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WETLAND NEWS

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 NewsASWM Board ElectionsStream Crossing Manual Development Jon Kusler - Lifetime Achievement Award, Honored by SWS

Vol. 19 No. 3 June-July 2009

Association News - by Jeanne Christie

In southern Maine it seems like we have not seen the sun for weeks. Rain and clouds fill the sky and last week gardeners and farmers were warned to keep a vigilant eye out for late blight, a fungal disease that attacks potatoes and tomatoes. continued on p. 2

ASWM Board Elections - Members at Large - 2009-2011

ASWM board elections will be held in July of 2009 for the ASWM Board. The five at-large members will be elected for 2009-2011. Under the bylaws the Nominating Committee provides a slate of candidates each year with one nominee for each of the positions to be filled. The nominating committee has forwarded the following slate of candidates: Collis Adams, Rick Gitar, Maryann McGraw, Alan Quackenbush and Janet Morlan. Each of the nominees has provided a biography, which is included in this issue. ASWM will accept additional nominations through July 17th, 2009. continued on p. 3

Stream Crossing Manual Developments by Greg Penta, U.S. Army Corps of Engineers The Corps of Engineers, New England District, is currently involved in a collaborative effort with stakeholders to create a design and construction manual for road-stream crossings in New England. Movement of fish and wildlife through river and stream corridors is critical to the survival of individual organisms and the persistence of populations. continued on p. 7

Lifetime Achievement

Jon Kusler Honored

by the Society of Wetland Scientists

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ASWM ~ Dedicated to the protection and restoration of the Nation’s wetlands

2 Wetland NewsLate blight was the disease that led to the great potato famine in Ireland in the 1850s and brought Irish immigrants fleeing starvation to America in large numbers.

But if the gardens are a little soggy, wildlife is flourishing. The local deer have coats so vivid and glossy that they almost glow. The wild turkey are hiding in the bushes with their young ones and young crows are complaining loudly in our back yard as they try to convince their beleaguered parents that they cannot find food on their own.

A little further afield on the Saco River, a local news team was amazed to be on-the-spot when a University of New England researcher and his students pulled an endangered short-nosed sturgeon out of the water on June 16. No one has ever found one in the river before. https://www.une.edu/ur/news/sacoriversturgeon.asp Then

on June 30 Audubon Society’s seabird restoration program reported they found a murre egg on Matinicus Rock. This bird disappeared from the Maine coast in the 1870s http://pressherald.mainetoday.com/story_pf.php?id=265306&ac=PHnws . Finally action on the S.D. Warren Supreme court decision that supported Maine’s 401 certification authority (9-0) to condition a federal permit to require fish passage for hydroelectric dams on the Presumpscot River continues to slowly move ahead. At the end of June, Maine Inland Fisheries and Wildlife Department ordered S.D. Warren to install fish passage at the Cumberland Mills dam http://www.mpbn.net/News/MaineHeadlineNews/tabid/968/ctl/ViewItem/mid/2905/ItemId/11142/Default.aspx .

At ASWM we are venturing into the world of social media with a new webpage on Facebook http://www.facebook.com/group.php?sid=65069ada48443cc9d8458bd907de32d7&gid=64764201791&ref=search . We’re posting three entries a week on the Compleat Wetlander, ASWM’s new blog, at http://aswm.org/wordpress/ . In other activities ASWM is pulling together proposals for new wetlands projects in 2010 including climate change, floodplain management, state capacity building and agriculture. Amended Clean Water Restoration Act Passes Senate Environment and Public Works

