United States	  ,
             Environmental Protection
             Agency
  Office of Water,
" Office of Wetlands,
  Oceans and Watersheds (4502 F)
EPA843-F-95-001
February 1995
            Wetlands Fact  Sheets
> f If you want copies of these fact sheets, call
-';\the EPA Wetlands Information Hotline at ;
;  1-800-832-7828 (contractor operated).	

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  Fact Sheets
  Table  of Contents
Introductory Information
   l
   2
   3
   4
   5
   6
        Wetlands Protection - Overview
        Values and Functions of Wetlands
        Consequences of Losing or Degrading Wetlands
        Economic Benefits of Wetlands
        Facts About Wetlands
        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  EPA's 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
at 1-800-832-7828 (contractor operated).

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                 United States
                 Environmental Protection
                 Agency
Office of Water,
Office of Wetlands,
Oceans and Watersheds (4502 F)
EPA843-F-95-001a
February 1995
0   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 T.V. and radio
 news and talk shows.
Reprinted with permission. Jerry L. Barrnett, The Indianapolis News
                                     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
                                                           of wetlands have historically competed with their
                                                           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
                                                           rare species.  They filter runoff and adjacent surface
                                                           waters to protect the quality of our lakes, bays and
                                                           rivers. Wetlands also protect many of our sources of
                                                           drinking water. They are the source of many com-
                                                           mercially and recreationally valuable species of fish,
                                                           shellfish and  wildlife. They retain flood waters and
                                                           protect shorelines from erosion.
                                    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
                                    specific information are listed and the EPA WETLANDS INFORMATION
                                    HOTLINE (contractor operated) is there for everyone.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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 vvEPA
                 United States
                 Environmental Protection
                 Agency
             Off ice of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
                EPA843-F-95-001b
                February 1995
       Values and  Functions  of Wetlands
 Wetlands provide many benefits,
 including food and habitat for fish
 and wildlife} flood protection; shore'
 line erosion control; natural products
 for human use; water quality im-
 provement; and opportunities for
 recreation, education, and research.
   Wetlands Suppor^
   Many  Species
   Wetlands produce great volumes
   of food as leaves and stems break
   down in the water; this enriched
   material is called detritus.
  Detritus is food for insects,
  shellfish, and forage fish, and it
  provides nutrients for wetlands
  plants and algae.
  Recreational fish such as bluefish
  and striped bass, as well as
  mammals, reptiles, and amphib-
  ians, eat aquatic invertebrates
  and forage fish. Wetlands plants
  provide shelter and food to
  diverse species.
  Ecological Benefits

  Wetlands are among the most biologi-
  cally productive natural ecosystems in
  the world. They can be compared to
  tropical rain forests and coral reefs in
  the diversity of species they support.

  Wetlands are vital to the survival of
  various animals and plants, including
  threatened and endangered species
  like the wood stork, Florida panther,
 and whooping crane. The U.S. Fish
 and Wildlife Service estimates that up
 to 43% of the threatened and endan-
 gered species rely directly or indirectly
 on wetlands for their survival. For
 many other species, such as the wood
 duck, muskrat, and swamp  rose,
 wetlands are primary habitats. For
 others, wetlands provide important
 seasonal habitats where food, water,
 and cover are plentiful.


 Wetlands and  People

 Because wetlands are so productive
 and because they greatly influence the
 flow and quality of water, they are
 valuable to us.

 Wetlands furnish a wealth of natural
 products, including fish, timber, wild
 rice, and furs. For example, in the
 Southeast, 96% of the commercial
 catch and over 50% of the recreational
 harvest are fish and shellfish that
 depend on the estuary-coastal wet-
 lands system. Waterfowl hunters
 spend over $600 million annually in
 pursuit of wetlands-dependent birds.

 Wetlands often function like natural
 tubs or sponges, storing water (flood-
water, or surface water that collects in
 isolated depressions) and slowly
releasing it.  Trees and other wetland
 vegetation help slow floodwaters.
 This combined action, storage and
 slowing, can lower flood heights and
 reduce the water's erosive potential.
 Wetlands thus —
 « reduce the likelihood of flood
   damage to crops in agricultural
   areas
 • help control increases in the rate
   and volume of runoff in urban areas
 • buffer shorelines against erosion.

 Wetlands help improve water quality,
 including that of drinking water, by
 intercepting surface runoff and
 removing or retaining its nutrients,
 processing organic wastes, and reduc-
 ing sediment before it reaches open
 water.

Wetlands provide opportunities for
popular activities such as hiking,
fishing, and boating. For example, an
estimated 50 million people spend
approximately $10 billion each year
observing and photographing wet-
lands-dependent birds.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502F)
              EPA843-F-95-001c
              February 1995
        Consequences of Losing or Degrading
        Wetlands                              &              6           5
 Losing or degrading wetlands can
 lead to serious consequences, such as
 increased flooding, extinction of
 species, and decline in water quality.
 We can avoid these consequences by
 maintaining the valuable wetlands
 we have and restoring wetlands
 where possible.
 Increased Flooding        Damage to Species
 If wetlands are lost or degraded, we
 lose their ability to control flooding.
 (See Fact Sheet #2.)

 For example, based on a 1972 study
 comparing parts of the Charles River
 in Massachusetts, the U.S. Army
 Corps of Engineers determined that
 the loss of 8,422 acres of wetlands near
 Boston within the Charles River Basin
 would have resulted in annual flood
 damage of over $17 million. For this
 reason, the Corps of Engineers elected
 to preserve the wetlands instead of
 constructing extensive flood control
facilities. (Source:  Army Corps of
Engineers. 1976.  Water Resources
Development Plan, Charles River
Watershed, Massachusetts.  Corps, New
England Division, Waltham, MA.)
 Because many species depend on
 wetlands, whatever harms wetlands
 harms these species. For example, the
 well-being of waterfowl populations is
 tied directly to the status and abun-
 dance of wetland habitats.

 Populations of mallard and northern
 pintail ducks in North America have
 declined since 1955 (see graph). The
 loss and degradation of wetlands is one
 of the major causes for the decline. In
 1994 duck populations had increased
 by 24% over the 1993 estimate and
 were  the highest since 1980. Scien-
 tists believe that improved wetland
conditions and increased cover on
Conservation Reserve Program lands
may be major factors in this increase.
(Source: U.S. Fish and Wildlife
                                 Decline in Duck Population: 1955-1994
                           12000
                                 '55 '57 '59 '61 '63 '65 '67 '69 '71 '73 '75 '77 '79 '81 '83 '85 '87 '89 '91 '93
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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Service, Office of Migratory Bird
Management. 1994. Waterfowl
Population Status 1994. U.S. Govern-
ment Printing Office, Washington,
DC.)

Degraded wetlands may not be able to
support species that make their homes
there.  Wetlands in the Kesterson
National Wildlife Refuge were
continuously flooded with irrigation
return flow that had high concentra-
tions of selenium. As a result, large-
mouth and striped bass and catfish
disappeared from the refuge in 1982.
In the spring of 1983, eggs from water
birds at the site hatched less frequently
and had more deformities in the
embryos. (Source: Harris, T. 1991.
Death in the Marsh. Island Press,
Washington DC.)

Overlogging of mature U.S. bottom-
land hardwood forests is believed to
have caused the extinction of the
Ivory-Billed Woodpecker, North
America's largest woodpecker.
(Source: Gosselink et al., eds.  1990.
Ecological Processes and Cumulative
Impacts. Lewis Publishing, Chelsea,
MI.)

Loss in Water Quality

Destroying or degrading wetlands
results in lower water quality. For
example, forested wetlands reduce
nutrient loading into water bodies
such as the Chesapeake Bay. Forested
riparian (streamside) wetlands in
predominantly agricultural watersheds
have been shown to remove approxi-
mately 80% of the phosphorous and
90% of the nitrogen from the water. If
wetlands, however, do not perform this
function, results will include an
increase in undesirable weed growth
and algae blooms. When the algal
blooms decompose, large amounts of
oxygen are used up, depriving fish and
other aquatic organisms. Algal blooms
are a major cause offish kills.
 For more information, contact the EPA Wetlands Information Hotline
 at 1-800-832-7828 (contractor operated).    .

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  v>EPA
                 United States
                 Environmental Protection
                 Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
                EPA843-F-95-001 d
                February 1995
        Economic  Benefits  of Wetlands
  Wetlands contribute to the national
  economy by producing resources and
  commodities and providing other
  benefits. Because of the diversity of
  'wetland types and locations, measur-
  ing all their benefits is difficult, even
  for a specific type of wetland. This
  fact sheet discusses some site-specific
  studies,  but remember that each
  study measures only one or a few of
  the benefits.
 Wetlands Yield Fish for
 the Nation

 Wetlands are important spawning and
 nursery areas and provide plant food
 for commercial and recreational fish
 and shellfish industries.

 In 1991, the dockside value offish
 landed in the United States was $3.3
 billion, which served as the basis of a
 $26.8 billion fishery processing and
 sales industry, which in turn employs
 hundreds of thousands of people. An
 estimated 71% of this value is derived
 from fish species that during their life
 cycles depend directly or indirectly on
 coastal wetlands.  For example,
 Louisiana's marshes alone produce an
 annual commercial fish and shellfish
 harvest of 1.2 billion pounds worth
 $244 million in 1991.


 Wetlands Provide
 Recreational
 Opportunities

 More than half of all U.S. adults (98
 million people) hunt, fish, birdwatch,
 or photograph wildlife.  These activi-
 ties, which rely on healthy wetlands,
 added an estimated $59.5 million to
 the national economy in 1991.
 Individual States likewise gain
economic benefits from recreational
opportunities in wetlands that attract
visitors from other States.
 Source: U.S. Congress, Office of
 Technology Assessment. 1993.
 Preparing for an Uncertain Climate. Vol.
 II, OTA-O-568, U.S. Government
 Printing Office, Washington, DC.


 Wetlands  Improve
 Water Quality

 Wetlands help stop pollutants from
 entering receiving waters.  For ex-
 ample, the wetlands of the Congaree
 Bottomland Hardwood Swamp in
 South Carolina remove sediment and
 toxic substances and remove or filter
 excess nutrients.  The least cost
 substitute for these wetlands benefits
 would be a water treatment plant
 costing $5 million (in 1991 dollars) to
 construct, and additional money would
 be needed to operate and maintain
 the plant.


 Wetlands Help Control
 Floods

 The Minnesota Department of Natural
 Resources has computed a cost of $300
 to .replace, on average, each acre-foot
 of flood water storage.  In other words,
 if development eliminates a one-acre
 wetland that naturally holds 12 inches
 of water during a storm, the replace-
 ment cost would be $300. The cost to
 replace the.5,000 acres of wetlands lost
annually in Minnesota would be $1.5
million (in 1991 dollars).
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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   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: Htckman, C.A. 1977.
   "Forested Wetland Trends in the
   United States: An Economic Perspec-
   tive," Forest Ecology and Management
   33(34), 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
o
O
250


200


ISO


100


 50
                            Sport Fishing
                            Recreation
                            Hunting
                            Fur Trapping
                            Commercial Fishing
             A   B    C   D   E
    For more information, contact the EPA Wetlands Information Hotline
    at 1-800-832-7828 (contractor operated).

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                 United States
                 Environmental Protection
                 Agency     .    .     '
             Office of Water,
            : Office of Wetlands,
             Oceans and Watersheds (4502F)
                EPA843-F-95-001e
                February 1995
         Facts  about Wetlands
 Over half (53%) of the wetlands in      Percentage of Wetlands Acreage Lost, 1780s-1980s
 the lower 48 States were lost between
 the late 1700s and the mid-1980s.
 About 100 million acres of wetlands
 remain today in the lower 48 States,
 representing less than 5% of the land
 mass in the continental United
 States.  (See map.)
 Source: Dahl and Johnson. Status and
 Trends of Wetlands in the Conterminous
 United States. USFWS, 1989.
Twenty-two States have lost at least
50% of their original wetlands. Seven
of those twenty-two States — Califor-
nia, Illinois, Indiana, Iowa, Missouri,
Kentucky, and Ohio — have lost more
than 80% of their original wetlands.
Source: Mitch and Gosselink:
Wetlands. 2nd edition. Van Nostrand
Reinhold, 1993.

From the  mid-1970s to the mid-1980s,
wetlands were lost at an annual rate of
290,000 acres per year.
Source: Dahl and Johnson. Status and
Trends of Wetlands in the Conterminous
United States, Mid-1970's to Mid-
1980's.  USFWS, 1991.
 In.Fiscal Year 1994, over 48,000
 people applied to the Army Corps of
 Engineers (Corps) for a. Section 404
 permit. Eighty-two percent of these
 applications were covered by general
 permits in an average time of 16 days.'
 'Less than ten percent of the applica-
 tions were subject to the more detailed
 individual evaluation —which took an
 average of 12.7 days* Only 358, or 0.7
 percent, of the permits were denied.
 In the 22-year history of the Section
 404 program^ EPA has vetoed only 11
 permits.

