United States Environmental Protection Agency
Office of Wetlands, Oceans and Watersheds
1 Washington, D.C. 20460
Jj
3
United States Department of the Army
U.S. Army Corps of Engineers
Washington, D.C. 20314
• • NOV 2 8 1995
MEMORANDUM TO THE FIELD - Corps and EPA Regulatory Program Chiefs
SUBJECT: Application of Best Management Practices to Mechanical Silvicultural Site
Preparation Activities for the Establishment of Pine Plantations in the
Southeast
This memorandum1 clarifies the applicability of forested wetlands best
management practices to mechanical silvicultural site preparation activities for the
establishment of pine plantations in the Southeast Mechanical silvicultural site
preparation activities? conducted in accordance with the best management practices
discussed below, which are designed to minimize impacts to the aquatic ecosystem, will
not require a Clean Water Act Section 404 permit These best management practices
further recognize that certain wetlands should not be subject to'unpermitted mechanical
silvicultural site preparation activities because of the adverse nature of potential impacts
associated with these activities on these sites.
This memorandum recognizes State expertise that is reflected in the development
and implementation of regionally specific best management practices (BMPs) associated
with forestry activities in wetlands. Such BMPs encourage sound silvicultural operations
while providing protection of certain wetlands functions and values. The U.S. Army
Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA)
believe that it is appropriate to apply the Clean Water Act Section 404 program in a
manner that builds from, and is consistent with, this State experience. The Agencies will
support and assist State efforts to build upon these BMPs at the State level, to ensure
that mechanical silvicultural site preparation is conducted in a manner that best reflects
the specific wetlands resource protection and management goals of each State.
1This guidance is written to provide interpretation and clarification of existing EPA and
Corps regulations and does not change any substantive requirements of these regulations.
This memorandum is further intended to provide clarification regarding the exercise of
discretion under current agency regulations.
2Mechanical silvicultural site preparation activities include shearing, raking, ripping,
chopping, windrqwing, piling, and other similar physical,methods used to cut, break apart, or
move logging debris following harvest forthe establishment of pine plantations.
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Introduction
Forested wetlands exhibit a wide variety of water regimes, soils, and vegetation
types that in turn provide a myriad of functions and values. The States in the Southeast
contain forested wetlands systems that hi many cases are also subject to ongoing timber
operations. In developing silvicultural BMPs, States have identified those specific
forestry practices that will protect water quality. This guidance was developed to
respond to questions regarding the applicability of Section 404 to mechanical silvicultural
site preparation activities. EPA and the Corps relied extensively on existing State
knowledge to protect aquatic ecosystems with BMPs, including the types of wetlands,
types of activities, and BMPs described below.
This memorandum reflects information gathered from the southeastern United
States, where mechanical silvicultural site preparation activities are associated with the
establishment of pine plantations in wetlands.3 As such, this memorandum, and
particularly the descriptions of wetlands, activities, and BMPs, necessarily focus on this
area of the country. However, the guidance presented is generally applicable when
addressing mechanical silvicultural site preparation activities in wetlands elsewhere in the
country.
Circumstances Where Mechanical Silvicultural Site Preparation Activities Require a
Permit
The States, in coordination with the forestry community and the public, have
recognized that mechanical silvicultural site preparation activities may have measurable
and significant impacts on aquatic ecosystems when conducted in wetlands that are
permanently flooded, intermittently exposed, and semi-permanently flooded, and in
certain additional wetland communities that exhibit aquatic functions and values that are
more susceptible to impacts from these activities. For the wetland types identified in
this section, it is most effective to evaluate proposals for site preparation and potential
associated environmental effects on a case-by-case basis as part of the individual permit
process. Therefore, mechanical silvicultural site preparation activities in the areas listed
below require a permit4
A permit will be required in the following areas unless they have been so altered
through past practices (including the installation and continuous maintenance of water
management structures) as to no longer exhibit the distinguishing characteristics
described below (see "Circumstances Where Mechanical Silvicultural Site Preparation
Information was considered from the following States in the Southeast: Virginia, North
Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana,
and Arkansas.
s
4 The community descriptions draw extensively from: Schafale, M.P., andA.S. Weakley.
1990. Classification of the Natural Communities of North Carolina. North Carolina Natural
Heritage Program, Raleigh, NC. 325pp.
