdrawn ‘07 Where are we going? The Environmental Goals and Sustainable Prosperity Act commits the department to establishing a policy of preventing net loss of wetlands by 2009. This will involve public consultation to contribute to a high-quality policy that may identify more effective alternatives, mechanisms to lower costs to business and administration, ultimately gaining better compliance, while still protecting wetlands as a resource. Take Away Wetland Identification, characterization and delineation is complicated and in-depth. Tips: -HIRE A GROUP OF QUALIFIED PROFESSIONALS -INVOLVE THE DEPARTMENT EARLY!