 In short, almost all individuals who
 applied for a Section 404 permit in
 1994 got their permits, and the
 average time for a decision was 27
 daysl

 In addition, general permits cover an
.estimated .50,000 activities that do not
require the public to notify the Corps
at all.      .
Source: U.S. Army Corps of Engi-
neers, U.S. Environmental Protection
Agency.
 Is Current Wetlands
 Protection Adequate?

 In a 1994 survey, 53% of the respon-
 dent said they felt ..that more wetlands
 protection efforts were needed, 24%
 said current efforts struck the right
 balance, 9% said these efforts had gone
 too far, and 14% said they didn't know.
 Source:  "Times Mirror Magazines
National Environmental Forum
Survey." 1994. Times Mirror Maga-
zines/Roper Starch.  .
Too Mfich Effort
         9%
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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  >>EPA
                United States
                Environmental Protection
                Agency
      Office of Water,
      Office of Wetlands,
      Oceans and Watersheds (4502 F)
                                         EPA843-F-95-001f
                                         February 1995
         Wetland  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
  And grasses straightly withdrawn
  From graven ripples of sands.
  The still blue heron stands.

  "The Blue Heron" by Theodore
  Goodridge Roberts
           4,
V
eor
                      ]•£

                    -rha/i
                                   13W A
                                 •J
                                             *
                                  ere? Ce.acr\
                                January
                                   +h/r
                                        wind stirs on the great marsh.  With almost imperceptibk
                               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 1-800-832-7828 (contractor operated).

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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, Ufe'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 man.

 • Paul L. Errington, "Of Men and Marshes"
   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
   want hurt.
   Save The Wetlands
  For more information, contact the EPA Wetlands Information Hotline
  at 1-800-832-7828 (contractor operated).

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 vvEPA
                 United States
                 Environmental Protection
                 Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
               EPA843-F-95-001g
               February 1995
       The Administration Wetlands  Plan:
        An  Update
 Wetlands protection—especially the
 Federal regulatory program under
 Section 404 of the Clean Water
 Act—has been controversial over the
 past few years.  Much continues to
 be said about the Federal regulation
 of wetlands, but what is really
 happening?
 Shortly after coining into office, the
 Clinton Administration convened an
 interagency working group to address
 legitimate concerns with Federal
 wetland policy.

 After hearing from States, developers,
 farmers, environmental interests,
 members of Congress, and scientists,
 the working group developed a
 comprehensive, 40-point plan to
 enhance wetland protection while
 making wetland regulations more fair,
 flexible, and effective. This plan was
 issued on August 24, 1993.

 The Clinton Administration's Plan
 emphasizes improving Federal wet-
 lands policy by
 • streamlining wetlands permitting
  programs

 • increasing cooperation with private
  landowners to protect and restore
  wetlands

• basing wetland protection on good
  science and sound judgment

• increasing participation by States,
  Tribes, local governments, and the
  public in wetlands protection.
 Accomplishments

 The Clinton Administration has
 already taken a number of actions to
 implement the Wetlands Plan,
 including—
 • clarified, through regulation, that
   prior converted croplands are not
   wetlands under both the
   Swampbuster and Clean Water Act
   programs

 • issued policies that have increased
   flexibility in wetland permitting
   and reduced burdens on permit
   applicants

 • given USDA the responsibility for
   identifying all wetlands on agricul-
   tural lands for both the Swampbuster
   and Clean Water Act programs

 •  made it easier for permit applicants
   to use mitigation "banks"

 •  allowed for greater flexibility in
   permitting requirements in Alaska,
   due to the unique circumstances.in
   that State

 •  authorized New Jersey to operate its
   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).

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Next Steps
These efforts are only the first steps
that the Clinton Administration is
taking to reduce the burden of Federal
wetlands regulations, to minimize
Federal overlap, and to encourage
greater participation by State, Tribal
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.
Further Information

A copy of the Administration Wet-
lands Plan titled "Protecting America's
Wetlands: A Fair, Flexible, and
Effective Approach" may be requested
from the EPA Wetlands Information
Hotline (contractor operated).
  For more information, contact the EPA Wetlands Information Hotline
  at 1-800-832-7828 (contractor operated).

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                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
              EPA843-F-95-OOlh
              February 1995
        NRCSto  Identify  Agricultural  Wetlands
 Four Federal agencies involved in
 wetlands protection have agreed to
 recognize the Natural Resources
 Conservation Service (NCRS)
 (formerly the Soil Conservation
 Service) as the lead agency for
 identifying wetlands on agricultural
 lands. Farmers can now rely on a
 single wetlands determination by the
 NCRS for both the Clean Water Act
 Section 404 program and the Food
 Security Act (Farm Bill)
 Swampbuster program. This will
 simplify procedures for farmers by
 allowing one evaluation for both
 programs. The EPA, the Army Corps
 of Engineers (Corps), the NRCS, and
 the Fish and Wildlife Service signed a
 memorandum of agreement on
 January 6,  1994, which outlines this
 approach.
What Lands are
Included?

The NRCS will identify wetlands on
agricultural lands. For this purpose,
"agricultural lands" means those lands
intensively used and managed for the
production of food or fiber to the
extent that the natural vegetation has
been removed and therefore does not
provide reliable indicators of wetland
vegetation. Areas that meet this
definition may include intensively
used and managed cropland, hayland,
 pasture land, orchards, vineyards, and
 areas which support wetland crops
 (e.g., cranberries, taro, watercress,
 rice).

 Other types of land (e.g., range lands,
 forest lands, woodlots, tree farms)
 generally will continue to be evaluated
 by the Corps, using the 1987 Corps
 Wetland Delineation Manual. However,
 there are two exceptions to this:
 (1) NRCS may do wetland delinea-
 tions on non-agricultural lands that
 occur as small inclusions within
 agricultural lands, and on lakes, ponds,
 and streams that occur on agricultural
 lands; and (2) NRCS will be the lead
 Federal agency for delineating wet-
 lands on non-agricultural lands where
 the delineation is requested by the
 landowner/operator who is a USDA
 program participant.  (NRCS will give
 the Corps or EPA the opportunity to
 review these delineations before
 making the delineation final.)


 How Does This
 Improve Procedures?

 Under this agreement, farmers will be
 able to rely on NRCS wetland delinea-
 tions for determining the extent of
 wetlands under both the Farm Bill
 Swampbuster program and Section
 404 of the Clean Water Act. For-
 merly, a farmer received a wetland map
 from the NRCS for Swampbuster
 purposes only. If that farmer needed a
 Section 404 permit, the EPA and the
Corps required an additional wetland
delineation. The agreement elimi-
nates this duplication of effort and
gives the farmer one wetland determi-
nation from the Federal government.
What Does  Not
Change?

The Section 404 permitting process
does not change. EPA and the Corps
will continue to administer the
Section 404 program. In addition, the
Section 404(f) exemptions for the
continuation of ongoing, normal
farming practices remain in effect (see
Fact Sheet #20 for information on
Section 404(f) exemptions).
 Publications of Interest:
 Memorandum of Agreement
 Among the Department of Agricul-
 ture, the Environmental Protection
 Agency, the Department of Interior,
 and the Department of Army
 Concerning the Delineation of
 Wetlands for Purposes of Section
 404 of the Clean Water Act and
 Subtitle B of the Food Security Act,
 January 6, 1994, 11 pp.

 Updated Questions and Answers
 Related to the Implementation of
 the January 6, 1994, Interagency
 Memorandum of Agreement
 Concerning the Delineation of
 Wetlands for Purposes of Section
 404 of the Clean Water Act and
 Subtitle B of the Food Security Act,
 from EPA, DOA, NRCS, and FWS
 to Regional Agency Staff, Decem-
 ber 12,1994, 25 pp.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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  &ER&
                   United States
                   Environmental Protection
                   Agency
              Office of Water,
              Office of Wetlands,
              Oceans and Watersheds. (4502 F)
                 EPA843-F-95-001 i
                 February 1995
        Alaska Wetlands  Initiative
  As part of the Administration's 1993
  Wetlands Plan, EPA and the U.S.
  Army Corps of Engineers convened
  stakeholders and solicited public
  input in Alaska to identify and
  address concerns with implementing
  the Clean Water Act Section 404
  program in Alaska. The seven-
  month process resulted in a report
  issued on May 13, 1994, which
  identified 26 action items to be
  implemented by the Federal agencies,
  many in coordination with the State,
  Natives, and other participating
  stakeholders.
 Alaska's Wetlands

 Alaska is estimated to have approxi-
 mately 175 million acres of wetlands,
 comprising approximately 43% of the
 surface area of the State—more
 wetlands acreage than the rest of the
 United States combined. The State is
 also characterized by high levels of
 Federal, State, and Native Corpora-
 tion land ownership, a small popula-
 tion (over a third of which lives in
 Anchorage), relatively large Native
 and subsistence populations, and
Arctic and sub-Arctic climates.
  Alaska's diverse array of wetlands
  possess a variety of functions and
  values that contribute substantially to
  the Nation's economy and well-being.
  For example, wetlands serve as
  valuable habitat for wildlife and
  fisheries (the salmon industry in
  Alaska is the State's largest nongov-
  ernmental employer).


  Stakeholder
  Participation

  The Initiative was developed in
  consultation with a diverse and
  comprehensive group of Alaskan
  stakeholders and the public. Stake-
  holders representing such interests as
  commercial fishing, environment,
  Natives, oil and gas, and the State, as
  well as the Department of Energy, the
  U.S. Fish and Wildlife Service, and
  the National Marine Fisheries  Service,
 participated in a series of meetings
 around the State. The public was
 invited to attend all stakeholder
 meetings, submit written comments,
 and participate in a Statewide telecon-
 ference linking 20 locations through-
 out Alaska.  Stakeholders and the
 public identified concerns with the
 wetlands program, focusing on  how
 circumstances in Alaska,  such as
 climate and the extent of wetlands,
 affect implementation of regulatory
 requirements in the State.


 Actions

 The Initiative report summarizes the
 results of the effort and presents the
 recommendations and actions, in
 combination with the initiatives
 identified in the Administration's
 Wetlands Plan, that will be under-
taken in Alaska to address concerns
  raised during the Initiative. Conclu-
  sions are built upon the factual
  information and technical data
  identified during the Initiative.
  Strong agreement among the Federal
  agencies provides the basis to imple-
  ment the actions in a manner that
  ensures effective protection of Alaska's
  valuable wetlands while providing
  appropriate regulatory flexibility to
  reflect circumstances in Alaska.  Key
  actions include —

  •  implementing abbreviated permit
    processing procedures for the
    construction of water, wastewater,
    and sanitation facilities in wetlands
    in Alaskan villages

  •  continuing to develop general
    permits, which efficiently allow
    activities with minimal impacts to
    proceed without the need for
    individual permit authorization

 •  strengthening relationships with the
    State, local governments, and
    Native Corporations and villages
    through such measures as establish-
    ing written partnerships regarding
    the regulatory program and placing
   greater emphasis on providing
   assistance for local wetlands
   planning mechanisms as they relate
   to the regulatory program

 • clarifying "practicability" and
   "flexibility" considerations that
   allow implementation of the
   regulatory program to reflect
   circumstances in Alaska.

Copies of the report, titled "Alaska
Wetlands Initiative:  Summary
Report," may be obtained from the
EPA Wetlands Information Hotline.
For more information, contact the EPA Wetlands Information Hotline   wi
at 1-800-832-7828 (contractor operated).                           £* /

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  v»EPA
                  United States
                  Environmental Protection
                  Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
             EPA843-F-95-001J
             February 1995
           Section  404 of the  Clean Water Act:
           An  Overview
  Section 404 of the Clean Water Act
  establishes a program to regulate the
  discharge of dredged and fill material
  into waters of the United States,
  including wetlands. Activities in
  waters of the United States that are
  regulated under this program include
  fills for development, water resource
  projects (such as dams and levees),
  infrastructure development (such as
  highways and airports), and conver-
  sion of wetlands to uplands for
 farming and forestry.
  What does Section 404
  Require?

  The basic premise of the program is
  that no discharge of dredged or fill
  material can be permitted if a practi-
  cable alternative exists that is less
  damaging to the aquatic environment
  or if the nation's waters would be
  significantly degraded. In other words,
  when you apply for a permit, you must
  show that you have
  •  taken steps to avoid wetland
    impacts where practicable
  •  minimized potential impacts to
    wetlands
  •  provided compensation for any
    remaining unavoidable impacts
    through activities to restore or
    create wetlands.

 Regulated activities are controlled by a
 permit review process. An individual
 permit is usually required for poten-
 tially significant impacts. However,
 for most discharges that will have only
 minimal adverse effects, the Army
 Corps of Engineers often grants up-
 front general permits. These may be
 issued on a nationwide, regional, or
 state basis for particular categories of
 activities (for example, minor road
 crossings, utility line backfill, and
 bedding) as a means to expedite the
 permitting process.

