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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1<
/
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391
Vdministra
1?
tiv
JLJ
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).
-------
-------
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).
-------
-------
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).
-------
-------
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).
-------
-------
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).
-------
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).
-------
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).
-------
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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