On June 18, 2009 the Senate Environment and Public Works committee voted in favor of an amended Senate Bill 787, the Clean Water Restoration Act. The Clean Water Restoration Act was introduced in early April by Senator Feingold with 24 co-sponsors. Senators Baucus (MT) and Klobuchar (MN) and Boxer (CA) worked with a wide variety of stakeholders to craft compromise languagethat would more successfully achieve the goal of restoring Clean Water Act jurisdiction to the waters subject to

regulation under the Clean Water Act prior to the SWANCC and Carabell/Rapanos Supreme Court decisions. No more and no less. http://www.epw.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=f95ab046-802a-23ad-46dc-40c4f53fb380 A PDF copy of the amended bill is available at:http://online.nwf.org/site/DocServer/S._787__Baucus_Klobuchar_Boxer_2.pdf?docID=10501 In the findings the bill clarifies that groundwater is not regulated under the Clean Water Act. In the savings clause it reaffirms that all the exemptions identified in other parts of the Act remain in place. It removes the term ‘navigable’ and provides a definition of waters of the U.S. that closely follows the definition in the Section 404 EPA and Corps regulations published in the mid-80s including exemptions for prior converted

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ASWM’s Board Elections, continued from p. 1

Nominees must be members in good standing of the Association. The by-laws require a simple majority of the board to be employees of state agencies. If there is more than one candidate for each office, elections will be held by electronic vote in July. If not, then the list of nominees submitted by the Nominating Committee will take office on July 31st, 2009.

Janet Morlan, Oregon Department of State Lands

Janet is the Wetlands Program Manager at the Oregon Department of State Lands (DSL). DSL implements the state’s Removal-Fill Law and the 1989 Wetlands Conservation Act. Janet joined DSL in 1989 as the Wetlands Inventory Specialist and became the Wetlands Team Leader/Program Manager in 1997. Janet’s primary responsibilities include development of state wetlands policy and programs, coordinating state interests with federal programs, rulemaking, working with cities engaged in state-mandated wetlands planning, and providing wetland-related education and training. Janet has managed many EPA grant-funded projects, including development of HGM guidebooks and other wetland assessment methods and regional status and trends studies. She also provides

Association News, cont’d from p.2...croplands and wastewater treatment systems. This definition is also consistent with the definition of waters in the Section 402 regulations for point source discharges. The amended bill also references the EPA and Corps regulations including the preamble of the rules which identify waters not subject to regulation. All relevant language dealing with CWA jurisdiction in the two rules is posted at: http://www.aswm.org/fwp/1988_wus_preamble.pdf http://www.aswm.org/fwp/1986_wus_preamble.pdf

Next Steps

It is anticipated that a similar bill will be introduced in the House in the coming weeks by Congressman Oberstar (MN) Chair of the House Transportation and Infrastructure Committee. It is not known how closely that House bill might follow the compromise language in the Senate. Congressman Oberstar has coordinated in the past with Senator Feingold in introducing earlier versions of the Clean Water Restoration Act so it is likely that the bill, even if it does not mirror the Senate compromise language, will also focus on returning jurisdiction to waters regulated prior to the two Supreme Court Decisions.

In the Senate, Senator Crapo (ID) has placed a hold on the bill requiring 60 votes to bring it to the floor of the Senate. In addition Senator Inhofe, the ranking minority member of Senate Environment and Public Works Committee, has committed to defeating the bill if it reaches the Senate floor.http://epw.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=F46BD9B7-802A-23AD-4183-BAAE0D6D5FAD

Passage of the Clean Water Restoration Act is by no means certain. It is likely to be a very tough fight in both Houses of Congress. But the successful vote by the Senate Environment and Public Works Committee is a significant first step and the compromise language amending the bill is well-crafted. It gained the support of many interest groups including the Association of State Wetland Managers as well as five other state organizations. http://www.ecos.org/section/clean_water_act_jurisdiction/

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technical assistance to staff, other agencies and the private sector on wetland determination and jurisdictional issues.

She enjoys providing wetland delineation training, and has been an active participant in development of the Arid West and Western Mountains, Valleys and Coasts regional supplements to the 1987 Corps Wetlands Delineation Manual. Janet received a B.A. degree in geography (with minors in wildlife management and journalism) from Humboldt State University and obtained her M.S. degree in resource geography from Oregon State University. Her thesis research was on salt marsh restoration at the Salmon River estuary, Oregon. Janet has been an active member of ASWM for many years. She’s also active

with the Society of Wetland Scientists, including as past president of the PNW chapter, and she is currently Chair of the Professional Wetland Scientist Certification Program’s Ethics Committee. For fun, Janet enjoys exercise, gardening, and competing in canine musical freestyle with her Belgian Tervuren, Kobe.