 Section 404(0 exempts some activities
 from regulation under Section 404.
 These activities include many ongoing
 farming, ranching, and silviculture
practices.
Agencies^
Responsibilities
                                                                       Army Corps of Engineers
                                                                       • administers the day-to-day
                                                                         program, including individual
                                                                         permit decisions and jurisdic-
                                                                         tional determinations
                                                                       • develops policy and guidance
                                                                       • enforces Section 404 provisions.

                                                                       Environmental Protection Agency
                                                                       • develops and interprets environ-
                                                                         mental criteria used in evaluat-
                                                                         ing permit applications
                                                                       • determines scope of geographic
                                                                         jurisdiction
                                                                       • approves and oversees State
                                                                         assumption
                                                                       • identifies activities that are
                                                                         exempt
                                                                       • reviews/comments on individual
                                                                         permit applications
                                                                       •  has authority to veto the Corps'
                                                                         permit decisions (Section
                                                                         404fcj)
                                                                       •  can elevate specific cases
                                                                         (Section 404[q])
                                                                       •  enforces Section 404 provisions.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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Individual  Permit  Process Under the  Clean
Water  Act, Section  404
Who's Involved in
Regulation?

EPA and the Army Corps of Engineers
(Corps) jointly administer the program.
In addition, the U.S. Fish and Wildlife
Service, the National Marine Fisheries
Service, and State resource agencies
have important advisory roles.

A Federal permit is required to dis-
charge dredged or fill material into
wetlands and other waters of the
United States. The flow chart tells
what the Corps does once it receives
an individual permit application.
         (The 404 Individual Permit Prdfes
                    Public notice
    (issued by the Corps within 15 days of receiving all permit information)

The public notice describes the permit application, including the proposed activity,
its location, and potential environmental impacts. The public notice invites
comments within a specified time.
                   Comment period
           (15-30 days, depending on the proposed activity)
The application and comments are reviewed by the Corps and other interested
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 permit, decision was
                                   made, is available to the public.
                                       Permit issued
                                    Perrrjit denied
                                 Modified from Kathleen Rude, "Conservation: You Can Make a Difference," Ducks Unlimited,
                                 September/October 1990,26-28.
  For more information, contact the EPA Wetlands Information Hotline
  at 1-800-832-7828 (contractor operated).

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  oEPA
                  United States
                  Environmental Protection
                  Agency
              Office of Water,
              Office of Wetlands,
              Oceans and Watersheds (4502 F)
                EPA843-F-95-001k
                February 1995
           How .Wetlands are  Defined  and
            Identified
  "Wetlands are areas that are inun-
  dated or saturated by surface en-
  ground water at a frequency and
  duration sufficient to support, and
  that under normal circumstances do
  support, a prevalence of vegetation
  typically adapted for life in saturated
  soil conditions.  Wetlands generally
  include swamps, marshes, bogs, and
  similar areas."
  -Definition of wetlands as used by the
  U.S. Army Corps of Engineers (Corps)
  and the U.S. Environmental Protec-
  tion Agency (EPA) since the 1970s for
  regulatory purposes.
 In more common language, wetlands
 are areas where the frequent and
 prolonged presence of water at or near
 the soil surface drives the natural
 system — meaning the kind of soils
 that form, the plants that grow, and
 the fish and/or wildlife communities
 that use the habitat. Swamps,
 marshes, and bogs are well-recognized
 types of wetlands. However, many
 important specific wetland types have
 drier or more variable water systems
 than those familiar to the general
 public. Some examples of these are
 vernal pools (pools that form in the
  spring rains but are dry at other times
  of the year), playas (areas at the
  bottom of undrained desert basins that
  are sometimes covered with water),
  and prairie potholes.


  Characteristics of
  Wetlands

  When the upper part of the soil is
  saturated with water at growing season
  temperatures, soil organisms consume
  the oxygen in the soil and cause
  conditions unsuitable for most plants.
  Such conditions also cause the
  development of soil characteristics
  (such as color and texture) of so-called
  "hydric soils." The plants that can
  grow in such conditions, such as marsh
  grasses, are called "hydrophytes."
  Together, hydric soils and hydrophytes
  give clues that a wetlands area is
  present.

 The presence of water — by ponding,
 flooding, or soil saturation — is  not
 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
 seasons and longer droughts.

 Some of the most well-known wet-
 lands, such as the Everglades and
 Mississippi bottomland hardwood
 swamps, are often dry.  In contrast,
 many upland areas are very wet during
 and shortly after wet weather. Such
 natural fluctuations must be consid-
 ered when identifying areas subject to
 Federal wetlands jurisdiction. Simi-
 larly, the effects of upstream dams,
drainage ditches, dikes, irrigation, and
other modifications must also be
considered.
 Manual for  Defining
 Wetlands

 The EPA and the Corps use the 1987
 Corps of Engineers Wetlands Delineation
 Manual to define wetlands for the
 Clean Water Act Section 404 permit
 program. Section 404 requires a
 permit from the Corps or authorized   •
 State for the discharge of dredged or
 fill material into the waters of the
 United States, including wetlands.
 The 1987 manual will remain in use
 pending review of public comments on
 the 1991 proposed manual and the
 ongoing National Academy of Sci-
 ences study of wetlands definition.

 The 1987 manual organizes environ-
 mental characteristics of a potential
 wetland into three categories:  soils,
 vegetation, and hydrology. The
 manual contains criteria for each
category.  With this approach, an area
that meets all three criteria is consid-
ered a wetland.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).                     •

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  vvEPA
                  United States
                  Environmental Protection
                  Agency
              Office of Water,
              Office of Wetlands,
              Oceans and Watersheds (4502 F)
                EPA843-F-95-0011
                February 1995
           Was the  Section  404  Program  Intended
           to  Regulate Wetlands?
  Questions about which and how
  wetlands are regulated have been
  widely discussed and debated over the
  years. This fact sheet explains what
  the U.S. Army Corps of Engineers,
  Congress, and the U.S. Supreme
  Court have said about these topics.
 Section 404 Program
 History

 In 1972, Congress passed the Federal
 Water Pollution Control Act Amend-
 ments, also known as the Clean Water
 Act, "to restore and maintain the
 chemical, physical, and biological
 integrity" of the Nation's waters. The
 Act defined "navigable waters" as
 "waters of the United States."  The
 legislative history made plain that
 Congress intended the broadest
 possible Federal jurisdiction, expand-
 ing beyond traditionally navigable
 waters.

 Section 404 of the Clean Water Act
 established a permit program regarding
 discharges of dredged and fill material.
 In 1974, when the Corps issued
 regulations to implement the Section
404 program, they limited the
  program's jurisdiction to traditionally
  navigable waters, including adjacent
  wetlands, excluding many small
  waterways and most wetlands.

  In 1975, .a Federal district court
  directed the Corps to revise and
  expand its regulations to be consistent
  with Congressional intent.  In re-
  sponse, the Corps issued interim final
  regulations to include waters that are
  not adjacent to navigable waters
  ("isolated waters") in the program's
  jurisdiction.

  In 1977, the Corps issued final
  regulations and explicitly included
  "isolated wetlands and lakes, intermit-
  tent streams, prairie potholes, and
  other waters that are not part of a
  tributary system to interstate waters or
  to navigable waters of the United
  States, the degradation or destruction
  of which could affect interstate
  commerce." The definition promulgated
 in 1977 is substantially the same as the
 one in effect today.


 What Has Congress
   • I-»             "
 Said?

 When Congress amended the Act in
 1977, it was aware of the Corps' recent
 assertion of jurisdiction over wetlands.
 In fact, this issue was extensively
 debated.  In the end, Congress rejected
 attempts to narrow the scope of that
jurisdiction, in large part because of
 concern that to do so would unduly
 hamper protection of wetlands. Other
 1977 amendments, such as the Section
404(f) exemptions, general permitting
authority, and the provision for States
to assume the 404 program for some
waters, responded to concerns regard-
 ing the scope of jurisdiction. In
 allowing States to assume the 404
 program for some waters, Congress
 made specific reference to wetlands in
 the Act itself.


 What Has the
 Supreme Court Said?

 Regarding the issue of jurisdiction for
 wetlands adjacent to rivers, lakes,
 streams, estuaries, etc., the Supreme
 Court has unanimously held that the
 Corps acted reasonably in interpreting
 the Act's geographic jurisdiction to
 extend to wetlands adjacent to other
 "waters of the U.S.," even if those
 wetlands are saturated only by ground
 water sources (as opposed to surface
 water flooding). However, the Su-
 preme Court has not yet ruled on the
 issue of non-adjacent, isolated wetland
jurisdiction.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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 vvEPA
                 United States
                 Environmental Protection
                 Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
EPA843-F-95-001m
February 1995
           Issue  Resolution  Procedures:
           Clean  Water  Act/Section 404(q)
  Under Section 404 of the Clean
  Water Act, the U.S. Army Corps of
  Engineers (Corps) has the primary
  authority for determining whether or
  not to issue a permit for the discharge
  of dredged or fill materials. In making
  a permit decision, the Corps solicits
  and considers the views of the public
  as well as State and Federal resource
  agencies. At times, EPA may oppose
  the Corps' intent to issue a Section
  404 permit for a particular project.
  This fact sheet describes  the process
  to resolve these differences.
 The process and time frame for
 resolution are spelled out in the
 Section 404(q) Memorandum of
 Agreement signed by EPA and the
 Department of the Army in August of
 1992. Under this Agreement, EPA
 may request that a certain permit
 application receive a higher level of
 review within the Department of the
 Army, as 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.
 Because this kind of review does not
directly relate to a specific permit, it
does not delay the review of pending
permit applications.
     Process for Resolving Section 404(q) Permit Issues
                          EPA objection
   EPA formally determines that issuance of the permit will result in unacceptable
   adverse effects to Aquatic Resources of National Importance.
                  Notice of intent to proceed
   The Corps District Engineer notifies the EPA Regional Administrator if the Corps
   intends to issue the permit over EPA objections.  The EPA Regional Administrator
   has 15 days to respond to the request.
                                          Further Action Unwarranted
                                                           Case elevation
                                    The EPA Regional Administrator recommends to EPA's 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
  permit decision by the Assistant Secretary of the Army (Civil Works).
                         Army review
                                             Army Declines Elevation
  EPA Headquarters' case elevation is reviewed by the Assistant Secretary of the
  Army (Civil Works). That review results in either a determination that the decision
  will be made at a higher level than the District Engineer, or the Assistant Secretary
  can issue policy guidance applicable to the case under review.
Case Elevation Statistics: Since the 1992 Section 404(q) Memorandum of
Agreement was signed, EPA has asked for a higher review by the Department of
the Army on seven individual permit cases.  Under the previous Section 404(q)
Memorandum of Agreement of 1985, EPA elevated sixteen individual permit
cases to the Department of the Army.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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                 United States
                 Environmental Protection
                Agency
           Office of Water,
           Office of Wetlands,
           Oceans and Watersheds (4502F)
EPA843-F-95-001n
February 1995
 vvEPA
           EPA's Clean  Water Act Section  404(c)
           "Veto  Authority"
 Section 404(c) of the Clean Water
 Act authorizes EPA to restrict or
 prohibit the use of an area as a
 disposal site for dredged or fill
 material if the discharge will have
 unacceptable adverse effects on
 municipal water supplies, shellfish
 beds and fishery areas, wildlife or
 recreational areas.  The process is
 shown to the right.
 Because Section 404(c) actions have
 mostly been taken in response to
 unresolved permit applications, this
 type of action is frequently referred to
 as an EPA "veto" of the U.S. Army
 Corps of Engineers permit. EPA has
 completed only 11 "veto" actions out
 of an estimated 150,000 permit
 applications received since the
 regulations went into effect in October
 1979.

 An EPA Regional Administrator
 initiates the action if he or she
 determines that the impact of a
 proposed permit activity is likely to
 result in
 • significant degradation of municipal
  water supplies (including surface or
  ground water) or

 • significant loss of or damage to
  fisheries, shellfishing, or wildlife
  habitat, or recreation areas.
              Section 40}4(c) "Veto" Process
   Intent to issue notice of Proposed Determination
 The EPA Regional Administrator states his or her intention to issue a public notice
 of a Proposed Determination to withdraw, prohibit, deny, or restrict the specification
 of a defined area for discharge of dredged or fill material.
           Notice of Proposed Determination
                          (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)
 A public hearing is usually held during the comment period.
     Recommended Determination or withdrawal
  (within 30 days of the public hearing or, if no public hearing is held, within
               15 days of the end of the comment period)
The Regional Administrator prepares a Recommended Determination to withdraw,
prohibit, deny, or restrict the specification of a defined area for disposing of dredged
or fill material. Alternatively, he or she withdraws the Proposed Determination.
       Review of Recommended Determination
                            (30 days)
The EPA Regional Administrator forwards the Recommended Determination and
the administrative record to the EPA Assistant Administrator for Water.
                   Final Determination
        (60 days after receipt of the Recommended Determination)
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).

