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WETLAND NEWS

Vol. 17 No. 2 April 2007

Board of Directors

Peg Bostwick, ChairLynda Saul, Vice Chair

David Davis, Secretary/TreasurerRichard Gitar

Maryann McGrawJanet Morlan

Alan QuackenbushJames Stoutamire

fJeanne Christie, Executive Director

Jon Kusler, Esq. PhD., Assoc. Director

Inside this issue:

Association News

Wetland Permits Part 1: Understand- ing Dredge & Fill Penalty Programs

ASWM’s State/Tribal/Federal Coordination Workshop Highlights

Western Workshop Update

Association News by Jeanne Christie

It is finally spring and four or five tom turkeys have selected the yard behind ASWM’s office as a place to try to impress the females. Previously I would have been thrilled to come upon one tom in a field fanning his tail, fluffing his feathers, and doing the peculiar 8-steps forward, one slow turn dance. But now I might be inclined to yawn. continued on p. 2

Understanding Federal, State and Local Dredge & Fill Penalty Programs by Leah Stetson

ASWM has received numerous requests for information pertaining to wetland permits from citizens, such as “How do I find out if the wetland being filled in my area is legal?” Several state, county and regional wetland programs have innovated new, creative ways to educate citizens—both violators and non-violators alike—about wetlands’ critical ecological and economic value to people and communities. Rather than put the emphasis of wetland law enforcement on the costly repercussions, such as fines and penalties, workshops and training opportunities reinforce the basic, positive principles behind environmental policies and encourage citizens to be proactive. Article begins on p. 3

One of many deer at the USFWS National Conservation Training Center, Shepherdstown, WV, where ASWM held its March meeting. This doe strutted her stuff as though in a fashion show. Photo by Rick Gitar.

ASWM’s State/Tribal/Federal Coordination Workshop, March 27-29, 2007 Highlights

ASWM held its annual winter meeting in March at the U.S. Fish & Wildlife Service’s National Conservation Training Center in Shepherdstown, West Virginia, where the Potomac River snakes along a wooded haven for birds and deer. The campus feel of the facility allowed representatives from thirty-eight states and tribes to mingle in corridors, along paths and nature trails, where they continued to talk long after a wonderful group of speakers had presented and prompted candid, energetic debates and a many-sided exchange of ideas. continued on p. 10

Vernal pool. Jeanne Christie photo

Western Workshop Update on p. 11 & 12

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Pair of eagles at NCTC in WV. 3/2007 Rick Gitar photo

High water, Presumpscot River3/2007. Jeanne Christie photo

Association News, continued from p. 1

We’ve been watching four-five toms cluster to fluff and turn for days on end. There are even two toms who parade about so perfectly aligned that it resembles a synchronized swim. The females have been more interested in the bird feeders in the yard than the poor males.

Carabell/Rapanos. The Carabell/Rapanos guidance still has not been published. In testimony at the end of 2006, the Corps indicated it had a backlog of 20,000 permits requiring jurisdictional determinations that had been delayed pending issuance of the Carabell/Rapanos guidance. Since then, the Corps has made a decision to move ahead with making determinations where possible and has reduced the backlog to less than 6500. The Corps has relied on pre-Carabell/Rapanos guidance to make these decisions and an undetermined number may be revisited at the request of the permit applicant when the guidance comes out. As we get ready to send out the newsletter, no guidance has been issued, but we are hearing rumors (again) that it might be issued in the next few weeks.

Awards, awards, awards. In the last issue of Wetland News we announced that the U.S. Fish and Wildlife Service would be presenting ASWM with a Fisheries and Habitat

Conservation Award. The award was presented in a ceremony on Capitol Hill in Washington, DC on March 1. At an evening reception, longtime friend Gene Whittaker congratulated me on receiving an award and I thanked him believing he meant the award I had just accepted. A little later Gene announced to someone else that I had received one of the National Wetland Awards from the

Environmental Law Institute. I looked at him in blank astonishment and argued that he had his awards confused. Eventually we straightened out the misunderstanding and I learned that I had indeed been voted one of the recipients of this year’s National Wetlands Award. In addition Lynda Saul, a wetland program manager and ASWM Vice Chair won an award. Lynda and I will be in Washington, DC on May 8 to receive our respective awards along with the other four recipients this year. It is a very great honor to be a National Wetlands Award winner. Many talented, dedicated people have received the award over the years and it is very special to be numbered among them.