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Activities Do Not Require a Permit" below). Of course, discharges incidental to
activities in any wetlands that convert waters of the United States to non-waters always
require authorization under Clean Water Act Section 404.
1) Permanently flooded, intermittently exposed, and semi-permanently flooded
wetlands. The hydrology of permanently flooded wetland systems is characterized by
water that covers the land surface throughout the year in all years. The hydrology of
intermittently exposed wetlands is characterized by surface water that is present
throughout the year except in years of extreme drought The hydrology of semi-
permanently flooded wetlands is characterized by surface water that persists throughout
the growing season in most years and, when it is absent, the water table is usually at or
very near the land surface.5 Examples typical of these wetlands include Cypress-Gum
Swamps, Muck and Peat Swamps, and Cypress Strands/Domes.
i
2) Riverine Bottomland Hardwood wetlands: seasonally flooded (or wetter)
bottomland hardwood wetlands within the first or second bottoms of the floodplains of
river systems. Site-specific characteristics of hydrology, soils, vegetation, and the
presence of alluvial features elaborated in paragraphs a, b, and c below will be
determinative of the boundary of riverine bottomland hardwood wetlands. National
Wetlands Inventory maps can provide a useful reference for the general location of these
wetlands on the landscape.
a) the hydrologic characteristics included in this definition refer to
seasonally flooded or wetter river floodplain sites where Overbank flooding has
resulted in alluvial features such as well-defined floodplains, bottoms/terraces,
natural levees, and backswamps. For the purposes of this guidance definition,
"seasonally flooded" bottomland hardwood wetlands are characterized by surface
water that is present for extended periods, especially early in the growing season6
(usually greater than 14 consecutive days), but is absent by the end of the season
in most years. When surface water is absent, the water table is often near the
land surface. Field indicators of the presence of surface water include water-
stained leaves, drift lines, and water marks on-~trees.
b) the vegetative characteristics included in this definition refer to forested
wetlands where hardwoods dominate the canopy. For the purposes of this
guidance definition, riverine bottomland hardwoods do not include sites in which
greater than 25% of the canopy is pine.
5Cowardin, L.M., et al 1979. Classification of wetlands and deepwater habitats of the
United States. U.S. Fish and WUdlife Service, Washington, DC. 131pp.
"Consistent with the 1987 Corps of Engineers Wetlands Delineation Manual, growing
season starting arid ending dates are determined by the 28 degrees F or lower temperature
threshold.
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c) the soil characteristics included in this definition refer to listed hydric f"
soils that are poorly drained or very poorly drained. For the purposes of this
guidance definition, riverine bottomland hardwoods do not include sites with
hydric soils that are somewhat poorly drained or that, at a particular site, do not
demonstrate chroma, concretions, and other field characteristics verifying it as a
hydric soil.
3) White Cedar Swamps: wetlands, greater than one acre in headwaters and
greater than five acres elsewhere, underlain by peat of greater than one meter, and
vegetated by natural white cedar representing more than 50% of the basal area, where
the total basal area for all tree species is 60 square feet or greater.
4) Carolina Bay wetlands: oriented, elliptical depressions with a sand rim, either
a) underlain by clay-based soils and vegetated by cypress; or, b) underlain by peat of
greater than one-half meter and typically vegetated with an overstory of Red, Sweet, and
Loblolly Bays.
5) Non-riverine Forest Wetlands: wetlands in this group are rare, high quality wet
forests, with mature vegetation, located on the Southeastern coastal plain, whose
hydrology is dominated by high water tables. Two forest community types fall into this
group:7
a) Non-riverine Wet Hardwood Forests — poorly drained mineral soil
interstream flats (comprising 10 or more contiguous acres), typically on the
margins of large peatldnd areas, seasonally flooded or saturated by high water
tables, with vegetation dominated (greater than 50% of basal area per acre) by
swamp chestnut oak, cherrybark oak, or laurel oak alone or in combination.
b) Non-riverine Swamp Forests ~ very poorly drained flats (comprising 5
or more contiguous acres), with organic "soils or mineral soils with high organic
content, seasonally to frequently flooded or saturated by high water tables, with
vegetation dominated by bald cypress, pond cypress, swamp tupelo, water tupelo,
or Atlantic white cedar alone or in combination.