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  oEPA
                  United States
                  Environmental Protection
                  Agency
              Office of Water,
              Office of Wetlands,
              Oceans and Watersheds (4502F)
                EPA843-F-95-001o
                February 1995
           Wetlands  Enforcement
  In addition to jointly implementing
  the Clean Water Act Section 404
  program, EPA and the U.S. Army
  Corps of Engineers (Corps) share
  Section 404 enforcement authority.
  This fact sheet gives an overview of
  how the agencies implement this
  shared authority.
 EPA Section 404
 enforcement actions
 (initiated)
IOU
140
120
100
80
60

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392
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393
udicial
  Types of Violations

  Section 404 violations fall into two
  broad categories:
  • failure to comply with the terms or
    conditions of a Section 404 permit

  • discharging dredged or fill material
    to waters of the United States
    without a permit.

  In 1989, EPA and the Corps entered
  into a Memorandum of Agreement
  (MOA) on  enforcement to ensure
  efficient and effective implementation
  of this shared authority. Under the
  MOA, the Corps, as the Federal
  agency that issues permits, has the lead
  on Corp-issued permit violation cases.
  For unpermitted discharges, EPA and
  the Corps determine the appropriate
  lead agency  based on criteria in the
 MOA.


 Enforcement Goals
 and Tools

 EPA's Section 404 enforcement
 program has  three goals: protect the
 environment and human health and
 safety, deter violations, and treat the
 regulated community fairly and
 equitably.  EPA's enforcement program
 achieves these goals through voluntary
 compliance and by using the enforce-
 ment tools provided under Sections
 309 and 404 of the Clean Water Act.

 In administrative enforcement, under
 Section 309(a), EPA can issue admin-
 istrative compliance orders requiring a
violator to stop any ongoing illegal
discharge activity and, where appropri-
  ate, to remove the illegal discharge
  and otherwise restore the site. Under
  Section 309(g), EPA and the Corps
  can assess administrative civil penal-
  ties of up to, but not exceeding,
  $125,000 per action.

  In judicial enforcement, Sections
  309(b) and (d) and 404(s) give EPA
  and the Corps the authority to take
  civil judicial actions, seeking restora-
  tion and other types of injunctive
  relief, as well as civil penalties. The
 agencies also have authority under
 Section 309(c) to bring criminal
 judicial enforcement actions for
 knowingly or negligently violating
 Section 404.


 Case Selection

 EPA and the Corps consider a wide
 variety of factors when deciding
 whether to initiate an enforcement
 action and, if so, what kind. These
 factors include the  amount of fill, the
 size of the water body (acres of
 wetlands filled and  the environmental
 significance), the discharger's previous
 experience with Section 404 require-
 ments, and the discharger's compliance
 history.

 In most instances, EPA and the Corps
prefer to resolve Section 404 viola-
tions through voluntary compliance or
administrative enforcement.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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Wetlands Criminal  Enforcement
Since enactment of the Clean Water
Act, EPA and the Corps have used
their criminal enforcement authori-
ties sparingly in response to Section
404 violations. As demonstrated by
the following examples, EPA and the
Corps reserve their criminal enforce'
ment authority for only the most
flagrant and egregious Section 404
violations.
United States v. Pozsgai

In December 1989, a Philadelphia jury convicted John Pozsgai on 40 counts of
knowingly filling wetlands in Bucks County, Pennsylvania, without a Section
404 permit. Mr. Pozsgai was sentenced to three years in jail, ordered to restore
the site upon his release, and assessed a fine. His conviction and sentence have
been affirmed by the U.S. Supreme Court.

Even prior to purchasing the 14-acre tract in 1987, Mr. Pozsgai was told by
private consultants that the site contained wetlands subject to the permitting
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).

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  xvEPA
                  United States
                  Environmental Protection
                  Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
                EPA843-F-95-001p
                February 1995
            Wetlands  Mitigation  Banking
  Mitigation banking has the potential
  to play a significant role in the
  Section 404 regulatory program by
  reducing uncertainty and delays, as
  well as improving the success of
  wetlands mitigation efforts. Land-
  owners needing to "mitigate" or
  compensate for authorized impacts to
  wetlands associated with develop'
  ment activities may have the option of
  purchasing credits from an approved
  mitigation bank rather than restoring
  or creating wetlands on or near the
  development site.
 A wetlands mitigation bank is a
 wetland area that has been restored,
 created, enhanced, or (in exceptional
 circumstances) preserved, which is
 then set aside to compensate for future
 conversions of wetlands for develop-
 ment activities. A wetland bank may
 be created when a government agency,
 a corporation, or a nonprofit organiza-
 tion undertakes such activities under a
 formal agreement with a regulatory
 agency. The value of a bank is deter-
 mined by quantifying the wetland
 values restored or created in terms of
 "credits."


 Benefits of Mitigation
 Banking

 •  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.
 • A mitigation bank can bring
   scientific and planning expertise
   and financial resources together,
   thereby increasing the likelihood of
   success in a way not practical for
   individual mitigation efforts.


 Status

 The Administration supports mitiga-
 tion banking and is currently develop-
 ing interagency guidance for the
 establishment and use of mitigation
 banks.  Approximately 100 mitigation
 banks are in operation or are proposed
 for construction in 34 States across the
country, including the first private
entrepreneurial banks.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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  v>EPA
                   United States
                   Environmental Protection
                   Agency
              Office of Water,
              Office of Wetlands,
              Oceans and Watersheds (4502 F)
EPA843-F-95-001q
February 1995
            Wetlands  Categorization
  There has been interest over many
  years in revising the Section 404
  regulatory program to base decisions
  more on the relative values of wet-
  lands as determined in advance based
  on the type or condition of the
  •wetland. In response, several
  approaches have been proposed to
  classify or "categorize" wetlands
  based on their relative value, with
  commensurate levels of regulatory
  protection assigned to each wetland
  category.
  Issues

  Categorization proponents believe wetlands regulation would be improved by
  focusing agency resources on protection of the most valuable wetlands. Catego-
  rization proponents also believe this approach could provide greater consistency
  and predictability in the permit review process and reduce regulatory burden for
  activities in lower value wetlands.

  However, there is concern that such a hierarchical approach to wetlands protec-
  tion may result in "writing off low value wetlands and increase the potential for
  wetlands "takings" claims for high value wetlands (see Fact Sheet #18). Related
  concerns include the complexity of evaluating wetland functions and values and
  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).

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

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 vvEPA
                  United States
                  Environmental Protection
                  Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
                EPA843-F-95-001r
                February 1995
          What  About Takings?
 The Issue: When does a government
 action affecting private property
 amount to a "taking," and what are
 the takings implications of wetland
 regulation?
 Legal Background

 The concept of takings comes from the
 Fifth Amendment (see box below),
 which prohibits the taking of private
 property by the government for a
 public use without payment of just
 compensation. This fact sheet briefly
 explores the issue of takings as it
 relates to wetlands regulation.

 The Supreme Court and lower courts
 have established a body of law used to
 determine when government actions
 affecting use of private property
 amount to a "taking" of the property
 by the government. When private
 property is "taken" by the government,
 the property owner must be fairly
 compensated.

 Initially, the courts recognized takings
 claims based on government actions
 that resulted in a physical seizure or
 occupation of private property.  The
 courts subsequently ruled that, in
 certain limited circumstances, govern-
 ment regulation affecting private
property also may amount to a taking.

In reviewing these "regulatory" takings
cases, the courts generally apply a
balancing test; they examine the
character of the government's action
 and its effect on the property's eco-
 nomic value. Government actions for
 the purpose of protecting public health
 and safety, including many types of
 actions for environmental protection,
 generally will not constitute takings.
 The courts also look at the extent to
 which the government's action
 interferes with the reasonable,
 investment-backed expectations of the
 property owner.

 In Lucas  v. South Carolina Coastal
 Council (1992), the U.S. Supreme
 Court ruled that a State regulation
 that deprives a property owner of all
 economically beneficial use of that
 property  can be a taking.  The court
 further clarified, however, that a
 regulation is not a taking if it is
 consistent with  "restrictions that
 background principles of the State's
 law of property and nuisance already
 placed upon ownership." As an
 example of "background principles,"
 the court referred to the right of
 government to prevent flooding of
 others' property.

 Dolan v. City ofTigard (1994),  a more
 recent Supreme  Court takings  case,
 involved  a requirement by the City of
Tigard in  Oregon that, to prevent
flooding and traffic congestion, a
business owner seeking to expand
substantially onto property adjacent to
a floodplain create a public greenway
and bike path from private land.  The
 Supreme Court ruled that the City's
 requirement would be a taking if the
 City did not show that there was a
 "reasonable relationship" between the
 creation of the greenway and bike path
 and the impact of the development.
 As compared to the facts in Dolan, the
 Clean Water Act Section 404 program
 generally does not require property
 owners to provide public access across
 or along their property.


 Current Status

 The presence of wetlands does not
 mean that a property owner cannot
 undertake any activity on the property.
 In fact, wetlands regulation under
 Section 404. does not necessarily even
 result in restricting the use of a site.
 Many activities are either not regu-
 lated at all, explicitly exempted from
 regulation, or authorized under general
 permits.

 Moreover, in situations where indi-
 vidual permits are required, the
 Federal agencies can work with permit
 applicants to design projects that meet
 the requirements of the law and
protect the environment and public
safety, while accomplishing the
legitimate  individual objectives and
protecting the property rights of the
applicant.  Overall, more than 95%  of
all projects receive Section 404
authorization.
  The Fifth Amendment to the Constitution of the
 .United States of America
  No person shall.. .be deprived of.. .property without due process of law, nor
  shall private property be taken for public use, without just compensation.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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-------
                 United States
                 Environmental Protection
                 Agency
 v>EPA
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
               EPA843-F-95-001S
               February 1995
          Wetlands  on  Agricultural  Lands:
          Section  404 and  Swampbuster
 Farmers who own or manage wet-
 lands are directly affected by two
 important Federal programs:
 (1) Section 404 of the Clean Water
 Act,  which requires individuals to
 obtain a permit before discharging
 dredged or fill material into waters of
 the United States, including most
 wetlands, and (2) the Swampbuster
 provisions of the Food Security Act,
 which withholds certain Federal farm
 program benefits from farmers who
 convert or modify wetlands. To-
 gether,  these two programs have
 helped to reduce the rate at which
 wetlands are converted to agriculture
 and other uses.
   Check with your local Corps district
   office if you are unsure whether your
   ongoing or planned activities
   occurring in wetlands are regulated
   under the Section 404 program.

   Check with the Natural Resources
   Conservation Service (formerly the
   Soil Conservation Service) before
   clearing, draining, or manipulating
   any wet areas on your land to make
   sure you maintain your farm
  program benefits.
 The Federal agencies involved (EPA,
 the U.S. Army Corps of Engineers, the
 U.S. Department of Agriculture, and
 the U.S. Fish and Wildlife Service) are
 actively seeking to coordinate their
 activities and to clarify the relation-
 ship between the programs. For
 example, "prior converted croplands"
 have been excluded from regulation
 under Section 404 to be consistent
 with Swampbuster—and one wetland
 identification can be used for both the
 Section 404 program and the
 Swampbuster program.


 Section 404 Provisions

 Most routine ongoing farming activities do
 not require Section 404 permits. This is
 perhaps the most important informa-
 tion for farmers regarding the Section
 404 program. Section 404 permitting
 requirements apply only to discharges
 of dredged or fill materials in wetlands,
 streams, rivers, and "other waters of
 the United States." In general,
 farming activities that do not occur in
 wetlands or other waters of the United
 States or do not involve dredged or fill
 material do not require Section 404
 permits.

 In addition, many normal farming,
 silviculture, and ranching activities
 that involve discharges of dredged or
 fill materials into waters of the United
 States are exempted from Section 404;
 that is, they do not require a permit.
 In order to be exempt, the farming
 activity must be part of an ongoing
farming operation and cannot be
associated with bringing a wetland
 into agricultural production or
 converting an agricultural wetland to a
 non-wetland area (see Fact Sheet
 #20).


