EPA 903-R-98-002 CBP/TRS-195/98
                         February 1998
Protecting
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(/Etlands II
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  Technical and Financial
  Assistance Programs for
  Local Governments in the
  Chesapeake Bay
  Region
 Chesapeake Bay Program
                         Laurie Hewitt

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       PROTECTING WETLANDS:
TECHNICAL AND FINANCIAL ASSISTANCE
 PROGRAMS FOR LOCAL GOVERNMENTS
   IN THE CHESAPEAKE BAY REGION
               February 1998

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                           A cknowledgmen ts

 This handbook was prepared by the Environmental Law Institute® (ELI) with funding
 from the Chesapeake Bay Program, U.S. Environmental Protection Agency (U.S. EPA)
 under Assistance Agreement No. CB993349.
Protecting Wetlands: Local Government Guide to Federal and State Wetlands Protection
Programs in the Chesapeake Bay Region

ELI Project #951701

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                           Table of Contents
                       Chapter One: Federal Programs

CLEAN WATER ACT              	1
       Section 404  ....           	      	1
       Types of Permits	         . . 2
       Individual Permits	     	2
       Genera.1 Permits	              	      3
       Statewide Programmatic Genera] Permits	4
             Permit Experience                     	         	5
       Clean Water Act §401: State Water Quality Certification	             .... 6

THE COASTAL ZONE MANAGEMENT ACT (CZMA) OF 1972 AND COASTAL
       ZONE ACT REAUTHORIZATION AMENDMENTS
       (CZARA) OF 1990   . .      	         	7
       Federal Consistency Provision  ....           . .   .      	     ... 9

FEDERAL TRANSPORTATION LAWS	9
       Transportation Planning Opportunities	               	10
       Transportation Enhancements and Mitigation      .    	        ..11

NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)	      . . 12

ENDANGERED SPECIES ACT (ESA) 	            	         	    14
                        Chapter Tn'o: State Programs

STATE \\TBTLANDS PROGRAMS: PERMITTING AND
MITIGATION POLICIES   	       	17
      Pennsylvania   	     	      	        ....      .    .17
             Permitting, State Agency Responsibilities, and the Public Process   . .    17
             State Water Quality Certification: §401	     ....     .18
             Pennsylvania State Programmatic General Permit     	     .18
             Mitigation Policy & Requirements    ...        .  .     ....     .     19
      Man-land	     	        .     	     . .   20
             Permitting, State Agency Responsibilities, and the Public Process .       20
             State Water Quality Certification: §401  ...      ...    .     ..    .22
             Maryland State Programmatic General Permit  .      . .    . .     . .    22
             Mitigation Policy & Requirements	22

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      Virginia 	  23
             Permitting, State Agency Responsibilities, and the Public Process  ....   23
             State Water Quality Certification: §401	  24
             Mitigation Policy & Requirements  	25
      District of Columbia	25
             Permitting, State Agency Responsibilities, and the Public Process	  25
             Mitigation Policy & Requirements  	26
      Summary: State Regulatory Programs	26
STATE WETLANDS PLANS 	27
      State Wetlands Conservation Plans  	27
      Statewide Comprehensive Outdoor Recreation Plans (SCORPs)	27

STATE NONPOINT SOURCE PROGRAMS  	29
      Clean Water Act §319: Nonpoint Source Management Program	29
      EPA Nonpoint Source Funding in the Bay Region	29
      Coastal Zone Management Act: Coastal Nonpoint Source Program  	30
      National Flood Insurance Program (NFIP)	31
     Chapter Three:  State and Federal Technical Assistance, Cost-share
                   Programs & Subsidies to Landowners

DEPARTMENT OF AGRICULTURE FARM PROGRAMS	33
      Wetlands Reserve Program (WRP)	34
      Flood Risk Reduction	36
      Emergency Watershed Protection Program	36
      Environmental Quality Incentives Program (EQIP)	36
      Conservation Reserve Program (CRP)	37
      Wildlife Habitat Incentives Program (WHIP)  	38
      Farm Credit Program 	38

FEDERAL AND STATE FORESTRY PROGRAMS	39
      U.S. Forest Service Stewardship Programs	39
            Forest Stewardship Program 	40
            Stewardship Incentive Program	40
      U.S. Department of Agriculture: Forestry Incentives Program 	41
      State Forestry Programs 	41
            Virginia	42
            Pennsylvania	42
            Maryland	43
                   Maryland Woodland Incentives Program 	44
                   Maryland Buffer Incentives Program  	44
                   Maryland Non-Structural Shore Erosion Control Act	44

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STATE WETLANDS PROGRAMS:  TECHNICAL ASSISTANCE
& COST-SHARES  	 45
       Pennsylvania  	45
             Technical Assistance and Cost-Share	 45
             Greenways  	45
       Maryland  	46
             Technical Assistance and Cost-Share  	46
             Wild Acres	46
             Wildlife Habitat Improvement Program 	46
             Maryland Greenways Program	46
             Rural Legacy Program  	47
       Virginia  	47
             Technical Assistance and Cost-Share	47
       District of Columbia	48
             Technical Assistance and Cost-Share	48

U.S. FISH AND WILDLIFE SERVICE	48
       Partners for Wildlife 	48
       Partners in Flight	49
       North American Waterfowl Management Plan (NAWMP)  	 50
             Projects of the NAWMP 	51
       North American Wetland Conservation Act (NAWCA)	51
             NAWCA in the Chesapeake Bay	51

PRIVATE SOURCES OF TECHNICAL ASSISTANCE AND COST-SHARE	52
       Ducks Unlimited	52
             Private Lands Program	52
             MARSH Program	54
       Statewide Land Trusts	54
             Pennsylvania	54
             Virginia	55
             Maryland	55
       Chesapeake Bay Foundation	55
       Chesapeake Wildlife Heritage	56
       Youth Corps in the Chesapeake Bay 	56
  Chapter Four Federal and State Research and Educational Information

FEDERAL AGENCY RESEARCH AND INFORMATION  	57
      U.S. Environmental Protection Agency  	57
             Office of Research and Development	57
             Chesapeake Bay Program	57
             Wetlands Information Hotline	59
      U.S. Army Corps of Engineers	59
      U.S. Department of Agriculture  	59
             Wetlands Science Institute	59
             Cooperative State Research, Education, & Extension
                Service (Extension Service)	60
             National Resources Inventory (NRI)	60

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       U.S. Fish & Wildlife Service  	61
             National Wetlands Inventory (NWI)	61
             General Educational Information  	62
       U.S. Geological Survey	62
             U.S. Geological Survey's Chesapeake Bay Ecosystem Program	  62
             USGS Biological Resources Division	63

STATE TECHNICAL AND INFORMATION RESOURCES	63
       Natural Heritage Programs	63
       Other State Informational Resources	65
       Pennsylvania 	65
             Educational Information 	65
             Wetlands Data:  Registry 	65
       Maryland 	65
             Educational Information 	65
             Wetlands Data:  Mapping & Registry	65
       Virginia   	66
             Educational Information 	66
             Wetlands Data:  Mapping & Registry	66
       District of Columbia 	66
             Educational Information 	66
             Wetlands Data:  Mapping & Registry	66

WETLANDS EDUCATIONAL PROGRAMS 	67
       Project Learning Tree	67
       Project WILD	68
       Project WET	68

Appendix I:  Acronyms

Appendix II: Contacts

Endnotes

List of Summary Boxes
Federal Agencies with a Role in  §404 of the Clean Water Act	2
Opportunities for Local Governments to be Involved in State and Federal Agency
Decision-Making	g
State Agencies Involved in State Wetland Permitting Programs  	20
Reviewing a State Wetlands Permit or §404 Permit	26
Sources of State, Federal, and Locally-Based Technical Assistance, Cost-Share
and Subsidies  	39
The Role of Local Conservation Planning	53
Sources of Federal and State Research and Educational Information	64

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                                     Chapter One:
                                            #
                                Federal Programs
           This material supplements Protecting Wetlands: Tools for Local Governments in the
    Chesapeake Bay Region, published in 1997 by the Chesapeake Bay Program Office of the U.S.
    Environmental Protection Agency. That guide focused on how local governments could
    use their own authorities to protect wetlands; this supplement identifies federal and state
    programs that may assist local protection efforts, or that can be influenced by local
    governments to support local wetland protection goals.
           Federal programs are discussed in Chapter One, followed by state wetland programs
    in Chapter Two.  Chapter Three identifies federal and state technical assistance, cost-share
    programs, and subsidies available to support private and local government conservation
    efforts. Some private sources of support are also included.  Chapter Four describes sources
    of wetlands-related data and educational information. The Appendices provide a list of
    acronyms and detailed contact information  for the government and nongovernmental
    organizations mentioned throughout the publication.
           Local governments concerned about the conservation and restoration of wetlands in
    the Chesapeake Bay can influence federal wetlands regulatory programs and other federal
    programs that affect wetlands.  With many of these federal laws, there are opportunities for
    public comment and requirements for agencies to hold public hearings before permits are
    issued or decisions are made. Local governments and private citizens can influence these
    processes through attending public meetings and submitting comments on proposed
    decisions.

    CLEAN WATER ACT

           There is no single federal law that regulates wetlands; rather, a number of laws cover
    different aspects of wetlands regulation. The primary federal law that regulates activities in
    wetlands is §404 of the Clean Water Act.

           Section 404

           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. The program is jointly
    administered by the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental
    Protection Agency (EPA). The Corps handles review of permit applications, decides when
    to issue or deny permits, and conducts most enforcement. EPA's responsibilities include

Chapter One: Federal Programs                                                   \

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 development of the environmental standards for issuing permits (the §404(b)(l) guidelines).
 The agency has the power to veto permit decisions of the Corps. EPA also has a role in
 enforcement of permits, although the Corps generally is the lead agency for enforcement.
 In addition, the U.S. Fish and Wildlife Service, the Natural Resources Conservation Service,
 and the National Marine Fisheries Service, have advisory roles in the program. The
 Department of Agriculture's Natural Resources Conservation Service (NRCS) has been
 delegated the authority to delineate wetlands on farmland.
                Federal Agencies with a Role in §404 of the Clean Water Act
                U.S. Army Corps of Engineers
                U.S. Environmental Protection Agency
                Natural Resources Conservation Service
                U.S. Fish and Wildlife Service
                National Marine Fisheries Service
        Types of Permits

        There are two basic kinds of permits authorized under §404.  Individual permits are
 issued on a project-by-project basis after federal review of specific project proposals.
 General permits are issued without reference to a particular proposal, but cover a variety of
 similar activities that have "only minimal adverse  environmental effects" by treating them
 alike.1 General permits impose standard conditions on activities that affect waters coming
 from wetlands (called "discharges") and streamlined approval of these activities.

        Individual Permits

        For discharges not authorized by general permits, an individual permit application
 must be submitted to the district office of the Army Corps that has jurisdiction over the
 area of the proposed discharge, unless  the state has been given this authority.  States
 perform varying roles in the permitting process (see section on Statewide Programmatic
 General Permits and individual State Wetlands Programs). After a completed application is
 received, the Corps or the state issues a public notice containing information such as the
 project location, scope, likely impacts, and applicable laws and regulations.  Notice is sent to
 all interested parties, including adjacent landowners; local, federal, and state agencies; and
anyone who requests a notice.
       Anyone — including local governments or private citizens — interested in receiving
notices of permit applications can write to the Corps' District Engineer or the state wetland
protection agency and request that it be placed on a mailing list for notification of proposed
permits affecting wetlands.
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          The U.S. Army Corps of Engineers Division that covers Chesapeake Bay is the
   North Atlantic Division, headquartered in New York City.  It has subordinate districts,
   which include the Baltimore, Philadelphia, Norfolk, and New England Districts. The
   Baltimore District has been identified as the lead district on Chesapeake Bay,  but the
   Norfolk and Philadelphia Districts participate in Bay-related activities as well.
          The Corps cannot issue an individual permit unless it determines that the proposed
   project complies with the §404(b)(l) guidelines and is not contrary to the public interest.
   The process includes review of the permit application, public  notice and opportunity for
   comment, and review by state agencies for consistency with state water quality standards
   (See "Clean Water Act § 401: State Water Quality Certification"). For substantial projects,
   the Corps may need to prepare an Environmental Impact Statement (EIS), which is made
   available in draft form for public comment before it is finalized.
          There are substantial penalties  for failing to obtain a permit when one is required. It
   is also important to remember that states may have their  own permits that are required in
   addition to the §404 permit.

