[From the U.S. Government Printing Office, www.gpo.gov]


              0
                          United States                    Office of Water,                         EPA843-F-95-001
                          Environmental Protection         Off ice of Wetlands,                     February 1995
                          Agency                           Oceans and Watersheds (4502F)
          E PA            Wetlands Fact Sheets



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                    1!7t copies of these fact sheets, call
                    Vetlands Information Hotline at
          1-86-0-8321-7828 (contractor operated)





        Fact Sheets                           Introductory Information
                                                   I Wetlands Protection - Overview
        Table of Contents                          2 Values and Functions of Wetlands
                                                   3 Consequences of Losing or Degrading Wetlands
                                                   4 Economic Benefits of Wetlands

                                                   5 Facts About Wetlands
                                                   6 Wetland Quotes
                                              The Administration Wetlands Plan
                                                   7 The Administration Wetlands Plan: An Update
                                                   8 NRCS to Identify Agricultural Wetlands
                                                   9 Alaska Wetlands Initiative
                                              Regulatory Information - Clean Water Act Section 404
                                                   10 Section 404 of the Clean Water Act: An Overview

                                                   11 How Wetlands Are Defined and Identified
                                                   12 Was the Section 404 Program Intended to Regulate Wetlands?
                                                   13 Issue Resolution Procedures: Clean Water Act/Section 404(q)
                                                   14 EPA!s Clean Water Act Section 404(c) "Veto Authority"
                                                   15 Wetlands Enforcement
                                                   16 Wetlands Mitigation Banking
                                                   17 Wetlands Categorization
                                                   18 What about Takings?
                                                   19 Wetlands on Agricultural Lands: Section 404 and Swampbuster
                                                   20 Exemptions to Section 404 Permit Requirements
                                              Other Federal, and State, and Local Programs
                                                   21 State, Tribal, Local, and Regional Roles in Wetlands Protection
                                                   22 State Wetlands Grant Program
                                                   23 State or Tribal Assumption of the Section 404 Permit Program
                                                   24 Section 401 Certification and Wetlands

                                                   25 Wetlands and Runoff
                                              Planning and Partnerships
                                                   26 Wetlands and Watersheds

                                                   27 What Is a State Wetland Conservation Plan?

                                                   28 Advance Identification (ADID)
                                                   29 EPKs Outreach Efforts
                                                   30 Partnerships with Landowners
                                                   31 Wetlands Acquisition and Restoration: Funding and Technical
                                                     Assistance
                                              Contacts for More Information
                                                   32 Environmental Protection Agency Directory
                                                   33 Corps of Engineers Regulatory Program Directory


        For more information, contact the EPA Wetlands information Hotline M
        at 1-800-832-7828 (contractor operated).                           U?






                              United States                            Office of Water,                                EPA843-F-95-001a
                              Environmental Protection                 Off ice of Wetlands,                            February 1995
                              Agency                                   Oceans and Watersheds (4502F)
         
          Wetlands Protection - Overview

          Over the past few years, the issue of
          wetlands protection seems to come up                                                              everywhere you turn. It's in the
          newspapers and on T4qY. and radio                                                                                                                  101ro HURRY%.
          news and talk shows.                                                

                                                                                                             OFFICIAL NOTICE:
                                                                                                             THESE ARE Not
                                                                                                             wE










                                                        Reprinted with Permission. Danzinger in The Christian Science Monitor, 1991 TCSPS
                                                        Why all the fuss?

                                                        Wetlands are the link between water and land. "Wetlands" is the collective term for
                                                        marshes, swamps, bogs, and similar areas found in flat vegetated areas, in depres-
                                                        sions in the landscape, and between dry land and water along the edges of
                                                        streams, rivers, lakes, and coastlines. However, water may be on the surface for
                                                        only a short time and look dry the rest of the year, making it hard to "know it
                                                                                      when you see it." The unrecognized "natural" values
                          6WOKqS q1.q1qKqE A                                                of wetlands have historically competed with their
                          qwqr2qm2qm q0 To Mal.                                              obvious value as "dry" land converted for purposes
                                                                                      such as development or agriculture.

                                                                                      We now realize that wetlands are important and valuable
                                                                                      ecosystems. They are home to many beautiful and
           EPA                                                                        rare species. They filter runoff and adjacent surface
                                                                                                   tect the quality of our takes, bays and
                                                                                 waters to pro
                                                                                      vets. Wetlands also protect many of our sources of
                                                                                                                                                          @V
                                                                                      drinking water. They are the source of many com.
                                                                                      merqciatty and recreationally valuable species of fish,
                                                                                  shellfish and wildlife. They retain flood waters and
                                                                                                                Reprinted with permission. Jerry L. Barrnett, The Indianapolis News

                                                        The U.S. Environmental Protection Agency (EPA) needs partners-including you-
                                                        to help protect wetland resources. This collection of fact sheets offers some basic
                                                        information about wetlands and the programs that affect them. Sources of more
                                                                                                         
                                                                                                                                                                                                                                  96q11,AqUqi2q@, 0q4-.















                                                        specific information are listed and the EPA WETLANDS INFORMATION
                                                        HOTLINE (contractor operated) is there for everyone.
                                                                                      US Department of commerce
                                                                                        center Library
                                                                                       Avenue
          For more information, contact the EPA Wetlands Information Hot   On, SC     
          at 1-800q-832-7828 (contractor operated).
 




                                United States                            Office of Water,                                  EPA843-F-95-001b
                                Environmental Protection                 Office of Wetlands,                               February 1995
                                Agency                                   Oceans and Watersheds (45020
           4810 E F A
          10 Values and Functions of Wetlands

             Wetlands provide niany benefits,              Ecological Benefits                           vegetation help slow floodwaters.
             including food and habitat for fish                                                         This combined action, storage and
             and wildlife; flood protection; shore-        Wetlands are among the most biologi-          slowing, can lower flood heights and
                                                                                                         reduce the water's erosive potential.
             line erosion control; natural products        cally productive natural ecosystems in        Wetlands thus -
             for hurrian use; water quality im.            the world. They can be compared to            * reduce the likelihood of flood
             provment; and opportunities for               tropical rain forests and coral reefs in        damage to crops in agricultural
                                                           the diversity of species they support.
             recreation, education, and research.                                                          areas
                                                           Wetlands are vital to the survival of         0 help control increases in the rate
                                                           various animals and plants, including           and volume of runoff in urban areas
                                                           threatened and endangered species             * buffer shorelines against erosion.
                                                           like the wood stork, Florida panther,         Wetlands help improve water quality,
                                                           and whooping crane. The U.S. Fish             including that of drinking water, by
                                                           and Wildlife Service estimates that up        intercepting surface runoff and
                                                           to 43% of the threatened and endan-           removing or retaining its nutrients,
                                                           gered species rely directly or indirectly     processing organic wastes, and reduc-
                                                           on wetlands for their survival. For           ing sediment before it reaches open
                                                           many other species, such as the wood
                                                           duck, muskrat, and swamp rose,                water.
                                                           wetlands are primary habitats. For            Wetlands provide opportunities for
               Wetlands SLIpport                           others, wetlands provide important            popular activities such as hiking,
                                                           seasonal habitats where food, water,          fishing, and boating. For example, an
               Many Species                                and cover are plentiful.                      estimated 50 million people spend
                                                                                                         approximately $ 10 billion each year
               Wetlands produce great volumes              Wetlands and               People             observing and photographing wet-
               of food as leaves and stems break           Because wetlands are so productive            lands-dependent birds.
               down in the water; this enriched            and because they greatly influence the
               material is called devitus.             I   flow and quality of water, they are
                                                           valuable to us.


                                                           Wetlands furnish a wealth of natural
               Detritus is food for insects,               products, including fish, timber, wild
               shellfish, and forage fish, and it          rice, and furs. For example, in the
               provides nutrients for wetlands             Southeast, 96% of the commercial
               plants and algae.                           catch and over 50% of the recreational
                                                           harvest are fish and shellfish that
                                                           depend on the estuary-coastal wet.
                                                           lands system. Waterfowl hunters
               Recreational fish such as bluefish          spend over $600 million annually in
               and striped bass, as well as                pursuit of wetlands,dependent birds.
               mammals, reptiles, and amphib-
               ians, eat aquatic invertebrates             Wetlands often function like natural
               and forage fish. Wetlands plants            tubs or sponges, storing water (flood@
               provide shelter and food to                 water, or surface water that collects in
               diverse species.                            isolated depressions) and slowly
                                                           releasing it. Trees and other wetland

             For more information, contact the EPA Wetlands Information Hotline M_
             at 1-800-832-7828 (contractor operated).




                                United States                           Office of Water,                                  EPA843-F-95-001 c
                                Environmental Protection                Office of Wetlands,                               February 1995
                                Agency                                  Oceans and Watersheds (4502F)
                E PA

                     Consequences of Losing or Degrading
                      Wetlands

            Losing or degrading wetlands can              Increased Flooding                           Damage to Species
            lead to serious consequences, such as
            increased flooding, extinction of             If wetlands are lost or degraded, we         Because many species depend on
            species, and decline in water quality.        lose their ability to control flooding.      wetlands, whatever harms wetlands
            We can avoid these consequences by            (See Fact Sheet #2.)                         harms these species. For example, the
            maintaining the valuable wetlands                                                          well-being of waterfowl populations is
                                                          For example, based on a 1972 study           tied directly to the status and abun-
            we have and restoring wetlands                comparing parts of the Charles River         dance of wetland habitats.
            where possible.                               in Massachusetts, the U.S. Army
                                                          Corps of Engineers determined that           Populations of mallard and northern
                                                          the loss of 8,422 acres of wetlands near     pintail ducks in North America have
                                                          Boston within the Charles River Basin        declined since 1955 (see graph). The
                                                          would have resulted in annual flood          loss and degradation of wetlands is one
                                                          damage of over $17 million. For this         of the major causes for the decline. In
                                                          reason, the Corps of Engineers elected       1994 duck populations had increased
                                                          to preserve the wetlands instead of          by 24% over the 1993 estimate and
                                                          constructing extensive flood control         were the highest since 1980. Scien-
                                                          facilities. (Source: Army Corps of           tists believe that improved wetland
                                                          Engineers. 1976. Water Resources             conditions and increased cover on
                                                          Development Plan, Charles River              Conservation Reserve Program lands
                                                          Watershed, Massachusetts. Corps, New         may be major factors in this increase.
                                                          England Division, Waltham, MA.)              (Source: U.S. Fish and Wildlife


                                                          Decline in Duck Population: 1955-1994

                                                 12000
                                                                                                                           Northern Pintail
                                                 10000                                                                    Mallard

                                                  8000



                                                  6000



                                                  4000



                                                  2000


                                                       0-1 111 11
                                                                                                                              k*%@Ow




                                                          '55 '57'59'61 '63'65'6769'71 '73'7577'79'81 '83'85'87'89'91 '93




            For more information, contact the EPA Wetlands Information Hotline
            at 1-800-832-7828 (contractor operated).








                Service, Office of Migratory Bird            (Source: Gosselink et al., eds. 1990.
                Management. 1994. Waterfowl                  Ecological Processes and Cumulative
                Population Status 1994. U.S. Govern-         Impacts. Lewis Publishing, Chelsea,
                ment Printing Office, Washington,            Mi.)
                DC.)
                Degraded wetlands may not be able to         Loss in Water Quality
                support species that make their homes        Destroying or degrading wetlands
                there. Wetlands in the Kesterson             results in lower water quality. For
                National Wildlife Refuge were                example, forested wetlands reduce
                continuously flooded with irrigation         nutrient loading into water bodies
                return flow that had high concentra-         such as the Chesapeake Bay. Forested
                tions of selenium. As a result, large-       riparian (streamside) wetlands in
                mouth and striped bass and catfish           predominantly agricultural watersheds
                disappeared from the refuge in 1982.         have been shown to remove approxi-
                In the spring of 1983, eggs from water       mately 80% of the phosphorous and
                birds at the site hatched less frequently
                and had more deformities in the              90% of the nitrogen from the water. if
                embryos. (Source: Harris, 1 1991,            wetlands, however, do not perform this
                Death in the Marsh. Island Press,            function, results will include an
                Washington DC.)                              increase in undesirable weed growth
                                                             and algae blooms. When the algal
                Overlogging of mature U.S. bottom-           blooms decompose, large amounts of
                land hardwood forests is believed to         oxygen are used up, depriving fish and
                have caused the extinction of the            other aquatic organisms. Algal blooms
                Ivory-Billed Woodpecker, North               are a major cause of fish kills.
                America's largest woodpecker.

































                For more information, contact the EPA Wetlands Information Hotline
                at 1-800-832-7828 (contractor operated).





                              United States                            Office of Water,                                 EPA843-F-95-001 d
                              Environmental Protection                 Office of Wetlands,                              February 1995
                              Agency                                   Oceans and Watersheds (4502F)
         80 E PA
         0 Economic Benefits of Wetlands

           Wetlands contribute to the national           Wetlands Yield Fish for                      Source: U.S. Congress, Office of
           economy by producingresources and                                                          Technology Assessment. 1993.
           commodities and providing other               the Nation                                   Preparing for an Uncertain Climate. Vol.
                                                                                                      11, OTA-0-568, U.S. Government
           benefits. Because of the diversity of         Wetlands are important spawning and          Printing Office, Washington, DC.
           wetland types and locationsp measuy-          nursery areas and provide plant food
           ing all their benefits is difficult, even     for commercial and recreational fish         Wetlands Improve
           for a specific type of wetland. This          and shellfish industries.                    Water Quality
           fact sheet discusses some site-specific       In 199 1, the dockside value of fish
           studies, but remember that each               landed in the United States was $3.3         Wetlands help stop pollutants from
           study measures only one or a few of           billion, which served as the basis of a      entering receiving waters. For ex-
           the benefits.                                 $26.8 billion fishery processing and         ample, the wetlands of the Congaree
                                                         sales industry, which in turn employs        Bottomland Hardwood Swamp in
                                                         hundreds of thousands of people. An          South Carolina remove sediment and
                                                         estimated 7 1 % of this value is derived     toxic substances and remove or filter
                                                         from fish species that during their life     excess nutrients. The least cost
                                                         cycles depend directly or indirectly on      substitute for these wetlands benefits
                                                         coastal wetlands. For example,               would be a water treatment plant
                                                         Louisiana's marshes alone produce an         costing $5 million (in 1991 dollars) to
                                                         annual commercial fish and shellfish         construct, and additional money would
                                                         harvest of 1.2 billion pounds worth          be needed to operate and maintain
                                                         $244 million in 1991.                        the plant.
                                                         Wetlands Provide                             Wetlands Help Control
                                                         Recreational                                 Floods
                                                         Opportunities                                The Minnesota Department of Natural
                                                         More than half of all U.S. adults (98        Resources has computed a cost of $300
                                                         million people) hunt, fish, birdwatch        to replace, on average, each acre-foot
                                                         or photograph wildlife. These activi,        of flood water storage. In other words,
                                                         ties, which rely on healthy wetlands,        if development eliminates a one-acre
                                                         added an estimated $59.5 million to          wetland that naturally holds 12 inches
                                                         the national economy in 1991.                of water during a storm, the replace-
                                                         Individual States likewise gain              ment cost would be $300. The cost to
                                                         economic benefits from recreational          replace the 5,000 acres of wetlands lost
                                                         opportunities in wetlands that attract       annually in Minnesota would be $1.5
                                                         visitors from other States.                  million (in 1991 dollars).









           For more information, contact the EPA Wetlands Information Hotline                 ZX1
           at 1-800-832-7828 (contractor operated).                                          173&






              Value of Michigan
              Wetlands

              A study of Michigan's coastal and
              forested wetlands valued them as
              shown in the chart, in addition to
              their other values, such as storm and
              flood protection
              Source: Hickman, C.A. 1977.
              "Forested Wetland Trends in the
              United States: An Economic Perspec,
              tive." Forest Ecology and Management
              3304), June 1 - Also see Jaworski, E.
              1978. Fish, wildlife, and recreation value
              Of Michigan's coastal wetlands. USFWS,
              Minneapolis, MN.

              Economic Value of Wetlands
              in Michigan

              300


              250                   A    Sport Fishing
          U                         B    Recreation
          <   200                   C    Hunting
                                    D    FurTrapping
          >   150                 1 E    Commercial Fishing

          0

              100



              50



                0
                        A B         C    D E
























              For more information, contact the EPA Wetlands Information Hotline
              at 1-800-832-7828 (contractor operated).