 Swampbuster
 Provisions

 Similar to the Section 404 program, the
 Swampbuster program generally allows
 the continuation of most farming practices
 so long as wetlands are not converted or
 wetland drainage increased. However,
 certain activities such as clearing,
 draining, or otherwise converting a
 wetland are activities addressed by the
 Swampbuster program.  The program
discourages farmers from altering
wetlands by withholding Federal farm
program benefits from any person
who—
 • plants an agricultural commodity on
  a converted wetland that was
  converted by drainage, dredging,
  leveling, or any other means (after
  December 23, 1985)

• converts a wetland for the purpose
  of or to make agricultural commod-
  ity production possible (after
  November 28, 1990).
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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-------
                 United States
                 Environmental Protection
                 Agency
 v>EPA
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
               EPA843-F-95-OOH
               February 1995
          Exemptions to Section  404 Permit
          Requirements
 In general, Section 404 of the Clean
 Water Act requires permits for the
 discharge of dredged or fill material
 into waters of the United States,
 including wetlands.  However,
 certain activities, detailed below, are
 exempt from permit requirements
 under Section 404 (f).
 Exemptions

 You do not generally need a permit
 under Section 404 if your discharges of
 dredged or fill material are associated
 with normal farming, ranching, and
 forestry activities such as plowing,
 cultivating, minor drainage, and
 harvesting for the production of food,
 fiber, and forest products or upland soil
 and water conservation practices.
 This exemption pertains to normal
 farming and harvesting activities that
 are part of an established, ongoing
 farming or forestry operations.

Activities Not Exempt

If an activity involving a discharge of
dredged or fill material represents a
new use of the wetland, and the
activity would result in a reduction in
         Activities Exempt under the Clean Water
         Act, Section  404(f)                         i
          1  Established (ongoing) farming, ranching, and forestry activites:
              ° plowing
              ° seeding
              ° cultivating
              ° harvesting food, fiber, and forest products
              ° minor drainage
              ° upland soil and water conservation practices.
            Maintenance (but not construction) of drainage ditches
            Construction and maintenance of irrigation ditches
            Construction and maintenance of farm or stock ponds
            Construction and maintenance of farm and forest roads, in
            accordance with best management practices
            Maintenance of structures, such as dams, dikes, and levees
 reach or impairment of flow or circulation
 of regulated waters, including wet-
 lands, the activity is not exempt. Both
 conditions must be met in order for
 the activity to be considered non-
 exempt.  In general, any discharge of
 dredged or fill material associated with
 an activity that converts a wetland to
 upland is not exempt, and requires a
 Section 404 permit.

 Examples

 • Activities that bring a wetland into
   farm production where the wetland
   has not previously been used for
   farming are not considered part of
   an established operation, and
   therefore require a permit.

 • Introduction of a new cultivation
   technique such as discing between
   crop rows for weed control may be a
   new farming activity, but because
   the farm operation is ongoing, the
   activity is exempt from permit
   requirements under Section 404.

 •  Planting different crops as part of an
   established rotation, such as
   soybeans to rice, is exempt.

 •  Discharges associated with ongoing
   rotations of rice and crawfish
   production are also exempt.

To find out whether specific activities are
exempt, contact your local Corps or EPA
office.

Ask for a free copy of "Agriculture and
Wetlands: A Compilation of
Factsheets" when you call the EPA
Wetlands Information Hotline
(contractor operated).
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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 vvEPA
                 United States
                 Environmental Protection
                 Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
                EPA843-F-95-001u
                February 1995
           State,  Tribal,  Local,  and  Regional  Roles
           in  Wetlands  Protection
  States, Tribes, regional, and local
  governments are becoming more
  interested and active in comprehen-
  sive wetlands protection through the
  authorities granted to them in
  existing legislation. This fact sheet
  discusses how these governments can
  be involved in wetlands protection.
 "Assuming" Permitting
 Authority


 One of the ways State and Tribal
 governments can strengthen their
 roles in wetlands protection is to
 "assume" permitting authority under
 the Clean Water Act, Section 404
 program. This means that States or
 Tribes have the authority to issue
 Section 404 permits. This program
 regulates the discharge of dredged and
 fill material in wetlands and other
 waters. To date, Michigan and New
 Jersey have assumed such authority,
 and several States and Tribes are
 working toward this end.  EPA will
 work with any government interested
 in assuming such authority.


 Other Options

 Other options available to States and
 Tribes to strengthen their roles in
 wetlands protection include-      '
 •  undertaking comprehensive State
   Wetland Conservation Plans
 •  obtaining State Program General
   Permits from the Corps for dis-
  charges of dredged and fill material
  in wetlands
 • developing wetland water quality
  standards
 • applying the Clean Water Act
  Section 401 Water Quality Certifi-
  cation program more specifically to
  wetlands
• incorporating wetlands protection
  into other State and Tribal water
  programs.
 Regional and local participation in
 wetland protection can also be
 strengthened through comprehensive
 resource planning that targets specific
 geographic areas. Examples of such
 areas are river corridors for which
 governments and communities have
 identified many objectives for their
 use. Regional and local governments
 can also protect watersheds (a water-
 shed is the area in which all water,
 sediments, and dissolved materials flow
 or drain from the land into a common
 body of water) and identify in advance
 suitable and unsuitable sites for
 discharges.


 EPA Assistance
 Available

 EPA helps by providing information
 and program guidance and by sponsor-
 ing national forums on State program
 development. Financial assistance
 may also be available from EPA to
 pursue some of these activities through
 EPA's State Wetlands Protection
 Grants Program.

 All levels of government must work
 together to determine how to best
 protect wetland resources and what
 the appropriate roles and programs are
 for each type of government. EPA
 supports the strengthening of State,
 Tribal, and local roles in wetlands
protection.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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-------
                 United States
                 Environmental Protection
                 Agency
 &EPA
                          Office of Water,
                          Office of Wetlands,
                          Oceans and Watersheds (4502 F)
                       EPA843-F-95-001 v
                       February 1995
           State Wetlands  Grants  Program
  Since 1990, a Federal grant program
  has supported State and Tribal efforts
  to protect wetlands by providing
  funds to enhance existing programs or
  develop new programs. This grant
  program provides an important
  opportunity for States and Tribes,
  who have been interested and
  involved in wetlands protection for a
  long time, but who have been
  hampered by a lack of funds.
              Current Program

              The State Wetlands Protection Grant
              Program was initiated in FY90 with $ 1
              million appropriated. In FY95
              Congress appropriated $15 million to
              support the grant program. State
              interest in the grant program contin-
              ues to grow.

              • States usually request more than
                double the amount of grant funds
                available each year.

              • Each State has received at least one
                grant to develop or enhance
                wetlands protection programs.

              • In FY94, 101 grants were awarded
                from the 166 applications received.
     Wetlands Grants Program
                    Applications
Awards
         1990
1991
                                 1992
                        1993
                                                        1994
 Grant funds can only be used to
 enhance existing and devebp new
 wetlands protection programs. Grants
 cannot be used for operational support
 of State wetlands protection programs.
 Lack of funds for operational support
 will likely continue to be a serious
 impediment to State involvement in
 wetlands protection.


 Examples

 The grants program is currently
 supporting—

 • development of State Wetland
   Conservation Plans for States and
   Tribes (see Fact Sheet #27)

 • Watershed Protection Approach
   Demonstration Projects on State/
   Tribal lands

 • development of wetland water quality
   standards in States and Tribes (see
   Fact Sheet #24)

 • incorporation of wetlands into
   Section 401 Water Quality Certifica-
   tion programs in States and Tribes
   (see Fact Sheet #24).


For more information
about the Grant
Program

Contact your EPA Regional Wetland
Coordinator. Note that only State
agencies and Tribes are eligible to
apply.
For more information, contact the EPA Wetlands Information Hotline
at 1 -800-832-7828 (contractor operated).

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-------
                 United States
                 Environmental Protection
                Agency
 v-xEPA
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
               EPA843-F-95-001 w
               February 1995
           State or Tribal Assumption  of the
          Section  404  Permit Program
 The Clean Water Act provides States
 and Tribes the option of assuming
 administration of the Federal Section
 404 permit program in certain waters
 within State or Tribal jurisdiction.
 This fact sheet describes reasons why
 States and Tribes might assume
 administration of the Section 404
 program from, the Federal govern-
 ment,  which waters could be admin'
 istered by States or Tribes under this
 program, and the process for assum-
 ing administration of these waters.
Why Assume
Administration of the
Section 404 Program?

More than a dozen States already are
currently administering aquatic
resources/wetlands protection pro-
grams similar to the Federal Section
404 program. This makes sense
because State and Tribal regulators are,
in many cases, located closer to the
 proposed activities and are often more
 familiar with local resources, issues,
 and needs than are Federal regulators.
 By formally assuming administration of
 the Federal regulatory program, States
 or Tribes can eliminate unnecessary
 duplication between programs. If
 States or Tribes assume program
 administration, Section 404 permit
 applicants would need only a State or
 Tribal permit for dredged or fill
 material discharges in certain waters.

 Which Waters Can
 States/Tribes
 Administer under the
 Section  404 Program?

 States and Tribes can assume the
 Federal Section 404 program only in
 certain "non-navigable" waters. The
 U.S. Army Corps of Engineers retains
 jurisdiction in—
 •  tidal waters and their adjacent
   wetlands
 •  navigable waters and their adjacent
   wetlands.

 The Corps continues to regulate
 navigable waters under Section 10 of
 the Rivers and Harbors Act of 1899.

 How to Assume the
 Section 404 Program

 To assume the Section 404 program,
 States or Tribes need to develop a
 wetlands permit program similar to the
 Federal program and submit to the
 EPA an application to assume the
program. (See the box on page 2 for
details on this process.) Even for
States or Tribes with an existing
 wetlands regulatory program, this
 process can require the passage of new
 legislation. To be eligible to assume
 the Federal program, State or Tribal
 programs must—
 •  have an equivalent scope of
    jurisdiction as the Federal program  "
 •  regulate at least the same activities
    as the Federal program
 •  provide for sufficient public
    participation
 •  ensure compliance with the Section
    404(b)(l) guidelines, which provide
    environmental criteria for permit
    decisions
 •  have adequate enforcement
    authority.


 What Happens After
 States or Tribes Assume
 the Program?

 When States or Tribes assume admin-
 istration of the Section 404 program,
 the Corps no longer processes Section
 404 permits in waters under State or
 Tribal jurisdiction. The State or Tribe
 assumes responsibility for the program,
 determines what areas and activities
 are regulated, processes individual
 permits for specific proposed activities,
 and carries out enforcement activities.
 EPA reviews the program annually to
 ensure the State or Tribe is operating
 its program in compliance with
 requirements of the law and regula
 tions. In addition, for some activities,
 which generally include larger dis-
 charges with serious impacts, EPA and
 other Federal agencies review the
 permit application and provide
 comments to the State or Tribe; the
State or Tribe cannot issue a permit
over EPA's objection.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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Status of State/Tribal
Section 404 Program
Assumption

To date, two States, Michigan and
New Jersey, have assumed administra-
tion of the Federal permit program.
Other States and some Tribes are
working toward or investigating the
possibility of assuming the permit
program. Reasons States have ex-
pressed for not more actively pursuing
assumption of the program include
lack of funding, limit of program
administration to "non-navigable
waters," concerns regarding Federal
requirements and oversight, availabil-
ity of alternative mechanisms for
State/Tribal wetlands protection, and
the controversial nature of regulation
of wetlands and other aquatic re-
sources.

 For More Information

 If your State or Tribe is interested in
 assuming administration of the Federal
 Section 404 permit program, contact
 the EPA Regional Office in your area.
 Call the EPA Wetlands Information
 Hotline (contractor operated) to
 determine the appropriate EPA
 contact. EPA also can provide techni-
 cal assistance (and may also be able to
 provide some financial assistance
 through the State Wetlands Grants
 Program) to help States and Tribes
 develop the authority, capability, and
 documentation needed to assume the
 Federal permit program.

 Publications of Interest
  •  Clean Water Act, Section 404
    Program Definition and Permit
    Exemptions; Section 404 State
    Program Regulations, June 6,1988,
    Federal Register, 40 CFR Parts 232
    and 233.

  • Clean Water Act, Section 404
    Tribal Regulations, February 11,
     1993, Federal Register, 40 CFR Parts
    232 and 233.
     State'jbr Tribal 404 Assumption proces|s
             State or Tribe submits complete
                  assumption application

The Governor of the State or Equivalent Tribal entity* submits to EPA a full and
complete description of the program it proposes to establish and administer under
State law or an interstate compact. The State must also submit a statement from the
State Attorney General certifying that the State laws provide adequate authority to
carry out the described program.
                  EPA reviews application
EPA is responsible for reviewing and approving/denying a State or Tribe's request to
assume the Federal permit program within 120 days of receipt of the completed
application.
    Distribution of application for public comment
 EPA distributes application for State or Tribal assumption to other Federal agencies
 (Corps, U.S. Fish and Wildlife Service, and the National Marine Fisheries Service).
                         Public hearing
 EPA also makes the State/Tribal application available for public review and com-
 ment and holds public hearing(s) in the State.               *
                          EPA decision
 After reviewing the State or Tribal application and considering any Federal agency
 and public comments, EPA makes a decision on the requirements to assume the
 Federal permit program. EPA's decision is based on whether the State or Tribe meets
 the applicable statutory and regulatory requirements for an approvable program.
   Assumption approved
Assumption denied
* NOTE: Tribes are eligible to apply to assume the Federal permit program after they have met
requirements for "treatment as a state." See the February 11, 1993, Federal Register notice.
(See Publications of Interest for details.)
  For more information, contact the EPA Wetlands Information Hotline
  at 1-800-832-7828 (contractor operated).