           General Permits

           Section 404(e) of the Clean Water Act authorizes  the Corps to issue general permits
   on a nationwide, regional,  or state level. General permits promulgated by headquarters for
   nationwide application are referred to  as Nationwide Permits  (NWPs). General permits
   issued on a regional or statewide basis  are called general permits.
          Both general and nationwide permits were designed to apply to categories of
   activities that affect discharges  coming from wetlands that "are similar in nature, will cause
   only minimal adverse environmental effects when performed  separately,  and will have only
   minimal cumulative adverse effect on the environment."2 The general permit process is
   meant to streamline the regulatory process because authorization by general permit
   eliminates the need for case-specific, project-by-project review.
           General permits may contain specific limitations or requirements that must be
   followed in  order to use the authority  of the permit. These may include  mitigation
   requirements, requirements that the Corps be notified of an intent to discharge prior to
   activities affecting wetland discharge (predischarge notification), and provisions that trigger
   the need for an individual permit in circumstances where the anticipated impact is greater
   than the minimal impacts for which the general permit was  issued.
          Nationwide permits are issued  by regulation by the U.S. Army Corps  of Engineers
   headquarters.  They must be reissued every five years and published in the Federal Register.
   Nationwide Permits allow classes of activities that are similar in nature to be automatically
   approved and do not require permit applications for projects  that fall within the scope of a
   Nationwide Permit, although certain NWPs do require notification to the Corps. The
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 Corps is not required to issue notices of permit applications for NWPs, so there are not any
 opportunities for public notice, hearings or comments to be submitted for nationwide
 permitted activities.  States and local governments can influence the impacts of Nationwide
 Permits through §401 certification, which gives states the authority to deny or condition
 Nationwide Permits, and through coastal zone federal consistency provisions (see "Federal
 Consistency Provision").
       Although NWPs are meant to regulate activities that do not have great cumulative
 environmental impacts, and therefore, do not warrant individual review, several of the
 nationwide permits have caused considerable controversy. These include NWP 26, which
 until 1997 allowed discharges of dredged or fill material into headwaters and isolated waters
 on less than ten acres, and NWP 29, which allows discharges from the construction or
 expansion of a single-family home (including garage, driveway, storage shed, etc.) if the
 discharge does not cause the loss of more than Vi acre of nontidal wetlands.
       On December 13, 1996, the Army Corps of Engineers published a final notice
 which reauthorized the current set of nationwide permits for the next five years, and which
 made changes and additions to prior nationwide permits.3  Among other changes,
 Nationwide Permit 26 will be abolished  in two years from the date the final notice was
 published (December, 1998) and in the interim period, acreage limits will be three acres
 (rather than ten) with a predischarge notification required for discharges from environment-
 altering activities that affect 1/3 acre or  more.  The Corps plans to develop  "activity-specific
 replacement permits" for release for  public comment by May 1998 to replace NWP 26.  The
 Corps also issued two new NWPs, one for moist soil management (NWP 30) and one for
 maintenance of existing flood control projects (NWP 31).

       Statewide Programmatic General Permits

       The Corps districts may also  issue Statewide Programmatic General Permits
 (SPGPs) authorizing state-approved activities.  SPGPs are meant to help  the Corps avoid
 duplication with the state regulatory program; the Corps issues a general permit which is
 based on compliance with an existing state or local program.  The SPGP  treats compliance
with the state permit process as sufficient for federal purposes.  In this respect SPGPs have
an effect similar to delegating §404 regulatory authority to the states in that they give states
regulatory responsibilities otherwise performed by the Corps.
        In states with an approved SPGP, the Army Corps in effect agrees in advance to
accept state decisions, although it retains its legal authority to issue §404 permits. Typically,
the SPGP may allow the states to approve certain activities with little substantive federal
review, although major activities will still require a separate federal permit. (For more
information on specific Programmatic General Permits in the Chesapeake Bay states, see
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    sections titled "Pennsylvania State Programmatic General Permits" and "Maryland State
    Programmatic General Permits" in Chapter Two, pp. 18, 22.)
           Local governments interested in an activity that is covered by a SPGP will need to
    direct their comments primarily to the state regulatory program.  However, they also may
    wish to contact the Corps to determine whether the activity is such that the Corps might
    consider asserting jurisdiction.

                 Permit Experience

           On a nationwide basis, a substantial number of activities fall within the scope of
    §404. For example, the Army Corps of Engineers and the Environmental Protection
    Agency estimated that in Fiscal Year 1994, over 48,000 applications for a §404 permit were
    received.  Eighty-two percent of these applications were covered by general permits and
    were granted or allowed to automatically proceed, with an average time of 16 days. Fewer
    than  10 percent of the applications were subject to the more detailed individual permit
    evaluation, which took an average of 127 days.  Only 358, or 0.7 percent, of the permits
    were denied.4 The Corps' Baltimore District reports that in its office, 70 percent of all
    permits are evaluated in 60 days or less, and 85 percent of Individual Permits are evaluated
    in 120 days or less.
           The Corps estimates that,  each year, an additional 50,000 activities occur under the
    authority of general permits that do not require Corps notification. Beyond this, certain
    other activities fall within exceptions to the section 404 program, such as normal agricultural
    and silvicultural activities.  For example, the Corps reports that "the vast majority of
    farming, ranching and silvicultural practices are exempt from §404...less than 7 percent of
    the total Corps workload is related to agricultural activities." Over 85 percent of those
    agricultural activities that do require a permit are covered by a general permit.5
           The Corps of Engineers can be a useful source of information for local
    governments on proposed activities that may impair or destroy wetlands, but there are
    many activities beyond Corps control. Moreover, developers or land-owners operating
    under general permits with predischarge notification requirements may receive minimal
    scrutiny by the Corps during the brief period before the environment-altering activity
    occurs unless there is an expression of interest by a third party, such as a local government
    seeking to ensure detailed review by the Corps. It may be quite important for a local
    government concerned with a potential activity to contact the Corps early in the process, if
    it anticipates an activity may affect waters coming from a wetland. Indeed, a local
    government may  request that the developer or land-owner provide a copy of any individual
    §404 application or predischarge notification.
           Local governments concerned about the impacts of proposed projects should first
    contact the Army Corps District Office.  EPA's authority to veto individual permits is also
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worth noting if a local government is concerned about the environmental impacts of
significant projects. Informing EPA's regional office in Philadelphia of a concern over a
potential individual permit — before the Corps has acted on the permit — may lead to
negotiations in which the local government's interest in conserving wetlands will be
considered.  Indeed, such involvement at an early stage is more likely to result in a desired
outcome than waiting until after the Corps has issued the permit and then attempting to
persuade EPA to undo the action of another federal agency.
       Although local governments are often supportive of local development projects,
they sometimes lack sufficient control over the environmental effects, including effects  on
wetlands, flood control, water quality, and natural habitats. With the assistance of federal
agencies, such as the  Corps of Engineers and EPA, local governments can help assure that
projects are tailored to protect wetlands, that unnecessarily destructive projects are
withdrawn or redesigned, and that projects approved by adjacent jurisdictions that have
adverse effects on  the local jurisdiction can be effectively reviewed and scrutinized to
mitigate or eliminate adverse effects.

       Clean Water Act §401:  State Water Quality Certification

       Section 401 of the Clean Water Act gives states and eligible Indian tribes the
authority to review and approve,  condition, or deny permits or licenses for any federal
activity that may violate the state's water quality standards, including federal  §404 permitting
for activities in wetlands.  States base their decisions to  grant or deny certification on
whether the proposed activity will comply with state water quality standards.
       Federal agencies are required to incorporate §401  conditions into a federal permit or
license.  If states deny certification under §401, federal permitting agencies are prohibited
from issuing a permit for the activity. However,  if states fail to act on certification within a
"reasonable time frame," they waive their right to certification. State water quality
certification approval or denial is  generally included in a state's comments to the Corps
during the permit review process  under §404(a).  State agencies must notify  the public of an
application for §401 certification and post the notice for public comment, as they do with
§404 permits.
       The federal regulatory permit and license programs that may involve a discharge into
waters of the United States, and thus require state §401 certification, include §404 permits,
Federal Energy Regulatory Commission hydropower licenses, National Pollutant Discharge
Elimination System (NPDES) permits where EPA is the issuing authority, Nuclear
Regulatory Commission licenses,  and others.
      . In response to state interest in applying §401 certification to protect wetlands, EPA
prepared guidance  for the states in 19896. A year later,  EPA followed this with guidance on
developing water quality standards specifically for wetlands7.  Applying water quality
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    standards to wetlands can be a very important tool.  Some states, especially those that do
    not have a wetlands regulatory program, rely on §401 certification as their primary
    mechanism to protect wetlands in the state. (For more information on the use of  §401
    Certification in the Chesapeake Bay states,  see the sections titled "State Water Quality
    Certification: §401" in Chapter Two, pp. 18, 22, 25.)
           It is important to note that §401 certification requirements apply only to federal
    licenses and permits.  Thus certification does not apply where a discharger or developer
    needs only a state or local permit. For example, in the case of Statewide Programmatic
    General Permits (SPGPs) under §404, the state certification is only required for the original
    SPGP recognizing the state program. It is  not required for the issuance of each permit by
    the state thereafter. However, water quality can be examined for each permit by the state
    under state law when it decides to issue permits in a state with a SPGP.
           Similarly, nationwide permits, once  they have been certified and have become
    effective in a state, are not subject to subsequent state certification upon each use by a
    discharger. Therefore, some states deny or condition  §401 certification for some §404
    NWPs in order to reduce certain problematic losses of wetlands within their borders. In
    the past, a significant number of states denied certification, or conditioned approval, of
    Nationwide Permit 26 because they believed that individual review of projects in isolated
    and headwater wetlands is critical to achieving state clean water and wetlands goals.
           Local governments can make use of the §401 certification process in several ways.
    First, they can seek to influence state's  decisions to certify or conditionally certify
    nationwide permits.  If a local jurisdiction fears that it will receive inadequate notice of an
    activity or believes that there should be a standard mitigation requirement associated with a
    nationwide permit, it can contact the state water quality agency during the time when a
    nationwide permit is being considered or reviewed and seek to influence the state's §401
    decision.  Second, local governments can use the need for a §401  certification to ensure  a
    closer review of individual permit actions.   By raising legitimate concerns to the water
    quality agency early, the local government may be able to persuade the agency to apply
    conditions or to influence the approach the Army Corps of Engineers takes on a pending
    permit application.

    THE COASTAL ZONE MANAGEMENT ACT (CZMA) OF 1972 AND COASTAL
    ZONE ACT REAUTHORIZATION AMENDMENTS (CZARA) OF 1990

          The Coastal Zone Management Act (CZMA) of 1972 and the Coastal Zone Act
    Reauthorization Amendments  (CZARA) of 1990 were enacted to protect, develop, and
    restore the natural resources of the coastal  zone while balancing the need for "reasonable"
    growth. The Act directs states to protect wetlands, floodplains, estuaries, beaches, dunes,
    barrier islands, fish and wildlife, and their habitat.
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  Opportunities for Local Governments to be Involved in State and Federal Agency
  D ecision-Making
  •       Local governments can be added to the Corps' interested parties list to receive
         information on permit applications and hearings.
  •       Local governments can provide comments on the issuance of individual §404 permits,
         General Permits and Statewide Programmatic General Permits.
  •       For local government-sponsored projects which require wetlands permits, local
         governments can set up pre-application meetings with the Corps and appropriate state
         agencies to increase the likelihood that projects will be approved.
  •       Local governments can comment on applications for state wetlands permits.
  •       Local governments can provide input into the development of transportation plans under
         the Internodal Surface Transportation Efficiency Act (ISTEA) and related highway
         legislation.
  •       Local governments can comment on state Coastal Zone Management Plans and identify
         projects that should be reviewed for consistency.
  •       Local governments can comment on Environmental Assessments (EAs) and
         Environmental Impact Statements (EISs) required for federal actions.
  •       Local governments can participate in the development of State Wetlands Conservation
         Plans.
        Maryland's coastal zone includes 66 percent of the states's land.  The area extends
 from the state's three mile jurisdiction in the Atlantic Ocean to the inland boundaries of the
 counties bordering the Atlantic Ocean, the Chesapeake Bay, and the Potomac River up to
 the District of Columbia. This area includes 16 counties and the City of Baltimore.
 Maryland's coastal zone includes the Chesapeake Bay, the Atlantic coast, and the Coastal
 Bays8
        Virginia's coastal zone is defined as "Tidewater Virginia," which includes eight
 planning districts and 84 local governments — 17 cities, 29 counties, and 38  towns — that
 border on tidal waters.9
        The coastal areas covered by Pennsylvania's program are geographically separated.
 The first is along the 63-mile Lake Erie coastline and includes major tributaries.  The coastal
 zone extends from between 900 feet inland to over 3 miles inland.  The other coastline
 protected under the program is the 57-mile stretch of coastline along the Delaware Estuary
 in Bucks, Philadelphia, and Delaware counties. It extends  from 1/8 to over 31/2 miles
 inland from the Delaware River.
        To be eligible for funding under the Act and the other authorities associated with
 the program, states must have a Coastal Zone Management Program approved by the
 National Oceanic and Atmospheric Administration's (NOAA) Office of Ocean  and Coastal
 Resource Management (OCRM).  The Coastal Zone Management Programs (CZMPs)
 developed by the states take into consideration the protection of natural resources;
management of development; siting of major facilities, commercial and industrial
development; coordination of state and federal actions; and they assure that the  public and
local government has a say in the  coastal decision-making process.
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           Coastal Zone Management Programs must also ensure implementation of
    management measures and mechanisms to enforce such measures. Enforcement
    mechanisms may include permit programs, zoning, enforceable water quality standards, and
    general environmental laws and prohibitions.  States may also incorporate voluntary
    approaches, like economic incentives, into their programs.

