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Barrier Removal Policy

Successes and Improvements

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Policies that facilitate barrier removal Double-click a post-it to edit.

Place any additional thoughts, ideas or feedback you have here.

CWA

Dam Safety - delegating inspection and maintenance and clarifying that liability lies with the owner. Issuing dam deficiency notifications.

ESA. Streamlined review and consultation for projects benefiting listed species and their habitats. (ESA Restoration/Recovery BA/BO template)

Maintaining a reliable water source

NC Land and Water Fund

Federal buy-in for nature-based solutions - needs to be a joint effort for all

Funding

Identifying rivers with dams as impaired on the State’s Integrated Reports.

Farm Bill/NRCS programs

Pennsylvania example: Establish “restoration waiver” which bypasses many regulations.

Massachusetts example: Establish “Division of Ecological Restoration” with mission to restore and reconnect rivers.

Mitigation Credits

Support from Congress for Nature-Based restoration (America’s Water Infrastructure Act)

Owner incentives (funding, transfer of responsibility)

Nationwide Permits

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Policy gaps around barrier removal Double-click a post-it to edit.

Place any additional thoughts, ideas or feedback you have here.

Linking dam safety with removal options and outreach (Resource For Future recent recommendation)

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LOMR

Education

Sufficient dedicated funding

Link dam removal to infrastructure repair goals

Address 401 WQ certification process, recognize short term impacts for long-term benefits.

Recreational Fishing Industry Concerns

SHPO requirements on dam removals

Linear Feet for stream credits do not translate to dams

Mitigation related to SHPO requirements on dam removals

Funding for landowner outreach and project management

Historic preservation

Mitigation credit needs

Dependence on Natural Stream Design to define ‘restoration’

Dam owner incentives to remove dams

Dam height/size cut off for dam safety regulation

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Group 1 Discussion

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Policy Barrier: Funding: linear footage stream restoration not translate to dam removals (restoration credits)

(solutions:)

  • Use linear measurement of re-connected waterway
  • Measure other ecological functions of removal (i.e. sedimentation transport, water quality, all aquatic species)

Policy Barrier: (con’t)

(solutions:)

  • Consider entire footprint of impoundment, use square footage rather than linear
  • EPA policies (CWA) need improvement, pressure at regional and national level
  • Ratios for mitigation credits are in the mitigation guidance created by inner agency NC review team (2008)
  • The top of the impoundment is used to determine linear feet of credit, then there is a ratio for extending based on access to habitat upstream for anadromous species
  • Mitigation credit for dam removals in NC: https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Public%20Notices/PN_07_08_DamRemovalGuidanceFinal061908.pdf

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Policy Barrier: How do 401 water quality certifications go in NC?

(solutions:)

  • More permitting steps for streams lately
  • (No discussion about dam removal)

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Policy Barrier: Dam Safety Inspections - if dam owner is responsible for inspection/repair, this is good incentive to remove dam.

(solutions:)

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Group 2 Discussion

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Policy Barrier: Dam Owner Incentives

  • Monetary? Tax breaks?
  • Some tax breaks for land owner removed
  • Allow landowner to get benefits of mitigation banks
  • FEMA provides grants in other states

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Policy Barrier: Safety/Repair

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  • More directive/incentive for landowners to repair or remove failing dams

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Policy Barrier: Historic Preservation

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  • SHPO may require extra mitigation for historic structures
  • Large sediment load
  • Keeping some structures that do not impede river flow (powerhouses, etc)

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Policy Barrier: LOMR

(solutions:)

  • Changing flood potential of rivers can be a large added expense (update flood maps)
  • Sometimes flood potential can be reduced

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Group 3 Discussion

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Policy Barrier: Project Manager Funding

(solutions:)

  • Need seed funding to engage landowners on the benefits of removal

Policy Barrier: DR as a dam safety priority

(solutions:)

  • Have guidance created to have NC Dam Safety provide information around removal to dam owners.
  • Removal is included as “rehabilitation”

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Policy Barrier: Dam Safety Inspection Backlog

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Policy Barrier: removal as a resilience strategy

(solutions:)

  • Funding allocated

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Policy Barrier: Mitigation Credit

(solutions:)

  • https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Public%20Notices/PN_07_08_DamRemovalGuidanceFinal061908.pdf

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