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&EPA
                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
              EPA843-F-95-001x
              February 1995
          Section 401   Certification  and  Wetlands
 This fact sheet describes State and
 eligible Tribal authority under
 Section 401 of the Clean Water Act
 (CWA,). It also discusses how EPA
 can assist States and Tribes in taking
 more active roles in making wetland
 decisions and how States and Tribes
 can use their water quality standards
 in Section 401 certifications to
 protect wetlands.
 State/Tribal Authority     EPA Assistance to
 under Section 401          States
Under Section 401, States and Tribes
can review and approve, condition, or
deny all Federal permits or licenses that
might result in a discharge to State or
Tribal waters, including wetlands.  The
major Federal licenses and permits
subject to Section 401 are Section 402
and 404 permits (in non-delegated
States), Federal Energy Regulatory
Commission (FERC) hydropower
licenses, and Rivers and Harbors Act
Section. 9 and 10 permits. States and
Tribes may choose to waive their
Section 401 certification authority.

States and Tribes make their decisions
to deny, certify, or condition permits or
licenses primarily by ensuring the
activity will comply with State water
quality standards. In addition, States
and Tribes look at whether the activity
will violate effluent limitations, new
source performance standards, toxic
pollutants, and other water resource
requirements of State/Tribal law or
regulation.
In 1988, the National Wetlands Policy
Forum recommended that States
"make more aggressive use of their
certification authorities under Section
401 of the CWA to protect their
wetlands from chemical and other
types of alterations."  In response, in
1989, EPA issued guidance to States
on applying Section 401 certification
to protect wetlands. A year later, EPA
issued guidance on developing water
quality standards specifically for
wetlands. Wetland water quality
standards are important because they
are the primary tool used in water
quality certification decisions. (See the
box on page  2 for details.) Twenty
States and Tribes have been awarded
State Wetlands Protection Grants to
support use of Section 401 Certifica-
tion to protect wetlands.
                                    iDpesiiSection 401  certification add another layer of
                                    '     j  '       bureaucracy or cause 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).

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Status of State Actions

Over the past several years, States
have made progress in applying
Section 401 certification to wetlands.
Some States rely on Section 401
certification as their primary mecha-
nism to protect wetlands in the State.
In addition, most States denied or
conditioned Section 401 certification
for some Section 404 nationwide
permits general permits to reduce
certain problematic losses in their
States. In particular, many States
denied certification of nationwide
permit 26 because they believe that
individual review of projects in
isolated and headwater wetlands is
critical to achieving CWA goals in
their States.

EPA asked States to develop or
improve their wetland water quality
standards by the end of September
1993.  Wisconsin is now using its
wetlands standards in Section 401
certification decisions on wetlands.
Other States are using their Section
401  authority to condition some of the
more than 300 dams that are coming
up for relicensing by FERC. Section
401  certification allows States to
address associated chemical, physical,
and  biological impacts such as low
dissolved oxygen levels, turbidity,
inundation of habitat, stream volumes
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 G. Prothro,
   May 1992
• PUD No. I of Jefferson County and
   City ofTacoma, petitioner v. Wash-
   ington Department of Ecology et al.,
   114 S.Ct. 1900(1994).
 How carl water quality standards protect wetlands?
Water quality standards have three primary components:  designated uses,
criteria to prbtect those uses, and an antidegradation policy. States desig-
nate uses based on the functions and values of their wetlands.  At a mini-
mum, these uses must meet the CWA goals to protect and propagate fish,
shellfish, and wildlife, and for recreation in and on the water.  States may
also designate uses associated with unique functions and values of wetlands
such as floodwater storage and ground-water recharge.

States also adopt criteria to protect those uses. Criteria can be general
narrative statements such as "maintain natural hydrologic conditions,
including hydroperiod, hydrodynamics, and natural water temperature
variations necessary to support vegetation which would be present natu-
rally." Criteria may also include specific numeric values, such as a dissolved
oxygen concentration of 5.0 mg/1.

State antidegradation policies include provisions for full protection of
existing uses (functions), maintenance of water quality of high-quality
waters, and a prohibition against lowering  water quality in outstanding
resource waters.  In addition, a State's antidegradation policy addresses fill
activities in wetlands by ensuring no significant degradation occurs as a
result of the fill activity.

Narrative criteria in conjunction with antidegradation policies can provide
the basis for addressing hydrologic and physical impacts to wetlands (not
discerned through numeric criteria) caused by nonpoint source pollution,
storm water discharges, ground-water pumping, filling, and other sources of
wetland degradation.  When combined with a strong implementation
policy, wetland water quality standards can provide the basis for such tools
as best management practices, monitoring programs, and mitigation plans,
as well as serve as the primary basis for Section 401 certification decisions.
 For more information, contact the EPA Wetlands Information Hotline
 at 1-800-832-7828 (contractor operated).

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                 United States
                 Environmental Protection
                 Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502F)
                EPA843-F-95-001y
                February 1995
          Wetlands  and  Runoff
 Since wetlands are typically the
 lowest area on the landscape, they
 often receive runoff from surrounding
 land. Several of the key programs
 that address such pollution are
 discussed in this fact sheet.
 Runoff (sometimes called "stormwater"
 or "nonpoint source pollution") is
 caused by rainfall or snow melt moving
 over and through the ground. Runoff
 carries natural and manmade pollut-
 ants into low areas such as wetlands,
 lakes, streams, and eventually into
 ground water. In addition, atmo-
 spheric deposition and hydrological
 modifications can  contribute pollut-
 ants to runoff as well as directly into
 surface water. The quality of U.S.
 wetlands and other water resources is
 related to the quality of the environ-
 ment contributing to these waters.
 However, programs have historically
 focused on single goals or small sets of
 goals. These programs have succeeded
 in identifying and controlling, to some
 degree, the larger point sources of
 pollution. EPA has expanded its focus
 to use an approach that addresses the
 interconnections between water
 resources and the land, air, and water
 environment surrounding the
 resources.


 Untreated Runoff
 Impacts to Wetlands

 Untreated runoff from agricultural
 land, urban areas, and other sources is
 a leading cause of water quality
 impairment.  Siltation; pollutants;
 excess nutrients; and changes to water
 flows, such as more frequent inunda-
 tion, and increased turbidity, are
 responsible for most of the impacts to
wetlands from runoff.

 Impacts to wetlands have resulted in
consequences such as changed species
composition, increased pollutant
 loadings (e.g., heavy metals), and
 replacement of complex wetland
 systems' with less desired open water.
 Modifications of wetlands associated
 with some runoff management
 practices have resulted in significant
 impacts to wetlands. Some impacts
 have been particularly tragic, such as
 in Kesterson and Stillwater Wildlife
 Refuges, where untreated, contami-
 nated runoff resulted in mortality and
 deformities of wildlife populations,
 particularly fish and migratory birds.


 Current Status

 EPA has developed technical informa-
 tion that landowners can use to
 protect the many functions of wet-
 lands, including water quality im-
 provement. An issue paper
 highlighting the impacts of stormwater
 on wetlands, entitled Natural Wetlands
 and Urban Stormwater: Potential
 Impacts and Management, is available
 through the EPA Wetlands Informa-
 tion Hotline (contractor operated).
 Other information that can be
 obtained includes a guide describing
 best management practices to pretreat
 stormwater runoff before it enters a
 natural wetland (in press). Additional
 materials on wetlands protection and
 restoration for nonpoint source
 benefits will be developed to assist in
 implementation of the wetlands and
 riparian areas chapter in the CZARA
 Management Measures Guidance (see
box on page 2).  EPA will continue to
work to address potential opportunities
and conflicts regarding wetlands and
programs addressing runoff.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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To Use or Not To Use
Wetlands for
Treatment?

Because wetlands have a natural water
quality improvement function, there
has been a tremendous amount of
interest in using wetlands to treat
runoff from urban areas, agricultural
lands, and other pollutant sources.
However, the critical question is,
"What can wetlands safely handle before
they are contaminated or their functions
degraded?" There are significant
opportunities to protect and restore
wetlands and riparian areas as one part
of programs addressing runoff. While
wetlands do provide valuable water
quality protection for downstream
rivers, lakes, and estuaries, the quality
of the wetlands, as waters of the
United States, should also be
protected.

Decisions that might route runoff into
wetlands, cither inadvertently or by
design, should be carefully evaluated,
and adequate wetlands protection
should be provided, including avoid-
ance of the wetlands, use of best
 management practices (BMPs), and
 monitoring to observe how well the
 BMPs work.

 For additional information regarding
 the Section 319 program or the
 CZARA guidance, contact the EPA
 Nonpoint Source Control Branch at
 (202) 260-7100.

 For additional information about the
 Section 402 stormwater program,
 contract the Stormwater Hotline at
 (703) 821-4823.
EPA Programs that Address Runoff
Clean Water Act Section 402(p)

Section 402(p) requires stormwater permits for four major classes of
stormwater discharges: (1) discharges for which a permit has been issued
under Section 402 before the date of the enactment of this subsection;
(2) discharges associated with industrial activity; (3) discharges from a
municipal separate stormwater sewer system serving an incorporated or
unincorporated, urbanized population greater than 100,000; and (4)
discharges that contribute to a violation of a water quality standard or are
significant contributors of pollutants to waters of the United States. This
program has issued guidance for preparation of permit applications for
regulated municipal and industrial stormwater discharges. In addition, it
stresses the use of best management practices (BMPs) to minimize or
eliminate the contribution of pollutants to stormwater discharges to waters
of the United States, including wetlands.


Clean Water Act Section 319

Section 319 established a national program to control nonpoint sources of
pollution. The program stresses a watershed-based approach to nonpoint
source management which can include protection or restoration of wetlands
and riparian areas to reduce nonpoint source pollution. EPA has funded a
number of these projects under Section 319(h).


Coastal Zone Act Reauthorization Amendments  of
 1990 (CZARA)

 Under Section 6217 of CZARA, EPA and the National Oceanic Atmo-
 spheric Administration (NOAA) have developed guidance specifying
 management measures for nonpoint source pollution affecting coastal
 waters. Included in the guidance (released in January 1993) is a chapter on
 protection and restoration of wetlands and riparian areas, and use of
 vegetated treatment systems for nonpoint source control. Coastal States are
 now developing programs to implement the management measures in
 coastal areas.
  For more information, contact the EPA Wetlands Information Hotline
  at 1-800-832-7828 (contractor operated).

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xvEPA
                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502F)
              EPA843-F-95-001 z
              February 1995
          Wetlands  and  Watersheds
 Wetlands are important elements of a
 watershed because they serve as the
 link between land and water re-
 sources. Wetlands protection
 programs are most effective when
 coordinated with other surface and
 ground-water protection programs
 and with other resource management
 programs, such as flood control,
 water supply, protection offish and
 wildlife, recreation, control of
 stormwater, and nonpoint source
 pollution. This fact sheet discusses
 the "why" and "how" of integrating
 these programs.
Why Use an Integrated
Approach?

The quality of the Nation's wetlands
and other water resources is directly
linked to the quality of the environ-
ment surrounding these waters.
However, resource protection pro-
grams have historically focused on
single goals or a small set of goals.
These programs have succeeded in
identifying and controlling, to some
degree,  the larger point sources of
pollution. Now it's time to use an /
approach that addresses the intercon-
nections between water resources and
the land, air, and water environment
surrounding the resources.
                                     What's a Watershed?
                                    A watershed, also called a drainage
                                    basin, is the area in which all
                                    water, sediments, and dissolved
                                    materials flow or drain from the
                                    land into a common river, lake,
                                    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.

                                   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
                                   as the Mississippi River drainage basin
                                   or as small as a back yard.
 How Does EPA
 Encourage an
 Integrated Approach?

EPA's Office of Water is actively
pursuing a Watershed Protection
Approach within EPA and with other
agencies. EPA's Wetlands Division
incorporates a watershed approach in
much of its work with other agencies,
States, and organizations. Current
activities include the following:
• developing guidance linking
  wetlands protection programs to
  watershed planning efforts

• funding State watershed projects
  through State Wetland Protection
  Grants

• integrating a watershed approach
  into Federal floodplain management
  activities

• supporting a series of national and
  regional meetings on wetlands and
  regional watershed planning.
                                               PROTECTION
                                                                     • An Integrated, Holistic Approach •
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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 oEPA
                  United States
                  Environmental Protection
                  Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
               EPA843-F-95-001 aa
               February 1995
           What  is  a  State Wetland  Conservation
           Plan?
 A tool that States, Territories, and
 Tribes are using to protect wetlands
 is the State Wetland Conservation
 Plan (SWCP). A State Wetland
 Conservation Plan is not meant to
 create a new level of bureaucracy.
 Instead, it improves government and
 private sector effectiveness and
 efficiency by  identifying gaps in
 wetland protection programs and
 finding opportunities to make wet'
 lands programs work even better.
 Advantages
 State Wetland Conservation Plan are
 strategies for States to achieve no net
 loss and other wetland management
 goals by integrating both regulatory and
 nonregulatory approaches to protecting
 wetlands.
 A large number of land- and water-
 based activities impact wetlands.
 These activities are not addressed by
 any single Federal, State or local
 agency program.  While many public
 and private programs and activities
 protect wetlands, these programs are
 often limited in scope and not well
 coordinated. Neither do these
 programs address all of the problems
 affecting wetlands.