Wetlands 2007. The call for papers for Wetlands 2007: Watershed-Wide Strategies to Maximize Wetland Ecological and Social Services ended last month and we are sending out the letters accepting or declining abstracts this week. We have received an impressive set of papers plus members of the Wetlands 2007 Advisory Committee have put together some great sessions as well. Wetlands 2007 will include sessions on wetlands and regulation, restoration/mitigation, monitoring and assessment, remote sensing, natural hazards, headwater streams and climate change. Registration for the conference is open and we will be posting a detailed draft agenda by mid-May. The conference will be in Williamsburg, Virginia August 28-30 with field trips scheduled on August 27.

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High water near Sebago Lake, Windham, ME area. 3/2007 Jeanne Christie photo

Understanding Federal, State and Local Dredge

& Fill Penalty Programs*

by Leah Stetson, ASWM

ASWM has received numerous requests for information pertaining to wetland permits from citizens. How do I find out if the wetland being filled in my area is legal? Who do I contact in my town/state/district? How do I obtain a permit? How do I contest one? What happens to violators? Where may I learn more about wetland permits?

Several state, county and regional wetland programs have innovated new, creative ways to educate citizens—both violators and non-violators alike—about wetlands’ critical ecological and economic value to people and communities. Rather than put the emphasis of wetland law enforcement on the costly repercussions, such as fines and penalties,

workshops and training opportunities reinforce the basic, positive principles behind environmental policies and encourage citizens to be proactive. Workshops pair violators with concerned citizens, who often play a mentor role to those who might need to see that the regulatory staff are not the only people concerned about wetlands.

The U.S. Army Corps of Engineers (Corps) has broad responsibilities with respect to water development projects including implementation of the Clean Water Act’s Section 404 program. The Corps is divided into eight regional districts and 38 districts, which are determined by watersheds, not state lines. For a map showing the outlines of the 38 Corps districts, go to: http://www.mvs.usace.army.mil/permits/HQmap.htm Please note, however, that some of these districts do link to webpages for the district-specific information, while others do not link to the most recent district websites. For a link to the current and most up-to-date district websites, that include information on how to obtain permits under Section 404, as well as other permitting-related information, visit: http://www.usace.army.mil/cw/cecwo/reg/district.htm Each of the districts’ listings will link to district-specific information, including but not limited to wetland delineations, how to report a violation, who to contact and how to apply for a permit if one is required.

Many coastal activities require a Section 10 permit from the Corps, pursuant to the Rivers & Harbors Act of 1899, which is still in effect today. The permit process for Section 10 permits is the same as for Section 404 of the Clean Water Act, otherwise known as the Section 404 Dredge & Fill Program. Section 404 only applies when the federal government has jurisdiction, meaning authority, over both the property proposed for development and the activity that the applicant intends to do on the property. To read a checklist adapted from Wetlands Law & Policy: Understanding Section 404’s Chapter 1, Federal Wetlands Regulation, An Overview, written by Kim Diana Connolly and Douglas R. Williams, please visit: http://www.aswm.org/member/wetlandnews/april_2007/checklist_for_sec_404_permits.pdf

How State Wetland Programs Deal with Violators

Twenty states have their own independent permitting authority, in which case the applicant must comply with both state and federal regulations and obtain a joint permit or a permit from each. The processes for complying with state and federal permits vary from state to state. States with independent permitting authority can also issue general programmatic permits and coordinate with the Corps. The other thirty states, as part of the federal 404 program, may condition 404 federal permits under Section 401 of the Clean Water Act. This

*The full article is available on the website version. Continued on p. 4

4 Wetland News Understanding Dredge & Fill Penalty Programs, continued from p. 3

means that the applicant usually does not acquire a permit until s/he complies with both the state and federal conditions. For example, some states have water quality standards and a state may condition a permit to adhere to those standards, in addition to whatever the Corps may require in terms of mitigation or other conditions.

Among the ways that state wetland programs deal with violators, two approaches have become more commonly employed recently. The first area is wetland training and education using workshops aimed at teaching an audience about wetland ecosystems and the permitting process. Secondly the advancement of technology and GIS mapping has provided new tools for identifying violations. Wetland Training / Education Workshops and training can be tailored to regional regulatory permits, state or federal, local or even personalized for the individual violator or permit applicant. National Association of Counties’ (NACo) Wetlands Training Program, for example, is geared for counties. To learn more about NACo, go to: http://www.naco.org/Template.cfm?Section=New_Technical_Assistance&Template=/TaggedPage/TaggedPageDisplay.cfm&TPLID=62&ContentID=14013

Some states have developed programs that serve to educate the public about wetland permits. While each Corps district has its own set of procedures for dealing with violations, e.g. internal forms as well as guidelines for a citizen to submit an inquiry about a prospective violation s/he observed, some state wetland programs have initiated educational programs with training workshops for violators and non-violators alike.