                               United States                            Office of Water,                                   EPA843-F-95-00le
                               Environmental Protection                 Office of Wetlands,                                February 1995
                               Agency                                   oceans and Watersheds (4502F)

           1
           MY,
           4'ry"EPA
           10 Facts about Wetlands

           Over half (53%) of the wetlands in              Percentage of Wetlands Acreage Lost, 1 780s-1 980s
           the lower 48 States were lost between
           the late 1700s and the mid-1980s.                               -31
           About 100 million acres of wetlands                                          -27          -49                                -20
           remain today in the lower 48 States,                          -38                              -42                                 -35
                                                                                 -56     -38         -35       -50    -50          0           -9
           representing less than 5% of the land                            -52                      - 5   -89                 -56        -74-37-28
           mass in the continental United                                                                        -85 7 -9                    -39
                                                                                   -30                                                       -54
           States. (See map.)                                          -91                 -50       -48      -87        1   .2 -42
           Source: Dahl and Johnson. Status and                                   -33                  -67          -59         -49
           Trends of Wetlands in the Conterminous                                         -36                 _72 .59 -50  -23 -27
           United States. USFWS, 1989.                     5@@                                       -52

                                                                                            -12



                                                           In Fiscal Year 1994, over 48,000               Is Current Wetlands
                                                           people applied to the Army Corps of            Protection Adequate?
                                                           Engineers (Corps) for a Section 404
                                                           permit. Eighty-two percent of these
                                                           applications were covered by general           In a 1994 survey, 53% of the respon,
                                                           permits in an average time of 16 days.         dent said they felt that more wetlands
                                                           Less than ten percent of the applica,          protection efforts were needed, 24%
                                                           tions were subject to the more detailed        said current efforts struck the right
                                                           individual evaluation -which took an           balance, 9% said these efforts had gone
                                                           average of 127 days. Only 358, or 0.7          too far, and 14% said they didn't know.
                                                           percent, of the permits were denied.           Source: "Times Mirror Magazines
           Twenty-two States have lost at least            In the 22-year history of the Section          National Environmental Forum
           50% of their original wetlands. Seven           404 program, EPA has vetoed only 11            Survey." 1994. Times Mirror Maga@
           of those twenty-two States - Califor-           permits.                                       zines/Roper Starch.
           nia, Illinois, Indiana, Iowa, Missouri,
           Kentucky, and Ohio - have lost more             In short, almost all individuals who
           than 80% of their original wetlands.            applied for a Section 404 permit in
           Source: Mitch and Gosselink@                    1994 got their permits, and the                                  14
           Wetlands. 2nd edition. Van Nostrand             average time for a decision was 27
           Reinhold, 1993.                                 days.                                          TOO h Ich Efiort-@
                                                                                                                    9%
           From the mid-1970s to the mid-1980s,            In addition, general permits cover an
           wetlands were lost at an annual rate of         estimated 50,000 activities that do not
           290,000 acres per year.                         require the public to notify the Corps
           Source: Dahlandjohnson. Statusand               at all.
           Trends of Wetlands in the Conterminous          Source: U.S. Army Corps of Engi-
           United States, Mid- I 970's to Mid,             neers, U.S. Environmental Protection
           1980's. USFWS, 1991.                            Agency.

           For more information, contact the EPA Wetlands Information Hotline
           at 1-800-832-7828 (contractor operated).






                            United States                     Office of Water,                         EPA843-F-95-001f
                            Environmental Protection          Off ice of Wetlands,                     February 1995
                            Agency                            Oceans and Watersheds (4502F)
		Quotes
           In a green place lanced through
           With amber and gold and blue - -
           
		A Place of water and weeds,                                                                               

		 and roses pinker than dawn                                                                      And ranks of lush young reeds                                                                  AM grasses straightly withdrawn                                                    
           From graven ripples of sands.            
           The still blue heron stands.              
           "The Blue Heron" by Theodore              
           Goodridge Roberts

                                                  Adawn wind stirs on the great marsh. With almost imperceptible
                                                  slowness, it rolls a bank of fog across the wild morass. Like the white
                                                  ghost of a glacier, the mists advance, riding over phalanxes of tamarack,
                                                  sliding across bog meadows heavy with dew. A single silence hangs from
                                                  horizon to horizon.

3350 25th s.t. s.w.
Vero Beach FL 36968
January 12, 1993

U.S.E.P.A. Headquarters
401 M Street
S.W. Washington, D.C. 20640

Dear Environmentalist,

My name is Justin Green.  I am in third grade a Beachland School.  I'll
make you a deal if you can same
all of the existing wetlands.  I'll earn
money to help you do it.  And did
you know more than 1/3 of the animals
depends on the wetlands.  So if you
can save the wetlands, Please Do!

Your Friend,

Justin Green

A dawn wind stirs on the great march.  With almost imperceptible 
slowness, it rolls a bank of fog across the wild morass.  Like the white
ghost of a glacier, the mists advance, riding over phalanxes of tamarack,
sliding across bog meadows heavy with dew.  A single silence hangs from
horizon to horizon.

-Aldo Leopold, "A Sand County Almanac"

For more information, contact the EPA Wetlands Information Hotline
at 1-800-83207827 (contractor operated).




















                                                  



             Wetland Quotes Continued...

             Greater familiarity with marshes on the part of more people could give
             man a truer and more wholesome view of himself in relation to Nature.
             In marshes, Life's undercurrents and unknowns and evolutionary changes
             are exemplified with a high degree of independence from human domi-
             nance as long as the marshes remain in marshy condition. They have
             their own life-rich genuineness and reflect forces that are much older,
             much more permanent, and much mightier than nun.


               Paul L. Errington, "Of Men and Marshes"




                                 I

               A habitat is where it's at.
               Keep them so the ducks can quack,
               The marshes filter the water's dirt,
               They're homes for many who we don't                               ilk* R* fe
               want hurt.
               Save The Wetlands


                                      A                          who"
                                                                                         aw Vah,

                                                                                 "PY
                                         sow, A.

                                                       rrem
                                           41 root*
                                                             4M

















             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated).




                                United States                          Office of Water,                                EPA843-F-95-00lg
                                Environmental Protection               Office of Wetlands,                             February 1995
                                Agency                                 Oceans and Watersheds (4502F)

              Aft
            wro E PA

                    The Administration Wetlands Plan:
                     An Update
              Wetlands protection-especially the          Shortly after coming into office, the       Accomplishments
              Federal regulatory program under            Clinton Administration convened an
              Section 404 of the Clean Water              interagency working group to address        The Clinton Administration has
              Act-has been controversial over the         legitimate concerns with Federal            already taken a number of actions to
              past few years. Much continues to           wetland policy.                             implement the Wetlands Plan,
                                                                                                      including-
              be said about the Federal regulation        After hearing from States, developers,         Clarified, through regulation, that
              of wetlands, but what is really             farmers, environmental interests,              prior converted croplands are not
              happening?                                  members of Congress, and scientists,           wetlands under both the
                                                          the working group developed a                  Swampbuster and Clean Water Act
                                                          comprehensive, 40-point plan to                programs
                                                          enhance wetland protection while
                                                          making wetland regulations more fair,          issued policies that have increased
                                                          flexible, and effective. This plan was         flexibility in wetland permitting
                                                          issued on August 24, 1993.                     and reduced burdens on permit
                                                          The Clinton Administration's Plan              applicants
                                                          emphasizes improving Federal wet-              given USDA the responsibility for
                                                          lands policy by                                identifying all wetlands on agricul-
                                                          ï¿½ streamlining wetlands permitting             tural lands for both the Swarripbuster
                                                             programs                                    and Clean Water Act programs
                                                          ï¿½  increasing cooperation with private      0  made it easier for permit applicants
                                                             landowners to protect and restore           to use mitigation "banks"
                                                             wetlands
                                                          ï¿½  basing wetland protection on good        0  allowed for greater flexibility in
                                                             science and sound judgment                  permitting requirements in Alaska,
                                                                                                         due to the unique circumstances in
                                                          ï¿½  increasing participation by States,         that State
                                                             Tribes, local governments, and the       0  authorized New Jersey to operate its
                                                             public in wetlands protection.              own wetlands program, in place of
                                                                                                         the Clean Water Act Section 404

                                                                                                         program


                                                                                                      *  requested increased funding for the
                                                                                                         Wetlands Reserve Program, to assist
                                                                                                         farmers who want to restore
                                                                                                         wetlands


                                                                                                      *  increased funding to States, Tribes,
                                                                                                         and local governments for wetlands
                                                                                                         programs.






              For more information, contact the EPA Wetlands Information Hotline
              at 1-800-832-7828 (contractor operated).





                Next Steps                                   Further Information

                These efforts are only the first steps       A copy of the Administration Wet-
                that the Clinton Administration is           lands Plan titled "Protecting America's
                taking to reduce the burden of Federal       Wetlands: A Fair, Flexible, and
                wetlands regulations, to minimize            Effective Approach" may be requested
                Federal overlap, and to encourage            from the EPA Wetlands Information
                greater participation by State, Tribal       Hotline (contractor operated).
                and local governments in protecting
                wetlands. Activities currently under
                development include-
                ï¿½ developing an administrative
                  process to minimize the regulatory
                  burden on small landowners and
                  farmers for small projects on their
                  land


                ï¿½ establishing clear and firm deadlines
                  for Corps of Engineers permit
                  decisions


                ï¿½ allowing administrative appeals of
                  permit denials and wetland
                  jurisdictional determinations as an
                  alternative to expensive and time-
                  consuming litigation

                ï¿½ establishing a wetland delineator
                  certification program to increase
                  the government's reliance on
                  wetlands delineations performed by
                  private experts, providing greater
                  certainty and flexibility to
                  applicants

                ï¿½ improving wetlands assessment
                  techniques to allow for better
                  consideration of wetlands functions
                  in permit decisions;

                ï¿½ Clarifying exemptions of manmade
                  wetlands from jurisdiction

                ï¿½ developing guidance that will
                  facilitate the use of programmatic
                  general permits-giving State      'and
                  local governments more flexibility
                  in wetlands protection and reducing
                  unnecessary duplication

                ï¿½ expanding the Wetlands Reserve
                  Program into all 50 States and
                  allowing more types of land into the
                  program.




                For more information, contact the EPA Wetlands Information Hotline
                at 1-800-832-7828 (contractor operated).




                                 United States                            Off ice of Water,                                  EPA843-F-95-001 h
                                 Environmental Protection                 Office of Wetlands,                               February 1995
                                 Agency                                   Oceans and Watersheds (4502F)
           ""EPA
                     NRCS to Identify Agricultural Wetlands

              Four Federal agencies involved in             pasture land, orchards, vineyards, and        What Does Not
              wetlands protection have agreed to            areas which support wetland crops             Change?
              recognize the Natural Resources               (e.g., cranberries, taro, watercress,
              Conservation Service (NCRS)                   rice).                                        The Section 404 permitting process
              (formerly the Soil Conservation               Other types of land (e.g., range lands,       does not change. EPA and the Corps
              Service) as the lead agency for               forest lands, woodlots, tree farms)           will continue to administer the
              identifying wetlands on agricultural          generally will continue to be evaluated       Section 404 program. In addition, the
              lands. Farmers can now rely on a              by the Corps, using the 1987 Corps            Section 404(f) exemptions for the
                                                            Wetland Delineadon Manual. However,           continuation of ongoing, normal
              single wetlands determination by the          there are two exceptions to this;             farming practices remain in effect (see
              NCRS for both the Clean Water Act             (1) NRCS may do wetland delinea-              Fact Sheet #20 for information on
              Section 404 program and the Food              tions on non-agricultural lands that          Section 404(f) exemptions).
              Security Act (Farm Bill)                      occur as small inclusions within
              Swampbuster program. This will                agricultural lands, and on takes, ponds,
              simplify procedures for farmers by            and streams that occur on agricultural          PLiblications of Interest:
              allowing one evaluation for both              lands; and (2) NRCS will be the lead
              programs. The EPA, the Army Corps             Federal agency for delineating wet-
                                                            lands on non-agricultural lands where           Memorandum of Agreement
              of Engineers (Corps), the NRCS, and           the delineation is requested by the             Among the Department of Agricul-
              the Fish and Wildlife Service signed a        landowner/operator who is a USDA                ture, the Environmental Protection
              memorandum of agreement on                    program participant. (NRCS will give            Agency, the Department of Interior,
              January 6, 1994, which outlines this          the Corps or EPA the opportunity to             and the Department of Army
              approach.                                     review these delineations before                Concerning the Delineation of
                                                            making the delineation final.)                  Wetlands for Purposes of Section
                                                                                                            404 of the Clean Water Act and
                                                            How Does This                                   Subtitle B of the Food Security Act,
                                                            Improve Procedures?                             January 6, 1994, 11 pp.
                                                                                                            Updated Questions and Answers
              What Lands are                                Under this agreement, farmers will be           Related to the Implementation of
                                                            able to rely on NRCS wetland delinea,           the January 6, 1994, Interagency
              Included?                                     tions for determining the extent of             Memorandum of Agreement
                                                            wetlands under both the Farm Bill               Concerning the Delineation of
              The NRCS will identify wetlands on            Swampbuster program and Section                 Wetlands for Purposes of Section
              agricultural lands. For this purpose,         404 of the Clean Water Act. For-                404 of the Clean Water Act and
              t, agricultural lands" means those lands      merly, a farmer received a wettand map          Subtitle B of the Food Security Act,
              intensively used and managed for the          from the NRCS for Swampbuster                   from EPA, DOA, NRCS, and FWS
              production of food or fiber to the            purposes only. If that farmer needed a          to Regional Agency Staff, Decem-
              extent that the natural vegetation has        Section 404 permit, the EPA and the             ber 12, 1994, 25 pp.
              been removed and therefore does not           Corps required an additional wettand
              provide reliable indicators of wettand        delineation. The agreement elimi-
              vegetation. Areas that meet this              nates this duplication of effort and
              definition may include intensively            gives the farmer one wetland determi-
              used and managed cropland, hayland,           nation from the Federal government.




              For more information, contact the EPA Wetlands Information Hotline
              at 1-800-832-7828 (contractor operated).





                                 United States                           Office of Water,                                 EPA843-F-95-001 i
                                 Environmental Protection                Office of Wetlands,                              February 1995
                                 Agency                                  Oceans and Watersheds (4502F)
                 E PA
           18 Alaska Wetlands Initiative

             As part of the Administration's 1993          Alaska's diverse array of wetlands          raised during the Initiative. Conclu-
             Wetlands Plan, EPA and the U.S.               possess a variety of functions and          sions are built upon the factual
             Army Corps of Engineers convened              values that contribute substantially to     information and technical data
             stakeholders and solicited public             the Nation's economy and well-being.        identified during the Initiative.
                                                           For example, wetlands serve as              Strong agreement among the Federal
             input in Alaska to identify and               valuable habitat for wildlife and           agencies provides the basis to imple-
             address concerns with implementing            fisheries (the salmon industry in           ment the actions in a manner that
             the Clean Water Act Section 404               Alaska is the State's largest nongov@       ensures effective protection of Alaska's
             program in Alaska. The seven.                 ernmental employer).                        valuable wetlands while providing
             month process resulted in a report                                                        appropriate regulatory flexibility to
             issued on May 13, 1994, which                 Stakeholder                                 reflect circumstances in Alaska. Key
             identified 26 action items to be              Participation                               actions include -
             implemented by the Federal agencies,                                                         implementing abbreviated permit
             many in coordination with the State,          The Initiative was developed in                processing procedures for the
             Natives, and other participating              consultation with a diverse and                construction of water, wastewater,
             stakeholders.                                 comprehensive group of Alaskan                 and sanitation facilities in wetlands
                                                           stakeholders and the public. Stake-            in Alaskan villages
                                                           holders representing such interests as
                                                           commercial fishing, environment,               continuing to develop general
                                                           Natives, oil and gas, and the State, as        permits, which efficiently allow
                                                           well as the Department of Energy, the          activities with minimal impacts to
                                                           U.S. Fish and Wildlife Service, and            proceed without the need for
                                                           the National Marine Fisheries Service,         individual permit authorization
                                                           participated in a series of meetings
                                                           around the State. The public was               strengthening relationships with the
                                                           invited to attend all stakeholder              State, local governments, and
                                                           meetings, submit written comments,             Native Corporations and villages
                                                           and participate in a Statewide telecon,        through such measures as establish.
                                                           ference linking 20 locations through-          ing written partnerships regarding
                                                           out Alaska. Stakeholders and the               the regulatory program and placing
                                                           public identified concerns with the            greater emphasis on providing
                                                           wetlands program, focusing on how              assistance for local wetlands
             Alaska's Wetlands                             circumstances in Alaska, such as               planning mechanisms as they relate
                                                           climate and the extent of wetlands,            to the regulatory program
             Alaska is estimated to have approxi-          affect implementation of regulatory
             mately 175 million acres of wetlands,         requirements in the State.                     Clarifying "practicability" and
             comprising approximately 43% of the                                                          "flexibility" considerations that
             surface area of the State-more                                                               allow implementation of the
             wetlands acreage than the rest of the         Actions                                        regulatory program to reflect
             United States combined. The State is                                                         circumstances in Alaska.
             also characterized by high levels of          The Initiative report summarizes the
             Federal, State, and Native Corpora-           results of the effort and presents the      Copies of the report, titled "Alaska
             tion land ownership, a small popula-          recommendations and actions, in             Wetlands Initiative: Summary
             tion (over a third of which lives in          combination with the initiatives            Report:' may be obtained from the
             Anchorage), relatively large Native           identified in the Administration's          EPA Wetlands Information Hotline.
             and subsistence populations, and              Wetlands Plan, that will be under-
             Arctic and sub-Arctic climates.               taken in Alaska to address concerns