           Federal Consistency Provision

           The Coastal Zone Management Act also includes a provision to ensure that federal
    activities affecting a state's land or water use, or natural resources of the state's coastal zone,
    must be "consistent" with the enforceable policies of the state's federally approved Coastal
    Zone Management Program. Federal actions include federal permits and licenses, federal
    development, federal assistance, and outer continental shelf activities.
           States with an approved CZMP can disapprove activities authorized by the federal
    government on a permit-by-permit basis, if the state finds that a project is inconsistent with
    the policies established by the state's program.  States may also disapprove any or all
    Nationwide Permits  issued by the Army Corps of Engineers for inconsistency with the
    state's program. States with CZMPs may also deny federal development projects if they are
    inconsistent with the state's program.
           The Maryland Department of the Environment has the authority to implement that
    state's wetlands responsibilities under the  federal Coastal Zone Management Act. The
    Virginia Department of Environmental Quality is the agency responsible for administering
    that state's Coastal Program.  Pennsylvania's Coastal Zone Management Program is
    administered by the Pennsylvania Department of Environmental Protection (DEP).
    Maryland, Virginia, and Pennsylvania's CZMPs are referred to as "networked"  programs.  A
    state program that is "networked" generally does not issue its own state permits. Instead,
    networked programs rely on existing state permits to ensure that their coastal policies are
    met. Therefore, the  state's consistency review of a proposed federal activity is based  on  its
    compliance with applicable state statutes,  regulations, and policies.
           Although local governments do not have  the authority to initiate a consistency
    determination, when the federal government submits a plan to the state,  the state publishes
    the plan and solicits comments. Therefore, local governments can influence consistency
    determination indirectly, by submitting comments.10

    FEDERAL TRANSPORTATION LAWS

           Wetlands can be significantly affected by transportation decisions and investments
    made with federal agency support and funding. Not only do highways and other forms of
    infrastructure often follow riparian corridors or cross wetland areas,  but they also have
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    indirect effects on stimulating growth that can itself lead to impairment of wetland areas if
    care is not taken to identify and protect these areas.
          In 1991, the Intermodal Surface Transportation Efficiency Act11 (ISTEA,
    pronounced "ice tea") provided a greatly expanded role for local government in setting
    transportation goals and priorities.
                                                 12
           Transportation Planning Opportunities

           The location and management of highways can lead to the degradation of wetlands
    or can provide opportunities for conservation and restoration of wetlands, as well as public
    involvement in planning. Transportation can critically affect land use and impact wetlands
    both directly and indirectly -- directly, by building roads and highways that intersect
    wetlands, and indirectly by encouraging development in areas previously inaccessible.  In
    fact, the primary determinant of growth in most of the United States has been its
    transportation networks.
           Transportation planning in the nation has been significantly affected by the ISTEA.
    ISTEA imposes detailed planning requirements on local and state governments, working
    primarily through regional planning organizations comprised of local officials.  ISTEA has
    also significantly increased the involvement of local government and private citizens. Public
    involvement is a central component to ISTEA planning. ISTEA planning is continuous,
    proactive, inclusive, and is tailored to meet the needs and situations of local communities.
    ISTEA has a strong local component because, although most state highway construction
    and reconstruction in states involves the expenditure of federal funds, the process by which
    funding allocations are decided has many local planning requirements.
           Under ISTEA, there are three phases of transportation planning where local
    governments and private citizens can participate.  First, metropolitan and regional planning
    organizations  and states are required to publish plans for public participation. The plan
    must be reviewed for effectiveness to assure that full and open access is provided to all.
           Second,  the state and metropolitan planning organizations must develop a 20-year
    transportation plan that includes both long and short-range strategies and actions for
    transportation in the region.  These Long Range Plans (LRPs) outline a set of goals in a
    specific region over a 20-year period and define a transportation system that will meet those
    goals.  The LRP must be prepared with public participation, including public hearings.  Its
    content must conform to the federal Clean Air Act and the plan must reflect only state,
    local, and federal financing which is realistically expected to be available.  The LRP must be
    revised every three to five years. There are multiple points in the process of developing the
    LRP where the public may participate.
          Third,  state and metropolitan planning organizations must also prepare three-year
    Transportation Improvement Programs (TIPs). TIPs contain a prioritized list of the
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   projects that the planning organization actually expects to be implemented in the next three
   to five years. It is updated every two years. TIPs must be consistent with the goals, polices,
   and priorities set out in the LRP.
          Metropolitan planning organizations are usually multi-county organizations with
   professional staffs whose official members include representatives of a number of the
   included jurisdictions. Thus, local governments have some direct access to the governance
   of these organizations. In addition, local governments can submit comments, testimony,
   land use plans, and other pertinent information to the metropolitan planning organizations
   as they engage in preparation of the plans required under ISTEA. These opportunities can
   be used to promote the protection of wetlands, the avoidance of unnecessary siting of
   highways and other infrastructure in wetland areas, and the establishment of clear mitigation
   priorities and respect for local land use planning goals.
          ISTEA planning is an important addition to traditional highway planning.
   Previously, transportation planning's only concession to protecting natural  resources,
   including wetlands, was the longstanding requirement of §4(f) of the federal Transportation
   Act.13  That section denies federal approval for any federally supported transportation
   project that requires the use of any publicly owned land from a park, recreation area,  or
   wildlife and waterfowl refuge — unless there is no prudent and feasible -alternative and the
   project includes "all possible planning to  minimize harm" to the unit.
          Although this earlier provision has helped to prevent highway siting through parks
   and refuges, ISTEA has extended planning activities to cover a broader array of issues, not
   simply impacts on publicly owned lands.  It requires  consideration of state  and local land
   use plans, impacts on air quality and other resources, and understanding of efficiencies and
   trade-offs in siting highways or funding other modes of transportation.  The planning
   process also provides an opportunity to consider impacts on natural resources and
   opportunities for restoration and mitigation.
          Indeed, the  LRP is one of the few opportunities where issues of multi-county
   regional concern can be addressed and weighed against one another in an open public
   forum. This is quite important in areas where there is little collaboration among local
   jurisdictions when adopting land use plans and objectives.  Although ISTEA planning is
   somewhat constrained by its primary focus on allocating transportation funds, it provides a
   rare opportunity for local governments in the Chesapeake Bay region to adopt regional
   approaches that could directly focus more on environmental concerns — including wetlands
   conservation and improvement of water  quality for the benefit of water-dependent species.

          Transportation Enhancements and Mitigation

          ISTEA authorizes federal funding assistance  for traditional highway projects,
   bridges, maintenance, and research, in addition to other nontransportanon-related
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    programs.  The Surface Transportation Program (STP), the largest program in ISTEA, is
    the most relevant for conserving wetlands. The program allows for broad discretion of
    state and local governments to fund a wide variety of activities, including mitigation of
    environmental impacts resulting from highway construction, carpool projects, fringe and
    corridor parking programs, bicycle transportation, and pedestrian walkways.
          At least 10 percent of STP funding must be allocated for transportation
    enhancements and 10 percent for safety. The transportation enhancement money may
    cover rails-to-trails programs and mitigation of water pollution due to highway runoff. The
    remaining 80 percent of the ISTEA funding may be used by state and local governments for
    such activities as mitigation of damage to ecosystems, habitat, and wildlife; wetlands
    banking; and planning activities.
          Money is also available to state and local governments under STP and the National
    Highway System (NHS) for mitigation banking to offset adverse impacts to wetlands.
    Generally, when the Corps authorizes activities that cause discharges into a wetland under
    the Clean Water Act for highway construction, for example, the permittee must make up
    for the loses of the wetlands by compensatory mitigation, or replacing the wetlands on-site.
    In instances where on-site mitigation is not possible, or where larger mitigation projects
    have greater value then several small projects, mitigation banking is often used as an
    alternative to on-site compensatory mitigation14.
          In mitigation banking, a larger off-site wetland is used to compensate for permitted
    activities in smaller wetlands. Mitigation banking projects may occur in advance of
    construction and may include direct contributions to statewide and regional wetlands
    conservation and mitigation planning efforts. In fact, state departments of transportation
    were the first bodies to utilize mitigation banking as a method for compensating for wetland
    losses.
          Transportation planning can help determine not only where projects or
    enhancements are sited or constructed, but also how to mitigate the adverse impacts of
    transportation infrastructure. Well-planned mitigation can be targeted for maximum benefit
    to wetland function and values.

    NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

          The National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4370d, passed
    in 1970, establishes national environmental policy and goals for the protection,
    maintenance, and enhancement of the environment and provides a process for
    implementing these goals within the federal agencies. NEPA requires the federal
    government to use all practicable means to create and maintain conditions under which
    people and nature can exist in productive harmony. Section 102 of the NEPA requires
    federal agencies to incorporate appropriate and careful consideration of the environmental
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    effects of proposed actions and analyses of the potential environmental effects and
    alternatives of the proposed actions.
           Specifically, all federal agencies are to prepare detailed statements assessing the
    environmental impact of and alternatives to "major federal actions significantly affecting the
    quality of the human environment."15 These statements are referred to as Environmental
    Impact Statements (EISs).  Major federal actions include a direct federal action, a federal
    expenditure, or the issuance of a federal permit. Examples of major federal actions that
    could require an EIS where wetlands might be affected might include a decision to restore
    or rehabilitate a naval base; any wetlands-impacting activity that is funded through federal
    money (such as highway and bridge construction); federal approval of a license to build a
    hydroelectric plant; or even federal issuance of a §404 wetlands permit for a large private
    development.
           The EIS is issued in draft form and made available for public comment before it is
    revised and published in final form. All relevant comments must be fully discussed and
    dealt with in the final EIS.  In addition to the public, federal agencies also have
    opportunities to review EISs and it can often be to a local government's advantage to seek
    the participation of other federal agencies in the comment process. EPA or U.S. Fish &
    Wildlife Service comments can often be quite significant in affecting decisions  made
    through the EIS process.
           Other activities, where there is federal action, but where the significance of the
    action is less clear or where the impacts of the action are expected to be insignificant,
    require the preparation of an "environmental assessment (EA)." The EA, like  the EIS,
    must identify relevant alternatives to the proposed action, any impacts from the proposed
    action, and opportunities for mitigation. The EA is then issued by the federal  agency with
    either a recommendation to  do a full EIS or, most often, a "Finding of No Significant
    Impact (FONSI)." The EA and  FONSI are available for public comment after they have
    been prepared. Comments are collected, but there is no legal requirement to revise the EA.
    However, such comments can direct decision-makers toward important issues  or suggest
    that perhaps further studies or a full EIS should be prepared before proceeding with the
    action under consideration.
          When issuing permits under §404 of the Clean Water Act, the Army Corps of
    Engineers must incorporate NEPA requirements in the permitting procedure.  The Corps
    has its own set of regulations that incorporate NEPA procedures for Corps programs.
    Limited types of activities may be categorically excluded from undergoing environmental
    analysis if they meet certain criteria for having no significant environmental impact. Except
    for those  projects that are categorically excluded by regulations, however, federal agencies
    must prepare an EA and/or an EIS whenever a permit is to be issued for work in wetlands.
          For most individual §404  permit applications, an EA is prepared by the Army Corps
    of Engineers. This involves an assessment of the direct and indirect impacts the proposed
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    project will have on the environment. The Corps District Commander is then responsible
    for deciding whether an environmental impact statement is necessary. If an EIS is not
    necessary, the Corps will prepare a FONSI.
           A §404 permit application will require preparation of a full EIS if the Corps
    determines that the proposed activity is likely to have a significant impact on the human
    environment, as defined by NEPA. In practice, the Corps  requires an EIS for a small
    percentage of §404 permit applications - during the 1980s, an average of 20 EISs were
    required for every 15,000 permits  processed annually. If an EIS is required, the Corps may
    require the applicant to pay for the required studies.  A notice of intent to prepare an EIS is
    always published in the Federal Register.
           Although EAs  or EISs are prepared by the Corps in connection with individual
    §404 permit applications, such assessments are not prepared on a site-specific  basis for
    activities in wetlands that are authorized by a nationwide general permit. Instead, the Corps
    prepares one, overall environmental assessment at the time  the nationwide permits are
    issued in the Federal Register. Therefore, although there are no NEPA opportunities for local
    governments with regard to nationwide general permits, localities do have an opportunity to
    submit comments on proposed changes to nationwide permits advertised in the Federal
    Register.
           NEPA applies  to other federal actions than the consideration of §404 permits, of
    course. Highway construction, siting of federal facilities, decisions about navigation
    improvements in public waters or changes in the use of federal lands, among other actions,
    can trigger the preparation of an EA or EIS. Local governments that are familiar with this
    process can use it to ensure that all relevant information is gathered and considered before a
    decision is made. In addition,  NEPA's procedural requirements have been zealously
    enforced by the courts. By participating in or calling for NEPA activity a local government
    can establish a viable basis for  a subsequent challenge to a governmental action that does
    not sufficiently take into account all measures needed to protect the resource.