ASWM has identified a few examples of these programs to highlight the educational approach to Sec. 404 and state water / wetland law enforcement; some examples are Project POWER, originally developed by the New York State Department of Environmental Protection in 1994; Norfolk (VA) Wetlands Board’s public seminar; MassDEP’s adaptation of Project POWER at the New England Aquarium; and San Diego Regional Water Quality Control Board’s wetlands workshop in California. Often the training fulfills two purposes for violators: 1) reduces the fine charged for the committed violation and 2) clarifies certain environmental laws that the participant may have failed to comply with, may have misunderstood, or not have known about them. Another benefit to the training workshops is part of a psychological or social response; concerned citizens demonstrate their interest in protecting wetlands when workshop participants, who may also be violators, ask, “who cares about wetlands?”

Project POWER: Protecting our Wetlands with Educators and RegulatorsCombines the talents and resources of aquaria and regulatory agencies

Current director(s): Dr. Merryl Kafka, New York AquariumFounded by James Gilmore, Jr., regional supervisor for the New York State Department of Environmental Conservation

“It’s cheaper to educate than to mitigate,” says Dr. Merryl Kafka, Curator of Education at the New York Aquarium and one of the think-tanks behind Project POWER, a new wetlands workshop series held at the aquarium. Founded in 1994 by Jim Gilmore, regional supervisor for the New York State Department

Anyone want to buy an excavator for dirt cheap? On Ebey Island just north of the State Route 2 tressle across the Snohomish estuary near Everett, WA. No, those are not discarded soil maps floating in the water; they are absorbant pads to help soak up fuel. The operator was clearing a Category 1 forested wetland to establish a tree farm. Photo by Paul Anderson, Ecology wetland specialist, taken on 4-23-07. Submitted by Erik Stockdale

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Problem with stormwater detention

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of Environmental Conservation, the program bloomed into Project POWER thanks in part to a federal EPA grant in 2005 and a grant from Wildlife Conservancy Society (WCS), launching the program to a national level.

According to an article in Conservation in Practice , the “wetlands violator” workshop smacks of traffic school but with a keen distinction: drivers who obey the speed limit don’t usually turn up in traffic school. But in the New York Aquarium’s Project POWER workshop, both violators and non-violators are welcome to participate—which puts the emphasis on prevention, not punishment.

Violators who participate in the three-hour class, which focuses on the federal Tidal Wetlands Protection Act (TWPA), receive a $250 reduction in their civil charges, on top of new understanding of wetlands’ ecological value and how to avoid future violations. Because the class is set at an aquarium, families attend these workshops, too, and the place provides neutral ground for regulators, violators and concerned citizens to co-mingle and learn about wetlands. The New York Aquarium exhibits several wetland ecosystems including salt marsh, the rocky coastline of Sea Cliffs, Jamaica Bay wetlands; participants also may get to meet Spanky the Sea Otter and other animals that depend on wetlands and coastal areas. For more information on the New York Aquarium, go to: http://nyaquarium.com/nyahome Additional materials on how to design a wetlands class will be posted on ASWM’s website soon.

Dr. Kafka says, “it’s a model not a mandate.” The collaborative Project POWER workshop model has sent off-shoots like rhizomes all over the country to at least 13 other state and regional wetland programs. Project POWER partners are located in Washington, California, North Dakota, Kansas, Oklahoma, Texas, New York, Massachusetts, New Jersey, Virginia, North Carolina and Florida. In addition to their official partners, word gets around. Each time this happens, the resulting workshop is finely tuned to meet the needs of a specific community. Project POWER requires that museums and aquaria partner with a regulatory agency. The combined talents and resources of aquaria and regulatory agencies make this national initiative unique.

The San Diego Regional Water Quality Control (SDRWQC) Board heard about Project POWER from the San Diego Zoo in California. The SDRWQCB and San Diego Zoological Society hosted a wetlands workshop this past January at the Wild Animal Park. There were 70 people in attendance—including staff from the U.S. Army Corps of Engineers, California Dept. of Fish & Game, local municipalities and conservation groups as well as the general public. But wait: no violators? Unlike other violator wetland classes in New York, Virginia and Massachusetts, this workshop assumed a preventative approach and none of the participants were violators.