             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated).                                         &




                                  United States                             Off ice of Water,                                   EPA843-F-95-001j
                                  Environmental Protection                  Office of Wetlands,                                 February 1995
                                  Agency                                    Oceans and Watersheds (4502F)
            8a E PA
              Is Section 404 of the Clean Water Act:
                          An Overview

              Section 404 of the Clean Water Act               What does Section 404
              establishes a program to regulate the            Require?
              discharge of dredged and fill material
              into waters of the United States,                The basic premise of the program is
              including wetlands. Activities in                that no discharge of dredged or fill
              waters of the United States that are             material can be permitted if a practi-
              regulated under this program include             cable alternative exists that is less
              fills for development, water -resource           damaging to the aquatic environment
                                                               or if the nation's waters would be
              projects (such as dams and Levees),              significantly degraded. In other words,
              inftastructure development (such as              when you apply for a permit, you must              Agencies'
              highways and airports), and conver-              show that you have                                 Responsibilities
              sion of wetlands to uplands for                  0 taken steps to avoid wetland
              farming and forestry.                              impacts where practicable
                                                               ï¿½ minimized potential impacts to                   Army Corps of Engineers
                                                                 wetlands                                         0 administers the day-to@day
                                                               ï¿½ provided compensation for any                      program, including individual
                                                                 remaining unavoidable impacts                      permit decisions and jurisdic-
                                                                 through activities to restore or                   tional determinations
                                                                 create wetlands.                                 0 develops policy and guidance
                                                                                                                  0 enforces Section 404 provisions.
                                                               Regulated activities are controlled by a
                                                               permit review process. An individual               Environmental Protection Agency
                                                               permit is usually required for poten-              0 develops and interprets environ-
                                                               tially significant impacts. However,                 mental criteria used in evaluat@
                                                               for most discharges that will have only              ing permit applications
                                                               minimal adverse effects, the Army                  0 determines scope of geographic
                                                               Corps of Engineers often grants up,                  jurisdiction
                                                               front general permits. These may be                0 approves and oversees State
                                                               issued on a nationwide, regional, or                 assumption
                                                               state basis for particular categories of           0 identifies activities that are
                                                               activities (for example, minor road                  exempt
                                                               crossings, utility line backfill, and              0 reviews/comments on individual
                                                               bedding) as a means to expedite the                  permit applications
                                                               permitting process.                                0 has authority to veto the Corps'
                                                                                                                    permit decisions (Section
                                                               Section 404(f) exempts some activities               404[c])
                                                               from regulation under Section 404.                 * can elevate specific cases
                                                               These activities include many ongoing                (Section 404[q])
                                                               farming, ranching, and silviculture                0 enforces Section 404 provisions.
                                                               practices.







              For more information, contact the EPA Wetlands information Hotline
              at 1-800-832-7828 (contractor operated).




             Individual Permit Process Under the Clean
             Water Act, Section 404

             Who's Involved in                                        The 404 Individual Permit Process
             Regulation?
             EPA and the Army Corps of Engineers                                      Public notice
             (Corps) jointly administer the program.           (issued by the Corps within 15 days of receiving A permit information)
             In addition, the U.S. Fish and Wildlife      The public notice describes the permit application, including the proposed activity,
             Service, the National Marine Fisheries       its location, and potential environmental impacts. The public notice invites
             Service, and State resource agencies         comments within a specified time.
             have important advisory roles.

             A Federal permit is required to dis-
             charge dredged or fill material into                                  Comment period
             wetlands and other waters of the                            (15,30 days, depending on the proposed activity)
             United States. The flow chart tells
             what the Corps does once it receives         The application and comments are reviewed by the Corps and other interested
             an individual permit application.            Federal and State agencies, organizations, and individuals. The Corps determines
                                                          whether an Environmental Impact Statement is necessary.



                                                                                     Public hearing

                                                          Citizens may request that the Corps conduct a public hearing; however, public
                                                          hearings are not normally held.



                                                                                   Permit evaluation

                                                          The Corps evaluates the permit application based on the comments received, as
                                                          well as its own evaluation.



                                                          Environmental Assessment and Statement of Finding

                                                          The Statement of Finding document, which explains how the permitdecision was
                                                          made, is available to the public.
                                                                       @Iw                                       1W
                                                                Permit iSSLIC(l                          Permit denied
                                                                                                                      I


                                                       Modified from Kathleen Rude, "Conservation: You Can Make a Difference," Ducks Urdimited,
                                                       September/October 1990,26-28,








             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated).





                                 United States                           Office of Water,                                 EPA843-F-95-001 k
                                 Environmental Protection                Office of Wetlands,                              February 1995
                                 Agency                                  Oceans and Watersheds (4502F)
            qwEPA

                        How Wetlands are Defined and
                          Identified

             "Wetlands are areas that are inun.            spring rains but are dry at other times      Manual for Defining
             dated or saturated by surface or              of the year), playas (areas at the           Wetlands
             ground water at a frequency and               bottom of undrained desert basins that
             duration sufficient to support, and           are sometimes covered with water),           The EPA and the Corps use the 1987
             that under normal circumstances do            and prairie potholes.                        Corps of Engineers Wetlands Delineation
             support, a prevalence of vegetation                                                        Manual to define wetlands for the
             typically adapted for life in saturated       Characteristics of                           Clean Water Act Section 404 permit
             soil conditions. Wetlands generally           Wetlands                                     program. Section 404 requires a
             include swamps, marshes, bogs, and                                                         permit from the Corps or authorized
             similar areas."                               When the upper part of the soil is           State for the discharge of dredged or
                                                           saturated with water at growing season       fill material into the waters of the
             -Definition of wetlands as used by the        temperatures, soil organisms consume         United States, including wetlands.
             U.S. Army Corps of Engineers (Corps)          the oxygen in the soil and cause             The 1987 manual will remain in use
             and the U.S. Environmental Protec-            conditions unsuitable for most plants.       pending review of public comments on
             tion Agency (EPA) since the 1970s for         Such conditions also cause the               the 1991 proposed manual and the
             regulatory purposes.                          development of soil characteristics          ongoing National Academy of Sci.
                                                           (such as color and texture) of so@called     ences study of wetlands definition.
                                                           "hydric soils." The plants that can      -
                                                           grow in such conditions, such as marsh       The 1987 manual organizes environ-
                                                           grasses, are called "hydrophytes."           mental characteristics of a potential
                                                           Together, hydric soils and hydrophytes       wetland into three categories: soils,
                                                           give clues that a wetlands area is           vegetation, and hydrology. The
                                                           present.                                     manual contains criteria for each
                                                                                                        category. With this approach, an area
                                                           The presence of water - by ponding'          that meets all three criteria is consid,
                                                           flooding, or soil saturation - is not        ered a wetland.
                                                           always a good indicator of wetlands.
                                                           Except for wetlands flooded by ocean
                                                           tides, the amount of water present in
                                                           wetlands fluctuates as a result of
                                                           rainfall patterns, snow melt, dry
             In more common language, wetlands             seasons and longer droughts.
             are areas where the frequent and
             prolonged presence of water at or near        Some of the most well-known wet-
             the soil surface drives the natural           lands, such as the Everglades and
             system - meaning the kind of soils            Mississippi bottomland hardwood
             that form, the plants that grow, and          swamps, are often dry. In contrast,
             the fish and/or wildlife communities          many upland areas are very wet during
             that use the habitat. Swamps,                 and shortly after wet weather. Such
             marshes, and bogs are well,recognized         natural fluctuations must be consid.
             types of wetlands. However, many              ered when identifying areas subject to
             important specific wetland types have         Federal wetlands jurisdiction. Simi.
             drier or more variable water systems          larly, the effects of upstream dams,
             than those familiar to the general            drainage ditches, dikes, irrigation, and
             public. Some examples of these are            other modifications must also be
             vernal pools (pools that form in the          consideied.

             For more information, contact the EPA Wetlands information Hotline
             at 1-800-832-7828 (contractor operated).




                                    United States                            Office of Water,                                   EPA843-F-95-0011
                                    Environmental Protection                 Office of Wetlands,                                February 1995
                                    Agency                                   Oceans and Watersheds (4502F)
                    E PA

                           Was the Section 404 Program Intended
                           to Regulate Wetlands?

               Questions about which and how                   program's jurisdiction to traditionally       ing the scope of jurisdiction. In
               wetlands are regulated have been                navigable waters, including adjacent          allowing States to assume the 404
               widely discussed and debated over the           wetlands, excluding many small                program for some waters, Congress
               years. This fact sheet explains what            waterways and most wetlands.                  made specific reference to wetlands in
                                                                                                             the Act itself
               the U.S. Army Corps of Engineers,               In 1975, a Federal district court
               Congress, and the U.S. Supreme                  directed the Corps to revise and              What Has the
               Court have said about these topics.             expand its regulations to be consistent
                                                               with Congressional intent. In re-             Supreme Court Said?
                                                               sponse, the Corps issued interim final
                                                               regulations to include waters that are        Regarding the issue of jurisdiction for
                                                               not adjacent to navigable waters              wetlands adjacent to rivers, lakes,
                                                               ("isolated waters") in the program's          streams, estuaries, etc., the Supreme
                                                               jurisdiction.                                 Court has unanimously held that the
                                                                                                             Corps acted reasonably in interpreting
                                                               In 1977, the Corps issued final               the Act's geographic jurisdiction to
                                                               regulations and explicitly included           extend to wetlands adjacent to other
                                                               "isolated wetlands and lakes, intermit-       14 waters of the U.S.," even if those
                                                               tent streams, prairie potholes, and           wetlands are saturated only by ground
                                                               other waters that are not part of a           water sources (as opposed to surface
                                                               tributary system to interstate waters or      water flooding). However, the Su-
                                                               to navigable waters of the United             preme Court has not yet ruled on the
               Section 404 Program                             States, the degradation or destruction        issue of non-adjacent, isolated wetland
                                                               of which could affect interstate              jurisdiction.
               History                                         commerce." The definition promulgated
                                                               in 1977 is substantially the same as the
               In 1972, Congress passed the Federal            one in effect today.
               Water Pollution Control Act Amend-
               ments, also known as the Clean Water            What Has Congress
               Act, "to restore and maintain the
               chemical, physical, and biological              Said?
               integrity" of the Nation's waters. The
               Act defined "navigable waters" as               When Congress amended the Act in
               "waters of the United States." The              1977, it was aware of the Corps' recent
               legislative history made plain that             assertion of jurisdiction over wetlands.
               Congress intended the broadest                  In fact, this issue was extensively
               possible Federal jurisdiction, expand-          debated. In the end, Congress rejected
               ing beyond traditionally navigable              attempts to narrow the scope of that
               waters.                                         jurisdiction, in large part because of
                                                               concern that to do so would unduly
               Section 404 of the Clean Water Act              hamper protection of wetlands. Other                                           .00 MW
               established a permit program regarding          1977 amendments, such as the Section
               discharges of dredged and fill material.        404(f) exemptions, general permitting
               In 1974, when the Corps issued                  authority, and the provision for States
               regulations to implement the Section            to assume the 404 program for some
               404 program, they limited the                   waters, responded to concerns regard-


               For more information, contact the EPA Wetlands Information Hotline
               at 1-800-832-7828 (contractor operated).                                            PC31





                                   United States                              Off ice of Water,                                   EPA843-F-95-001 m
                                   Environmental Protection                   Off ice of Wetlands,                                February 1995
                                   Agency                                     Oceans and Watersheds (4502F)
             crEPA

                           Issue Resolution Procedures:
                          Clean Water Act/Section 404(q)

               Under Section 404 of the Clean                     Process for Resolving Section 404((1) Permit Issues
               Water Act, the U.S. Army Corps of
               Engineers (Corps) has the primary                                                 EPA objection
               authority for determining whether or              EPA formally determines that issuance of the permit will result in unacceptable
               not to issue a permit for the discharge           adverse effects to Aquatic Resources of National Importance.
               of dredged or #11 materials. In making          I
               a permit decision, the Corps solicits                                                    Aw
               and considers the views of the public                                  Notice of intent to proceed
               as well as State and Federal resource
               agencies. At times, EPA may oppose                The Corps District Engineer notifies the EPA Regional Administrator if the Corps
               the Corps'intent to issue a Section               intends to issue the permit over EPA objections. The EPA Regional Administrator
               404 permit for a particular project.              has 15 days to respond to the request.
               This fact sheet describes the process                                                      1w,           Further Action Unwarranted
               to resolve these differences.                                                    Case elevation

                                                                 The EPA Regional Administrator recommends to EPRs Assistant Administrator for
                                                                 Water that the permit application be reviewed at a higher level within the Depart,
                                                                 ment of the Army.


                                                                                                                            Decline Further Elevation
                                                                                        Review of Corps decision

                                                                 Within 20 days of receiving the EPA Regional Administrator's request, the EPA
                                                                 Assistant Administrator decides whether to seek higher level review of the District
               The process and time frame for                    permit decision by the Assistant Secretary of the Army (Civil Works).
               resolution are spelled out in the
               Section 404(q) Memorandum of                                                                                  Army Declines Elevation
               Agreement signed by EPA and the                                                    Army review
               Department of the Army in August of
               1992. Under this Agreement, EPA                   EPA Headquarters' case elevation is reviewed by the Assistant Secretary of the
               may request that a certain permit                 Army (Civil Works). That review results in either a determination that the decision
               application receive a higher level of             will be made at a higher level than the District Engineer, or the Assistant Secretary
               review within the Department of the               can issue policy guidance applicable to the case under review.
               Army, a@ shown at right.

               In addition to this process, either the
               Corps or EPA can also formally raise
               issues related to Section 404 general
               program policies and procedures.                Case Elevation Statistics: Since the 1992 Section 404(q) Memorandum of
               Because this kind of review does not            Agreement was signed, EPA has asked for a higher review by the Department of
               directly relate to a specific permit, it        the Army on seven individual permit cases. Under the previous Section 404(q)
               does not delay the review of pending            Memorandum of Agreement of 1985, EPA elevated sixteen individual permit
               permit applications.                            cases to the Department of the Army.

               For more information, contact the EPA Wetlands Information Hotline
               at 1-800-832-7828 (contractor operated).                                             A





                                   United States                            Office of Water,                                   EPA843-F-95-001n
                                   Environmental Protection                 Office of Wetlands,                                February 1995
                                   Agency                                   Oceans and Watersheds (4502F)
             voEPA

                           EPA's Clean Water Act Section 404(c)
                           "Veto Authority"
               Section 404(c) of the Clean Water                                  Section 404(c) "Veto" Process
               Act authorizes EPA to restrict or
               prohibit the use of an area as a
               disposal site for dredged or fill                   Intent to issue notice of Proposed Determination
               material if the discharge will have              The EPA Regional Administrator states his or her intention to issue a public notice
               unacceptable adverse effects on                  of a Proposed Determination to withdraw, prohibit, deny, or restrict the specification
               municipal water supplies, shellfish              of a defined area for discharge of dredged or fill material.
               beds and fishery areas, wildlife or                                                    -@w
               recreatimial areas. The process is                             Notice of Proposed Determination
               shown to the right.                                                                (within 15 days)

                                                                If the Regional Administrator is not satisfied that no unacceptable adverse effects
                                                                will occur, a notice of the Proposed Determination is published. The Proposed
                                                                Determination begins the process of exploring whether unacceptable adverse
                                                                effects will occur.