The term "high quality" used in this characterization refers to generally undisturbed
forest stands, whose character is not significantly affected by human activities (e.g., forest
management). Non-riverine Forest wetlands dominated by red maple, sweetgum, or
loblolly pine alone or hi combination are not considered to be of high quality, and
therefore do not require a permit
6) Low Pocosin wetlands: central, deepest parts of domed peatlands on poorly
drained interstream flats, underlain by peat soils greater than one meter, typically
vegetated by a dense layer of short shrubs.
7These forest types are a subset of those described in Schafak and Weakley, 1990.
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7) Wet Marl Forests: hardwood forest wetlands underlain with poorly drained
marl-derived, high pH soils.
8) Tidal Freshwater Marshes: wetlands regularly or irregularly flooded by
freshwater with dense herbaceous vegetation, on the margins of estuaries or drowned
rivers or creeks.
9) Maritime Grasslands, Shrub Swamps, and Swamp Forests: barrier island
wetlands in dune swales and flats, underlain by wet mucky or sandy soils, vegetated by
wetland herbs, shrubs, and trees.
Circumstances Where Mechanical Silvicultural Site Preparation Activities Do Not
Require a Permit; ..
Mechanical silviculture! site preparation activities in wetlands that are seasonally
flooded, intermittently flooded, temporarily flooded, or saturated, or in existing pine
plantations and other silvicultural sites (except as listed above), minimize impacts to the
aquatic ecosystem and do not require a permit if conducted according to the BMPs
listed below. Of course, silvicultural practices conducted in uplands never require a
Clean Water Act Section 404 permit
The hydrology of seasonally flooded wetlands is characterized by surface water
that is present for extended periods, especially carry in the growing season, but is absent
by the end of the season in noiost years (when surface water is absent, the water table is
often near the surface). The hydrology of intermittently flooded wetland systems is
characterized by substrate that is usually exposed, but where surface water is present for
variable periods without detectable seasonable periodicity. The hydrology of temporarily
flooded wetlands is characterized by surface water that is present for brief periods during
the growing season, but also by a water table that usually lies well below the soil surface
for most of the season. The hydrology of saturated wetlands is characterized by
substrate that is saturated to the surface for extended periods during the growing season,
but also by surface water that is seldom present8 Examples typical of these wetlands
include Pine Flatwoods, Pond Pine Woodlands, and Wet Flats (e.g., certain
pine/hardwood forests).
Best Management Practices
Every State in the Southeast has developed BMPs for forestry to protect water
quality and all but two have also developed specific BMPs for forested wetlands. These
BMPs have been developed because silvicultural practices have the potential to result in
impacts to the aquatic ecosystem. Mechanical silvicultural site preparation activities
include shearing, raking, ripping, chopping, windrowing, piling, and other similar physical
methods used to cut break apart, or move logging debris following harvest Impacts
such as soil compaction, turbidity, erosion, and hydrologic modifications can result if not
"Cowardin et aL, 1979.
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effectively controlled by BMPs. States have developed BMPs that address not only types
of wetlands and types of activities, but also detail specific measures to protect water
quality through establishing special management zones, practices for stream crossings,
and practices for forest road construction.
In.developing forested wetlands BMPs, States in the Southeast have recognized
that certain silvicultural site preparation techniques are more effective when conducted
in areas that have drier water regimes. The BMPs stated below represent a composite
of State expertise to protect water quality from silvicultural impacts. These BMPs also
address the location, as well as the nature, of activities. The Corps and EPA believe
that these forested wetlands BMPs are effective in protecting water quality and therefore
are adopting them to protect these functions and values considered under Section 404.
The following forested wetlands BMPs are designed to minimize the impacts
associated with mechanical silvicultural site preparation activities in circumstances where
these activities do not require a permit (authorization from the Corps is necessary for
discharges associated with silvicultural site preparation in wetlands described above as
requiring a permit9). The BMPs include, at a minimum, the following:
1) position shear blades or rakes at or near the soil surface and windrow, pile,
and otherwise move logs and logging debris by methods that minimize dragging or
pushing through the soil to minimize soil disturbance associated with shearing,
raking, and moving trees, stumps, brush, and other unwanted vegetation;
2) conduct activities in such a manner as to avoid excessive soil compaction and
maintain soil tilth;
3) arrange windrows in such a manner as to limit erosion, overland flow, and
runoff; '
*ii -.~-
4) prevent disposal or storage of logs or logging debris in streamside management
zones — defined areas adjacent to streams, lakes, and other waterbodies — to
protect water quality;
5) maintain the natural contour of the site and ensure that activities do not
immediately or gradually convert the wetland to a non-wetland; and
5 ,
6) conduct activities with appropriate water management mechanisms to minimize
off-site water quality impacts.