According to David Gibson, Senior Environmental Scientist on the SDRWQC Board’s southern watershed unit, most violators in the San Diego region would not have been interested in participating after receiving notice of their penalties. This is because typical violations the SDRWQCB acts on result in Administrative Civil Liabilities ranging from $10k-100k and in one current violator’s case, millions of dollars—for one violation. If the SDRWQCB offered to reduce these civil charges by $250, as with New York’s Project POWER, it would not be enough of an incentive to attract violators to the San Diego workshop. Instead, the targeted audience for the San Diego Project POWER workshop is the general public in an effort to get them to see the many wetland mitigation sites strewn throughout the counties as community assets, not abandoned or valueless areas. “Sustaining those sites depends on the benevolence of the community,” Gibson told ASWM. It is important for the community to view these mitigated wetland areas as places to hike, watch birds and enjoy nature rather than as possible spots for BMX bike trails or development. Further details about this workshop can

Understanding Dredge & Fill Penalty Programs, continued from p. 4

Spanky the Sea Otter at the New York Aquarium. Photo by C. Hackett/NY Aquarium

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6 Wetland News

be found in the full version of this article on the website. For a link to the San Diego Regional Water Quality Control Board’s webpage, visit: http://www.swrcb.ca.gov/rwqcb9/

New England Aquarium & MassDEP’s “Wetland Matters” WorkshopWorkshop facilitators: John Anderson, Director of Education, New England Aquarium; Jessica Soule, Teacher Resource Center, New England Aquarium. Speakers included Alice Smith and Andrea Langhauser from the MassDEP Bureau of Resource Protection, Wetlands and Waterways Program.

The New England Aquarium in Boston, Massachusetts held its second wetlands workshop, Wetland Matters, on April 26, 2007 in partnership with the Department of Environmental Protection (MassDEP). The aquarium’s Director of Education, John Anderson, and other aquarium staff, had attended a Project POWER workshop in New York, with a MassDEP representative, Andrea Langhauser of the Division of Wetlands & Waterways, where they got the idea to collaborate on a wetlands education program in Boston. The Wetland Matters workshop focused on why wetlands are important and how people engaged in real estate, land planning and development can help protect wetlands, according to the workshop flier. The workshop targeted an adult, professional audience, unlike many of the Aquarium’s other programs, which are geared for families, school groups and the general public. The presenters discussed state permits required by MGL Chapter 91, “the Public Waterfront Act,” as well as MGL c.131 s.40, the State “Wetlands Protection Act” (WPA). Although the Corps still reviews Sec. 404 permits in Massachusetts, this workshop did not cover the dredge & fill section of the Clean Water Act but remained focused on state statutes and regulations as well as fun, interactive demonstrations on the nature and importance of wetland functions.

MassDEP’s Wetlands Circuit Rider Program, which started as a pilot program in 1996, provides technical assistance and training to conservation commissions on wetland issues under the Wetlands Protection Act. Wetlands Circuit Rider Coordinator Alice Smith was among the speakers who presented on the wetland permitting process at the Wetland Matters workshop. To view one of the MassDEP’s presentations for the workshop, go to: http://www.aswm.org/member/wetlandnews/april_2007/wetland_matters_presentation.pdf To read more about the Wetlands Circuit Rider Program, see: http://www.aswm.org/member/wetlandnews/april_2007/overview_of_mass_dep_circuit_rider_program.pdf and visit: http://www.mass.gov/dep/water/compliance/cridr.htm

Norfolk, Virginia Wetlands Board: Free Public Wetlands Education SeminarA hands-on, participatory, intimate approach to wetlands enforcement Current Director(s): Kevin Du Bois, Bureau of Environmental Services, Norfolk, VA

Since its inception in the 1980s, the primary goal of the Norfolk Wetlands Board has been to restore wetlands and to educate the public about the regulatory process, not to be punitive. Until a few years ago, members of the Wetlands Board were concerned about the fairness of assessing monetary civil charges for violations—except in those cases which involved repeat, “knowing” offenders, such as marine contractors and others who regularly work in wetlands—and so the Board did not assess civil charges very often. But now that the Norfolk Wetlands Program offers a free, public wetlands education seminar—open to both violators and non-violators—the amount of civil charges has increased significantly and violators may no longer get away with saying, “I didn’t know.” In addition to the “knowing” violators, homeowners, who made an honest mistake and concerned citizens, who are non-violators, have a chance to learn about the importance of wetlands as well as the steps necessary to comply with state and federal regulations.