                                                                                       Public comment period
                                                                                        (generally between 30 and 60 days)
               Because Section 404(c) actions have              A public hearing is usually held during the comment period.
               mostly been taken in response to              I                                                                                         I
               unresolved permit applications, this                                                     7
               type of action is frequently referred to
               as an EPA "veto" of the U.S. Army                      Recommended Determination or withdrawal
               Corps of Engineers permit. EPA has                  (within 30 days of the public hearing or, if no public hearing is held, within
               completed only I I "veto" actions out                                15 days of the end of the comment period)
               of an estimated 150,000 permit                   The Regional Administrator prepares a Recommended Determination to withdraw,
               applications received since the                  prohibit, deny, or restrict the specification of a defined area for disposing of dredged
               regulations went into effect in October          or fill material. Alternatively, he or she withdraws the Proposed Determination.
               1979.


               An EPA Regional Administrator
               initiates the action if he or she                         Review of Recommended Determination
               determines that the impact of a                                                        (30 days)
               proposed permit activity is likely to            The EPA Regional Administrator forwards the Recommended Determination and
               result in                                        the administrative record to the EPA Assistant Administrator for Water.
               ï¿½  significant degradation of municipal
                  water supplies (including surface or
                  ground water) or                                                        Final Determination
               ï¿½  significant loss of or damage to                         (60 days after receipt of the Recommended Determination)
                  fisheries, shellfishing, or wildlife
                  habitat, or recreation areas.                 The EPA Assistant Administrator affirms, modifies, or rescinds the Recommended
                                                                Determination and publishes notice of the Final Determination in the Federal Register



               For more information, contact the EPA Wetlands Information Hotline
               at 1-800-832-7828 (contractor operated).                                           4





                                  United States                           Office of Water,                                 EPA843-F-95-001o
                                  Environmental Protection                Office of Wetlands,                              February 1995
                                  Agency                                  Oceans and Watersheds (4502F)
             woEFA

                          Wetlands Enforcement

              In addition to jointly implementing           Types of Violations                         ate, to remove the illegal discharge
              the Clean Water Act Section 404                                                           and otherwise restore the site. Under
              program, EPA and the U.S. Army                Section 404 violations fall into two        Section 309(g), EPA and the Corps
              Corps of Engineers (Corps) share              broad categories:                           can assess administrative civil penal-
                                                            * failure to comply with the terms or       ties of up to, but not exceeding,
              Section 404 enforcement authority.              conditions of a Section 404 permit        $125,000 per action.
              This fact sheet gives an overview of
              how the agencies implement this               0 discharging dredged or fill material      In judicial enforcement, Sections
              shared authority.                               to waters of the United States            309(b) and (d) and 404(s) give EPA
                                                              without a permit.                         and the Corps the authority to take
                                                                                                        civil judicial actions, seeking restora-
                                                            In 1989, EPA and the Corps entered          tion and other types of injunctive
                                                            into a Memorandum of Agreement              relief, as well as civil penalties. The
                                                            (MCA) on enforcement to ensure              agencies also have authority under
                                                            efficient and effective implementation      Section 309(c) to bring criminal
                                                            of this shared authority. Under the         judicial enforcement actions for
                                                            MCA, the Corps, as the Federal              knowingly or negligently violating
                                                            agency that issues permits, has the lead    Section 404.
                                                            on Corp-issued permit violation cases.
                                                            For unpermitted discharges, EPA and         Case Selection
                                                            the Corps determine the appropriate
                                                            lead agency based on criteria in the        EPA and the Corps consider a wide
                                                            MCA.                                        variety of factors when deciding
                                                                                                        whether to initiate an enforcement
                                                            Enforcement Goals                           action and, if so, what kind. These
              EPA Section 404                               and Tools                                   factors include the amount of fill, the
              enforcement actions                                                                       size of the water body (acres of
              (initiated)                                   EPNs Section 404 enforcement                wetlands filled and the environmental
                                                                                                        significance), the discharger's previous
                                                            program has three goals: protect the        experience with Section 404 require-
              160                                           environment and human health and            ments, and the discharger's compliance
              140                                           safety, deter violations, and treat the     history.
                                                            regulated community fairly and
              120                                           equitably. EPNs enforcement program         In most instances, EPA and the Corps
                                                            achieves these goals through voluntary
            0                                                                                           prefer to resolve Section 404 viola-
            t 100                                           compliance and by using the enforce-        tions through voluntary compliance or
            <                                               ment tools provided under Sections          administrative enforcement.
               80-
                                                            309 and 404 of the Clean Water Act.

               60-
                                                            In administrative enforcement, under
               4                                            Section 309(a), EPA can issue admin-
               20                                           istrative compliance orders requiring a
                   @                                        violator to stop any ongoing illegal
                 0                                          discharge activity and, where appropri.
                      1991         1992        1993
                       Administrative        E Judicial



              For more information, contact the EPA Wetlands information Hotline
              at 1-800-832-7828 (contractor operated).                                         DC31




            Wetlands Criminal Enforcement


            Since enactment of the Clean Water           United States v. Pozsgai
            Act, EPA and the Corps have used
            their criminal enforcement authori.          In December 1989, a Philadelphia jury convicted John Pozsgai on 40 counts of
            ties sparingly in response to Section        knowingly filling wetlands in Bucks County, Pennsylvania, without a Section
            404 violations. As demonstrated by           404 permit. Mr. Pozsgai was sentenced to three years in jail, ordered to restore
            the Mlouring examples, EPA and the           the site upon his release, and assessed a fine. His conviction and sentence have
                                                         been affirmed by the U.S. Supreme Court.
            Corps reserve their criminal enforce-
            ment authority for only the most             Even prior to purchasing the 14-acre tract in 1987, Mr. Pozsgai was told by
            flagrant and egregious Section 404           private consultants that the site contained wetlands subject to the permitting
            violations.                                  requirements of Section 404. He purchased the property at a reduced price due
                                                         to the presence of wetlands, and then proceeded to ignore no fewer than ten
                                                         warnings from EPA and Corps field staff to stop filling the wetlands without first
                                                         getting a Section 404 permit. He also defied a temporary restraining order
                                                         (TRO) issued by a Federal court judge. In fact, the government documented
                                                         violations of the TRO on videotape, thanks to the cooperation of neighbors
                                                         whose homes were being flooded as a result of Mr. Pozsgai's filling in his
                                                         wetlands.



                                                         United States v. Ellen

                                                         In January, 1991, William Ellen was found guilty by a Maryland jury of know-
                                                         ingly filling 86 acres of wetlands without a Section 404 permit. He was sen-
                                                         tenced to six months in jail and one year supervised release. The U.S. Supreme
                                                         Court denied review of the conviction and sentence.


                                                         Mr. Ellen is a consultant who was hired by Paul Tudor Jones to assist in the
                                                         location and creation of a private hunting club and wildlife preserve on
                                                         Maryland's Eastern Shore. With Mr. Ellen's assistance, Jones selected a 3,000-
                                                         acre site in Dorchester County that bordered Chesapeake Bay tributaries and
                                                         consisted largely of forested wetlands and tidal marshes. As project manager, Mr.
                                                         Ellen was responsible for acquiring environmental permits and complying with
                                                         all applicable environmental rules and regulations. His own consulting engi-
                                                         neers repeatedly told him that a Section 404 permit would be required. Never-
                                                         theless, he supervised extensive excavation and construction work, destroying
                                                         wetlands at the site, without first obtaining a Section 404 permit. Despite
                                                         repeated warnings to Mr. Ellen from the Corps, this unpermitted activity did not
                                                         stop until the Corps contacted the subcontractors directly.














            For more information, contact the EPA Wetlands Information Hotline
            at 1-800-832-7828 (contractor operated).




                                    United States                            Office of Water,                                    EPA843-F-95-001p
                                    Environmental Protection                 Office of Wetlands,                                February 1995
                                    Agency                                   Oceans and Watersheds (4502F)
                    E PA

                            Wetlands Mitigation Banking

                Mitigation banking has the potential            A wetlands mitigation bank is a                 A mitigation bank can bring
                to play a significantrole in the                wetland area that has been restored,            scientific and planning expertise
                Section 404 regulatory program by               created, enhanced, or (in exceptional           and financial resources together,
                reducing uncertainty and delays, as             circumstances) preserved, which is              thereby increasing the likelihood of
                                                                then set aside to compensate for future         success in a way not practical for
                well as improving the success of                conversions of wetlands for develop-            individual mitigation efforts.
                wetlands mitigation efforts. Land,              ment activities. A wetland bank may
                owners needing to "mitigate" or                 be created when a government agency,         Status
                compensate for authorized impacts to            a corporation, or a nonprofit organiza-
                wetlands associated with develop.               tion undertakes such activities under a
                                                                formal agreement with a regulatory           The Administration supports mitiga-
                ment activities may have the option of          agency. The value of a bank is deter-        tion banking and is currently develop-
                purchasing credits from an approved             mined by quantifying the wetland             ing interagency guidance for the
                mitigation bank rather than restoring           values restored or created in terms of       establishment and use of mitigation
                or creating wetlands on or near the             44 credits."                                 banks. Approximately 100 mitigation
                development site.                                                                            banks are in operation or are proposed
                                                                                                             for construction in 34 States across the
                                                                Benefits of Mitigation                       country, including the first private
                                                                Banking                                      entrepreneurial banks.

                                                                ï¿½ Banking can provide more cost
                                                                  effective mitigation and reduce
                                                                  uncertainty and delays for qualified
                                                                  projects, especially when the project
                                                                  is associated with a comprehensive
                                                                  planning effort.

                                                                ï¿½ Successful mitigation can be
                                                                  ensured since the wetlands can be
                                                                  functional in advance of project
                                                                  impacts.

                                                                ï¿½ Banking eliminates the temporal
                                                                  losses of wetland values that
                                                                  typically occur when mitigation is
                                                                  initiated during or after the devel-
                                                                  opment impacts occur.

                                                                ï¿½ Consolidation of numerous small,
                                                                  isolated or fragmented mitigation
                                                                  projects into a single large parcel
                                                                  may have greater ecological benefit.








                For more information, contact the EPA Wetlands Information Hotline
                at 1-800-832-7828 (contractor operated).                                            i@13




                                  United States                          Off ice of Water,                               EPA843-F-95-00lq
                                  Environmental Protection               Off ice of Wetlands,                           February 1995
                                  Agency                                 Oceans and Watersheds (4502F)
               r"O'EPA

                          Wetlands Categorization

               There has been interest over many           Issues
               years in revising the Section 404
               regulatory program to base decisions        Categorization proponents believe wetlands regulation would be improved by
               more on the relative values of wet.         focusing agency resources on protection of the most valuable wetlands. Catego-
               lands as determined in advance based        rization proponents also believe this approach could provide greater consistency
               on the type or condition of the             and predictability in the permit review process and reduce regulatory burden for
                                                           activities in lower value wetlands.
               wetland. In response, several
               approaches have been proposed to            However, there is concern that such a hierarchical approach to wetlands protec-
               classify or "categorize" wetlands           tion may result in "writing off' low value wetlands and increase the potential for
               based on their relative value, with         wetlands "takings" claims for high value wetlands (see Fact Sheet #18). Related
               commensurate levels of regulatory           concerns include the complexity of evaluating wetland functions and values and
               protection assigned to each wetland         the inadequacy of existing methods to do so. In addition, some feel that catego.
                                                           rization would lead to increased reliance on mitigation (See Fact Sheet #16).
               category.
                                                           State experience indicates that categorization programs require substantial time
                                                           and financial resources to implement.

                                                           Current Status

                                                           Wetland values are currently assessed on a case@by@case basis in the Section 404
                                                           permit review process. The level of review is commensurate with severity of the
                                                           environmental impact, requiring consideration of both the relative value of the
                                                           wetland and the impacts of the proposed activity. For many in the regulated
                                                           community, however, this approach does not provide sufficient predictability or
                                                           certainty.

                                                           In the mid- 1980s, efforts to categorize wetlands nationally were abandoned
                                                           because of scientific uncertainties. Some States, including New York, Maine,
                                                           and Vermont, have applied categorization within their wetlands protection
                                                           programs. Alternatively, some States are establishing wetland categories as they
                                                           incorporate wetlands into their water quality standards programs.

                                                           It has been found that categorization works most effectively in the context of
                                                           local or regional watershed planning initiatives where the relative value of
                                                           wetlands within the context of a particular watershed can be more accurately
                                                           assessed.
               (D

























































               For more information, contact the EPA Wetlands Information Hotline
               at 1-800-832-7828 (contractor operated).




                                      United States                              office of Water,                                     EPA843-F-95-001r
                                      Environmental Protection                   Office of Wetlands,                                  February 1995
                                      Agency                                     oceans and Watersheds (4502F)
                61" E PA

                             What About Takings?

                 The Issue: When does a government                and its effect on the property's eco-           Supreme Court ruled that the City's
                 action affecting private property                nomic value. Government actions for             requirement would be a taking if the
                                                                  the purpose of protecting public health         City did not show that there was a
                 amount to a "taking," and what are               and safety, including many types of             i4reasonable relationship" between the
                 the takings implications of wetland              actions for environmental protection,           creation of the greenway and bike path
                 regulation?                                      generally will not constitute takings.          and the impact of the development.
                                                                  The courts also took at the extent to           As compared to the facts in Dolan, the
                                                                  which the government's action                   Clean Water Act Section 404 program
                                                                  interferes with the reasonable,                 generally does not require property
                                                                  investment-backed expectations of the           owners to provide public access across
                                                                  property owner.                                 or along their property.
                 Legal Background                                 In Lucas v. South Carolina Coastal              Current Status
                                                                  Council (1992), the U.S. Supreme
                                                                  Court ruled that a State regulation
                 The concept of takings comes from the            that deprives a property owner of all           The presence of wetlands does not
                 Fifth Amendment (see box below),                 economically beneficial use of that             mean that a property owner cannot
                 which prohibits the taking of private            property can be a taking. The court             undertake any activity on the property.
                 property by the government for a                 further clarified, however, that a              In fact, wetlands regulation under
                 public use without payment of just               regulation is not a taking if it- is            Section 404 does not necessarily even
                 compensation. This fact sheet briefly            consistent with "restrictions that              result in restricting the use of a site.
                 explores the issue of takings as it              background principles of the State's            Many activities are either not regu-
                 relates to wetlands regulation.                  law of property and nuisance already            lated at all, explicitly exempted from
                                                                  placed upon ownership." As an                   regulation, or authorized under general
                 The Supreme Court and lower courts               example of "background principles,"             permits.
                 have established a body of law used to           the court referred to the right of              Moreover, in situations where indi-
                 determine when government actions                government to prevent flooding of               vidual permits are required, the
                 affecting use of private property                others' property.
                 amount to a "taking" of the property                                                             Federal agencies can work with permit
                 by the government. When private                  Dolan v. City of Tigard (1994), a more          applicants to design projects that meet
                 property is "taken" by the government,           recent Supreme Court takings case,              the requirements of the law and
                 the property owner must be fairly                involved a requirement by the City of           protect the environment and public
                 compensated.                                     Tigard in Oregon that, to prevent               safety, while accomplishing the
                                                                  flooding and traffic congestion, a              legitimate individual objectives and
                 Initially, the courts recognized takings         business owner seeking to expand                protecting the property rights of the
                 claims based on government actions               substantially onto property adjacent to         applicant. Overall, more than 95% of
                 that resulted in a physical seizure or           a floodplain create a public greenway           all projects receive Section 404
                 occupation of private property. The              and bike path from private land. The            authorization.
                 courts subsequently ruled that, in
                 certain limited circumstances, govern-
                 ment regulation affecting private                   The Fifth Amendment to tile C01IStitUtion of the
                 property also may amount to a taking.               United States of America

                 In reviewing these "regulatory" takings
                 cases, the courts generally apply a                 No person shall ... be depTived of ... property without due process of law, nor
                 0













































                 balancing test; they examine the                    shall private property be taken for public use, without just compensation.
                 character of the government's action



                 For more information, contact the EPA Wetlands Information Hotline
                 at 1-800-832-7828 (contractor operated).