    ENDANGERED SPECIES ACT (ESA)

           The Endangered Species Act requires federal agencies to protect endangered and
    threatened species and  strictly prohibits any person from harassing or harming any federally
    listed threatened or endangered species.  The Fish and Wildlife Service and the National
    Marine Fisheries Service administer the program in cooperation with  other federal agencies.
    As of June 1997, there are 864  species listed as endangered (336 animals, 528 plants) and 226
    species listed as threatened (113 animals, 113 plants) by the  Fish and Wildlife Service.16
    Approximately 35 percent of all threatened and endangered animal species are found either
    exclusively in wetlands or are dependent upon wetlands during part of their life cycle.  In
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   addition, there are many threatened and endangered plant species that are dependent on
   wetland habitat.17
          The tremendous natural diversity in wetland areas provide unique habitats for many
   of the country's  rarest species of plants and animals. Although wetlands cover less than 5
   percent of the country's lands, they provide habitat for about 45 percent of the nation's
   federally listed endangered animal and plant species.18  A few examples of wetland-
   dependent endangered species are the American crocodile, the Everglade kite,  the American
   wood stork, and the whooping crane.
          Section 7 of the Endangered Species Act requires all federal agencies to insure that
   their actions are not likely to jeopardize the continued existence  of any endangered or
   threatened (listed) species, or cause harm to their habitat. Thus, any proposed activities
   involving wetlands that are carried out, funded, or regulated by a federal agency are subject
   to the provisions of the Endangered Species Act.  If a federal action may affect threatened
   or endangered species, the agency involved must seek and obtain a "no jeopardy" opinion
   from the U.S. Fish & Wildlife Service or National Marine Fisheries Service (NMFS), before
   it may proceed with the action. Local governments can monitor this process.
          Private activities, too, are obliged not to "take" threatened or endangered species.
   Under the Act, take is defined as "to harass, harm, pursue, hunt, shoot, wound, kill, trap,
   capture,  or collect"  While there is no obligation to consult with the federal species
   management agencies, it is extremely prudent for project proponents to do so, since the
   taking of a threatened or endangered species is a strict liability offense.  Local governments
   may need to engage in such consultation for their own activities, or encourage  private
   project proponents to do  so, to avoid liability.
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                                     Chapter Two
                                  State Programs

           Numerous decisions affecting wetlands are made by states under state regulatory and
    planning programs. This section identifies these programs in the Chesapeake Bay region
    and discusses ways in which local governments can participate in state decision-making or
    seek to have their goals taken into account.

    STATE WETLANDS PROGRAMS: PERMITTING AND MITIGATION
    POLICIES

           Pennsylvania

                  Permitting?  State Agency Responsibilities, and the Public Process

           Pennsylvania's wetlands program is administered by the Division of Waterways,
    Wetlands and Erosion Control in the Pennsylvania Department of Environmental
    Protection (DEP). Chapter 105 of the Dam Safety and Encroachments Act of 1978
    established the  Wetlands Protection Program and gave the Department of Environmental
    Protection the responsibility for reviewing and issuing permits for activities that occur in
    wetlands.19  The central office provides guidance and oversight to insure uniform
    application of permit requirements and regulations. Six regional offices are responsible for
    the day-to-day operation of permitting and permit compliance and enforcement.  Regional
    offices are responsible for coordinating with other federal and state agencies to insure that
    all concerns and comments are addressed in the permit review process.
           Notices of all applications for Chapter 105 permits are published in the Pennsylvania
    Bulletin, the official publication of Pennsylvania's state government. To coordinate statewide
    permit processes (including wetlands permitting) and to support local government
    protection efforts, such as planning and acquisition, Pennsylvania established Act  14
    Notification. Under Pennsylvania law, all individual permit applicants must notify the
    county and the  municipality of their intent to apply for a Chapter 105 permit.
    Municipalities are encouraged to contact DEP regional offices with information or concerns
    about proposed projects.
          Local governments, citizens, private landowners, and other interested parties can
    submit comments on permit applications to the appropriate Pennsylvania Department of
    Environmental  Protection Regional Office. The comments can highlight where a proposed
    activity would violate local regulations.  The DEP must review and consider all comments

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   received by local governments on a proposed project. Local governments can more
   effectively review the impacts of wetlands permits if they have a planning commission and
   an environmental advisory committee to review all applications.20
          The Pennsylvania Department of Environmental Protection has a "Public
   Participation Center" at its web site that includes a link to the Pennsylvania Bulletin, and a one
   stop center for information about proposed DEP regulations, polices and other proposals
   open for public comment. The Center also includes  information about advisory committee
   meeting schedules, the status of legislation and regulations, and copies of existing agency
   documents.
          To increase opportunities for public participation in the program and to assure that
   a broad range of interests are taken into account in its administration, the Pennsylvania
   Department of Environmental Protection has also established the Wetland Protection
   Advisory Committee.  The Committee is comprised of individuals drawn from
   corporations, extractive industries, farmers, conservation organizations, state and federal
   agencies, academia, and private consultants.  The Committee was established to advise and
   guide the DEP in the development of wetlands policies and regulation. Although the
   committee does not involve itself in individual permitting decisions, local governments may
   find it worthwhile to raise programmatic issues to the committee's attention to assure
   greater consideration by the DEP.

                  State Water Quality Certification: §401

          The Pennsylvania Department of Environmental Protection is authorized to grant
   or deny "water quality certification" under §401 of the Clean Water Act. Pennsylvania
   requires that applicants notify the state and local governments that will be impacted by the
   project in their application tor certification.  Local governments can  comment on an
   application at any time throughout the process.  Notices of applications for §401
   certification are also published in the Pennsylvania Bulletin. Other government agencies or
   individuals can  comment on applications and highlight issues that are important to  them.21

                  Pennsylvania State Programmatic General Permit

          The Army Corps of Engineers issued a State Programmatic General Permit for the
   state of Pennsylvania on March 1, 1995.  Under the Pennsylvania State Programmatic
   General Permit (PASPGP-1), the Department of Environmental Protection issues  both
   state and federal authorizations simultaneously.  More than 90 percent of all permitting
   actions are now processed under the streamlined SPGP approach. With the
   implementation of the SPGP, the Corps suspended the use of many of the nationwide
   permits which were less effective at providing environmental protection for wetland
   resources. Therefore,  the SPGP has not only streamlined and simplified the process  for

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    permittees, but it has also added a greater degree of protection for Pennsylvania's wetland
    and other water resources.

                  Mitigation Policy & Rjiquirements

           Pennsylvania requires compensation for unavoidable wetland impacts that occur due
    to issuance of a Chapter 105 permit.  The state's mitigation regulations require permittees to
    provide wetland replacement at a minimum ratio of 1:1 in acreage, function, and values.  All
    individual permits and general permits which result in a loss of wetlands, will have mitigation
    and replacement requirements. The state has completed a guidance document, tided Design
    Criteria for Wetland Replacement, that provides information for preparation and
    implementation of a wetland replacement plan, including replacement criteria, location,
    design, site construction, and monitoring.  The replacement areas must be monitored for a
    period of not less  than five years, with annual reports on success, functions being provided,
    and discussion of any problems which have been encountered.
           In 1996, in cooperation with the National Fish and Wildlife Foundation, the DEP
    created the Pennsylvania Wetland Replacement Project (PWRP).  The Project established a
    fund to which Chapter 105 permit applicants can make a monetary contribution, in lieu of
    creating small wetlands.  Funds collected in PWRP are used by the DEP to support projects
    that have a high degree of success by restoring wetlands on a large scale, thereby minimizing
    construction costs and maximizing environmental benefits. The PWRP provides an
    alternative to small wetland replacements which are often unsuccessful and offer little
    environmental benefit. The Program is limited to permit applicants whose projects will
    impact less  than 1/2 acre. Permit applicants are not automatically allowed to make a
    financial contribution in lieu of replacing wetlands; they must continue to meet the
    alternative avoidance and minimization criteria, as well as all other requirements under
    Chapter 105. Municipal governments, watershed organizations, sportsmen's groups, private
    citizens and others may sponsor wetland creation/restoration projects  that can receive
    funding from the Pennsylvania Wetland Restoration Project.
           DEP is required by Act 14 to post proposed projects that would receive funding
    from the  Pennsylvania Wetlands Replacement Project (PWRP) in the Pennsylvania Bulletin.
    Therefore, the bulletin is an excellent source of information for local governments and
    private citizens on potential wetlands projects in their jurisdiction. DEP also posts
    information on their web site about the fund and its projects.  Local governments or
    individuals can be a project sponsor or suggest a site for a wetland project.  For example,
    local governments have had wetland projects completed in local parks as a part of an
    education program.22
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                   State Agencies Involved in State Wetland Permitting Programs

                   Maryland
                          Maryland Department of the Environment
                                 Division of Nontidal Wetlands and Waterways
                                 Division of Tidal Wetlands

                   Pennsylvania
                          Pennsylvania Department of Environmental Protection
                                 Division of Waterways, Wetlands and Erosion Control
                   Virginia
                          Virginia Marine Resources Commission
                          Virginia Department of Environmental Quality
                          Virginia Institute of Marine Science
                          Local Wetlands Boards
                   District of Columbia
                          Environmental Health Administration
                                 Water Resources Management Division
           Maryland

                  Permitting, State Agency Responsibilities, and the Public Process

           The Maryland Department of the Environment (MDE) is responsible for
    administering the state's regulatory wetlands program. Within the MDE, the Water
    Management Administration's Wetlands and Waterways Program is divided into the
    Nontidal Wetlands and Waterways Division and the Tidal Wetlands Division.  The MDE's
    Water Management Administration has its headquarters in Baltimore and has field offices in
    Frostburg, Salisbury, and Prince Frederick.
           Maryland's Wetlands Act of 1970 established the state's regulatory program to
    control proposed activities in tidal wetlands.23  MDE's Water Management Administration,
    Tidal Wetlands Division issues permits for activities in privately-owned tidal wetlands (tidal
    wetlands that are landward of the mean high water mark). Tidal wetlands that are channel-
    ward, or below the mean high water mark, are state-owned wetlands.  Most permit
    applications for activities within 1000 feet of tidal waterways require approval from the
    Chesapeake Bay Critical Area Protection Program and are administered by local
    governments. The State Board of Public Works (comprised of the Governor, Treasurer,
    and Comptroller) issues permits for activities in state-owned tidal wetlands.24
           Maryland's 1989 Nontidal Wetlands Protection Act regulates activities in the state's
    many nontidal wetlands.25 The  Act parallels many aspects of the federal regulatory program
    under §404 of the Clean Water, but it also protects 25-foot buffer zones around wetlands —
    or 100 feet for nontidal wetlands of Special State Concern26 — and regulates the alteration  of
    wetland vegetation and hydrology. Permits for activities in nontidal wetlands are
20
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    administered by the MDE, Water Management Administration's Wetlands and Waterways
    Program.27
           One of the stated goals of Maryland's Nontidal Wetlands Protection law is to
    achieve no net loss of the acreage or function of nontidal wetlands. Under the law, county
    governments may assume delegation of the regulatory program by developing nontidal
    wetlands protection programs. The law also provides that watershed plans may  be prepared
    by counties and local governments  that, if adopted by the MDE, can be used to  guide state
    permitting and decision-making.
           Applicants for a Nontidal Wetland Permit must complete a Maryland/Corps Joint
    Permit Application. When an application is submitted, notices are sent out to people on
    the Maryland Department of the Environment's subscription list, which contains
    approximately 900 names. To get on the subscription list, a letter must be sent to the
    Regulatory Permit Center of MDE. Notices are  also sent to federal agencies and other state
    agencies, including the Maryland  Department of Natural Resources (DNR). As a part of
    the application process, the applicant is responsible for notifying key officials in the
    jurisdiction where the project is proposed — the mayor or county head. This notification
    must be completed before the application is considered complete.  MDE  then compiles an
    "interested persons list," which includes the key official and anyone on the mailing list who
    has indicated an interest in the given project.  The people on the interested persons list are
    kept informed about the developments of the permit application. After the application is
    complete, a notice is put in the local general circulation newspaper.  This notice announces
    a two-week period for comments and provides information on requesting a hearing on the
    proposed permit.  Local governments or individuals may request a 30-day extension to the
    comment period.  If a hearing is granted, MDE will publish a notice with  the logistical
    details of the meeting.28 A simplified process  exists for projects which affect less than 5,000
    square feet of nontidal wetlands.
          The Maryland Department  of the Environment's Internet home page  includes a link
    to information about permit applications. The Permit Information page lists all  of the
    permit applications, the  date they were received by the department and the date  that the
    public comment period ends. The  Permit Information page also has a link to  the Maryland
    Department of the Environment's regulatory calendar, which lists recently issued permits
    and logistical information about public meetings and hearings on permits.29
          Maryland's Chesapeake Bay Critical  Areas Law (Md. Code Ann. §8-1801  et seq.) was
    enacted in 1984 to minimize adverse water quality impacts and protect Chesapeake Bay.
    The law seeks to protect water quality, conserve valuable habitat, and accommodate future
    growth in the least polluting manner by regulating activities and land use planning in what
    are defined as Critical Areas.  The Chesapeake Bay  Critical Areas Commission was charged
    with developing the criteria to guide planning and actions in designated Critical Areas.
    Local governments are responsible  for developing and implementing their own Critical Area
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    resource protection programs, based on the requirements developed by the Critical Area
    Commission (see Part I).
           Maryland's Department of Natural Resources' (DNR) Watershed Restoration
    Division identifies, prioritizes, implements,  and evaluates watershed management initiatives.
    These can include wetlands restoration, enhancement and protection activities.