 States, Territories, and Tribes are well
 positioned between Federal and local
 government to take the lead in
 integrating and expanding wetland
 protection and management programs.
 They are experienced in managing
 Federally mandated environmental
 programs under the Clean Water Act
 and the Coastal Zone Management
 Act. They are uniquely equipped to
 help resolve local and regional
 conflicts and identify the local
 economic and geographic factors that
 may influence wetlands protection.

What are States doing?

• Texas' SWCP will focus upon non-
  regulatory and voluntary approaches
  to wetland protection to comple-
  ment its regulatory program.  The
  plan will encourage development of
  economic incentives for private
  landowners to protect wetlands and
  educational outreach for State and
  local officials.
 •  Tennessee's plan focuses on a
   strategy to collect wetland informa-
   tion for outreach and education to
   private owners of wetlands as well
   as to regional and local decision-
   makers. Current implementation
   efforts include identification of
   critical functions of major wetland
   types, priority sites for acquisition
   and/or restoration, as well as
   maintenance and restoration of
   natural floodplain hydrology
   through digitization and use of
  remote sensing.

• Maine's SWCP will focus on ways
  to establish better coordination
  between State and Federal regula-
  tory programs, as well as new non-
  regulatory mechanisms to foster
  voluntary stewardship.  In addition,
  the State expects to use an ecosys-
  tem framework to guide the
  prioritization of wetlands for
  comprehensive protection, and
  review and improve compensatory
  mitigation policies.
                                                                         FOR MORE
                                                                         INFORMATION:
   See the Statewide Wetlands
   Strategies guidebook, which is
   available from Island Press
   (1-800-828-1302).
   Ask for copies of the SWCP
   brochure "Why Develop a State
   Wetland Conservation Plan?"
   from the EPA Wetlands Infor-
   mation Hotline (contractor
   operated).
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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 xvEPA
                  United States
                  Environmental Protection
                  Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
EPA843-F-95-001bb
February 1995
           Advance  Identification  (ADID)
  This fact sheet describes the advance
  identification of disposal areas
  (ADID), a planning process used to
  identify wetlands and other waters
  that are generally suitable or unsuit-
  able for the discharge of dredged and
  fill material.  It highlights how the
  ADID process works and the status
  of ongoing projects.
  CASE STUDY: In the West Eugene,
  Oregon, Wetlands Special Area Study,
  local ADID efforts led to a Section
  404 general permit.  Because the
  ADID was incorporated into the City
  of Eugene's general comprehensive
  plan, and because Oregon land-use
  policies have the effect of local knd-use
  law, the ADID effort streamlined the
  regulatory process.
  How the ADID Process Works

  The ADID process involves collecting and distributing information on the
  values and functions of wetland areas. EPA conducts the process in cooperation
  with the U.S. Army Corps of Engineers and in consultation with States or
  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
  preliminary indication of factors likely to be considered during review of a
  Section 404 permit application.

  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.

 Statuis 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
 example, ADID projects have been initiated by local entities to facilitate
 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 '
 successful ways of generating support for wetlands protection. Local cooperation
 and support are vital to the success of ADID projects.

The number of ADID projects has increased over time, and EPA expects more
States,  Tribes, localities, and private organizations to become involved in
providing funds and otherwise supporting ADID or other comprehensive
planning efforts. Because ADID efforts are usually based on watershed planning,
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).

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Status of EPA Wetlands Advance Identification
Projects-1993
• Projects Ongoing

O Projects Complete
 U.S. EPA, Office ofWater,Office of Wetlands, Oceans, and Watersheds
  For more information, contact the EPA Wetlands Information Hotline
  at 1-800-832-7828 (contractor operated).

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                 United States
                 Environmental Protection
                 Agency
 xvEPA
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
               EPA843-F-95-001cc
               February 1995
           EPA's  Outreach  Efforts
 EPA's Wetlands Division uses various
 tools to protect wetlands effectively.
 One of the primary tools is outreach.
 The goal of outreach efforts is to
 increase long-term wetlands conser-
 vation and management.  This goal
 can be accomplished by enhancing
 public understanding of the value of
 wetlands and supporting innovative
 programs that encourage private,
 State, and local actions to conserve
 wetlands. The Wetlands Division
 and EPA's Regional Offices are
 actively involved in outreach initia-
 tives as outlined in this fact sheet.
 Outreach activities include the
 following:
 • creating partnerships with members
   of the agricultural community,
   private landowners, State and local
   governments, and other Federal
   agencies
 • educating the public, both children
   and adults
 • providing technical assistance to
   State and local governments as well
   as private and nonprofit organiza-
   tions.


 EPA's Wetlands
 Information  Hotline
 (1-800-832-7828)

A toll-free telephone service, operated
by a contractor to EPA, responds to
public interest, questions, and requests
for information about wetlands. From
March 1993 to March 1994, the
Hotline received and responded to
9,980 calls, or about 832 per month.
                                   American Wetlands
                                   Month

                                   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.
 Audubon's America

 EPA supports this program to protect,
 conserve, restore, enhance, and
 interpret the natural and cultural
 resource values of the land and water
 areas where John James Audubon
 lived, traveled, wrote, painted, and
 observed. This will be accomplished
 by recognizing and establishing a
 system of connected public and
 privately owned natural areas in the
 midwestern and eastern United States.


 Workshops  and
 Conferences

 EPA sponsors a variety of forums
 encouraging informed discussion of
 wetlands issues, including State
 programs, wetlands and watershed
 management, categorization, mitiga-
 tion, altered wetlands, and education.


 Publications

 These include brochures and fact
 sheets for the public; teachers and
 students; landowners and farmers
 affected by the permitting process;
 State, Tribal, and local governments;
 and organizations interested in
environmental issues.  To date, much
of the information has been provided
 in hard copy. .Soon  this information
may be available on Internet.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
               EPA843-F-95-001dd
               February 1995
 xvEPA
          Partnerships with  Landowners
 All ethics so far evolved rest upon a
 single premise:  that the individual is
 a member of a community of interde-
 pendent parts. His instincts prompt
 him to compete for his place in the
 community, but his ethics prompt
 him also to cooperate (perhaps in
 order that there may be a place to
 compete for). The land ethic simply
 enlarges the boundaries of the
 community to include soils, waters,
 plants, animals, or collectively, the
 land.
 -Aldo Leopold, A Sand County
 Almanac
 An increasingly popular way to
 strengthen wetlands protection is to
 foster innovative public/private
 partnerships and promote landowner
 participation in voluntary stewardship
 of wetlands. This fact sheet discusses
 ways the EPA is encouraging partner-
 ships with landowners.


 Why Should
 Landowners Be
 Interested in Wetlands
 Protection?

 Wetlands conservation has positive,
 long-term impacts on the environ-
 ment, commerce, and quality of life.
 In contrast, continued wetland loss has
 negative impacts on water quality,
 biodiversity, the economy, and human
 health and safety.

 Approximately 75% of the remaining
 wetlands in the lower 48 States are
 privately owned. Recently, much of
 the national focus on wetlands
 protection has been on regulatory
 programs. However, regulatory
 programs only provide partial protec-
 tion. In contrast, numerous voluntary
programs in the public and private
sectors provide educational, technical,
and financial assistance to private
landowners in protecting wetlands. '
 Landowner Assistance
 Available

 Private landowner assistance and
 partnership programs among govern-
 ment, nonprofit, and private groups
 are areas of growing national interest.
 The potential for voluntary programs
 to protect wetland resources is being
 recognized by Federal, State, and local
 governments. EPA has actively
 promoted landowner assistance and
 partnership programs through such
 activities as
 •  American Wetlands Month
 •  Audubon's America
 •  the EPA Wetlands Information
   Hotline (contractor operated).

 EPA also helped develop a pilot
 project promoting voluntary wetlands
 programs in the State of Maryland. A
 report that came out of that project,
 Private Landowner's Wetfands Assistance
 Guide: Voluntary Options for Wetlands
 Stewardship in Maryland, is available by
 calling the EPA Wetlands Information
 Hotline (contractor operated).


 Upcoming Programs

Other States have indicated a strong
interest in initiating a program similar
to the Maryland program, including
California, Arizona, and Oregon.
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
EPA843-F-95-()01ee
February 1995
 vvEPA
          Wetland  Acquisition  and  Restoration:
          Funding  and Technical Assistance
 Seventy'four percent of the remaining
 wetlands in the contiguous United
 States are located on private property.
 As stewards  of the land, private
 property owners have a tremendous
 opportunity to safeguard the Nation's
 wetlands resources through wise
 land-use decisions.
 Many Federal, State, and local programs as well as private and nonprofit organiza-
 tions offer cost-sharing, technical, and often direct payment assistance to private
 landowners to protect, restore, and create wetlands. Much of the information and
 funding involves agricultural-related activities in wetlands; however, ample
 resources also exist for landowners who engage in other activities. Options for
 private landowners include land banks, transferrable development rights, deed
 restrictions, easements to conservation organizations—all, of which can provide
 tax breaks—and leases of rights to hunt, fish, harvest timber, and trap fur-bearing
 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 L7.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).

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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/Nonprofit Assistance

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

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

 The haak Walton League offers the Partners for Wetlands program.
 • 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, goals, 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
  ar 1-800-832-7828 (contractor operated).

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vvEPA
                United States
                Environmental Protection
                Agency
            Office of Water,
            Office of Wetlands,
            Oceans and Watersheds (4502 F)
               EPA843-F-95-001ff
               February 1995
          Environmental   Protection  Agency:
          Directory
  Office of Water         I '
  Office of Wetlands, Oceans,
  and Watersheds
   Robert H. Wayland, III, Director
   David G. Davis, Deputy Director
   Tel: (202) 260-7166

   Wetlands Division (4502F)
   401 M Street, SW
   Washington, DC  20460
   John Meagher, Director
   Gregory E. Peck, Acting Deputy
   Director
   Tel: (202)260-7791
   Fax: (202)260-2356

   Wetlands and Aquatic Resources
   Regulatory Branch
   Tel: (202)260-1799
   Fax: (202)260-7546
   Hazel A.  Groman, Acting Chief

   Enforcement and Regulatory
   Policy Section
   John Goodin, Acting Chief

   Elevated Cases Section
   Joe DaVia, Acting Chief

   Wetlands Strategies and State
   Programs Branch
   Tel: (202)260-9043
   Fax: (202)260-8000
   Phil Oshida, Chief

   Outreach and State Programs
   Section
   Stan Austin, Chief

   Wetlands Strategies and Initia-
   tives Section
   Vacant
Regional Wetlands Contacts

Region I: CT, MA, ME, MH, RI, VT
Douglas Thompson, Chief
Wetlands Protection Section (WWP-
1900)
U.S. EPA-Region I
John F. Kennedy Federal Building
Boston, MA  0220.3-1911
Tel: (617)565-4421
Fax: (617)565-4940

Region II: NJ, NY, PR, VI
Daniel Montella, Chief
Wetlands Section (2WM-MWP)
U.S. EPA-Region II
26 Federal Plaza, Room 837
New York, NY  10278
Tel: (212)264-5170
Fax: (212)264-4690

Region III:  DE, MD, PA, VA, WV
Barbara D'Angelo, Chief
Wetlands Protection Section
(3ES42)
U.S. EPA-Region III
841 Chestnut Street
Philadelphia, PA 19107
Tel: (215)597-9301
Fax: (215) 597-1850

Region IV:  AL, FL, GA, KY, MS, NC,
SC,TN
Tom Welborn, Chief
Wetlands Regulatory Section
U.S. EPA-Region IV
345 Courtiand Street, N.E.
Atlanta, GA 30365
Tel: (404) 347-4015
Fax: (404) 347-3269

Region V: IL, IN, MI, MN, OH, WI
Douglas Ehorn, Chief
Wetlands and Watersheds Section
(WQW-16J)
U.S. EPA-Region V
77 West Jackson Boulevard
Chicago, IL 60604
Tel: (312)886-0243
Fax: (312)886-7804
Region VI: AR, LA, NM, OK, TX
Beverly Ethridge, Chief
Wetlands Protection Section (6E-FT)
U.S. EPA-Region VI
1445 Ross Avenue, Suite 900
Dallas, TX  75202
Tel: (214)655-2263 '
Fax: (214)655-7446

Region VII: IA, KS, MO, NE
Gerry Shimek, Acting Chief
Wetlands Protection Section (ENRV)
U.S. EPA-Region VII
726 Minnesota Avenue
Kansas City, KS  66101
Tel: (913)551-7540
Fax: (913)551-7863

Region VIII: CO, MT, ND, SD, UT, WY
Gene Reetz, Chief
Wetlands Protection Section (8WM-WQ)
U.S. EPA-Region VIII
999 18th Street
500 Denver Place
Denver, CO 80202-2405
Tel: (303)293-1570
Fax: (303)391-6957

Region IX: AZ, CA, HI, NV, Pacific
Islands
Stephanie Wilson
Watersheds Protection Branch
(W-7-4)
U.S. EPA-Region IX
75 Hawthorne Street
San Francisco, CA  94105
Tel: (415)744-1968
Fax: (415) 744-1078

Region X: AK, ID, OR, WA
William Riley, Chief
Wetlands Section (WD-128)
U.S. EPA-Region X
1200 Sixth Avenue
Seattle, WA 98101
Tel: (206)553-1412
Fax: (206)553-1775
 For more information, contact the EPA Wetlands Information Hotline
 at 1-800-832-7828 (contractor operated).