                                   United States                             Off ice of Water,                                 EPA843-F-95-001 s
                                   Environmental Protection                  Office of Wetlands,                               February 1995
                                   Agency                                    Oceans and Watersheds (4502F)
              roEFA

                           Wetlands on Agricultural Lands:
                           Section 404 and Swampbuster

               Farmers who own or manage wet-                 The Federal agencies involved (EPA,           into agricultural production or
               lands are directly affected by two             the U.S. Army Corps of Engineers, the         converting an agricultural wetland to a
               important Federal programs:                    U.S. Department of Agriculture, and           non-wetland area (see Fact Sheet
               (1) Section 404 of the Clean Water             the U.S. Fish and Wildlife Service) are       *20).
                                                              actively seeking to coordinate their
               Act, which requires individuals to             activities and to clarify the relation@       Swam buster
               obtain a permit before discharging             ship between the programs. For                        . P
               dredged or flU material into waters of         example, "prior converted croplands"          Provisions
               the United States, including most              have been excluded from regulation
               wetlands, and (2) the Swampbuster              under Section 404 to be consistent            Similar to the Section 404 program, the
               provisions of the Food Security Act,           with Swampbuster-and one wetland              Swampbuster program generally allows
                                                              identification can be used for both the       the continuation of most farming practices
               which withholds certain Federal farm           Section 404 program and the                   so long as wedands are not converted or
               program benefits from farmers who              Swampbuster program.                          wetland drainage increased. However,
               convert or modify wetlands. To.                                                              certain activities such as clearing,
               gether, these two programs have                Section 404 Provisions                        draining, or otherwise converting a
               helped to reduce the rate at which                                                           wetland are activities addressed by the
                                                                                                            Swampbuster program. The program
               wetlands are converted to agriculture          Most routine ongoing farming activities do    discourages farmers from altering
               and other uses.                                not require Section 404 permits. This is      wetlands by withholding Federal farm
                                                              perhaps the most important informa.           program benefits from any person
                                                              tion for farmers regarding the Section        who--
                                                              404 program. Section 404 permitting              plants an agricultural commodity on
                                                              requirements apply only to discharges            a converted wetland that was
                                                              of dredged or fill materials in wetlands,        converted by drainage, dredging,
                                                              streams, rivers, and "other waters of            leveling, or any other means (after
                                                              the United States." In general,                  December 23, 1985)
                                                              farming activities that do not occur in
                                                              wetlands or other waters of the United           converts a wetland for the purpose
                  Check with your local Corps district        States or do not involve dredged or fill         of or to make agricultural commod-
                  office if you are unsure whether your       material do not require Section 404              ity production possible (after
                  ongoing or pLanned activities               permits.                                         November 28, 1990).
                  occurring in wedands are regulated
                  under the Section 404 program.              In addition, many normal farming,
                                                              silviculture, and ranching activities
                  Check with the Natural Resources            that involve discharges of dredged or
                  Conservation Service (formerly the          fill materials into waters of the United
                  Soil Conservation Service) before           States are exempted from Section 404;
                  clearing, draining, or manipulating         that is, they do not require a permit.
                  any wet areas on your land to make          In order to be exempt, the farming
                  sure you maintain your farm                 activity must be part of an ongoing
                  program benefits.                           farming operation and cannot be
                                                              associated with bringing a wetland





               For more information, contact the EPA Wetlands Information Hotline M
               at 1-800-832-7828 (contractor operated)@                                           Z<3





                                   United States                           Off ice of Water,                                 EPA843-F-95-001 t
                                   Environmental Protection                Office of Wetlands,                               February 1995
                                   Agency                                  Oceans and Watersheds (4502F)
              qwEPA
              0
                           Exemptions to Section 404 Permit
                           Requirements
               In general, Section 404 of the Clean          Exemptions                                    reach or impairment of flow or circulation
               Water Act requires permits for the                                                          of regulated waters, including wet-
               discharge of dredged or fill material         You do not generally need a permit            lands, the activity is not exempt. Both
               into waters of the United States,             under Section 404 if your discharges of       conditions must be met in order for
                                                             dredged or fill material are associated       the activity to be considered non,
               including wetlands. However,                  with normal farming, ranching, and            exempt. In general, any discharge of
               certain activities, detailed below, are       forestry activities such as plowing,          dredged or fill material associated with
               exempt from Permit requirements               cultivating, minor drainage, and              an activity that converts a wetland to
               under Section 404(f).                         harvesting for the production of food,        upland is not exempt, and requires a
                                                             fiber, and forest products or upland soil     Section 404 permit.
                                                             and water conservation practices.
                                                             This exemption pertains to normal             Examples
                                                             farming and harvesting activities that
                                                             are part of an established, ongoing              Activities that bring a wetland into
                                                             farming or forestry operations.                  farm production where the wetland
                                                                                                              has not previously been used for
                                                             Activities Not Exempt                            farming are not considered part of
                                                                                                              an established operation, and
                                                             If an activity involving a discharge of          therefore require a permit.
                                                             dredged or fill material represents a            Introduction of a new cultivation
                                                             new use of the wetland, and the
                                                             activity would result in a reduction i.n         technique such as discing between
                                                                                                              crop rows for weed control may be a
                                                                                                              new farming activity, but because
                                                                                                              the farm operation is ongoing, the
                           Activities Exempt under the Clean Water                                            activity is exempt from permit
                           Act, Section 404(f)                                                                requirements under Section 404.
                                                                                                              Planting different crops as part of an
                           ï¿½ Established (ongoing) farming, ranching, and forestry activites:                 established rotation, such as
                                 ï¿½  plowing                                                                   soybeans to rice, is exempt.
                                 ï¿½  seeding                                                                   Discharges associated with ongoing
                                 ï¿½  cultivating                                                               rotations of rice and crawfish
                                 ï¿½  harvesting food, fiber, and forest products                               production are also exempt.
                                 ï¿½  minor drainage
                                 ï¿½  upland soil and water conservation practices.                          To find out whether specific activities are
                           ï¿½  Maintenance (but not construction) of drainage ditches                       exempt, contact your local Corps or EPA
                           ï¿½  Construction and maintenance of irrigation ditches                           office.
                           ï¿½  Construction and maintenance of farm or stock ponds                          Ask for a free copy of "Agriculture and
                           ï¿½  Construction and maintenance of farm and forest roads, in                    Wetlands: A Compilation of
                              accordance with best management practices                                    Factsheets" when you call the EPA
                           ï¿½  Maintenance of structures, such as darns, dikes, and levees                  Wetlands Information Hotline
                                                                                                           (contractor operated).



               For more information, contact the EPA Wetlands Information Hotline
               at 1-800-832-7828 (contractor operated).





                                United States                          Off ice of Water,                               EPA843-F-95-00lu
                                Environmental Protection               office of Wetlands,                             February 1995
                                Agency                                 oceans and Watersheds (4502F)
                 E PA
             19 State, Tribal, Local, and Regional Roles
                        in Wetlands Protection

             States, Tribes, regional, and local          "Assuming" Permitting                      Regional and local participation in
             governments are becoming more                Authority                                  wettand protection can also be
             interested and active in comprehen.                                                     strengthened through comprehensive
             sive wetlands protection through the                                                    resource planning that targets specific
             authorities granted to them in               One of the ways State and Tribal           geographic areas. Examples of such
                                                          governments can strengthen their           areas are river corridors for which
             existing legislation. This fact sheet        roles in wetlands protection is to         governments and communities have
             discusses how these governments can          44 assume" permitting authority under      identified many objectives for their
             be involved in wetlands protection.          the Clean Water Act, Section 404           use. Regional and local governments
                                                          program. This means that States or         can also protect watersheds (a water,
                                                          Tribes have the authority to issue         shed is the area in which all water,
                                                          Section 404 permits. This program          sediments, and dissolved materials flow
                                                          regulates the discharge of dredged and     or drain from the land into a common
                                                          fill material in wetlands and other        body of water) and identify in advance
                                                          waters. To date, Michigan and New          suitable and unsuitable sites for
                                                          Jersey have assumed such authority,        discharges.
                                                          and several States and Tribes are
                                                          working toward this end. EPA will
                                                                                                     EPA Assistance
                                                          work with any government interested
                                                          in assuming such authority.                Available
                                                          Other Options                              EPA helps by providing information
                                                                                                     and program guidance and by sponsor-
                                                                                                     ing national forums on State program
                                                          Other options available to States and      development. Financial assistance
                                                          Tribes to strengthen their roles in        may also be available from EPA to
                                                          wetlands protection include-               pursue some of these activities through
                                                          ï¿½ undertaking comprehensive State          EPA!s State Wetlands Protection
                                                            Wetland Conservation Plans               Grants Program.
                                                          ï¿½ Obtaining State Program General
                                                            Permits from the Corps for dis-          All levels of government must work
                                                            charges of dredged and fill material     together to determine ho* to best
                                                            in wetlands                              protect wetland resources and what
                                                          ï¿½ developing wetland water quality         the appropriate roles and programs are
                                                            standards                                for each type of government. EPA
                                                          ï¿½ applying the Clean Water Act             supports the strengthening of State,
                                                            Section 401 Water Quality Certifi-       Tribal, and local roles in wetlands
                                                            cation program more specifically to      protection.
                                                            wetlands
                                                          ï¿½ incorporating wetlands protection
                                                            into other State and Tribal water
                                                            programs.







             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated).





                                   United States                          Off ice of Water,                               EPA843-F-95-001 v
                                   Environmental Protection               Office of Wetlands,                             February 1995
                                   Agency                                 Oceans and Watersheds (4502F)
                    E PA

                            State Wetlands Grants Program

                 Since 1990, a Federal grant program         Current Program                            Grant funds can only be used to
                 has supported State and Tribal efforts                                                 enhance existing and develop new
                 to protect wetlands by providing            The State Wetlands Protection Grant        wetlands protection programs. Grants
                 funds to enhance existing programs or       Program was initiated in FY90 with $1      cannot be used for operational support
                                                             million appropriated. In FY95              of State wetlands protection programs.
                 develop new programs. This grant            Congress appropriated $15 million to       Lack of funds for operational support
                 program provides an important               support the grant program. State           will likely continue to be a serious
                 opportunity for States and Tribes,          interest in the grant program contin-      impediment to State involvement in
                 who have been interested and                ues to grow.                               wetlands protection.
                 involved in wetlands protection for a
                 long time, but who have been                *  States usually request more than        Examples
                 hampered by a lack of funds.                   double the amount of grant funds
                                                                available each year.                    The grants program is currently
                                                             ï¿½  Each State has received at least one    supporting-
                                                                grant to develop or enhance                development of State Wetland
                                                                wetlands protection programs.              Conservation Plans for States and
                                                             ï¿½  In FY94, 101 grants were awarded           Tribes (see Fact Sheet *27)
                                                                from the 166 applications received.        Watershed Protection Approach
                                                                                                           Demonstration Projects on State/
                                                                                                           Tribal lands

                                                                                                           development of wetland water quality
                      Wetlands Grants Program                       Applications        E] Awards          standards in States and Tribes (see
                 175                                                                                       Fact Sheet #24)
                 150                                                                                       incorporation of wetlands into
                                                                                                           Section 401 Water Quality Certifica@
                 125                                                                                       tion programs in States and Tribes
                 100                                                                                       (see Fact Sheet #24).
                   75                                                                                   For more information
                                                                                                        about the Grant
                   50                                                                                   Program

                   25                                                                                   Contact your EPA Regional Wetland
                    0       "1              NONE                            1     0                     Coordinator. Note that only State
                                                                                                        agencies and Tribes are eligible to
                           1990            1991             1992           1993            1994         apply.







                 For more information, contact the EPA Wetlands Information Hotline             M_
                 at 1-800-832-7828 (contractor operated).




                                     United States                              Off ice of Water,                                   EPA843-F-95-001 w
                                     Environmental Protection                   Office of Wetlands,                                 February 1995
                                     Agency                                     Oceans and Watersheds (4502F)
                r"WhEPA

                             State or Tribal Assumption of the
                            Section 404 Permit Program

                The Clean Water Act provides States              proposed activities and are often more         wetlands regulatory program, this
                and Tribes the option of assuming                familiar with local resources, issues,         process can require the passage of new
                administration of the Federal Section            and needs than are Federal regulators.         legislation. To be eligible to assume
                404 permit program in certain waters             By formally assuming administration of         the Federal program, State or Tribal
                                                                 the Federal regulatory program, States         programs must-
                within State or Tribal jurisdiction.             or Tribes can eliminate unnecessary            *  have an equivalent scope of
                This fact sheet describes reasons why            duplication between programs. If                  jurisdiction as the Federal program
                States and Tribes might assume                   States or Tribes assume program                *  regulate at least the same activities
                administration of the Section 404                administration, Section 404 permit                as the Federal program
                program from the Federal govern.                 applicants would need only a State or          0  provide for sufficient public
                ment, which waters could be admin.               Tribal permit for dredged or fill                 participation
                                                                 material discharges in certain waters.         *  ensure compliance with the Section
                istered by States or Tribes under this                                                             404(b)(1) guidelines, which provide
                program, and the process for assum.              Which Waters Can                                  environmental criteria for permit
                ing administration of these waters.                                                                decisions
                                                                 States/Tribes                                  *  have adequate enforcement
                                                                 Administer under the                              authority.
                                                                 Section 404 Program?                           What Happens After
                                                                 States and Tribes can assume the               States or Tribes Assume
                                                                 Federal Section 404 program only in            the Program?
                                                                 certain "non-navigable" waters. The
                                                                 U.S. Army Corps of Engineers retains           When States or Tribes assume admin.
                                                                 jurisdiction in-                               istration of the Section 404 program,
                                                                 * tidal waters and their adjacent              the Corps no longer processes Section
                                                                   wetlands                                     404 permits in waters under State or
                                                                 * navigable waters and their adjacent          Tribal jurisdiction. The State or Tribe
                                                                   wetlands.                                    assumes responsibility for the program,
                                                                                                                determines what areas and activities
                                                                 The Corps continues to regulate                are regulated, processes individual
                                                                 navigable waters under Section 10 of           permits for specific proposed activities,
                                                                 the Rivers and Harbors Act of 1899.            and carries out enforcement activities.
                                                                                                                EPA reviews the program annually to
                Why Assume                                       How to Assume the                              ensure the State or Tribe is operating
                Administration of the                            Section 404 Program                            its program in compliance with
                Section 404 Program?                                                                            requirements of the law and regula@
                                                                                                                tions. In addition, for some activities,
                                                                 To assume the Section 404 program,             which generally include larger dis-
                More than a dozen States already are             States or Tribes need to develop a             charges with serious impacts, EPA and
                currently administering aquatic                  wetlands permit program similar to the         other Federal agencies review the
                resources/wetlands protection pro.               Federal program and submit to the              permit application and provide
                grams similar to the Federal Section             EPA an application to assume the               comments to the State or Tribe; the
                404 program. This makes sense                    program. (See the box on page 2 for            State or Tribe cannot issue a permit
                because State and Tribal regulators are,         details on this process.) Even for             over EPA's objection.
                in many cases, located closer to the             States or Tribes with an existing


                For more information, contact the EPA Wetlands Information Hotline
                at 1-800-832-7828 (contractor operated),






              Status of State/Tribal
              Section 404 Program
              Assumption

              To date, two States, Michigan and
              New Jersey, have assumed administra-                   State or Tribal 40.4 Assumption Process
              tion of the Federal permit program.
              Other States and some Tribes are
              working toward or investigating the                              State or Tribe submits complete
              possibility of assuming the permit                                      assumption application
              program. Reasons States have ex.
              pressed for not more actively pursuing          The Governor of the State or Equivalent Tribal entity* submits to EPA a full and
              assumption of the program include               complete description of the program it proposes to establish and administer under
              lack of funding, limit of program               State law or an interstate compact. The State must also submit a statement from the
              administration to "non-navigable                State Attorney General certifying that the State laws provide adequate authority to
              -waters," concerns regarding Federal            carry out the described program.
              requirements and oversight, availabil-
              ity of alternative mechanisms for
              State/Tribal wetlands protection, and                                  EPA reviews application
              the controversial nature of regulation
              of wetlands and other aquatic re-               EPA is responsible for reviewing and approving/denying a State or Tribe's request to
              sources.                                        assume the Federal permit program within 120 days of receipt of the completed
                                                              application.
              For More Information                                                                  -1W
              If your State or Tribe is interested in             Distribution of application for public comment
              assuming administration of the Federal
              Section 404 permit program, contact             EPA distributes application for State or Tribal assumption to other Federal agencies
              the EPA Regional Office in your area.           (Corps, U.S. Fish and Wildlife Service, and the National Marine Fisheries Service).
              Call the EPA Wetlands Information
              Hotline (contractor operated) to                                                      _4W
              determine the appropriate EPA
              contact. EPA also can provide techni@                                          Public hearing
              cat assistance (and may also be able to         EPA also makes the State/Tribal application available for public review and com-
              provide some financial assistance               ment and holds public hearing(s) in the State.
              through the State Wetlands Grants
              Program) to help States and Tribes                                                    Aw
              develop the authority, capability, and
              documentation needed to assume the                                              EPA decision
              Federal permit program.
                                                              After reviewing the State or Tribal application and considering anyFederal agency
              Publications of Interest                        and public comments, EPA makes a decision on the requirements to assume the
              ï¿½ Clean Water Act, Section 404                  Federal permit program. ERNs decision is based on whether the State or Tribe meets
                Program Definition and Permit                 the applicable statutory and regulatory requirements for an approvable program.
                Exemptions; Section 404 State                                                                               Aw
                Program Regulations, June 6, 1988,
                Federal Register, 40 CFR Parts 232              Assumption approved                             ASSLiniption denied
                and 233.