How did they get started? The Norfolk Wetlands Board asked Kevin Du Bois, an environmental engineer and wetland delineator with the City of Norfolk, to develop “a driver’s education course” for wetland

Understanding Dredge & Fill Penalty Programs, continued from p. 5

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A relatable problem for anyone who lives near wetlands. High water near Sebago Lake in Maine.

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violators. Du Bois contacted his colleague, Jim Gilmore, at the NY State Department of Conservation; Gilmore had created the concept that later became “Project POWER.” Norfolk’s Wetlands Program staff then developed their own workshop with specific topics and information designed to suit the needs of the community. Du Bois has accomplished this by adding what he calls “more hands-on, participatory and intimate” components, including field activities. He takes participants of the workshop into wetlands, where they “seine for fish, dig sediment samples and sift for critters, see the plant zones and species [used] in delineation and see the interplay between plants and organisms,” explains Du Bois. The wetlands workshop in Norfolk is local and shows participants examples

of familiar sites in order to emphasize the relevance of wetland protection laws in that area.

Another unique characteristic of the Norfolk wetlands class is that public participation is highly encouraged—an essential ingredient in pairing violators with non-violators, who apply a certain amount of “peer pressure.” But no one wears a dunce cap and sits in the corner. The violators are not identified as such and may respond more positively to their neighbors and fellow citizens, who are there to become wetland advocates. Further information about the Norfolk program is included in the full version of this article on the web. Additional materials about this program will be made available on ASWM’s website in the near future. Kevin Du Bois may be reached at kevin.dubois@norfolk.gov , (757) 664-4369 in Norfolk, VA.

Technology & GIS

Technology can also play a part in identifying potential violations, which may have otherwise gone unnoticed because of their geographic location. In Massachusetts, for example, the state’s Department of Environmental Protection (MassDEP) has developed sophisticated technology using aerial photography to identify wetlands change using “before” and “after” images of land. These changes are then compared to available permitting history data to determine whether a change site represents a possible violation. First launched in 2002, the MassDEP’s Wetlands Change Program’s mapping staff used state wetland maps that had originated from the Wetland Conservancy Program and developed a 1:12000 DEP Wetlands datalayer for 70% of the state, which allowed staff to create a database—as well as a baseline for future analysis of change in wetlands.

Massachusetts DEP has shared the data from the 2001 flyover with local conservation commissions with wetland change maps specific to towns. “Data from the 2005 flyover will be made available via the internet. (see link below, Wetlands with Change datalayer) The purpose is to allow each of the towns to know where wetland changes have been identified and enlist their help in researching the permitting or enforcement status of each identified change. This will allow a greater number of the identified changes to be followed up on,” explains Lealdon Langley, Director of the Wetlands Program with Mass DEP.

The Wetlands Change Project staff compare newer digital imagery to the older photos of mapped wetlands in order to detect differences, such as areas that have been cleared, filled, or altered. Because this process is based on photo interpretation, it is not used for wetland delineation; however, the comparative process is useful in identifying possible violations of state wetland laws, such as the Wetlands Protection Act and Public Waterfront Act (both in MA) as well as federal regulations, such as Section 404 of the Clean Water Act. In the

Williamsburg, VA. Jeanne Christie photo

Understanding Dredge & Fill Penalty Programs, continued from p. 6

Redwing blackbird, restored wetland, Salt Bay Farm, Damariscotta River Association, Damariscotta, ME

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future, Langley says that the Mass DEP hopes to develop specific compliance and enforcement plans for certain interest groups, e.g. sand and gravel, commercial developers, homeowners and other professionals. For a link to the Mass DEP’s Wetland Change Project, go to: http://www.mass.gov/mgis/wetchange.htm To learn more about Mass DEP’s Wetlands with Change datalayer, visit: http://maps.massgis.state.ma.us/WETLANDS12K_CHANGE/viewer.htm To view other MassDEP thematic maps, e.g. eel grass and other wetland maps, go to: http://www.mass.gov/dep/service/compliance/maps.htm Additional resources, wetland change maps showing loss of wetlands in Buzzards Bay watershed, MA, can be found at: http://www.buzzardsbay.org/wetlandloss.htm

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Understanding Dredge & Fill Penalty Programs, continued from p. 7

Helpful resources on Sec. 404 permits

American Rivers has just written a new draft citizens’ guide to understanding the Army Corps of Engineers’ permitting process under Clean Water Act. Here is a link to the draft guide. The final version may be available on their website by August 2007. http://www.aswm.org/member/wetlandnews/april_2007/3_regulatory_corps_guide_draft.pdf