                  State Water Quality Certification:  $401

           The Wetlands and Waterways Program within the Maryland Department of the
    Environment is responsible for administering the state's water quality certification program.
    This program covers activities in tidal and nontidal wetlands.30 Water quality certification
    requirements for Maryland are generally included in the nontidal wetlands permit process
    and in tidal wetland permit applications. As  a result, there is usually not a  separate
    notification process.31

                  Maryland State Programmatic General Permit

           The Army Corps of Engineers has issued a state programmatic general permit
    (SPGP)  recognizing Maryland's wetlands permitting process for many activities in tidal and
    nontidal wetlands as sufficient to satisfy §404 of the Clean Water Act without further action
    by the Corps. Activities authorized by the Maryland SPGP may include activities that will
    result in less than five acres of impact, both direct  and indirect, to nontidal wetlands, and
    activities that will result in less than three  acres of impact, both direct and indirect, to tidal
    wetlands.

                  Mitigation Policy & Requirements

           Maryland's Nontidal Wetlands law has specific provisions for mitigation and
    mitigation banking to achieve the state's no  net loss goals. The regulatory program seeks to
    achieve no net loss in part through two types of compensatory mitigation efforts: permittee
    mitigation and programmatic mitigation.
          Permittee mitigation — the replacement of destroyed wetlands with restored or
    created wetlands of equal or greater value — is required for unavoidable  impacts to nontidal
    wetlands  over 5,000 square feet.  Programmatic mitigation is performed by the state for
    nontidal wetland losses generally less than 5,000 square feet.
          If it is not practical for an applicant  to conduct mitigation because of the size of the
    wetland impacted or because it is not technically feasible, the landowner may pay into the
    Nontidal Wetlands Compensation Fund.  The Fund, managed by the Department of the
    Environment, is dedicated to  the creation, restoration, and  enhancement of nontidal
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    wetlands. MDE carries out projects on both public and private land.  MDE informally
    reaches out to local governments in areas where wetlands projects impacts will take place.32
           Maryland's tidal wetland mitigation requirements are similar to those for nontidal
    wetlands. Project applicants must first avoid and then minimize the loss of tidal wetlands,
    but if alteration of tidal wetlands cannot be avoided, mitigation is required.  Applicants must
    replace the values and functions associated with the wetlands to be impacted. Mitigation for
    these losses are considered in the following order of preference:  restoration; in-kind
    creation; out-of-kind creation; enhancement of existing tidal wetlands; and monetary
    compensation to the Wetlands Compensation Fund. The ratios that are required for
    mitigation depend on the type of tidal wetlands that would be lost. For example, open
    water tidal wetlands require a 1:1 replacement ratio; a 2:1 ratio is required for emergent tidal
    wetlands, scrub-shrub tidal wetlands, and forested tidal wetlands;  and a 3:1 ratio is required
    for tidal wetlands habitat for rare, threatened, or endangered species.33  Mitigation banking is
    also allowed in Maryland.
           MDE's Water Management Administration and Maryland's Conservation Districts
    are also involved in cooperative wetlands mitigation projects with private landowners.

           Virginia

                 Permitting, State Agency Responsibilities, and the Public Process

           Several state laws address the use or development of wetlands within the Bay
    Watershed in Virginia.  These include laws  specific to tidal wetlands, nontidal wetlands, the
    Chesapeake Bay Preservation Act, and a permitting program specific to the state.
           The use and development of vegetated and nonvegetated tidal wetlands throughout
    Virginia is managed by Virginia's Marine Resources Commission (VMRC) and Local
    Wetlands Boards.  Chapter 13 of Tide 28.2 of the Code of Virginia, originally adopted in
    1972, provides for this  authority. The law authorizes tidewater localities to administer the
    state tidal wetlands permitting program if they adopt a Wetlands Zoning Ordinance and
    appoint a Wetlands Board. If the ordinance is not adopted by a locality, the Commission
    retains jurisdiction for the  program. In all cases, however, the Commission reviews each
    local decision. The Commission is  ultimately responsible for preserving and preventing
    despoliation and destruction of wetlands, while accommodating necessary economic
    development in a manner  consistent with wetlands preservation.  Of the 46 eligible
    jurisdictions in the state, approximately 35 have assumed responsibility for administering
    this program.
           To assist localities with administration of the program, the Commission and the
    Virginia Institute of Marine Science (VIMS) developed Wetlands  Guidelines, which were last
    updated in 1993.  VIMS also maintains and updates an inventory  of vegetated wetlands with
    in each jurisdiction of Tidewater Virginia.
           Applicants seeking a permit to develop in tidal wetlands in Virginia must submit an
    application to the Commission.  Through a Joint Permit review process, the application is
    forwarded by the Commission to the local wetlands board for action, as well as to other

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    state agencies for comment and review.  Public hearings — before the local wetlands board
    or the Commission — are held for all applications requiring a wetland permit.34
          For each proposed tidal wetland project, VIMS provides an assessment of the
    project's impact through a Shoreline Permit Application Report. The same application is
    also provided to the U.S. Army Corps of Engineers for review under the requirements of
    federal law.35
          The Commission publishes a public notice of all permit applications in the local
    paper of the area where the project is proposed. These notices inform local governments
    and individuals about public hearings and where individuals and local governments can
    submit comments on the permit. The Commission also maintains a web page that includes
    a link to a "Public Information" section.36 This section provides information on public
    notices, hearings or meetings sponsored by the Commission, Commission agencies, and
    other information. The Virginia Department of Environmental Quality maintains a "Public
    Connection" site that can be  located on their home page.  The site includes information on
    public involvement in state initiatives; a public calendar with dates and times for public
    hearings and meetings; public notices with details on hearing topics and comment periods;
    regulations, permits and other programs that are open for pubic comment; and other
    proposals that are under development.37
          Nontidal wetlands in  Virginia are managed through the Virginia Water Protection
    (VWP) permit program.  Application for a VWP permit is automatic when an application  is
    submitted to the U.S. Army Corps of Engineers (either directly or through  the Joint Permit
    program).
          Under the Virginia Submerged Lands Act, the Commission  also regulates
    submerged lands. Activities impacting the state-owned bottoms of bays,  rivers, and creeks
    require a permit from the Commission, unless they are exempt from the permitting
    program.
          Virginia's Chesapeake Bay Preservation Act (CBPA) of 1988 established a nine-
    member citizen board called the Chesapeake Bay Local Assistance Board (CBLAD), within
    the Secretary of Natural Resources, to promulgate regulations to improve water quality in
    the Chesapeake Bay and its tributaries.  Board members represent different geographic areas
    within Tidewater Virginia and a wide diversity of interests. Regulations promulgated by the
    Board recognize local government responsibility for land use decisions and establish a
    framework for compliance without dictating precisely how local programs must be
    implemented. The Act delegates protection of some nontidal wetlands to local regulation.
    The Act requires that riparian nontidal wetlands be included within  a Resource Protection
    Area (RPA) designated by each locality within the Virginia coastal zone. Local regulations,
    adopted pursuant to the CBPA, restrict activities within the RPA, usually as part of local
    zoning and sediment/erosion control ordinances.  Information about each  of the Tidewater
    localities and their particular Bay Act Programs, are available  through CBLAD's web site.38

                 State Water Quality Certification: §401

          The Virginia Department of Environmental Quality (DEQ) issues permits for
    activities in nontidal wetlands. This is a program built upon the 401 certification process.  A

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    Virginia Water Protection permit (VWP)39 is required for dredge, fill, or discharge activities,
    or alteration of interstate waters, including wetlands, for which an Army Corps individual
    permit is required, or for which Virginia has conditioned the use of a Corps Nationwide
    Permit. For example, DEQ has placed special conditions on Nationwide (NWP) Permit 26.
    If an applicant is interested in filling over one  acre of surface waters, which normally falls
    under NWP 26 and does not need an individual Corps permit, Virginia requires that the
    applicant get an individual VWP permit from the DEQ. Authority for the VWP permits
    stems from the §401 certification program under the Clean Water Act and the Virginia
    Water Protection Permit Law passed in 1989.  Therefore, issuance of a VWP permit fulfills
    the requirements of the §401 process.
           To apply for a VWP permit, applicants must contact the Commission to obtain a
    Joint Permit Application.  The Commission sends copies of each application to the DEQ,
    the local wetlands board when applicable, and the U.S. Army Corps of Engineers.  DEQ
    may consult with other state and federal agencies, and meets frequently with the
    Commission and the  Corps of Engineers to discuss the applications. DEQ publishes
    notices about nontidal wetlands permits applications in general circulation local newspapers
    in the area where a project is proposed. The agency also notifies local governments when
    an application is submitted and if an individual permit is required. Local governments may
    submit comments to  DEQ in response to published notifications.40

                  Mitigation Policy & Requirements

           The Commission adopted a wetlands mitigation and compensation policy that
    requires compensatory mitigation on a limited basis to replace unavoidable tidal wetlands
    losses.  The policy established general criteria that first require the mitigation of wetlands
    impacts through avoidance and minimization consistent with the Commission wetlands
    guidelines, and then establishes specific criteria that should be met for projects to be
    approved.  Generally, impacts of over 1,000 square feet require compensation with a
    minimum 1:1 exchange ratio. The guidelines specify the specific elements to be included in
    the required  compensation plan.
           DEQ does not have a stated mitigation policy or guidelines similar to that of the
    Commission. Mitigation decisions are made on a case by case basis by DEQ.

           District of Columbia

                  Permitting State Agency Responsibilities, and the Public Process

           The Water Resources Management Division of the District of Columbia's
    Environmental Health Administration administers the District's wetland permitting
    program. The District's Water Pollution Control Act of 1984 regulates the  discharge of
    pollutants into the waters of the District, including wetlands. The Act allows dredging and
    filling activities on "underwater lands" as long as the activities do not interfere with fish
    migration or destroy aquatic habitat.41 The District of Columbia does not directly issue
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    permits — the applications are forwarded to the U.S. Army Corps of Engineers in Baltimore
    — but they do certify that proposed permits will meet the District's water quality standards.
            In 1994, the District passed Submerged Aquatic Vegetation Regulations that
    prohibit the removal or disturbance of submerged aquatic vegetation in the District's tidal
    waters (below the elevation of mean high tide) without first submitting a plan and having it
    approved. The District may send applications to other state or federal agencies for their
    review.42
            The District of Columbia does not publish public notices about §404 permit
    applications. Instead, notices are sent out to individuals and organizations on a mailing list
    maintained by the U.S. Army Corps of Engineers, Baltimore District.43

                   Mitigation Policy <& Requirements

            The District of Columbia currently makes mitigation decisions according to the
    guidelines and requirements outlined in the Distict's Wetlands Conservation Plan.

            Summary: State Regulatory Programs

            Local governments can be important players in the regulatory process. Not only
    can they exercise direct delegated authority in some instances — as under the Virginia
    Wetlands Act or the Maryland Nontidal Wetlands Act — but they can seek to have state
    agencies tailor permit decisions or mitigation requirements to local objectives by submitting
    comments when the state agency publishes permit application information.
      Reviewing a State Wetlands Permit or §404 Permit

      When reviewing a state wetlands permit or a §404 permit, local governments and individuals can evaluate the
      proposed project by asking the following questions:
      •       Does the project need to be near water (is it water-dependent, such as a marina)? If not, is there a
             more suitable uplands site?
      •       If the project is not water-dependent, has an alternative site been considered?
      •       If the project is water-dependent, were efforts made to minimize the impacts to wetlands?
      •       If the project was approved, was the applicant responsible for mitigating the impacts to the
             wetland?
      •       Does the proposed activity comply with other environmental regulations (local, state, and federal)?
      •       Will existing water uses (swimming, fishing, drinking waters, etc.) be protected?
      •       Will toxic effluent standards be met?
      •       Will the proposed project impact endangered or threatened species?
      •       Is the affected wetland in a special protection watershed or a critical area of the Chesapeake Bay
             basin?
      •       What is the compliance history of the person or company seeking the permit?  Does the applicant
             have a history of violations of wetlands or other environmental regulations or laws?
      Modified from: National Audubon Society. September 1993. Saving Wetlands: A.n Audubon Citizens' Guide for
      Action in the Mid-Atlantic Region. National Audubon Society Mid-Atlantic Regional Office- Camp Hill PA p  4-11
      -- 4-12.
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    STATE WETLANDS PLANS

           States engage in wetland planning using a number of authorities and approaches.
    Local governments interested in wetlands protection, conservation, and development
    activities that are sensitive to wetlands values and functions can play a role in the planning
    process.