              ï¿½ Clean Water Act, Section 404                  NOTE: Tribes are eligible to apply to assume the Federal permit program after they have met
                Tribal Regulations, February 11             requirements for "treatment as a state." See the February 11, 1993, Federal Register notice.
                1993, Federal Register, 40 CFR Parts        (See Publications of Interest for details.)
                232 and 233.



              For more information, contact the EPA Wetlands Information Hotline
              at 1-800-832-7828 (contractor operated).




                                 United States                           Office of Water,                                EPA843-F-95-00lx
                                 Environmental Protection                Office of Wetlands,                             February 1995
                                 Agency                                  Oceans and Watersheds (4502F)
             aEPA

                          Section 401                          Certification and Wetlands

              This fact sheet describes State and          State/Tribal Authority                      EPA Assistance to
              eligible Tribal authority under              under Section 401                           States
              Section 401 of the Clean Water Act
              (CWA). It also discusses how EPA             Under Section 401, States and Tribes        In 1988, the National Wetlands Policy
              can assist States and Tribes in taking       can review and approve, condition, or       Forum recommended that States
              more active roles in making wetland          deny all Federal permits or licenses that   "make more aggressive use of their
              decisions and how States and Tribes          might result in a discharge to State or     certification authorities under Section
              can use their water quality standards        Tribal waters, including wetlands. The      401 of the CWA to protect their
                                                           major Federal licenses and permits          wetlands from chemical and other
              in Section 401 certiftcations to             subject to Section 401 are Section 402      types of alterations." In response, in
              protect wetlands.                            and 404 permits (in non@delegated           1989, EPA issued guidance to States
                                                           States), Federal Energy Regulatory          on applying Section 401 certification
                                                           Commission (FERC) hydropower                to protect wetlands. A year later, EPA
                                                           licenses, and Rivers and Harbors Act        issued guidance on developing water
                                                           Section 9 and 10 permits. States and        quality standards specifically for
                                                           Tribes may choose to waive their            wetlands. Wetland water quality
                                                           Section 401 certification authority.        standards are important because they
                                                                                                       are the primary toot used in water
                                                           States and Tribes make their decisions      quality certification decisions. (See the
                                                           to deny, certify, or condition permits or   box on page 2 for details.) Twenty
                                                           licenses primarily by ensuring the          States and Tribes have been awarded
                                                           activity will comply with State water       State Wetlands Protection Grants to
                                                           quality standards. In addition, States      support use of Section 401 Certifica@
                                                           and Tribes took at whether the activity     tion to protect wetlands.
                                                           will violate effluent limitations, new
                                                           source performance standards, toxic
                                                           pollutants, and other water resource
                                                           requirements of State/Tribal law or
                                                           regulation.


                                                              Does Section 401 certification add another layer ()f
                                                                               hUreaLicracy or caLlse delays?

                                                              It shouldn't. Instead, Section 401 certification allows States to take a more
                                                              active role in wetland decisions. In most cases, Section 401 certification
                                                              review is conducted at the same time as the Federal agency review. Many
                                                              States have established joint permit processing to ensure this occurs. In
                                                              addition, the Section 401 review allows for better consideration of
                                                              State@specific concerns.







              For more information, contact the EPA Wetlands Information Hotline
              at 1-800-832-7828 (contractor operated).                                        qJ3






             Status of State Actions

             Over the past several years, States
             have made progress in applying                   How can.water (JUality standards protect wetlands?
             Section 401 certification to wetlands.
             Some States rely on Section 401
             certification as their primary mecha@           Water quality standards have three primary components: designated uses,
             nism to protect wetlands in the State.          criteria to protect those uses, and an antidegradation policy. States desig@
             In addition, most States denied or              nate uses based on the functions and values of their wetlands. At a mini-
             conditioned Section 401 certification           mum, these uses must meet the CWA goals to protect and propagate fish,
             for some Section 404 nationwide                 shellfish, and wildlife, and for recreation in and on the water. States may
             permits general permits to reduce               also designate uses associated with unique functions and values of wetlands
             certain problematic losses in their             such as floodwater storage and ground-water recharge.
             States. In particular, many States
             denied certification of nationwide              States also adopt criteria to protect those uses. Criteria can be general
             permit 26 because they believe that             narrative statements such as "maintain natural hydrologic conditions,
             individual review of projects in                including hydroperiod, hydrodynamics, and natural water temperature
             isolated and headwater wetlands is              variations necessary to support vegetation which would be present natu-
             critical to achieving CWA goals in              rally." Criteria may also include specific numeric values, such as a dissolved
             their States.                                   oxygen concentration of 5.0 mg/l.

             EPA asked States to develop or                  State antidegradation policies include provisions for full protection of
             improve their wetland water quality             existing uses (functions), maintenance of water quality of high-quality
             standards by the end of September               waters, and a prohibition against lowering water quality in outstanding
             1993. Wisconsin is now using its                resource waters. In addition, a State's antidegradation policy addresses fill
             wetlands standards in Section 401               activities in wetlands by ensuring no significant degradation occurs as a
             certification decisions on wetlands.            result of the fill activity.
             Other States are using their Section
             401 authority to condition some of the          Narrative criteria in conjunction with antidegradation policies can provide
             more than 300 dams that are coming              the basis for addressing hydrologic and physical impacts to wetlands (not
             up for relicensing by FERC. Section             discerned through numeric criteria) caused by nonpoint source! pollution,
             401 certification allows States to              storm water discharges, ground@water pumping, filling, and other sources of
             address associated chemical, physical,          wetland degradation. When combined with a strong implemeritation
             and biological impacts such as low              policy, wetland water quality standards can provide the basis for such tools
             dissolved oxygen levels, turbidity,             as best management practices, monitoring programs, and mitigation plans,
             inundation of habitat, stream volumes           as well as serve as the primary basis for Section 401 certification decisions.
             and fluctuations, filling of habitat,
             impacts on fish migration, and loss of
             aquatic species as a result of habitat
             alterations.


             For more information, contact the
             EPA Wetlands Information Hotline
             (contractor operated) for copies of the
             following:
             ï¿½ Wetlands and 401 Certification,
               1989
             ï¿½ Water Quality Standards for
               Wetlands, 1990
             ï¿½ Statement of Martha 0. Prothro,
               May 1992
             ï¿½ PUD No. I of Jefferson County and
               City of Tacoma, petitioner v. Wash-
               ington Department of Ecology et al.,
               114 S. Ct. 1900 (1994).



             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated).

                                                      A




                                   United States                              Off ice of Water,                                   EPA843-F-95-001 y
                                   Environmental Protection                   Office of Wetlands,                                 February 1995
                                   Agency                                     oceans and Watersheds (4502F)
              roEPA

                           Wetlands and Runoff


              Since wetlands are typically the                 Runoff (sometimes called "stormwater"          loadings (e.g., heavy metals), and
              lowest area on the landscape, they               or "nonpoint source pollution") is             replacement of complex wetland
              often receive runoff ftorn surrounding           caused by rainfall or snow melt moving         systems with less desired open water.
                                                               over and through the ground. Runoff            Modifications of wetlands associated
              land. Several of the key progranu                carries natural and manmade pollut@            with some runoff management
              that address such pollution are                  ants into low areas such as wetlands,          practices have resulted in significant
              discussed in this fact sheet.                    takes, streams, and eventually into            impacts to wetlands. Some impacts
                                                               ground water. In addition, atmo-               have been particularly tragic, such as
                                                               spheric deposition and hydrological            in Kesterson and Stillwater Wildlife
                                                               modifications can contribute pollut.           Refuges, where untreated, contami-
                                                               ants to runoff as well as directly into        nated runoff resulted in mortality and
                                                               surface water. The quality of U.S.             deformities of wildlife populations,
                                                               wetlands and other water resources is          particularly fish and migratory birds.
                                                               related to the quality of the environ,
                                                               ment contributing to these waters.             Current Status
                                                               However, programs have historically
                                                               focused on single goals or small sets of       EPA has developed technical informa.
                                                               goals. These program have succeeded
                                                               in identifying and controlling, to some        tion that landowners can use to
                                                               degree, the larger point sources of            protect the many functions of wet.
                                                               pollution. EPA has expanded its focus          lands, including water quality im-
                                                               to use an approach that addresses the          provement. An issue paper
                                                               interconnections between water                 highlighting the impacts of stormwater
                                                               resources and the land, air, and water         on wetlands, entitled Natural Wetlands
                                                               environment surrounding the                    and Urban Stormwater: Potential
                                                               resources.                                     Impacts and Management, is available
                                                                                                              through the EPA Wetlands Informa@
                                                                                                              tion Hotline (contractor operated).
                                                               Untreated Runoff                               Other information that can be
                                                               Impacts to Wetlands                            obtained includes a guide describing
                                                                                                              best management practices to pretreat
                                                               Untreated runoff from agricultural             stormwater runoff before it enters a
                                                               land, urban areas, and other sources is        natural wetland (in press). Additional
                                                               a leading cause of water quality               materials on wetlands protection and
                                                               impairment. Siltation; pollutants;             restoration for nonpoint source
                                                               excess nutrients; and changes to water         benefits will be developed to assist in
                                                               flows, such as more frequent inunda.           implementation of the wetlands and
                                                               tion, and increased turbidity, are             riparian areas chapter in the CZARA
                                                               responsible for most of the impacts to         Management Measures Guidance (see
                                                               wetlands from runoff.                          box on page 2). EPA will continue to
                                                                                                              work to address potential opportunities
                                                               Impacts to wetlands have resulted in           and conflicts regarding wetlands and
                                                               consequences such as changed species           programs addressing runoff.
                                                               composition, increased pollutant





              For more information, contact the EPA Wetlands information Hotline
              at 1-800-832-7828 (contractor operated).







            To Use or Not To Use
            Wetlands for
            Treatment?

            Because wetlands have a natural water
            quality improvement function, there             EPA Programs that Address Runoff
            has been a tremendous amount of
            interest in using wetlands to treat             Clean Water Act Section 402(p)
            runoff from urban areas, agricultural
            lands, and other pollutant sources.             Section 402(p) requires stormwater permits for four major classes of
            However, the critical question is,
            "What can wetlands safely handle before         stormwater discharges: (1) discharges for which a permit has been issued
            they are contaminated or their functions        under Section 402 before the date of the enactment of this subsection;
            degraded?" There are significant                (2) discharges associated with industrial activity; (3) discharges from a
                                                            municipal separate stormwater sewer system serving an incorporated or
            opportunities to protect and restore            unincorporated, urbanized population greater than 100,000; and (4)
            wetlands and riparian areas as one part         discharges that contribute to a violation of a water quality standard or are
            of programs addressing runoff. While            significant contributors of pollutants to waters of the United States. This
            wetlands do provide valuable water              program has issued guidance for preparation of permit applications for
            quality protection for downstream               regulated municipal and industrial stormwater discharges. In addition, it
            rivers, takes, and estuaries, the quality       stresses the use of best management practices (BMPs) to minirnize or
            of the wetlands, as waters of the               eliminate the contribution of pollutants to stormwater discharges to waters
            United States, should also be                   of the United States, including wetlands.
            protected.
            Decisions that might route runoff into          Clean Water Act Section 319
            wetlands, either inadvertently or by
            design, should be carefully evaluated,          Section 319 established a national program to control nonpoint sources of
            and adequate wetlands protection                pollution. The program stresses a watershed-based approach to nonpoint
            should be provided, including avoid-            source management which can include protection or restoration of wetlands
            ance of the wetlands, use of best               and riparian areas to reduce nonpoint source pollution. EPA has funded a
            management practices 03MPs), and                number of these projects under Section 319(h).
            monitoring to observe how well the
            BMPs work.                                      Coastal Zone Act Reauthorization Amendments of
            For additional information regarding            1990 (CZARA)
            the Section 319 program or the                  Under Section 6217 of CZARA, EPA and the National Oceanic Atmo,
            CZARA guidance, contact the EPA                 spheric Administration (NOAA) have developed guidance specifying
            Nonpoint Source Control Branch at               management measures for nonpoint source pollution affecting coastal
            (202) 260-7100.                                 waters. Included in the guidance (released in January 1993) is a chapter on
            For additional information about the            protection and restoration of wetlands and riparian areas, and use of
            Section 402 stormwater program,                 vegetated treatment systems for nonpoint source control. Coastal States are
            contract the Stormwater Hotline at              now developing programs to implement the management measures in
            (703) 821-4823.                                 coastal areas.











            For more information, contact the EPA Wetlands Information Hotline
            at 1-800-832-7828 (contractor operated).





                                    United States                            Office of Water,                                   EPA843-F-95-001 z
                                    Environmental Protection                 office of Wetlands,                                February 1995
                                    Agency                                   oceans and Watersheds (4502F)
                    E PA
               J9 Wetlands and Watersheds

               Wetlands are important elements of a            Why Use an Integrated                         How Does EPA
               watershed because they serve as the             Approach?                                     Encourage an
               link between land and water re-                                                               Integrated Approach?
               sources. Wetlands protection                    The quality of the Nation's wetlands
               programs are most effective when                and other water resources is directly         EPA!s Office of Water is actively
               coordinated with other surface and              linked to the quality of the environ-         pursuing a Watershed Protection
               ground-water protection programs                ment surrounding these waters.                Approach within EPA and with other
               and with other resource management              However, resource protection pro-             agencies. EPA!s Wetlands Division
                                                               grams have historically focused on            incorporates a watershed approach in
               programs, such as flood control,                single goals or a small set of goals.         much of its work with other agencies,
               water supply, protection of fish and            These programs have succeeded in              States, and organizations. Current
               wildlife, recreation, control of                identifying and controlling, to some          activities include the following:
               stormwater, and nonpoint source                 degree, the larger point sources of           *  developing guidance linking
               pollution. This fact sheet discusses            pollution. Now it's time to use an               wetlands protection programs to
               the  "why" and "how" of integrating             approach that addresses the intercon.            watershed planning efforts
                                                               nections between water resources and
               these programs.                                 the land, air, and water environment          *  funding State watershed projects
                                                               surrounding the resources.                       through State Wetland Protection
                                                                                                                Grants
                                                                 What's a Watershe.d?                        9  integrating a watershed approach
                                                                                                                into Federal floodplain management
                                                                 A watershed, also called a drainage            activities
                                                                 basin, is the area in which all
                                                                 water, sediments, and dissolved             0  supporting a series of national and
                                                                 materials flow or drain from the               regional meetings on wetlands and
                                                                 land into a common river, lake,                regional watershed planning.
                                                                 ocean, or other body of water.



                                                               A watershed-based approach to water
                                                               and wetlands protection considers the
                                                               whole system, including other resource
                                                               management programs that address
                                                               land, air, and water, to successfully
                                                               manage problems for a given aquatic
                                                               resource.
                                                                                                             W A T E R S H E D
                                                               The watershed approach thus includes
                                                               not only the water resource, but also
                                                               the surrounding land from which the
                                                               water drains. This area can be as large                -----PROTECTION
                                                               as the Mississippi River drainage basin
                                                               or as small as a back yard.                      An Integrated, HollstIc Approach



               For more information, contact the EPA Wetlands information Hotline
               at 1-800-832-7828 (contractor operated).





                                    United States                              Office of Water,                                    EPA843-F-95-001 aa
                                    Environmental Protection                   Office of Wetlands,                                 February 1995
                                    Agency                                     Oceans and Watersheds (4502F)
              roEFA
               Is What is a State Wetland Conservation
                            Plan?