All Corps districts:http://www.usace.army.mil/cw/cecwo/reg/district.htm

Wetlands 404 Permit Training Seminars (taught by retired Corps Engineer)Boss Internationalhttp://www.training.bossintl.com/html/wetlands-404-permitting-traini.html

Association of Massachusetts Wetland Scientists (AMWS)http://amws.org/ (main website)Workshops on difficult wetland delineations, negotiating business ethics, New England basedhttp://amws.org/upcoming_workshops.html

Sierra Club has a list of interpretations of wetland permitting issues from 1994:http://www.sierraclub.org/wetlands/resources/state_guidelines.asp

Acknowledgements

ASWM would like to thank the following people for their contributions to this newsletter in the forms of photos and information: Kim Diana Connolly, University of South Carolina School of Law; Kevin Du Bois, Bureau of Environmental Services, City of Norfolk, VA; Lealdon Langley, Wetlands Program, MassDEP; Alice Smith, Wetlands Circuit Rider Program, MassDEP; John Anderson, New England Aquarium; Dr. Merryl Kafka, New York Aquarium; Jessica Soule, New England Aquarium; Ruth Ladd, New England District, U.S. Army Corps of Engineers; David Gibson, San Diego Regional Water Quality Control Board; Palmer Hough, EPA; Andrea Langhauser, MassDEP; Fran Hackett, New York Aquarium; Melissa Samet, American Rivers; Kenneth Pruitt, Massachusetts Association of Conservation Commissions; Richard Gitar, Fond du Lac Reservation, Office of Water Protection; Michael McCann, San Diego Regional Water Quality Control Board; Erik Johnston, National Association of Counties; Erik Stockdale, Department of Ecology, SEA Program (WA).

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The Stray Shopping Carts of Eastern North America: A Guide to Field Identification by Julian Montague

In The Stray Shopping Carts of Eastern North America author Julian Montague has created an elaborate classification system of abandoned shopping carts, accompanied by photographic documentation of actual stray cart sightings. These sightings include bucolically littered locations such as the Niagara River Gorge (where many a cart has been pushed to its untimely death) and mundane settings that look suspiciously like a suburb near you.

Working in the naturalist’s tradition, the photographs depict the diversity of the phenomenon and carry a surprising emotional charge; readers inevitably begin to see these carts as human, at times poignant in their abandoned, decrepit state, hilariously incapacitated, or ingeniously co-opted. The result is at once rigorous and absurd, enabling the layperson to identify and classify their own cart spottings based on the situation in which they were found. (Amazon’s description) More info can be found at:

http://www.amazon.com/gp/product/0810955202/sr=8-1/qid=1140218087/ref=pd_bbs_1/002-7357879-4504004?_encoding=UTF8

http://www.strayshoppingcart.com:80/shopping_cart/1_introduction.htm

Wetland News Staff

Jeanne Christie, Assistant Editor

Sharon Weaver, Web Lay-out, Design

Laura Burchill, Proof-reader

Leah Stetson, Editor, Design

This year is the 400th anniversary of Jamestown and it is an exciting year to visit Williamsburg/Jamestown/Yorktown for anyone interested in American history. Please plan to join us. Early registration ends July 13. For more information, visit the Wetlands 2007 website at: http://www.aswm.org/calendar/wetlands2007/wetlands2007.htm

Survey of Customer Feedback on 404 Permitting Process Published. Kim Connolly, a law professor at the University of South Carolina has completed and synthesized the findings of a painstaking review of all the customer satisfaction surveys provided by Section 404 permit applicants. Her findings are published in the May 2007 issue of the Environmental Law Review News and Analyses by the Environmental Law Institute. The overall findings of the survey do not support common characterization of the Section 404 permit application process as a complicated process that it is nearly impossible to navigate. The article includes information summarized nationally and broken down by district. It is important to note that not all districts collect customer surveys and not all customers fill out the survey forms. Nevertheless, it is a very useful article and there are a surprising number of “glowing” reviews. To see the full report visit: http://www.aswm.org/fwp/survey_says_0507_connolly.pdf

Association News, continued from p. 2

May is a wonderful time to linger outside.So spend a sunrise or a sunset,Watching and listening--In a wetland!I will.

--Jeanne ChristieExecutive Director

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ASWM’s State/Tribal/Federal Coordination Workshop The Clean Water Act: Applying Sound Science to Address Program Revisions,

Court Challenges and Opportunities for Wetlands and HeadwatersMarch 27-29, 2007 Shepherdstown, West Virginia

Continued from p. 1. Topics of presentations included 401 certification, mapping priorities, tribal wetland programs and outreach efforts to educate the public about wetlands, among many other issues. Some of the hot topics of the three-day conference were the proposed new mitigation rule, the Corps’ new online permitting system, climate change, sudden wetland dieback and the Section 404 policy and program outlook for 2007. Here are a few highlights from the conference.