           State Wetlands Conservation Plans

           The U.S. EPA provides State Wetlands Development Grants to states for
    development of State Wetlands Conservation Plans. The Plans are meant to outline a
    comprehensive strategy to coordinate the many programs affecting wetlands in the state;
    improve government and private sector effectiveness by identifying gaps in wetland
    protection programs; and coordinate acquisition strategies, mapping and inventories,
    functional evaluations, fiscal incentives and disincentives, public education, and landowner
    assistance programs. Coordination of each state's wetlands program activities, such as
    mapping and inventories, functional evaluations, regulation,  fiscal incentives and
    disincentives, public education, acquisition, and landowner assistance, will serve to improve
    wetlands protection at the state level.
           States may apply to EPA for a State Wetlands Development Grant for assistance in
    developing such a plan.  EPA has established the goal of assisting states, on a voluntary
    basis, to develop state wetlands conservation plans by the year 2000.  Approximately 40
    states and tribes have received funding for development and implementation of state
    wetlands conservation plans.  As of 1997, neither Virginia nor Pennsylvania had applied for
    funding to develop a State Wetlands Conservation Plan. In  1997, Maryland received
    funding from the U.S. Environmental Protection Agency to prepare a plan. Pennsylvania
    relies on its Wetland Protection Action Plan, adopted in 1988, that the state feels is more
    comprehensive than the components required in a State Wetlands Conservation Plan. The
    District of Columbia has a Wetlands Conservation Plan that helps guide its mitigation and
    permitting program.
           State Wetlands Conservation plans are unique to each state, but in order to receive
    EPA funding support they must include the following components: 1) statement of need,
    goals, and objectives; 2) inventory and assessment of wetlands resources; 3) evaluation of
    existing and needed protection mechanisms; 4) strategy development and implementation
    plans; 5) plan approval; and 6) a mechanism for monitoring  progress.44 Local governments
    can encourage states to engage in statewide wetlands planning and can also participate in the
    planning process.

           Statewide Comprehensive Outdoor Recreation Plans (SCORPs)

           The federal Land and Water Conservation Fund (LWCF) Act, authorized in 1965, is
    designed to promote and conserve outdoor recreational resources by providing funding to
    the states for planning, acquisition, and development of outdoor facilities and by providing

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    funds for federal acquisition of land and interests in land. The LWCF Act authorizes the
    appropriation of up to $900 million per year for federal acquisition and grants to states,
    although actual appropriations have been only a fraction of this amount. In 1997, the Land
    and Water Conservation Fund allocated almost $2 million for acquisition in the Chesapeake
    Bay states: $496,700 to Maryland, $552,200 to Virginia, and $903,800 for Pennsylvania. The
    prime source of funds is the federal Outer Continental Shelf oil and gas leasing royalty
    revenues. For state grant programs, the funds are allocated by the NPS based on the states'
    Comprehensive Outdoor Recreation Plans and on such criteria as population, need, and
    targeted obligational rates.
           LWCF requires each state to have a Statewide Comprehensive Outdoor Recreation
    Plan (SCORP) approved every five years. SCORPs are meant to guide outdoor recreation
    land acquisition, facility development, programming, and management in each state. States
    are required to have a SCORP approved by the U.S. Department of the Interior's National
    Park Service in  order to participate in the LWCF cost-share funding program.   During the
    SCORP development process, there are many opportunities for public involvement.  Most
    states have prepared six or more such plans since 1965. An average of $100 million per year
    has  been allocated over the life of the program.  However, there have been no grant
    appropriations since Fiscal Year 1995. As a result, the National Park Service has not been
    requiring states to submit SCORPs over the past several years.45
           In 1986, the Emergency Wetlands Resource Act required states to include in their
    Statewide Comprehensive Outdoor Recreation Plans a wetlands priority program.  For
    many states, SCORPs were the only planning  programs that included wetlands protection.
    Thus, SCORPs were very important in the development of wetland plans. However, they
    also tended to be somewhat limited because their focus is centered around recreational
    goals.
           The National Park Service is no longer requiring states to submit SCORPS because
    there is no longer any money available through the LWCF for their development. Thus,
    when a state's plan expires they need only to write a letter to the Park Service.  Some states
    such as Maryland and Virginia have continued to update their SCORPS, mainly for use as a
    state planning tool.415
           Maryland's most recent SCORP was approved in 1994 and will expire at the end of
    1998. The report contains general information on resource protection but does not
    specifically discuss wetlands. The Maryland State Office of Planning is responsible  for
    writing the state's SCORP and has begun to prepare the 1998 update.47 Virginia released
    their "Virginia Outdoors Plan" in  April 1997.  The Plan, which also serves as their SCORP,
    includes a chapter on wetlands that fulfills the SCORP's wetlands requirement.48 In 1986,
    Pennsylvania's SCORP was approved. Because it did not include the required wetland
    priority program, the state submitted a 100-page addendum in 1988. Pennsylvania's most
    recent SCORP was approved in July 1992 and expires in December 1997. It updates the
    1988 addendum by including a small section describing any changes.49
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    STATE NONPOINT SOURCE PROGRAMS

           Clean Water Act § 319:  Nonpoint Source Management Program

           Nonpoint source water pollution is runoff and other discharges of pollutants from
    activities on land rather than discharges from specific conveyances (such as pipes, culverts,
    or drains). Typical sources of nonpoint source pollution include agriculture, forestry,
    mining, and suburban, urban and highway runoff. Point source water pollution is regulated
    by permit, but nonpoint source water pollution is generally not regulated. Nonpoint source
    pollution, however, significantly affects wetlands  and wetland conservation.
           The U.S. Environmental Protection Agency (EPA) administers §319 of the Clean
    Water Act, the Nonpoint Source Management Program. The Program authorizes the U.S.
    EPA to provide grants to states, territories, and tribes for implementation of approved
    nonpoint source pollution management programs.  In order to be eligible for §319 grants,
    states must first develop and gain EPA approval  of a nonpoint source pollution assessment
    report. In the report, states must identify waters impacted or threatened by nonpoint
    source pollution and the categories of nonpoint source pollution that are causing water
    quality problems. Second, states must  develop and gain approval from EPA for a nonpoint
    source pollution management program. The program becomes the framework for
    controlling nonpoint source pollution.
           In addition, in 1987, the Chesapeake Bay Program partners set a goal to reduce the
    nutrients nitrogen and phosphorus entering the Bay by 40% by the year 2000.  The
    Chesapeake Bay Program partners include the states of Maryland, Pennsylvania, and
    Virginia; the District of Columbia; the  Chesapeake Bay Commission, a tri-state legislative
    body; the U.S. Environmental Protection Agency (EPA), which represents the federal
    government; and participating citizen advisory groups. In the 1992 Amendments to the
    Chesapeake Bay Agreement, partners agreed to maintain the 40% goal beyond the year 2000
    and to attack nutrients at their source—upstream  in the tributaries.
          By 1995, EPA had awarded over $370 million to states, territories, and  tribes under
    the Program. Approximately 25 percent has been used for general assistance, including
    outreach and technical assistance activities.  Almost 40 percent of the grants awarded have
    funded projects to control nonpoint source pollution from agricultural lands. Projects to
    manage wetlands and control nonpoint source pollution from forestry, habitat degradation,
    and stream channel alterations have also received significant funds.50

          EPA Nonpoint Source Funding in the Bay Region

          EPA nonpoint source pollution grant money has been used across the Chesapeake
    Bay region to help improve water quality in the watershed.  In Maryland, EPA grant money
    was used to fund the state's Targeted Watershed Project. This project established pilot
    projects in four small watersheds.  Section 319 provided approximately $265,000 from 1991
    through 1994 to monitor best management controls. Almost $125,000 of the grant has
    been  used to improve water quality in the German Branch tributary to the Chesapeake Bay.

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    The German Branch basin in Queen Anne's County is a 12,000-acre agricultural subbasm of
    the Choptank River. The Queen Anne Soil Conservation District worked with farmers in
    the watershed to reduce excessive nutrient and sediment loads to the German Branch. The
    Queen Anne Soil Conservation District and County Cooperative Extension Service has also
    been providing technical information and education to farmers on the benefits of nutrient
    and conservation planning.
          In Pennsylvania, the Erie County Conservation District used a §319 grant to reduce
    the input of phosphorus into Lake Erie. Phosphorous reduction was accomplished by
    working with farmers to implement Best Management Practices.
          The Virginia Department of Conservation and Recreation's (DCR) Division of Soil
    and Water Conservation administers the state's §319 program. DCR coordinates the
    Nonpoint Source Advisory Committee, which is comprised of representatives from all state
    and federal agencies having responsibility for nonpoint source pollution control.  DCR, in
    coordination with the Advisory Committee, allocates funding for watershed projects,
    demonstration and education programs, nonpoint source pollution  control program
    development, and technical and program staff.51 Many §319 funded activities have occurred
    within the Bay basin in Virginia,  particularly within the Shenandoah Valley area which is a
    high priority for nonpoint source control activities.
          There are many opportunities for states to develop programs that can piggy-back
    onto the EPA §319 grant program.  For example, Pennsylvania's Department of
    Environmental Protection administers the Pennsylvania Chesapeake Bay Education Mini-
    Project Program.  This program  offers small grants related to §319.  At least one local
    government has received funding through the program to develop an education project for
    a school.52

          Coastal Zone Management Act: Coastal Nonpoint Source Program

          The Coastal Zone Management Act Reauthorization Amendments (CZARA) of
    1990 include the Coastal Nonpoint Source Program which is administered by the National
    Oceanic  and Atmospheric Administration (NOAA) and the Environmental Protection
    Agency.  Section 6217 of CZARA was designed to address more specifically the impacts of
    nonpoint source pollution on coastal water quality.  The program requires  coastal states
    with an approved coastal zone management plan to develop and implement management
    measures for nonpoint pollution control. Programs approved in these Coastal Nonpoint
    Source Management Plans include protection and restoration of wetlands and riparian areas
    and the use of vegetated treatment systems such as filter strips and constructed wetlands.
          In Virginia, the (Section 6217) Coastal Nonpoint Source Pollution  Control Program
    is administered by the Department of Conservation and Recreation. In Maryland, the
    Program is administered by the Coastal Zone Management Division of the Maryland
    Department of Natural Resources. The Bureau of Land and Water Conservation
    administers the Program in Pennsylvania.  With public input, Virginia, Maryland and
    Pennsylvania completed and submitted their Coastal Nonpoint Source Management Plans
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    to EPA and NOAA for their approval.  All of the states' plans have been submitted,
    conditionally approved, and are awaiting final approval.
           After the state Coastal Nonpoint Source Pollution Control Programs are approved,
    they are implemented through  changes to the state's nonpoint source program and through
    changes to the state coastal zone management plan. Controls over nonpoint source water
    pollution  in the coastal zone are often carried out by local governments as well as states.
    Many of the management measures that must be implemented are conducted by local
    governments, such as land use planning and zoning, erosion control implementation, and
    development of buffer zones, among others.  Local governments can also call upon states
    to use their authorities in accordance with state  plans.  This can be particularly important
    where one or more of a local jurisdiction's wetland areas is suffering from nonpoint source
    pollution  originating in another jurisdiction.

           National Flood Insurance Program (NFIP)

           The Federal Emergency Management Agency's (FEMA) Federal Insurance
    Administration runs the National Flood Insurance Program (NFIP) which makes
    government flood insurance available to residents of communities adopting and enforcing
    floodplain management ordinances that represent sound land use practices.  More than
    18,000 communities participate nationwide. FEMA has published a community status book
    which lists all of the communities participating in the flood insurance program. The status
    book is available through FEMA's web site.
           When a community chooses to join the  NFIP, it must require permits for all
    construction or other development in these areas. The governors of each state designate an
    agency in their state government to coordinate that state's NFIP activities. These agencies
    then assist communities with developing, adopting, and implementing floodplain
    management measures.  States have the  option of requiring more stringent measures than
    those of the NFIP
           For flood insurance to be made available to communities, the community must
    require permits for development in flood hazard areas  and to ensure that proper materials
    and methods are used in new construction. In an effort to reduce potential  flood losses,
    FEMA has created additional incentives for states and  communities to enforce floodplain
    management requirements.
          Riparian wetlands (those found along river corridors) are often degraded and
    destroyed by development in flood plains, by  natural disasters, and by attempts to reduce
    the impacts of natural disasters. For example, many thousands  of acres of valuable riparian
    and wetland habitat have been lost through the  construction of flood control projects, such
    as dams and levees.  Some measures to mitigate  the impact of floods can achieve multiple
    objectives, such as preventing damages to buildings or  facilities while protecting critical
    habitat, providing opportunities for recreation, providing flood storage, or enhancing other
    natural resources. Examples of these  mitigation actions are the acquisition and relocation of
    flood prone buildings and the preservation of steep slopes subject to mudslides or
    landslides.
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           To facilitate local administration of NFIP, the community assistance programs in
   every state help local communities administer NFIP by developing and implementing
   adequate floodplain protection ordinances.  Local governments can develop flood control
   policies that seek to avoid permitting development in flood plains and structural flood
   control projects that can protect riparian wetlands from being destroyed and degraded.
   There are many opportunities for local governments, through both federal and state
   legislation, to develop strict guidelines for permit applicants seeking to build in floodplains
   and riparian wetlands.
          The Pennsylvania state legislature passed the Pennsylvania Floodplain Management
   Act on October 4, 1978. The act requires all flood prone municipalities to participate in the
   National Flood Insurance Program. To  participate, municipalities must enact local
   floodplain management regulations which, at a minimum, must comply with federal
   requirements and the state floodplain management requirements.  The Act states that no
   person may engage in any activity in the  100-year floodplain unless first obtaining a permit
   from the Department of Environmental Protection.  Associated wetland impacts for the
   proposed activity must also be analyzed.
           The Maryland Department of the Environment's Technical and Regulatory Services
   Administration (TARSA) is the state's NFIP coordination office.  Working under contract
   with FEMA,  TARSA provides technical  assistance and oversight to Maryland communities
   who participate in NFIP. In Maryland, participation in NFIP is voluntary, but virtually all
   of the  state's  flood prone municipalities — 115 local communities — participate in the
   program.53 Any activities that take place within the 100-year flood plain require a Nontidal
   Wetlands and Waterways Permit (Construction Permit for Activities within the 100-year
   Floodplain) from the Maryland Department of Environment's Water Management
   Administration, Wetlands and Waterways Division.54
           The Virginia Department of Conservation and Recreation's (DCR) Division of Soil
   and Water Conservation provides educational information and technical  assistance to
   private landowners and local governments on floodplain planning. DCR works with local
   governments and their zoning and building officials to ensure that their floodplain
   ordinances are properly implemented. Floodplain management staff members  serve as
   liaisons between localities and FEMA and the National Flood Insurance  Program.  In
   Virginia, 258  of the state's flood prone municipalities participate in NFIP and 22 do not.55
           Virginia's  Department of Conservation and Recreation also administers a Flood
   Prevention Protection Fund. The fund was established to provide local governments with a
   50 percent match for flood prevention or protection projects. Localities are eligible for
   either grants  or loans to  conduct floodplain studies and mapping, structural protection and
   buy-outs, and relocation.
           Virginia's  Flood Damage Reduction Act56 establishes working definitions for many
   floodplain management terms and delegates the coordination of the national Flood
   Insurance Program to the Department of Conservation and Recreation.  DCR published
   the Floodplain Management Plan of the Commonwealth of Virginia in 1991.57
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                                    Chapter Three
                                          *
        State and Federal Technical Assistance, Cost-share
                 Programs  & Subsidies to Landowners