               A tool that States, Territories, and             Advantages                                      0  Tennessee's plan focuses on a
               Tribes are using to protect wetlands                                                                strategy to collect wetland informa@
               is the State Wetland Conservation                A large number of land@ and water.                 tion for outreach and education to
               Plan (SWCP). A State Wetland                     based activities impact wetlands.                  private owners of wetlands as well
                                                                These activities are not addressed by              as to regional and local decision-
               Conservation Plan is not meant to                any single Federal, State or local                 makers. Current implementation
               create a new level of bureaucracy.               agency program. While many public                  efforts include identification of
               Instead, it improves government and              and private programs and activities                critical functions of major wetland
               private sector effectiveness and                 protect wetlands, these programs are               types, priority sites for acquisition
               efficiency by identifying gaps in                often limited in scope and not well                and/or restoration, as well as
                                                                coordinated. Neither do these                      maintenance and restoration of
               wetland protection programs and                  programs address all of the problems               natural floodplain hydrology
               finding opportunities to make wet-               affecting wetlands.                                through digitization and use of
               lands programs work even better.                                                                    remote sensing.
                                                                States, Territories, and Tribes are well           Maine's SWCP will focus on ways
                                                                positioned between Federal and local               to establish better coordination
                                                                government to take the lead in                     between State and Federal regula@
                                                                integrating and expanding wetland
                                                                protection and management programs.                tory programs, as well as new non-
                                                                They are experienced in managing                   regulatory mechanisms to foster
                                                                Federally mandated environmental                   voluntary stewardship. In addition,
                                                                programs under the Clean Water Act                 the State expects to use an ecosys,
                                                                and the Coastal Zone Management                    tern framework to guide the
                                                                Art. They are uniquely equipped to                 prioritization of wetlands for
                                                                help resolve local and regional                    comprehensive protection, and
                                                                conflicts and identify the local                   review and improve compensatory
                                                                economic and geographic factors that               mitigation policies.
                                                                may influence wetlands protection.
                                                                What are States doing?                             FOR MORE
                                                                                                                   INFORMATION:
                                                                0  Texas' SWCP will focus upon non-                  See the Statewide Wetlands
                 State Wetland Conservation Plan are               regulatory and voluntary approaches               Strategies guidebook, which is
                 strategies for States to achieve no net           to wetland protection to comple-                  available from Island Press
                 loss and other wetland management                 ment its regulatory program. The                  (1-800-828-1302).
                                                                   plan will encourage development of
                 goals by integrating both regulatory and          economic incentives for private                   Ask for copies of the SWCP
                 nonregulatory approaches to protecting            landowners to protect wetlands and                brochure "Why Develop a State
                                                                   educational outreach for State and                Wetland Conservation Plan?"
                 wetlands.                                         local officials.                                  from the EPA Wetlands Infor-
                                                                                                                     mation Hotline (contractor
                                                                                                                     operated).





               For more information, contact the EPA Wetlands Information Hotline 4M
               at 1-800-832-7828 (contractor operated).                                              1@3 6




                                  United States                             Office of Water,                                    EPA843-F-95-001 bb
                                   Environmental Protection                 Office of Wetlands,                                 February 1995
                                  Agency                                    Oceans and Watersheds (4502F)
                  E PA

                          Advance Identification (ADID)

              This fact sheet describes the advance           How the ADID Process Works
              identification of disposal areas
              (ADID), a planning process used to              The ADID process involves collecting and distributing information on the
              identify wetlands and other waters              values and functions of wetland areas. EPA conducts the process in cooperation
              that are generally suitable or unsuit.          with the U.S. Army Corps of Engineers and in consultation with States or
              able for the discharge of dredged and           Tribes. Local communities can use this information to help them better under-
                                                              stand the values and functions of wetlands in their areas. It also serves as a
              fill nwterial. It highlights how the            preliminary indication of factors likely to be considered during review of a
              ADID process works and the status               Section 404 permit application.
              of ongoing projects.
                                                              The ADID process is intended to add predictability to the wetlands permitting
                                                              process as well as better account for the impacts of losses from multiple projects
                                                              within a geographic area.

                                                              Although an ADID study generally classifies wetland areas as suitable or unsuit-
                                                              able for the discharge of dredged or fill material, the classification does not
                                                              constitute either a permit approval or denial and should be used only as a guide
                                                              by community planners, landowners, and project proponents in planning future
                                                              activities. The classification is strictly advisory.

                                                              Status of ADID Projects

                                                              As of February 1993, 38 ADID projects had been completed and 33 were
                                                              ongoing. The projects ranged in size from less than 100 acres to more than 4,000
                                                              square miles and are located from Alaska to Florida, as. shown in the map on
                                                              page 2. ADID projects can be resource- intensive activities, although some have
                                                              been completed in as little as six months.

                                                              Regional EPA experience indicates that the smaller or more local the ADID
                                                              project boundaries, the more complete and effective the analysis and results. For
                CASE STUDY. In the West Eugene,               example, ADID projects have been initiated by local entities to facilitate
                Oregon, Wetlands Special Area Study,          planning efforts such as the one described in the Case Study for West Eugene,
                                                              Oregon (see sidebar). These local efforts have proven to be one of the more
                local ADID efforts Led to a Section           successful ways of generating support for wetlands protection. Local cooperation
                404 general permit - Because the              and support are vital to the success of ADID projects.
                ADID was incorporated into the City
                of Eugene's general comprehensive             The number of ADID projects has increased over time, and EPA expects more
                plan, and because Oregon land-use             States, Tribes, localities, and private organizations to become involved in
                policies have the effect of local Landuse     providing funds and otherwise supporting ADID or other comprehensive
                law, the ADID effort streamlined the          planning efforts. Because ADID efforts are usually based on watershed planning,
                regulatory proce .ss.                         they are extremely compatible with geographic and ecosystem initiatives such as
                                                              EPA!s Watershed Protection Approach.







              For more information, contact the EPA Wetlands Information Hotline
              at 1-800-832-7828 (contractor operated).






            Status of EPA Wetlands Advance Identification
            Projects - 1993                                                                  0 Projects Ongoing
                                                                                             0 Projects Complete


                                     0



                                                00          0        0                        0       00       0
                                                          0
                                                      00
                                                                                                              0
                                                                                  0     0    0
                                                                            40                      0





                                           *700





            U.S. EPA, Office of Water,Office of Wetlands, Oceans, and Watersheds




























            For more information, contact the EPA Wetlands Information Hotline
            at 1-800-832-7828 (contractor operated).




                                    United States                             Off ice of Water,                                   EPA843-F-95-001cc
                                    Environmental Protection                  Office of Wetlands,                                 February 1995
                                    Agency                                    Oceans and Watersheds (4SO2F)
                    E PA

                            EPA!s Outreach Efforts

               EPA!s Wetlands Division uses various Outreach activities include the                           Audubon's America
               tools to protect wetlands effectively.          following:
               One of the primary tools is outreach.              creating partnerships with member'          EPA supports this program to protect,
               The goal of outreach efforts is to                 of the agricultural community,              conserve, restore, enhance, and
                                                                  private landowners, State and local         interpret the natural and cultural
               increase long-term wetlands conser-                governments, and other Federal              resource values of the land and water
               vation and management. This goal                   agencies                                    areas where John James Audubon
               can be accomplished by enhancing                   educating the public, both children         lived, traveled, wrote, painted, and
               public understanding of the value of               and adults                                  observed. This will be accomplished
               wetlands and supporting innovative                 providing technical assistance to           by recognizing and establishing a
               programs that encourage private,                   State and local governments as well         system of connected public and
                                                                  as private and nonprofit organiza-          privately owned natural areas in the
               State, and local actions to conserve               tions.                                      midwestern and eastern United States.
               wetlands. The Wetlands Division
               and EPA!s Regional Offices are                  EPKs Wetlands                                  Workshops and
               actively involved in outreach initia.           Information Hotline
               tives as outlined in this fact sheet.           (1-800-832-7828)                               Conferences
                                                                                                              EPA sponsors a variety of forums
                                                               A toll4ree telephone service, operated         encouraging informed discussion of
                                                               by a contractor to EPA, responds to            wetlands issues, including State
                                                               public interest, questions, and requests       programs, wetlands and watershed
                                                               for information about wetlands. From           management, categorization, mitiga-
                                                               March 1993 to March 1994, the                  tion, altered wetlands, and education.
                                                               Hotline received and responded to
                                                               9,980 calls, or about 832 per month.           Publications

                                                                                                              These include brochures and fact
                                                                                                              sheets for the public; teachers and
                                                                                                              students; landowners and farmers
                                                                                    -A                        affected by the permitting process;
                                                                                                              State, Tribal, and local governments;
                                                                                                              and organizations interested in
                                                               American Wetlands                              environmental issues. To date, much
                                                                                                              of the information has been provided
                                                               Month                                          in hard copy. Soon this information
                                                                                                              may be available on Internet.
                                                               Across the country each May, Federal
                                                               agencies, State and local governments,
                                                               and private and nonprofit organiza-
                                                               tions come together voluntarily to
                                                               increase public awareness of the values
                                                               and productivity of wetlands; encour.
                                                               age people to enjoy these resources;
                                                               and to protect, recognize, enhance,
                                                               commemorate, and restore wetlands.
                                                                        @@i
















               For more information, contact the EPA Wetlands Information Hotline 4M
               at 1-800-832-7828 (contractor operated).





                                   United States                              Off ice of Water,                                    EPA843-F-95-00idd
                                   Environmental Protection                   Office of Wetlands,                                 February 1995
                                   Agency                                     Oceans and Watersheds (4502F)
                   E PA

                           Partnerships with Landowners

              All ethics so far evolved rest upon a            An increasingly popular way to                 Landowner Assistance
              single premise: that the individual is           strengthen wetlands protection is to           Available
              a member of a community of interde-              foster innovative public/private
                                                               partnerships and promote landowner
              pendent parts. His instincts prompt              participation in voluntary stewardship         Private landowner assistance and
              him to compete for his place in the              of wetlands. This fact sheet discusses         partnership programs among govern,
              community, but his ethics prompt                 ways the EPA is encouraging partner-           ment, nonprofit, and private groups
              him also to cooperate (perhaps in                ships with landowners.                         are areas of growing national interest.
              order that there may be a place to                                                              The potential for voluntary programs
                                                                                                              to protect wetland resources is being
              compete for) - The land ethic simply             Why Should                                     recognized by Federal, State, and local
              enlarges the boundaries of the                   Landowners              Be                     governments. EPA has actively
              community to include soils, waters,              Interested in Wetlands                         promoted landowner assistance and
              plants, animals, or collectively, the            Protection?                                    partnership programs through such
              land.                                                                                           activities as
              -Aldo Leopold, A Sand County                                                                    0 American Wetlands Month
              Almanac                                          Wetlands conservation has positive,            0 Audubon's America
                                                               long-term impacts on the environ-              0 the EPA Wetlands Information
                                                               ment, commerce, and quality of life.              Hotline (contractor operated).
                                                               In contrast, continued wetland loss has
                                                               negative impacts on water quality,             EPA also helped develop a pilot
                                                               biodiversity, the economy, and human           project promoting voluntary wetlands
                                                               health and safety.                             programs in the State of Maryland. A
                                                                                                              report that came out of that project,
                                                               Approximately 75% of the remaining             Private Landowner's Wetlands Assistance
                                                               wetlands in the lower 48 States are            Guide: Voluntary Options for Wetlands
                                                               privately owned. Recently, much of             Stewardship in Maryland, is available by
                                                               the national focus on wetlands                 calling the EPA Wetlands Information
                                                               protection has been on regulatory              Hotline (contractor operated).
                                                               programs. However, regulatory
                                                               programs only provide partial protec.
                                                               tion. In contrast, numerous voluntary          Upcoming Programs
                                                               programs in the public and private
                                                               sectors provide educational, technical,        Other States have indicated a strong
                                                               and financial assistance to private            interest in initiating a program similar
                                                               landowners in protecting wetlands.             to the Maryland program, including
                                                                                                              California, Arizona, and Oregon.














              For more information, contact the EPA Wetlands Information Hotline                     M
              at 1-800-832-7828 (contractor operated).                                              Z@@





                                 United States                           Office of Water,                                  EPA843-F-95-00lee
                                 Environmental Protection                Office of Wetlands,                              February 1995
                                 Agency                                  Oceans and Watersheds (4502F)
                  E PA
                         Wetland Acq@isition and Restoration:
                         Funding                   and echnical Assistance

             Seventy-four percent of the remaining          Many Federal, State, and local programs as well as private and nonprofit organiza-
             wetlands in the contiguous United              tions offer cost-sharing, technical, and often direct payment assistance to private
             States are located on private property.        landowners to protect, restore, and create wetlands. Much of the information and
             As stewards of the land, private               funding involves agricultural-related activities in wetlands; however, ample
                                                            resources also exist for landowners who engage in other activities. Options for
             property owners have a tremendous              private landowners include land banks, transferrable development rights, deed
             opportunity to safeguard the Nation's          restrictions, easements to conservation organ izations-all of which can provide
             wetlands resources through wise                tax breaks-and leases of rights to hunt, fish, harvest timber, and trap fur-bearing
             land-use decisions.                            animals on the property.

                                                            The EPA Wetlands Information Hotline (contractor operated) can provide you
                                                            with more information about the agencies and program requirements discussed in
                                                            this fact sheet, as well as publications and regional contacts in your area. In
                                                            addition, your local Natural Resources Conservation Service (formerly the Soil
                                                            Conservation Service) office or county extension agent may know of other State
                                                            and local programs.

                                                            Governmental Assistance

                                                            The U.S. Department of Agriculture (USDA) supports many sources of assistance
                                                            for wetland acquisition and restoration through several offices:

                                                            The Natural Resources Conservation Service (NRCS) provides technical assistance
                                                            to landowners and administers programs such as the Wetlands Reserve Program
                                                            (WRP), the Water Bank Program, and the Forestry Incentives Program (FIP).
                                                             Contact: USDA NRCS, National Wetlands Team, P.O. 2890, Washington,
                                                                         DC 20013.


                                                            The Consolidated Farm Service Agency (CFSA) combines the functions of the
                                                            Agricultural Stabilization and Conservation Service (ASCS), the Federal Crop
                                                            Insurance Corporation (FCIC), and the farm-lending activities of Farmers Home
                                                            Administration (FmHA). The CFSA oversees such programs as the Agricultural
                                                            Conservation Program (ACP) and the Conservation Reserve Program (CRP).
                                                             Contact: USDA CFSA, Conservation and Environmental Protection Divi
                                                                         sion, P.O. Box 2415, Washington, DC 20013.

                                                            The U.S. Forest Service (USFS) administers the Stewardship Incentives Program
                                                            (SIP) and the Forest Legacy Program.
                                                              Contact: USDA USFS, Cooperative Forestry Staff, Auditor's Building, 201
                                                                         14th Street, SW, Washington, DC 20250.







             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated).                                         A








            The U.S. Department of the Interior (USDOI) helps private landowners through
            the U.S. Fish and Wildlife Service (USFWS). These programs include Partners for
            Wildlife (Private Lands Assistance and Restoration Program), and the North
            American Waterfowl Management Plan (NAWMP) Joint Ventures.
              Contact: USDOI, USFWS, North American Waterfowl and Wetlands
                         Office, 4401 N. Fairfax Drive, Arlington, VA 22203.

            The U.S. Environmental Protection Agency (USEPA), through its Office of
            Wetlands, Oceans, and Watersheds, Wetlands Division and the contractor-operated
            Wetlands Information Hotline, offers information on current EPA wetland
            conservation, acquisition, and restoration initiatives.
              Contact: US EPA, OWOW, Wetlands Division (4502F), 401 M Street, SW,
                         Washington, DC 20460.

            The US EPA's Office of Wetlands, Oceans, and Watersheds (OWOW) also
            provides financial assistance under Section 319(h) of the Clean Water Act for a
            number of wetland restoration and protection activities.
              Contact: US EPA, OWOW, Nonpoint Source Control Branch (4503F), 401
                         M Street, SW, Washington, DC 20460.
            Private/ Non profit Assistance

            In the private sector, Ducks Unlimited administers the MARSH (Matching Aid
            to Restore States Habitat) Program.
            0 Contact: MARSH Program Coordinator, 1155 Connecticut Ave., NW, #800,
                         Washington, DC 20036.

            The Nature Conservancy provides help through the Natural Areas Registry.
            0 Contact: 2 Wisconsin Ave., Chevy Chase, MD 20815.

            The Izaak Walton League offers the Partners for Wetlands program.
            e Contact: 1401 Wilson Blvd., Level B, Arlington, VA 22209.

            Private Land Trusts assist landowners in acquiring and restoring wetlands using a
            master planning process to select a variety of programs based on the landowner's
            resource needs, goal@, and opportunities.
            ï¿½ Contact: Trust for Public Lands 312 Massachusetts Ave., NW, Washington,
                         DC 20002


            ï¿½ Contact: Land Trust Alliance 900 17th St., NW, Washington, DC 20002

            ï¿½ Contact: American Farmland Trust 1920 N St., NW, Washington, DC
                         20036.
















            For more information, contact the EPA Wetlands Information Hotline
            at 1-800-832-7828 (contractor operated).