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-------
 v>EPA
                 United States
                 Environmental Protection
                 Agency
             Office of Water,
             Office of Wetlands,
             Oceans and Watersheds (4502 F)
                EPA843-F-95-001E
                February 1995
           Corps  of  Engineers  Regulatory  Program
           Directory
 Michael L. Davis
 Chief, Regulatory Branch (CECW-OR)
 U.S. Army Corps of Engineers
 20 Massachusetts Avenue, NW
 Washington, DC 20314-1000
 Tel: (202)272-1782
 Faxt (202)504-5069

 Lower Mississippi Valley
 Division

 Susan Hampton
 U.S. Army Corps of Engineers
 Lower Mississippi Valley Division
 (CELMV-CO-R)
 P.O. Box 80
 Vicksburg, MS 39180-0080
 (601)634-5821
 Memphis District
 Larry D. Watson
 U.S. Army Corps of Engineers
 Memphis District (CELMM-CO-R)
 B-202 Clifford Davis Federal Building
 Memphis, TN  38103-1894
 (901) 544-3471
 New Orleans
 Ronald J. Ventola
 U.S. Army Corps of Engineers
 New Orleans District (CELMN-OD-R)
 P.O. Box 60267
 New Orleans, LA 70160-0267
 (504) 862-2255
St. Louis District
Michael Brazier
U.S. Army Corps of Engineers
St. Louis District (CELMS-OD-R)
1222 Spruce Street
St. Louis, MO 63103-2833  /
(314) 331-8575
 Vicksburg District
 E. Guynes
 U.S. Army Corps of Engineers
 Vicksburg District (CELMK-OD-F)
 2101 N. Frontage Rd.
 Vicksburg, MS 39180-5191
 (601)631-5276

 Missouri River Division

 Mores V. Bergman
 U.S. Army Corps of Engineers
 Missouri River Division
 12565 W. Center Road
 Omaha, NE 68144
 (402) 697-2533
 Kansas City District
 Mel Jewett
 U.S. Army Corps of Engineers
 Kansas City District (CEMRK-OD-R)
 700 Federal Building
 Kansas City, MO  64106-2896
 (816) 426-3645
Omaha District
John Morton
U.S. Army Corps of Engineers
Omaha District (CEMRO-OP-N)
215 North 17th Street
Omaha, NE 68102-4978
(402) 221-4133

New  England Division

William R. Lawless
U.S. Army Corps of Engineers
New England Division (CNEED-OD-P)
424 Trapelo Road
Waltham, MA 02254-9149
(617) 647-8057
 North Atlantic Division

 Lenny Kotkiewicz
 U.S. Army Corps of Engineers
 North Atlantic Division (CENAD-CO-
 OP)
 90 Church Street
 New York, NY 10007-9998
 (212) 264-7535
 Baltimore District
 Donald W. Roeseke
 U.S. Army Corps of Engineers
 Baltimore District (CENAB-OP-PN)
 P.O. Box 1715
 Baltimore, MD 31203-1715
 (410) 962-3670
New York District
Joseph Seebode
U.S. Army Corps of Engineers
New York District (CENAN-PL-E)
26 Federal Plaza
New York, NY  10278-0090
(212) 264-3996
Norfolk District
William H. Poore, Jr.
U.S. Army Corps of Engineers
Norfolk District (CENAO-OP-N)
803 Front Street
Norfolk, VA  23510-1096
(804) 441-7068
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated).

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    US Army Corps
    of Engineers
                    Directory  Continued
Philadelphia District
Frank Cianfrani
U.S. Army Corps of Engineers
Philadelphia District (CENAP-OP-N)
Wanamakcr Building
100 Penn Square East
Philadelphia, PA  19107-3390
(215) 656-6725

North Central Division

Dr. Michael Locsch
U.S. Army Corps of Engineers
North Central Division (CENCD-CO-
MO)
111 N. Canal Street, 12th Floor
Chicago, IL 60606
(312) 353-7762
Buffalo District
Paul G. Leuchner
U.S. Army Corps of Engineers
Buffalo District
1776 Niagara Street
Buffalo, NY  14207-3199
(716) 879-4313
 Chicago District
 Mitchell Isoe
 U.S. Army Corps of Engineers
 Chicago District (CENCC-CO)
 111 N. Canal Street, 6th Floor
 Chicago, IL  60606
 (312) 886-3555 or (312) 353-6428
 Detroit District
 Gary R. Mannesto
 U.S. Army Corps of Engineers
 Detroit District (CENCE-CO-OR)
 P.O. Box 1027
 Detroit, MI  48231-1027
 (313) 226-2432
 Rock Island District
 Steven J. Vander Horn
 U.S. Army Corps of Engineers
 Rock Island District (CENCR-OD-R)
 P.O. Box 2004
 Clock Tower Building
 Rock Island, IL 61204-2004
 (309) 794-5370
St. Paul District
BenWopat
U.S. Army Corps of Engineers
St. Paul District (CENCS-SO-PO)
1421 USPO &. Custom House
190 - 5th Street East
St. Paul, MN 55101-1638
(612) 290-5376

North Pacific Division

Laura Kemp
U.S. Army Corps of Engineers
North Pacific Division (CENPD-CO-R)
P.O. Box 2870
Portland, OR  97208-2870
(503) 326-3780
Alaska District
Robert K. Oja, Regulatory Branch
U.S. Army Corps of Engineers
Alaska District (CENPA-CO-NF)
P.O. Box 898
Anchorage, AK  99506-0898
(907) 753-2712


Portland District
Burt Paynter
U.S. Army Corps of Engineers
Portland District (CENPP-OP-PN)
P.O. Box 2946
Portland, OR 97208-2946
(503) 326-7146
 Seattle District
 Tom Mueller
 U.S. Army Corps of Engineers
 Seattle District (CENPS-OP-PO)
 P.O. Box 3755
 Seattle, WA 98124-2255
 (206) 764-6695
 Walla Walla District
 Brad Daly
 U.S. Army Corps of Engineers
 Walla Walla District (CENPW-OP-RM)
 City-County Airport
 Walla Walla, WA 99362-9265
 (509) 522-6720
Ohio River Division

Rodney Woods
U.S. Army Corps of Engineers
Ohio River Division (CEORD-CO-OR)
P.O. Box 1159
Cincinnati, OH  45201-1159
(513) 684-6212
Huntington District

Mike Gheen
U.S. Army Corps of Engineers
Huntington District (CEORH-OR-F)
502 8th Street
Huntington, WV  25701-2070
(304) 529-5487
Louisville District
William Christman.
U.S. Army Corps of Engineers
(CEORH-OR-R)
P.O. Box 59
Louisville, KY 40201-0059
(502) 582-6461
 Nashville District
 Joseph R. Castleman
 U.S. Army Corps of Engineers
 Nashville District (CEORN-OR-R)
 P.O. Box 1070
 Nashville, TN  37202-1070
 (615) 736-5181
 Pittsburgh District
 E. Raymond Beringer
 U.S. Army Corps of Engineers
 Pittsburgh District (CEORP-OR-R)
 1000 Liberty Avenue
 Pittsburgh, PA  15222-4186
 (412) 644-6872

 Pacific Ocean Division

 Mike Lee
 U.S. Army Corps of Engineers
 Pacific Ocean Division (CEPOD-CO-O)
 Building 230
 FortShafter.HI 96858-5440
 (808) 438-9258
 For more information, contact the EPA Wetlands Information Hotline
 at 1-800-832-7828 (contractor operated)

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      US Army Corps
      of Engineers
                     Directory Continued
  South Atlantic Division

  James M. Kelly
  U.S. Army Corps of Engineers
  South Atlantic Division (CESAD-CO-R)
  Room 313
  77 Forsythe Street, SW
  Atlanta, GA  30335-6801
  (404) 331-2778
 Charleston District
 Clarence H. Ham
 U.S. Army Corps of Engineers
 Charleston District (CESAC-CO-M)
 P.O. Box 919
 Charleston, SC  29402-0919
 (803) 727-4604
 Jacksonville District
 Dr. John Hall
 U.S. Army Corps of Engineers
 Jacksonville District (CESAJ-CO-OR)
 P.O. Box 4970
 400 West Bay Street
 Jacksonville, FL 32232-0019
 (904) 232-2907
 Mobile District
 Ron Krizman
 U.S. Army Corps of Engineers
 Mobile District (CESAM-OP-R)
 P.O. Box 2288
 Mobile, AL  36628-0001
 (205) 690-2658
 Savannah District
 Nick Ogden
 U.S. Army Corps of Engineers
 Savannah District (CESAS-OP-R)
 P.O. Box 889
 Savannah, GA 31402-0889
 (912)652-5347
Wilmington District
G. Wayne Wright
U.S. Army Corps of Engineers
Wilmington District (CESAW-CO-R)
P.O. Box 1890
Wilmington, NC 28402-1890
(910) 251-4630
 South Pacific Division

 Theodore E. Durst
 U.S Army Corps of Engineers
 S. Pacific Division (CESPD-CO-O)
 630 Sansome Street, Room 1216
 San Francisco, CA  94111-2206
 (415) 705-1443
 Los Angeles District
 John Gill
 U.S. Army Corps of Engineers
 Los Angeles District (CESPL-CO-O)
 P.O. Box 2711
 Los Angeles, CA 90053-2325
 (213) 894-5606
 Sacramento District
 Art Champ
 U.S. Army Corps of Engineers
 Sacramento District (CESPK-CO-R)
 1325 J Street
 Sacramento, CA  95814-2922
 (916) 557-5250


 San Francisco District
 Calvin C. Fong
 U.S. Army Corps of Engineers
 San Francisco District
 (CESPN-CO-O)
 211 Main Street
 San Francisco, CA 94105-1905
 (415)  744-3036, ext. 233

 South Western Division

 Vicki Dixon
 U.S. Army Corps of Engineers
 Southwestern Division (CESWD-CO-R)
 1114 Commerce Street
 Dallas, TX 75242-0216   \
 (214) 767-2436
Albuquerque District
Andrew J. Rosenau
U.S. Army Corps of Engineers
Albuquerque District (CESWA-CO-R)
P.O. Box 1580
Albuquerque, NM 87103-1508
(505) 766-2776
 Fort Worth District
 Wayne A. Lea
 U.S. Army Corps of Engineers
 Fort Worth District (CESWF-OD-M)
 P.O. Box 17300
 Fort Worth, TX 76102-0300
 (817)334-2681
 Galveston District
 Marcos De La Rosa
 U.S. Army Corps of Engineers
 Galveston District (CESWG-CO-MO)
 P.O. Box 1229
 Galveston, TX 77553-1229
 (409) 766-3930


 Little Rock District
 Louie C. Cockmon, Jr.
 U.S. Army Corps of Engineers
 Little Rock District (CESWL-CO-L)
 P.O. Box 867
 Little Rock, AR  72203-0867
 (501) 324-5296


 Tulsa District
 Dave Manning
 U.S. Army Corps of Engineers
 Tulsa District (CESWT-OD-R)
 P.O. Box 61
 Tulsa, OK  74121-0061
 (918) 669-7400

 Waterways Experiment Station

 Russell F. Theriot, Manager
 Wetlands Research Program
 U.S. Army Corps of Engineers
 Waterways Experiment Station
 Environmental Laboratory
 (CEWES-EL-W)
3909 Halls Ferry Road
Vicksburg, MS 39180-6199
(601) 634-2733
(601) 634-3528 (fax)
                                                           * U.S. GOVERNMENT PRINTING OFFICE: 1995- 615 - 003 / 21009
For more information, contact the EPA Wetlands Information Hotline
at 1-800-832-7828 (contractor operated)

-------

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