          State and federal government agencies offer a broad range of assistance to
    landowners. Local governments that are aware of these programs can use them in their
    own planning efforts, can assist  landowners in taking advantage of these programs, and can
    combine local government actions with federal and state assistance to private landowners to
    accomplish watershed and wetlands conservation objectives.
                                                            58
    DEPARTMENT OF AGRICULTURE FARM PROGRAMS

          Because many wetlands are still extant in rural areas, and because agricultural
    activities can affect wetlands and water quality, it is important for local governments to have
    a clear understanding of the programs that are available to promote wedands conservation
    or protection on agricultural lands. The conservation provisions of the  Federal Agriculture
    Improvement and Reform Act (FAIRA), or the 1996 Farm Bill, contained many new
    programs and revised several existing conservation programs. The new and revised
    conservation  programs are geared toward providing economic incentives, cost-share, and
    technical assistance to landowners to encourage them to participate in land stewardship and
    wetlands protection in a manner that can be tailored to suit their own needs.
          The Natural Resources Conservation Service (NRCS) and the Farm Service Agency
    (FSA), two agencies within the U.S. Department of Agriculture  (USDA), are responsible for
    administering the conservation programs. NRCS is the designated lead agency for the
    Environmental Quality Incentives Program (EQIP), the Wetlands Reserve Program (WRP),
    the Wildlife Habitat Incentives Program (WHIP), and the Farmland Protection Program.
    The Farm Services Agency is the lead agency for the Conservation Reserve Program (CRP)
    and the Flood Risk Reduction Program. The two agencies work jointly on the
    Conservation Farm Option.
          In addition to the implementation agencies, the U.S. Department of Agriculture
    supports substantial technical assistance programs through its Cooperative State Research,
    Education, & Extension Service (Extension Service), which is affiliated with land grant
    institutions in every state and territory.  Over 3,000 county offices make up the Extension
    Service. Subject matter specialists/scientists in each state Cooperative Extension Service
    develop and deliver materials in four  major areas: Agriculture, Natural Resources and Rural
    Development, Home Economics and Human Nutrition, and 4-H Youth Development.
    The majority of Extension Service information related to wetlands flows through the
    Natural Resources and Rural Development and Agriculture programs. Other major
    programs and initiatives throughout the Service contribute to wetlands protection and
    management.  Many Extension Service programs are developed and offered in cooperation

Chapter Three: State and Federal Technical Assistance,                           33
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    with other federal and state agencies and operate with the assistance of hundreds of
    thousands of volunteers.
           At the state level, NRCS performs "conservation needs assessments" and establishes
    policies, priorities, priority areas, eligible practices, and program performance indicators.
    NRCS state conservationists meet with FSA, FSA state committees, state conservation
    agencies, state conservation associations, and other members of the state technical
    committee, to identify priority areas for programs such as the Environmental Quality
    Incentives Program, Conservation Reserve Program, Wildlife Habitat Incentives Program
    and the state §319 program. The intention is that conservation needs assessment will help
    foster locally led conservation.  NRCS strongly encourages conservation  districts to take the
    lead on the assessments, but participation is voluntary.  If the districts do not want to
    conduct the assessment, the state NRCS is responsible.
          Tributary strategies address nonpoint source pollution at the source in the Bay
    watershed.  Strategies developed by the state conservation districts will serve as the basis for
    conservation needs assessments at the local level.  Many of Pennsylvania's conservation
    districts have made significant progress in conservation needs assessment.  In Maryland, the
    conservation districts are fully engaged in conducting conservation need assessments.
    Virginia's local working groups  are currently focused on developing these strategies.
          In 1990, the Food, Agriculture, Conservation, and Trade Act required the U.S.
    Department of Agriculture to establish state technical committees in each state to assist in
    the technical considerations and to develop technical guidelines necessary to implement the
    conservation provisions of the  Farm Bill. In each state, the state  conservationist is
    responsible for establishing and chairing the state technical committee. Representation on
    the Committee also includes the Farm Service Agency, the U.S. Forest Service, the
    Extension Service, the U.S. Fish and Wildlife Service, state departments and agencies
    including fish and wildlife, forestry, water resources, agriculture, and the state association of
    soil and water conservation districts. In the 1996 Farm Bill, the role of the state technical
    committees was expanded. The committees have been broadened to include special
    interests concerned with farm issues, such as agricultural producers, nonprofit organizations
    with conservation expertise and "persons knowledgeable about conservation techniques",
    and  agribusiness. The state technical committees offer advice on  establishing criteria and
    priorities at the state level, develop technical standards for conservation programs, and
    provide recommendations  on such issues as wetlands protection,  restoration and mitigation
    requirements and wetlands and  conservation compliance exemptions and appeals.
          For the most part, local district conservationists administer the on-the-ground
    implementation of the Farm Bill programs through partnerships with locally led
    conservation teams.59

          Wetlands Reserve Program (WRP)

          WRP is a voluntary incentive program to restore and protect wetlands on private
    agricultural property.  It is an opportunity for landowners to receive financial incentives to
    enhance wetlands in exchange for retiring marginal agricultural land. The benefits to


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    participating landowners include receipt of financial compensation; enhancement of
    wetlands values that benefit the landowner and society; reduction of problems associated
    with farming potentially difficult areas; and the opportunity to practice conservation
    stewardship and provide recreational opportunities. The benefits provided by wetlands
    include fish and wildlife habitat; improving water quality by filtering sediments and
    chemicals; reducing flooding; recharging groundwater; protecting biological diversity; and
    furnishing educational, scientific, recreational, and aesthetic benefits.
           Landowners who are interested in participating in WRP may sell a conservation
    easement or enter into a cost-share restoration agreement with USDA to restore and
    protect wetlands. Participants voluntarily limit future use of the land, yet retain private
    ownership. Landowners who enroll their lands must work with NRCS to develop a plan for
    the restoration and maintenance of the wetland.  WRP offers landowners three enrollment
    options: permanent easements, 30-year easements, and restoration cost-share agreements
    of a minimum of 10 years. With permanent easements, landowners essentially sell a
    permanent easement on their land to the USDA, who will pay 100 percent of the costs of
    restoring the wetlands. With 30-year easements, landowners enter into 30-year conservation
    easements and are eligible to receive easement payments  that are 75 percent of what would
    be paid for a permanent easement.  USDA will also pay 75 percent of the restoration costs.
    Restoration cost-share agreements are  an agreement with USDA for a minimum of 10 years,
    to re-establish degraded or lost wetland habitat. USDA pays 75 percent of the cost of the
    restoration activity.
           Lands eligible  for WRP include prior converted croplands; farmed wetlands;
    wetlands farmed under natural  condition; farmed wetland pasture; farmland  that has
    become a wetland as a result of flooding; rangeland, pasture, or production forestland where
    the hydrology has been significantly degraded and can be restored; riparian areas which link
    protected wetlands; lands adjacent to protected wetlands  that contribute significantly to
    wetland functions and values; and previously restored wetlands, including Conservation
    Reserve Program land that is deemed eligible. Landowners must have owned the land for at
    least 1 year prior to enrolling the land in a conservation easement.
           Participation in the Wetlands Reserve Program allows landowners to continue to
    control access to their land. Landowners can lease the land for hunting, fishing, and other
    undeveloped recreational activities and may engage in other activities, if approved by  USDA,
    including, cutting hay, grazing livestock, and harvesting wood products.
           Local governments can get involved directly with the WRP by enrolling land that
    they own in the program. For  example, in Sullivan County, Pennsylvania, flooded land that
    was purchased using WRP funding will become state or local land.  Officials in the area are
    considering enrolling 2-3 acres of the property in WRP.
           Currently, conservation district employees, USDA/NRCS employees, and groups
    like Pheasants Forever and Trout Unlimited lead education and outreach on WRP.  Yet,
    there are many opportunities for local governments to educate landowners about the value
    of wetlands and the benefits of converting marginal land. They could also inform citizens
    of the tax benefits of taking marginal land out of production. In addition to general
    education,  local governments can use soil surveys to identify areas with hydric soils and
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   encourage fanners in these areas to take advantage of the program.  Soil surveys and
   accompanying maps are available to local governments through their county conservation
   district. Finally, local governments — like many private conservation groups are currently
   doing — can augment USDA's WRP funds to further encourage participation.60

          Flood Risk Reduction

          The 1996  Farm Bill established this program to offer voluntary contracts to
   landowners. The  contracts provide one lump sum payment to producers who farm land
   with high flood potential to take their land out of production.  The payment equals 95
   percent of what a farmer would have received over seven years from their market transition
   payments, in order to offset the estimated amount of money the federal government would
   have spent supporting farmers who farm frequently flooded land. In return, the producer
   agrees to comply with applicable wetlands and  highly erodible land requirements and to
   forego commodity loans, crop insurance, conservation program payments, and disaster
   payments.

          Emergency Watershed Protection Program

          The Emergency Watershed Protection  (EWP) program was  established by the 1996
   Farm Bill.  It was  designed to reduce threats  to life and property in the wake of natural
   disasters. It provides technical and cost sharing assistance to landowners who  have been
   affected by floods. Assistance includes both removing and establishing vegetative cover;
   gully control; installing streambank protection devices; removing debris and sediment; and
   stabilizing levees,  channels, and gullies. In subsequent storms, EWP  projects protect homes,
   businesses, highways, and public facilities from further damage.  Under EWP,  the
   Department of Agriculture may purchase floodplain easements to reduce  the risk of future
   damage caused by floods.

          Environmental Quality Incentives Program (EQIP)

          The Environmental Quality Incentives  Program was established by the 1996 Farm
   Bill to provide a single, voluntary conservation program for farmers and ranchers to address
   significant natural resource needs and objectives. Nationally, it provides technical, financial,
   and educational assistance to livestock-related natural resource problems and to more
   general conservation priorities.61
          EQIP is available primarily in priority areas where there are significant natural
   resource needs and objectives. These priority areas are determined by local work groups,
   involving local conservation districts, USDA's Natural Resources Conservation Service and
   Farm Service Agency, FSA county committees, Cooperative Extension Service, local
   governments, and others interested in natural resource conservation. These groups conduct
   a conservation needs assessment, identify local priorities, determine  ranking criteria, and
   then send their recommendations for priority areas and program policy to NRCS for


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    approval in consultation with FSA. The conservation needs assessment is used by NRCS to
    establish conservation priority areas where significant water, soil, and related natural
    resource problems exist.  The NRCS state conservationist then sets priorities, with the
    advice of the state Technical Committee, that are integrated into regional and national
    strategic plans.  These strategic plans become the basis for funding allocations.
           EQIP funds are allocated to priority areas where there are serious and critical
    environmental needs and concerns. High priority is given to areas where state or local
    governments offer financial or technical assistance and where agricultural improvements will
    help meet water quality and other environmental objectives. As a result, local governments
    have the opportunity to greatly influence how the EQIP funds are allocated.
           Under EQIP, landowners enter into 5- to 10- year contracts with the Natural
    Resources Conservation Service. The program provides incentive payments and cost
    sharing for up to 75 percent of the costs of conservation  practices such as filter strips,
    manure  management systems, pest management, and erosion control.
           Land eligible for EQIP contracts must be agricultural land that poses a serious
    problem to soil, water, or related resources.  Landowners must carry out conservation
    activities in agreement with a conservation plan developed with the local district
    conservationist. Total cost-share and incentive payments are limited to $10,000 annually
    and to $50,000 over the life of the contract.