                                   United States                           Office of Water,                                  EPA843-F-95-001ff
                                   Environmental Protection                Office of Wetlands,                               February 1995
                                   Agency                                  Oceans and Watersheds (4502F)
              6"W"EPA
                            Environmental Protection Agency:
                            D i rectory

                                                              Regional Wetlands Contacts                   Region VI: AR, LA, NM, OK, TX
                   office of Water                                                                         Beverly Ethridge, Chief
                   Office of Wetlands, Oceans,                Region 1: CT, MA, ME, MH, RI, VT             Wetlands Protection Section (6E-FT)
                   and Watersheds                             Douglas Thompson, Chief                      U.S. EPA-Region VI
                                                              Wetlands Protection Section (WWP-            1445 Ross Avenue, Suite 900
                   Robert H. Wayland, 111, Director           1900)                                        Dallas, TX 75202
                   David G. Davis, Deputy Director            U.S. EPA-Region I                            Tel: (214) 655-2263
                                                              John F Kennedy Federal Building              Fax: (214) 655-7446
                   Tel: (202) 260-7166                        Boston, MA 02203-1911
                                                              Tel: (617) 565-4421                          Region VII: IA, KS, MO, NE
                   Wetlands Division (4502F)                  Fax: (617) 565-4940                          Gerry Shimek, Acting Chief
                   401 M Street, SW                                                                        Wetlands Protection Section (ENRV)
                   Washington, DC 20460                       Region II: NJ, NY, PR, VI                    U.S. EPA-Region VI I
                   John Meagher, Director                     Daniel Montella, Chief                       726 Minnesota Avenue
                   Gregory E. Peck, Acting Deputy             Wetlands Section (2WM-MWP)                   Kansas City, KS 66101
                   Director                                   U.S. EPA-Region 11                           Tel: (913) 551-7540
                                                              26 Federal Plaza, Room 837                   Fax: (913) 5514863
                   Tel: (202) 260-7791                        New York, NY 10278
                   Fax: (202) 260-2356                        Tel: (212) 264-5170                          Region VIII: CO, MT, ND, SD, UT WY
                                                              Fax: (212) 264-4690                          Gene Reetz, Chief
                   Wetlands and Aquatic Resources                                                          Wetlands Protection Section (8WM-WQ)
                   Regulatory Branch                          Region III: DE, MD, PA, VA, WV               U.S. EPA-Region VIII
                   Tel: (202) 260-1799                        Barbara D'Angelo, Chief                      999 18th Street
                   Fax: (202) 260-7546                        Wetlands Protection Section                  500 Denver Place
                   Hazel A. Groman, Acting Chief              (3ES42)                                      Denver, CO 80202-2405
                                                              U.S. EPA-Region III                          Tel: (30.3) 293-1570
                   Enforcement and Regulatory                 841 Chestnut Street                          Fax: (303) 391-6957
                                                              Philadelphia, PA 19107
                   Policy Section                             Tel: (215) 597-9301                          Region IX: AZ, CA, HI, NV, Pacific
                   John Goodin, Acting Chief                  Fax: (215) 597-1850                          Islands
                                                                                                           Stephanie Wilson
                   Elevated Cases Section                     Region IV: AL, FL, GA, KY, MS, NC,           Watersheds Protection Branch
                   Joe DaVia, Acting Chief                    SC, TN                                       (W-7-4)
                                                              Tom Welborn, Chief                           U.S. EPA-Region IX
                   Wetlands Strategies and State              Wetlands Regulatory Section                  75 Hawthorne Street
                   Programs Branch                            U.S. EPA-Region IV                           San Francisco, CA 94105
                                                              345 Courtland Street, N.E.                   Tel: (415) 744-1968
                   Tel: (202) 260-9043                        Atlanta, GA 30365                            Fax: (415) 744-1078
                   Fax: (202) 260-8000                        Tel: (404) 347-4015
                   Phil Oshida, Chief                         Fax: (404) 347-3269                          Region X: AK, ID, OR, WA
                                                                                                           William Riley, Chief
                   Outreach and State Programs                Region V. IL, IN, MI, MN, OH, W1             Wetlands Section (WD-128)
                   Section                                    Douglas Ehorn, Chief                         U.S. EPA-Region X
                   Stan Austin, Chief                         Wetlands and Watersheds Section              1200 Sixth Avenue
                                                              (WQW-16j)                                    Seattle, WA 98101
                   Wetlands Strategies and Initia-            U.S. EPA-Region V                            Tel-. (206) 553,1412
                   tives Section                              77 West Jackson Boulevard                    Fax: (206) 553-1775
                                                              Chicago, IL 60604
                   Vacant                                     Tel: (312) 886-0243
                                                              Fax: (312) 886-7804



                For more information, contact the EPA Wetlands Information Hotline
                at 1-800-832-7828 (contractor operated).




                                     United States                               Office of Water,                                     EPA843-F-95-001gg
                                     Environmental Protection                    Office of Wetlands,                                  February 1995
                                     Agency                                      oceans and Watersheds (4502F)
                     EFA
                            Corps of Engineers Regulatory Program
                            Directory

               Michael L. Davis                                  Vicksburg District                               North Atlantic Division
               Chief, Regulatory Branch (CECW-OR)                E. Guynes
               U.S. Army Corps of Engineers                      U.S. Army Corps of Engineers                     Lenny Kotkiewicz
               20 Massachusetts Avenue, NW                       Vicksburg District (CELMK-OD-F)                  U.S. Army Corps of Engineers
               Washington, DC 20314-1000                         2101 N - Frontage Rd.                            North Atlantic Division (CENAD-CO-
               Tel: (202) 272-1782                               Vicksburg, MS 39180-5191                         OP)
               Fax: (202) 504-5069                               (601) 631-5276                                   90 Church Street
                                                                                                                  New York, NY 10007-9998
               Lower Mississippi Valley                          Missouri River Division                          (212) 264-7535
               Division
               Susan Hampton                                     Mores V Bergman                                  Baltimore District
                                                                 U.S. Army Corps of Engineers
               U.S. Army Corps of Engineers                      Missouri River Division                          Donald W. Roeseke
               Lower Mississippi Valley Division                 12565 W Center Road                              U.S. Army Corps of Engineers
               (CELMV-CO-R)                                      Omaha, NE 68144                                  Baltimore District (CENAB,OP-PN)
               P.O. Box 80                                       (402) 697-2533                                   PO. Box 1715
               Vicksburg, MS 39180@0080                                                                           Baltimore, MD 312034715
               (601) 634-5821                                                                                     (410) 962-3670
                                                                 Kansas City District
               Memphis District                                  Mel Jewett                                       New York District
                                                                 U.S. Army Corps of Engineers
               Larry D. Watson                                   Kansas City District (CEMRK-OD@R)                Joseph Seebode
               U.S. Army Corps of Engineers                      700 Federal Building                             U.S. Army Corps of Engineers
               Memphis District (CELMM,CO-R)                     Kansas City, MO 64106-2896                       New York District (CENAN,PL@E)
               B-202 Clifford Davis Federal Building             (816) 426-3645                                   26 Federal Plaza
               Memphis, TN 38103-1894                                                                             New York, NY 10278,0090
               (901) 544-3471                                                                                     (212) 264-3996
                                                                 Omaha District
               New Orleans                                       John Morton                                      Norfolk District
               Ronald J. Ventola                                 U.S. Army Corps of Engineers
               U.S. Army Corps of Engineers                      Omaha District (CEMRO-OP-N)                      William H. Poore, Jr.
                                                                 215 North 17th Street                            U.S. Army Corps of Engineers
               New Orleans District (CELMN-OD-R)                 Omaha, NE 68102-4978                             Norfolk District (CENAO-OP-N)
               P.O. Box 60267                                    (402) 221-4133                                   803 Front Street
               New Orleans, LA 70160-0267                                                                         Norfolk, VA 23510-1096
               (504) 862-2255                                    New England Division                             (804) 441-7068

                                                                 William R. Lawless
               St. Louis District                                U.S. Army Corps of Engineers
               Michael Brazier                                   New England Division (CNEED-OD-P)
               U.S. Army Corps of Engineers                      424 Trapelo Road
               St. Louis District (CELMS-OD,R)                   Waltham, MA 02254-9149
               1222 Spruce Street                                (617) 647-8057
               St. Louis, MO 63103-2833
               (314) 331-8575






               For more information, contact the EPA Wetlands Information Hotline
               at 1-800-832-7828 (contractor operated).



                      M                    Directory Continued
                      US A 7
                      of E,;..Lr



                 Philadelphia District                             St. Paul District                                Ohio River Division
                 Frank Cianfrani                                   Ben Wopat                                        Ro dney Woods
                 U.S. Army Corps of Engineers                      U.S. Army Corps of Engineers                     U.S. Army Corps of Engineers
                 Philadelphia District (CENAP-OP-N)                St. Paul District (CENCS-SO-PO)                  Ohio River Division (CEORD-CO-OR)
                 Wanamaker Building                                1421 USPO & Custom House                         P.O. Box 1159
                 100 Penn Square East                              190 - 5th Street East                            Cincinnati,OH 45201-1159
                 Philadelphia, PA 19107-3390                       St. Paul, MN 55101-1638                          (513) 684-6212
                 (215) 656-6725                                    (612) 290-5376
                 North Central Division                            North Pacific Division                           Huntington District
                 Dr. Michael Loesch                                Laura Kemp                                       Mike Gheen
                 U.S. Army Corps of Engineers                      U.S. Army Corps of Engineers                     U.S. Army Corps of Erigineers
                 North Central Division (CENCD-CO,                 North Pacific Division (CENPD-CO-R)              Huntington District (CEORH@011-17)
                 MO)                                               PO. Box 2870                                     502 8th Street
                 I 11 N. Canal Street, 12th Floor                  Portland, OR 97208,2870                          Huntington, WV 25701,2070
                 Chicago, IL 60606                                 (503) 326@3780                                   (304) 529-5487
                 (312) 353-7762


                                                                   Alaska District                                  Louisville District
                 Buffalo District                                  Robert K. Oja, Regulatory Branch                 William Christman
                 Paul G. Leuchner                                  U.S. Army Corps of Engineers                     U.S. Army Corps of Erigineers
                 U.S. Army Corps of Engineers                      Alaska District (CENPA-CO,NF)                    (CEORH,OR@R)
                 Buffalo District                                  PO. Box 898                                      P.O. Box 59
                 1776 Niagara Street                               Anchorage, AK 99506-0898                         Louisville, KY 40201-0059
                 Buffalo, NY 14207-3199                            (907) 753,2712                                   (502) 582-6461
                 (716) 879-4313


                                                                   Portland District                                Nashville District
                 Chicago District                                  Burt Paynter                                     Joseph R. Castleman
                 Mitchell Isoe                                     U.S. Army Corps of Engineers                     U.S. Army Corps of Engineers
                 U.S. Army Corps of Engineers                      Portland District (CENPP-OP-PN)                  Nashville District (CEORN-OR,R)
                 Chicago District (CENCC-CO)                       P.O. Box 2946                                    P.O. Box 1070
                 111 N. Canal Street, 6th Floor                    Portland, OR 97208-2946                          Nashville, TN 37202-1070
                 Chicago, IL 60606                                 (503) 326-7146                                   (615) 736-5181
                 (312) 886-3555 or (312) 353-6428

                                                                   Seattle District                                 Pittsburgh District
                 Detroit District                                  Tom Mueller                                      E. Raymond Beringer
                 Gary R. Mannesto                                  U.S. Army Corps of Engineers                     U.S. Army Corps of Engineers
                 U.S. Army Corps of Engineers                      Seattle District (CENPS-OP-PO)                   Pittsburgh District (CEORP-OR-R)
                 Detroit District (CENCE,CO-OR)                    PO. Box 3755                                     1000 Liberty Avenue
                 PO. Box 1027                                      Seattle, WA 98124-2255                           Pittsburgh, PA 15222,4186
                 Detroit, MI 48231-1027                            (206) 764-6695                                   (412) 644-6872
                 (313) 226-2432
                                                                                                                    Pacific Ocean Division
                                                                   Walla Walla District
                 Rock Island District                              Brad Daly                                        Mike Lee
                 Steven J. Vander Horn                             U.S. Army Corps of Engineers                     U.S. Army Corps of Engineers
                 U.S. Army Corps of Engineers                      Walla Walla District (CENPW-OP,RM)               Pacific Ocean Division (CEPOD,CO-0)
                 Rock Island District (CENCR-OD-R)                 City-County Airport                              Building 230
                 P.O. Box 2004                                     Walla Walla, WA 99362-9265                       Fort Shafter, HI 96858-5440
                 Clock Tbiver Building                             (509) 522@6720                                   (808) 438-9258
                 Rock Island, IL 61204-2004
               ..(309) 794-5370


                 For more information, contact the EPA Wetlands Information Hotline
                 at 1-800-832-7828 (contractor operated)




                                     Directory Continued
                  US AZ@r
                  0 E.9




             South Atlantic Division                         South Pacific Division                         Fort Worth District
             James M. Kelly                                  Theodore E. Durst                              Wayne A. Lea
             U.S. Army Corps of Engineers                    U.S Army Corps of Engineers                    U.S. Army Corps of Engineers
             South Atlantic Division (CESAD-CO-R)            S. Pacific Division (CESPD-CO-O)               Fort Worth District (CESWF-OD-M)
             Room 313                                        630 Sansome Street, Room 1216                  P.O. Box 17300
             77 Forsythe Street, SW                          San Francisco, CA 94111-2206                   Fort Worth, TX 76102-03QO
             Atlanta, GA 30335-6801                          (415) 705-1443                                 (817) 334-2681
             (404) 331-2778
                                                             Los Angeles District                           Galveston District
             Charleston District                             John Gill                                      Marcos De La Rosa
             Clarence H. Ham                                 U.S. Army Corps of Engineers                   U.S. Army Corps of Engineers
             U.S. Army Corps of Engineers                    Los Angeles District (CESPL-CO-O)              Galveston District (CESWG-CO-MO)
             Charleston District (CESAC-CO-M)                PO. Box 2711                                   P.O. Box 1229
             P.O. Box 919                                    Los Angeles, CA 90053-2325                     Galveston, TX 77553-1229
             Charleston, SC 29402,0919                       (213) 894-5606                                 (409) 766-3930
             (803) 727-4604
                                                             Sacramento District                            Little Rock District
             Jacksonville District                           Art Champ                                      Louie C. Cockmon, Jr.
             Dr. John Hall                                   U.S. Army Corps of Engineers                   U.S. Army Corps of Engineers
             U.S. Army Corps of Engineers                    Sacramento District (CESPK-CO-R)               Little Rock District (CESWL-CO-L)
             Jacksonville District (CESAJ-CO-OR)             1325 J Street                                  P.O. Box 867
             PO. Box 4970                                    Sacramento, CA 95814-2922                      Little Rock, AR 72203-0867
             400 West Bay Street                             (916) 557-5250                                 (501) 324-5296
             Jacksonville, FL 32232-0019
             (904) 232-2907                                  San Francisco District                         Tulsa District
                                                             Calvin C. Fong                                 Dave Manning
             Mobile District                                 U.S. Army Corps of Engineers                   U.S. Army Corps of Engineers
             Ron Krizman                                     San Francisco District                         Tulsa District (CESWT-OD-R)
             U.S. Army Corps of Engineers                    (CESPN-CO-O)                                   P.O. Box 61
             Mobile District (CESAM-OP-R)                    211 Main Street                                Tulsa, OK 74121-0061
             PO. Box 2288                                    San Francisco, CA 94105-1905                   (918) 669-7400
             Mobile, AL 36628-0001                           (415) 744-3036, ext. 233                       Waterways Experiment Station
             (205) 690-2658
                                                             .South Western Division                        Russell F Theriot, Manager
             Savannah District                               Vicki Dixon                                    Wetlands Research Program
                                                             U.S. Army Corps of Engineers                   U.S. Army Corps of Engineers
             Nick Ogden                                      Southwestern Division (CESWD-CO,R)             Waterways Experiment Station
             U.S. Army Corps of Engineers                    1114 Commerce Street                           Environmental Laboratory
             Savannah District (CESAS-OP-R)                  Dallas, TX 75242-0216                          (CEWES@EL-W)
             PO. Box 889                                     (214) 767-2436                                 3909 Halls Ferry Road
             Savannah, GA 31402-0889                                                                        Vicksburg, MS 39180-6199
             (912) 652-5347                                                                                 (601) 634-2733
                                                             Albuquerque District                           (601) 634-3528 (fax)
             Wilmington District                             Andrew J. Rosenau
             G. Wayne Wright                                 U.S. Army Corps of Engineers
             U.S. Army Corps of Engineers                    Albuquerque District (CESWA-CO@R)
             Wilmington District (CESAW-CO-R)                PO. Box 1580
             P0. Box 1890                                    Albuquerque, NM 87103-1508
             Wilmington, NC 28402-1890                       (505) 766-2776
             (910) 251,4630


             For more information, contact the EPA Wetlands Information Hotline
             at 1-800-832-7828 (contractor operated)













































































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