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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 X1 V@ .4 2 QH7 6 .U55 W48 1995 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- � streamlining wetlands permitting tural lands for both the Swarripbuster programs and Clean Water Act programs � increasing cooperation with private 0 made it easier for permit applicants landowners to protect and restore to use mitigation "banks" wetlands � 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 � 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- � developing an administrative process to minimize the regulatory burden on small landowners and farmers for small projects on their land � establishing clear and firm deadlines for Corps of Engineers permit decisions � allowing administrative appeals of permit denials and wetland jurisdictional determinations as an alternative to expensive and time- consuming litigation � 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 � improving wetlands assessment techniques to allow for better consideration of wetlands functions in permit decisions; � Clarifying exemptions of manmade wetlands from jurisdiction � 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 � 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 � minimized potential impacts to Army Corps of Engineers wetlands 0 administers the day-to@day � 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. � significant degradation of municipal water supplies (including surface or ground water) or Final Determination � 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. � 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. � Successful mitigation can be ensured since the wetlands can be functional in advance of project impacts. � Banking eliminates the temporal losses of wetland values that typically occur when mitigation is initiated during or after the devel- opment impacts occur. � 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 � Established (ongoing) farming, ranching, and forestry activites: established rotation, such as � plowing soybeans to rice, is exempt. � seeding Discharges associated with ongoing � cultivating rotations of rice and crawfish � harvesting food, fiber, and forest products production are also exempt. � minor drainage � upland soil and water conservation practices. To find out whether specific activities are � Maintenance (but not construction) of drainage ditches exempt, contact your local Corps or EPA � Construction and maintenance of irrigation ditches office. � Construction and maintenance of farm or stock ponds Ask for a free copy of "Agriculture and � Construction and maintenance of farm and forest roads, in Wetlands: A Compilation of accordance with best management practices Factsheets" when you call the EPA � 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 � undertaking comprehensive State EPA!s State Wetlands Protection Wetland Conservation Plans Grants Program. � 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 � developing wetland water quality the appropriate roles and programs are standards for each type of government. EPA � 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 � 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 � 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 � 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 � 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. � 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: � Wetlands and 401 Certification, 1989 � Water Quality Standards for Wetlands, 1990 � Statement of Martha 0. Prothro, May 1992 � 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. � Contact: Trust for Public Lands 312 Massachusetts Ave., NW, Washington, DC 20002 � Contact: Land Trust Alliance 900 17th St., NW, Washington, DC 20002 � 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) 3 6668 00004 2178