Alan Quackenbush, Wetland Program Coordinator, Wetland Management Section, Water Quality Division, Department of Environmental Conservation, Vermont Agency of Natural Resources

Originally from central New York, Alan had an early affinity for wetlands that were prevalent on the farm where he grew up. This interest was strengthened when he took a summer course at Colgate University in bog ecology during his high school years. He received a B.A. from the University of Rochester, Rochester, New York. After a two-year Peace Corps enlistment in Benin (West Africa), he worked in a number of social service positions. He changed course, decided to focus on his earlier interests, and earned a M.S. in botany from the University of Vermont.

While still enrolled in graduate school, he started his career with the Vermont DEC Water Quality Division. He has since worked in the Lakes and Ponds Section; the Biomonitoring and Aquatic Studies Section; and the Wetlands Management Section, where he has been for the last 13 years. He assumed his duties as supervisor of the Vermont Wetlands Program in May 2005 following the retirement of his predecessor, Carl Pagel, who had been the State Wetlands Coordinator for thirty years. Alan serves as a member-at-large on the board of the Association of State Wetland Managers; is a member of the Society of Wetland Scientists; is on EPA’s National Wetland Condition Assessment Workgroup and New England Wetland Workgroup for monitoring and assessment. He has presented at numerous workshops and symposia including research and special studies on wetlands. He lives in the Green Mountains, just a few miles from work, with his wife Audrey and his dog Sadie.

Collis Adams – New Hampshire Department of Environmental Services (DES)

Collis has served has the administrator of the Wetlands Bureau at DES for the past eight years. As the administrator, he oversees all activities relative to the New Hampshire Dredge and Fill Law (NH RSA 482-A) and the Comprehensive Shoreland Protection Act (NH RSA 483-B). Prior to filling that role he spent ten years

ASWM’s Board Elections, continued from p.3

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with the DES Alteration of Terrain Program reviewing and permitting plans for large scale developments. His greatest accomplishment as administrator of the wetlands bureau was the implementation of an in-lieu fee program for wetland mitigation and then expanding that program to include streams, rivers, and their riparian habitats.

Before coming to DES, Collis spent four years in private engineering consulting owning and operating his own consulting firm and prior to that, a five year stint with the New England Division of the Army Corps of Engineers. In 1980 Collis graduated with a BSCE degree from the University of Massachusetts with an emphasis on environmental engineering; they did not have an environmental engineering degree “back in the day”. Prior to UMass, Collis spent four years studying architecture at The Ohio State University and he remains an avid Buckeye fan to this day!

Collis lives in Goffstown, New Hampshire. He has two children, one of each, and is particularly proud that he has instilled in them his same sense of volunteerism and a love for the outdoors. Collis particularly enjoys spending time along the varied coastlines of New England. He is seldom seen without his dog and best friend Zoë at his side and he still gets a kick out of the fact that Zoë is voice trained to avoid vernal pools while hiking in the woods … no small feat for a yellow lab.

Collis also serves on his local conservation commission, planning board, and Board of Directors for Goffstown Little League. He is a state certified umpire for high school baseball, his other true calling in life.

Maryann McGraw, New Mexico Environment Department

Maryann is the Wetlands Program Coordinator and the Wetlands and Department of Transportation Team Leader with the New Mexico Environment Department (NMED) Surface Water Quality Bureau. Maryann has managed projects funded by CWA Section 319(h) since 1998. Maryann also manages projects funded by CWA Section 104(b)(3) and the newly created New Mexico Wetlands Program since 2003.