A 2006 Supreme Court decision was the topic of a panel discussion of the impacts of Carabell/Rapanos on state water and wildlife programs. Peg Bostwick, Chair of ASWM’s Board of Directors, and Wetlands Coordinator for Michigan Department of Environmental Quality, remarked that someone might say, “It doesn’t impact my state; we have our own program.” But she warned, “we have to be careful when saying that because it does have an impact.” Federal jurisdiction over wetlands in adjacent or upstream states protects our wetlands indirectly from an ecological standpoint. Downstream states pay the cost of upstream loss of wetlands. And the cost of not protecting wetlands also has a national economic impact. For example the loss of coastal wetlands exacerbated the damages that occurred during hurricane Katrina and recovery was paid by federal taxes and insurance policies.

One panel offered relevant points-of-view on the issues concerning the merits of in-lieu fee programs and other strategies for achieving compensatory mitigation success. A shared concern among the panelists was a need for adequate follow-up on mitigation sites. Some states have started checking and found gross noncompliance. The panelists suggested that enforcement after follow-up should be a priority action. Otherwise states will continue to hear from permit recipients who do meet permit requirements: “why comply if no one will do anything to me?”

Jon Soderberg of the U.S. Army Corps of Engineers presented on the Corps’ new online permitting program and the goals of the project—to standardize the data and merge the two systems, e.g. RAMS to ORM. The new ORM system will also connect to other tools such as ArcGIS, Google Earth and geospatial consortium web features (WFS) to make the permit application process more relevant and transparent for users, regulators and permit applicants.

Mark Gernes of the Minnesota Pollution Control Agency talked about when a wetland ‘becomes a pollution source.’ Although some of the audience tsk tsked the term, “TMDLs,” (total maximum daily loads) throughout the day’s discussions on surface water, discharge and wetland functions, Gernes’ presentation did a good job of illustrating what is called a “legacy” effect of loading certain pollutants, e.g. phosphorus. “None of the wetland processes—inorganic, organic, plant uptake—will ensure permanent retention.”1

All of the presentations were very informative and demonstrated ways in which state, tribes and federal agencies may collaborate to better protect and regulate wetlands. ASWM’s staff received a lot of positive feedback about the facility itself, especially from long-time members and colleagues, who fully appreciated the benefits of holding this workshop at a large, accommodating space. Plus, the food was delicious and no one needed an umbrella. In the words of ASWM’s Treasurer & Secretary of the Board, Dave Davis of Virginia, “a good time was had by all.”

1.Gernes, Mark. “Destroying a Nation’s Kidneys: When a Wetland Becomes a Pollution Source.” Presentation at ASWM’s Winter Meeting, Shepherdstown, WV. March 28, 2007.

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The Association of State Wetland Managers, sponsors and cooperating parties invite you to attend a Western State Workshop: Strengthening the Roles of Land Trusts and Local Governments in Protecting and Restoring Wetlands and Riparian Areas. We also invite you to submit for the exhibit/poster session. The exhibit/poster session will focus on the restoration of wetlands and riparian areas. This workshop will be for technical and semi-technical staff of land trusts, local governments, state agencies, and federal agencies. It will present “how to” information concerning the protection and restoration of wetlands and riparian areas.

Workshop goals include:

• Improve land trusts’ and local governments’ understanding of the need to protect and restore wetlands, riparian areas and other waters. • Support land trust and local government wetland and riparian protection efforts.• Identify priority activities (e.g., technical assistance) for federal and state agencies to undertake to assist land trusts and local governments.• Familiarize land trusts and local governments with various techniques and options for protecting and restoring wetlands, riparian areas, and other waters at risk.• Help land trusts and local governments apply the best available wetland and riparian area science such as improvements in wetland mapping, restoration techniques, monitoring and assessment methods, use of GIS technology, wetlands and watershed planning, and use of innovative regulations.• Document case study examples of local science-related wetland and riparian protection and restoration efforts.• Build and strengthen partnerships between land trusts and local governments, tribes, states and federal agencies.