9Contact the nearest Corps District listed at the end of this document for further
information.
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Implementation
EPA and the Corps will continue to work closety with State forestry agencies to
promote the implementation of consistent and effective BMPs that facilitate sound
silvicultural practices. In those States where no BMPs specific to mechanical silvicultural
site preparation activities in forested wetlands are currently in place, EPA and the Corps
will coordinate with those States to develop BMPs. In the interim, mechanical
silvicultural site preparation activities conducted in accordance with this guidance will
not require a Section 404 permit
In order to ensure consistency in the application of this guidance over time,
changes to the vegetation of forested wetlands associated with human activities
conducted after the issuance of this guidance will not alter its applicability. For example,
this guidance is not intended to establish the requirement for a permit for mechanical
silvicultural site preparation where tree harvesting results in the establishment of site
characteristics for which a permit would otherwise be required (e.g., where the selective
cutting of naturally occurring pine in a Riverine Bottomland Hardwood wetland site with
originally greater than 25% pine in the canopy results in a site "where hardwoods
dominate the canopy1). In a similar manner, while harvesting of timber consistent with
the requirements of Section 404(f) is exempt from regulation and natural changes (e.g.,
wildfire, succession) may change site characteristics, human manipulation of the
vegetative characteristics of .a;site does not alter its status for the purposes of this
guidance (e.g., removal of all the Atlantic White Cedar in an Atlantic White Cedar
Swamp does not eliminate the need for a permit for mechanical silvicultural site
preparation if the area would, have required a permit before the removal of the trees).
Finally, the Agencies will encourage efforts at the State level to identify additional
wetlands which may be of special concern and could be incorporated into State BMPs
and cooperative programs, initiatives, and partnerships to protect these wetlands. To
facilitate this effort, stakeholders are encouraged-to develop a process after the issuance
of this guidance to identify and protect unique and rare wetland sites on lands of the
participating stakeholders. EPA and the Corps will monitor the application of this
guidance, progress with conserving special wetland sites through cooperative programs
and initiatives, and consider any new information, such as advances in silvicultural
practices, improvements to State BMPs, or data relevant to potential impacts to
wetlands, to determine whether the list of wetlands subject to the permit requirement
should be modified or other revisions to this guidance are appropriate.
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Further Information
The Corps and EPA will work closely with the States, forestry community, and
public to answer any questions that may arise with regard to this guidance. For further
information on this memorandum, please contact Mr. John Goodin of EPA's Wetlands
Division at (202) 260-9910 or Mr. Sam Collinson of the Corps of Engineer's Regulatory
Branch at (202) 761-0199. The public may also contact:
EPA Region IV
EPA Region VI
EPA Region HI
Corps Wilmington District
Corps Charleston District
Corps Savannah District
Corps Jacksonville District
Corps Norfolk District
Corps Mobile District
Corps Little Rock District
Corps Memphis District
Corps Nashville District
Corps New Orleans District
Corps Vicksburg District
Tom Welbora
Bill Cox
Barbara D'Angelo
Wayne Wright
Bob Riggs
Nick Ogden
John Hall
Woody Poore
Ron Krizman
Louie Cockman
Larry Watson
Randy Castleman
Ron Ventola
Beth Guynes
(404) 347-3871 ext6507
(214) 665-6680
(215) 597-9301
(910) 251-4630
(803) 727-4330
(912) 652-5768
(904) 232-1666
(804) 441-7068
(334) 690-2658
(501) 324-5296
(901) 544-3471
(615) 736-5181
(504) 862-2255
(601) 631-5276
Robert H. Wajfland, TU
Director, Office of Wetlands, Oceans,
and Watersheds
U.S. Environmental Protection Agency
Michael L, Davis
Chief, Regulatory Branch
U.S. Army Corps of Engineers
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