Previously, Maryann worked for the New Mexico Department of Transportation (DOT) as an Environmental Specialist beginning in 1993 where she provided input for natural resources protection as a part of transportation project design,

wrote NEPA documents and was in charge of developing mitigation plans and projects for wetland impacts. Presently, she serves as the NMED liaison to the DOT.

Maryann is a current board member of the ASWM. She brings to the board the perspective and challenges of a newly formed and growing wetlands program. She has previously taught landscape ecology and restoration classes at Santa Fe Community College including Wetlands, Riparian Restoration, Dryland Restoration, Bioremediation, and Natural History of Arid Lands. Maryann holds Bachelor’s and Master’s Degrees in Geology from the University of Texas at Austin, Texas. Maryann paints en plein air in pastel, concentrating

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Lifetime Achievement

Jon Kusler Honored

by the Society of Wetland Scientists

Read the story on ASWM’s blog www.aswm.org/wordpress

6 Wetland News

Portraits of Jon with family and colleagues from over the years...

Wetland News 7

Stream Crossing Manual Developments, continued from p. 1

by Greg Penta, U.S. Army Corps of Engineers

However, as long and linear ecosystems, rivers and streams are particularly vulnerable to fragmentation. In addition to natural barriers, a number of human activities can, to varying degrees, disrupt the continuity of river and stream ecosystems.

Stream crossing methods are still evolving. Poorly constructed road crossings can destroy stream continuity, prevent aquatic organisms (e.g., fish, salamanders, turtles, and invertebrates) from migrating, and possibly lead to population decline, fragmentation, and extinction. A recent sample of 465 single culverts in Vermont showed that 99% are impassable or partially impassable to all or some aquatic organisms, while another study in the West River in Vermont showed the same for 86% of culverts. Culvert failure from improperly designed and undersized culverts can also destroy and flood downstream resources and jeopardize human life. A goal of the Corps Regulatory Program is to minimize habitat fragmentation and maintain geomorphic and biological processes of streams, while authorizing necessary development and transportation infrastructure. A design and construction manual adapted to the conditions in New England would assist the design, construction, and regulatory communities in complying with existing regulations aimed at achieving aquatic organism and wildlife passage as well as river/stream continuity. The manual would support, not establish, states’ rules and/or guidelines/standards. While some stream crossing design manuals, regulations and standards exist, there is a need for a comprehensive “how to” manual that incorporates traditional engineering principles and state-of-the-art stream-simulation design and construction methods to maintain stream continuity and aquatic organism

passage. Traditional design and construction methods have proven effective at conveying water down stream corridors, but mostly ineffective for aquatic organism passage. The “Hydraulic”, “No-Slope” and “Stream Simulation” methods are used to address stream continuity, fish, and/or aquatic organism passage issues. The No-Slope and Stream-Simulation methods (along with full-spanning bridges) have been shown to be the most effective methods of maintaining geomorphic and biological processes. Results show that when designed and constructed according to stream simulation design criteria [culvert bed width = 1.2 x (channel width) + 2 feet, and slope of culvert < 1.25 (channel slope)], stream simulation culverts are reliable and create similar passage conditions compared to the adjoining channel. Stream-simulation provides a holistic approach to recognizing and maintaining geomorphic processes (e.g., channel migration, channel evolution, hydrologic changes, erosion, sedimentation, accretion and

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Stream Crossing Manual Developments, continued from p. 7

debris influences). Ecological health of both upstream and downstream reaches depends on connectivity of physical processes such as sediment and debris transport, channel patterns and cycles, and patterns of disturbance and recovery, as well as biological connectivity. Stationary culverts at a fixed elevation may not be able to sustain these processes and may therefore affect overall ecosystem health. Stream-simulation involves constructing an artificial stream channel inside the culvert to provide passage for any aquatic organism that would normally migrate through the reach. Continuity through crossing structures allows all aquatic species present to move freely through them to access habitats, avoid adverse

conditions, and seek food and mates. Whether culverts or bridges, stream-simulation structures have a continuous streambed that mimics the slope, structure and dimensions of the natural streambed. The premise of stream simulation is that, since the simulation has very similar physical characteristics to the natural channel, aquatic species should experience no greater difficulty moving through it. Water depths and velocities are as diverse as those in a natural channel, providing passageways for all swimming or crawling aquatic species.