Sponsors: • U.S. Environmental Protection Agency, Division of Wetlands, Region 7, Region 8, Region 10, HQ Cooperating Parties: • U.S. Environmental Protection Agency • Land Trust Alliance • Trust for Public Lands • The Nature Conservancy • U.S. Fish and Wildlife Service • Utah Open Lands• Swaner Nature Preserve • Association of State Floodplain Managers• Utah Wetlands Interpretive Network • National Association of Counties• The Conservation Fund • Treasure Mountain Inn• The Wallace Stegner Center for Land, Resources and the Environment at the University of Utah S.J. Quinney College of Law

June 2, 2007: Cooperate with the Swaner Nature Preserve in its Swaner Nature Festival. Speakers and participants at the ASWM workshop will also be encouraged to participate in the Swanter Nature Festival. For more information on the festival see http://www.aswm.org/calendar/lt&lg/june3swaner.htm.

Western State Workshop Update

Strengthening the Roles of Land Trusts and Local Governments in Protecting and Restoring Wetlands and Riparian Areas

June 2, 2007 Participate in Swaner Nature FestivalJune 4-5, 2007 Workshop b June 6, 2007 Field Trip

Treasure Mountain Inn, Park City, Utah

12 Wetland News

June 4-5, 2007: Workshop at the Treasure Mountain Inn. For draft agenda see http://www.aswm.org/calendar/lt&lg/lt&lg2_agenda_031307.htm.

June 6, 2007: Field Trip: An optional field trip to the Swaner Nature Preserve, Nature Conservancy Great Salt Lake Shoreland Preserve and Antelope Island. The bus will depart at 8:30a.m. and return at 4:30p.m. The first stop will be the Swaner Nature Preserve in Park City and related wetlands for about one hour. We will then drive for about an hour and one half to the 4000-acre Nature Conservancy Great Salt Lake Shoreland Preserve. We will spend approximately one hour viewing wetland restoration and enhancement activities on the Preserve. We will then spend about an hour and one half on the spectacular one mile boardwalk into a wetland. Box lunches will be provided. The bus will follow the Antelope Island causeway four miles out into Great Salt Lake with spectacular bird watching along the way. We will spend approximately one hour at Antelope Island. We will then return to Park City. For field trip agenda see http://www.aswm.org/calendar/lt&lg/field_trip.htm.

Lodging and Conference Facility: Treasure Mountain Inn. The workshop will be conducted at the Treasure Mountain Inn. The Inn is located in the historic district at the upper end of Main Street. The Inn owners have a strong environmental ethic and have been environmental advocates for a number of years. Lodging rooms at the hotel are now full. For additional hotels in the area see http://www.aswm.org/calendar/lt&lg/hotelandtransportation.htm.

Transportation: Salt Lake City International Airport is 36 miles (35 minutes) from Park City. Low priced car rentals are available from all of the major rental car companies. Park City hotels are served by several van services for approximately $32 each way. See airport website at: http://www.slcairport.com/26.asp for a list of transportation services or see http://www.aswm.org/calendar/lt&lg/hotelandtransportation.htm.

FEES:

Registration Fees: ASWM Members: $150; ASWM Nonmembers: $175; and Speakers: $95 if registering by May 7, 2007. This will include attendance at all sessions on June 4 and 5, conference materials including a CD containing many reports and papers concerning wetland and riparian protection and restoration; lunches and morning and afternoon breaks; attendance at the mixer on June 4, and a one-year membership in ASWM if registering by May 7, 2007. For attendee registration form see: http://www.aswm.org/calendar/lt&lg/attendee_reg_041907.pdf.

Optional Field Trip Fee: $35.00 (includes a box lunch and Antelope Island state park fee). Draft agenda for the field trip can be found at: http://www.aswm.org/calendar/lt&lg/field_trip.htm.

Restoration Fair/Exhibit Fee: There will be no charge for displays for not for profit, government, and academic organizations. A fee of $150 will be charged for commercial displays. There will be limited space for such displays which will be allocated on a first come/first serve basis. To reserve exhibit space, please fill out the Exhibit Registration form at http://www.aswm.org/calendar/lt&lg/exhibit_registration_form.pdf. For exhibit Rules see: http://www.aswm.org/calendar/lt&lg/exhibit_rules.pdf.

Questions regarding program, Questions regarding general registration,please contact: Jon Kusler, Associate Director, speaker registration, and exhibits, please contact:ASWM (518) 872-1804; Fax: (518) 872-2171; Laura Burchill, ASWM, (207) 892-3399; aswm@aswm.org Fax: (207) 892-3089; laura@aswm.org

Western State Workshop, continued

For more information: Visit the ASWM workshop website for agenda, hotel and registration information at http://www.aswm.org/calendar/lt&lg/lt&lg2.htm

Association of State Wetland Managers, IncApril 2007 copyright