This new manual will be very valuable to help us all advance our knowledge of this important topic, and it is essential that stakeholders throughout New England participate in order for it to have widespread utility and acceptance. We are currently working on establishing committees and work groups. As time allows, this could involve providing a simple review as a member of our Technical Committee or lending your expertise to assist with its development. Our plan is to take advantage of an excellent existing resource by modifying the 2008 U.S. Forest Service manual, “Stream Simulation - An Ecological Approach to Providing Passage for Aquatic Organisms at Road-Stream Crossings.” See www.fs.fed.us/eng/php/eng_search.php?category=Program&srchword=Engineering.

If you would like to play a role in developing this manual or have any questions, please contact Greg Penta at gregory.r.penta@usace.army.mil or (978) 318-8862.

For more information, contact Greg Penta, Regulatory Division, New England District Corps of Engineers696 Virginia Road, Concord, MA 01742-2751

For additional resources on stream-crossing, visit the following links: Biologically Sound Stream Crossings, by Scott Jackson http://www.aswm.org/swp/jackson.pdf

Massachusetts Stream-Crossings Handbook http://www.nae.usace.army.mil/reg/Riverways%20Program%20Stream%20Crossings%20Handbook.pdf

US FWS -Ashland NFWCO (Midwest) - Planning and Designing Fish Friendly Stream Crossings http://www.fws.gov/midwest/Fisheries/StreamCrossings/index.htm Stream Continuity Project (University of Massachussets, Amherst) http://www.streamcontinuity.org/

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Wetland News Staff

Jeanne Christie, Assistant Editor

Sharon Weaver, Web Lay-out, Design

Laura Burchill, Proof-reader

Leah Stetson, Editor, Design

Copyright Association of State Wetland Managers July 2009 http://www.aswm.org

on New Mexico’s scenic vistas and how time and seasonal changes affect those places.

Richard Gitar, Fond du Lac Reservation - Office of Water Protection

Rick is a Water Regulatory Specialist for the Fond du Lac Reservation - Office of Water Protection (located in Northeastern Minnesota). Rick began working as a Wetland Specialist for the reservation in 1998, developing a Wetland Protection and Conservation Plan, as well as up-dating their National Wetland Inventory dataset on GIS. Since then, his duties have increased to include the development of a wetland regulatory program, developing a Clean Water Act (CWA) Section 401 Tribal Water Quality Certification program (based on EPA approved Tribal Water Quality Standards), and oversight of the CWA Section 402 National Pollutant Discharge Elimination System (NPDES) on the reservation.

Rick has been a member of the Association of State Wetland Managers since 2001. He also serves as a Board Member and Habitat Committee Chairman of the St. Louis River Citizens Action Committee (CAC), which conducts and/or coordinates numerous restoration projects in the lower St. Louis River area (communities of Duluth, Minnesota and Superior, Wisconsin). He has also served on numerous local, state and national workgroups and committees in the areas of wetlands, invasive plant species, and storm water management. Rick was a recipient of a 2009 National Wetlands Award from the Environmental Law Institute.

Rick completed a B.S. in Biology and Journalism (double major) from the University of Wisconsin - Superior (UWS) in 1992. While working as an instructor for UWS (1993-1997), Rick worked on a M.S. in Environmental Biology at the University of Minnesota - Duluth. At the same time, he also operated his own environmental consulting company, which specialized in rare plant surveys and wetland mitigation monitoring.

In his spare time, Rick enjoys camping, fishing, canoeing, trail building (for the Superior Hiking Trail system), or just spending time at home with his wife, two children, two dogs, two cats and one bird in Duluth, Minnesota.

Board Elections, continued from p. 5