           Conservation Reserve Program (CRP)

           CRP offers landowners annual payments for  10 years in return for placing
    environmentally sensitive cropland into an easement  and implementing a conservation plan
    for the easement.  Program goals include reducing soil erosion, reducing sedimentation,
    improving water quality, and providing fish and wildlife habitat.  Operators must implement
    a conservation plan approved by the local conservation district that converts sensitive lands
    to  a less  intensive  use, primarily through planting filter strips, riparian buffers, shelter belts,
    living snow fences, field windbreaks, grassed waterways, salt tolerant vegetation, and shallow
    water for wildlife.  CRP participants also get 50 percent cost-share for the required
    structural work and establishment of permanent cover. Any cropland where a wetland
    (shallow water area for wildlife) can be restored or constructed, including cropped wetlands,
    is eligible. To be eligible, landowners must have planted land in an agricultural commodity
    in any of 2 of the last 5 crop years and be determined eligible by the  Natural Resources
    Conservation Service.
          To be eligible for CRP, land must meet certain specifications relating to the
    credibility of the property.  CRP is also  available in areas that have been identified as
    "priority areas" by the NRCS. Chesapeake Bay has been identified as a priority area for
    CRP funding. This means that landowners in the Chesapeake Bay can participate in CRP
    even if their land does not meet highly erodible standards.
          Local governments are also eligible to participate in  CRP. Currently, the county
    extension service and conservation districts conduct the majority of the education and
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    outreach for CRP  Local governments can help by educating residents about the program's
    benefits through public service -announcements, newsletters or other means.

           Wildlife Habitat Incentives Program (WHIP)

           The Wildlife Habitat Incentives Program was established by the 1996 Farm Bill to
    help landowners  improve wildlife habitat on their lands.62  The voluntary program provides
    cost-sharing for developing habitat for upland wildlife, wetlands wildlife, end-angered
    species, -and fisheries.
           Participants work with the Natural Resources Conservation Service to prepare a
    wildlife habitat development plan in consultation with the local conservation district.  The
    plan describes the landowner's goals for improving wildlife habitat, includes a list of
    practices and schedule for installing them, and details the steps necessary to maintain  the
    habitat for the life of the agreement.
           Landowners must enter into cost-share requirements for a minimum of 10 years.
    USDA provides technical assistance and pays up to 75  percent of the cost of installing the
    wildlife habitat practices. The cost-share payments may be used to establish, maintain, or
    replace wildlife habitat practices. State wildlife agencies or private organizations may also
    provide expertise or additional funding to help  complete a project. Land is not eligible for
    WHIP if it is currently enrolled in the Conservation Reserve Program, Wetlands Reserve
    Program, or other similar programs.
           WHIP funds -are based on state wildlife habitat priorities which may include: wildlife
    habitat -areas (like the Environmental Quality Incentives Program); targeted species  and their
    habitats; specific practices; and cooperative agreements with other federal, state, or  local
    -agencies, conservation districts, or private conservation groups.  Since state priorities -are
    developed in consultation with the  state  Technical Committees, local governments and
    concerned citizens have an  excellent opportunity to contribute to prioritizing how and
    where funds  are spent.

           Farm Credit Program

           Administered by the Farm Service Agency, the  Farm Credit Program grants small
    loans to small or family-sized farms (but not local governments).  In return for the loan, the
    landowner must agree to conservation requirements. If farmers are unable to pay the debt
    on the loan, they have  the option of entering into a conservation contract with FSA,
    whereby they enroll environmentally sensitive portions of their property, such as  wetlands
    or streambanks, in a conservation easement.  The amount of debt write-off that farmers
    receive depends on factors such as  the amount of land included or the length of the
    conservation contract.  Local governments can get involved in the program by educating
    farmers about the option.
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         Sources of State, Federal, and Locally-Based Technical Assistance, Cost-Share, and Subsidies

         Federal Sources
                 U.S. Department of Agriculture
                         Natural Resources Conservation Service
                         Farm Service Agency
                         Cooperative State Research, Education, & Extension Service
                         Forest Service
                 U.S. Fish and Wildlife Service

         Slate Sources
                 Maryland Department of Natural Resources
                         Forest Service
                         Division of Wildlife
                         Division of Watershed Restoration
                         Program Open Space
                 Maryland Department of Environment
                         Water Management Administration
                 Pennsylvania Department of Environmental Protection
                         Division of Waterways, Wetlands and Erosion Control
                 Pennsylvania Department of Conservation & Natural Resources
                         Bureau of Forestry
                         Bureau of Recreation and Conservation
                 Virginia Department of Forestry
                 Virginia Department of Game and Inland Fisheries
                 Virginia Institute of Marine Science
                 Virginia's Chesapeake Bay Local Assistance Board
                 District of Columbia
                         Water Resources Management Division

         Lacally-Based State and Federal Sources
                 District Conservationists  (NRCS)
                 Conservation Districts
                         Maryland Conservation Districts
                         Pennsylvania Conservation Districts
                         Virginia Soil and Water Conservation Districts
                 Farm Service Agency
                 State Extension Agents
                 County Foresters
                         Maryland Pro|ect Foresters
                         Pennsylvania Service Foresters
                         Virginia County or Area Foresters
    FEDERAL AND STATE FORESTRY PROGRAMS

            A significant number of assistance programs are targeted toward forests and
    forestry.  Because forests often include significant wetlands systems, and because well-
    managed forests can contribute to water quality and the protection  of downstream and
    adjacent wetlands, local governments should be aware of these programs.

    U.S. Forest Service Stewardship Programs

            The two forestry assistance programs of the USDA Forest Service are administered
    by state forestry agencies within the Chesapeake Bay states.
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                 Forest Stewardship Program

          The Forest Stewardship Program (FSP) is aimed at encouraging long-term
    stewardship of non-industrial private forest land by assisting owners to actively manage their
    forest for multiple resource benefits. The program provides technical planning and
    management assistance to landowners to help them enhance and protect the timber, hsh
    and wildlife habitat, water quality, wetlands, and recreational and aesthetic values on their
    property. The state forestry agency works with landowners in the program to develop a
    multiple  resource management plan, called a Landowner Forest Stewardship Plan, for the
    property. The Stewardship Plan guides management activities and helps the landowner
    identify cost-share opportunities. The plans are geared towards multiple resource
    management and are tailored to the economic needs  of the landowner.

                 Stewardship Incentive Program

          The Stewardship Incentive Program (SIP) can provide an incentive to landowners to
    implement the Landowner Forest Stewardship Plans  developed under the Forest
    Stewardship Program.  SIP is administered by the state Forestry Departments and the U.S.
    Department of Agriculture's Farm Service Agency. The overall goal of SIP is to enhance
    forest management on private lands through a long-term commitment to stewardship, and
    one of the objectives is to protect and restore forest wetlands.
          The Stewardship Incentive Program is available to landowners participating in the
    FSP who have approved Landowner Forest Stewardship Plans. An eligible landowner may
    be a private individual, group, association, corporation, Indian tribe, or other legal private
    entity, who owns 1,000 acres  or less of qualified land.
          To receive SIP funding, landowners are required to maintain and protect SIP funded
    practices for 10 years.  The federal guidelines for the  SIP define nine major categories for
    funding.  States may determine which of those categories they will fund, and within each of
    those categories, states can determine what technical  activities are eligible for funding.  Each
    state may determine what percent cost-share is allowed for each approved activity up to the
    75 percent cost-share cap.  The SIP practices that are available  at the state level include:

          1.     Stewardship Plan Development
          2.     Reforestation  and Afforestation
          3.     Forest and Agroforest Improvement
          4.     Windbreak and Hedgerow Establishment
          5.     Soil and Water Protection and Improvement
          6.     Riparian and Wetland Protection and  Improvement
          7.     Fisheries Habitat Enhancement
          8.     Wildlife Habitat Enhancement
          9.     Recreation Enhancement
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           Although local governments are not eligible for cost share assistance under the
    Stewardship Incentive Program, they can receive technical and planning assistance through
    the Forest Stewardship Program.

           U.S. Department of Agriculture: Forestry Incentives Program

           The Forestry Incentives Program (FIP), a program administered by the U.S.
    Department of Agriculture's Natural Resources Conservation Service, provides financial
    assistance to private landowners for tree planting and timber stand improvement. The
    purpose of the program is to increase the Nation's supply of timber production from
    private, nonindustrial forest lands, including forested wetlands. Because many landowners
    do not have the funds to make long-term investments in forestland improvement, FIP
    offers to share the expense with eligible landowners.  FIP provides an excellent opportunity
    for private landowners with forested wetlands on their property to receive cost-share
    assistance for planting trees and developing a forest management plan for their property.
           Landowners apply to participate in the program at the county NRCS office.  The
    NRCS office then asks the state forestry agency to examine the property, help develop a
    forest management plan for the property, and certify the need for the proposed activity.
    Consideration is given to enhancing other related forest resources as well as cost effective
    timber production. The state forestry service provides technical advice  throughout the
    process and will help locate experts to perform the work. The state forestry agency must
    then certify that the project has been completed successfully before the payment is made.
           Cost-sharing payments are limited to a maximum of $10,000 per landowner.  Cost-
    share payments are used to develop  forestry practices such as seedbed preparation; planting;
    weed control; and plant establishment.

           State Forestry Programs

           Each state has a state forester within the forestry agency of the state's department of
    natural resources.  There are also  state foresters  (called Service or County  Foresters) at the
    county level who implement SIP and other federal cost-share programs, as well as state
    technical and cost-share programs. Many of these programs have potential to protect
    wetlands and water quality, particularly riparian areas.  States are required to establish forest
    stewardship advisory committees  to  prioritize how SIP funds are expended and what
    activities are eligible for funding.
           Local governments should be aware of these forestry programs  and the local state
    forestry agency representatives who  are responsible for their areas. These professionals can
    provide significant assistance and can help local governments plan for conservation and
    wetlands-related activities in forested areas or areas targeted for reforestation.
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                  Virginia

           The Virginia Department of Forestry (VDOF) is responsible for the protection of
    15 million acres of forest land from forest fire, insects and disease.  VDOF manages 14 state
    forests and other state lands totalling about 50,000 acres for timber, recreation, water,
    research, wildlife and biodiversity. VDOF provides professional forestry advice and
    technical management assistance for nonindustrial, private forest landowners through a
    variety of programs.  The 300,000 forest landowners in Virginia control 77 percent of the
    forestland necessary to support the forest industry which makes a significant contribution to
    the state's economy.
           Virginia has a stewardship coordinating committee comprised of stakeholders,
    including private landowners, state agencies, forestry industry, and consultants, who
    prioritize how SIP money is spent.  For example, in Virginia, the Department of Forestry
    has signed a cooperative agreement with the Department of Game  and Inland Fisheries to
    use SIP money to manage quail.
           The Chesapeake Executive Council of the Chesapeake Bay Program signed the
    Riparian Forest Buffer Directive in October 1994, which recognizes that a healthy Bay is
    dependent on healthy streams and rivers and that forests are vitally important to both.
    The Virginia Department of Forestry uses the Directive to guide its conservation goals.
           In addition to the technical assistance programs administered in part by the Division
    (FSP, SIP, FIP), several other programs are forestry-related and have some bearing on
    wetlands protection.  Virginia's Chesapeake Bay Preservation Act exempts silvicultural and
    agricultural activities from the Act's requirements, only if they adhere to the water quality
    protection procedures prescribed by the Department of Forestry in its "Best Management
    Practices  Handbook for Forestry Operations."63  Best management practices, or BMPs, can
    be designed to protect wetlands and minimize the impacts of development and forestry
    practices on adjacent wetlands.  Local governments generally partner with the Department
    of Forestry to coordinate enforcement of BMPs.
           In 1993, the Virginia state legislature passed the Silviculture Water Quality Law
    which gives the Department of Forestry the authority to stop harvesting activities if
    sediment is entering waterways, including wetlands.  The Department can then recommend
    corrective action, and can initiate civil penalties up to $5,000 per day for violations. This
    regulatory authority provides an important backup  to incentive and technical assistance
    programs.

                 Pennsylvania

           The mission of the Pennsylvania Bureau of Forestry is to ensure the long-term
    health,  viability and productivity  of the  Commonwealth's forests and to conserve native wild
    plants.  The Division  of State Forest Management is responsible for managing and
    administering the 2.1 million acres of state-owned forest land.  For the purposes of
    administering Bureau programs, the Commonwealth is divided into 20 forest districts.
    Operations in each forest district are supervised by a district forester. The district staff


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    promotes proper forest stewardship through assistance to private landowners and through
    educational programs.
           The Pennsylvania Bureau of Forestry, in conjunction with the state Forest
    Stewardship Committee, prioritizes how SIP funding is allocated. The highest priorities in
    the state are the regeneration of forests and riparian buffer planting.  Those projects that
    have priority for funding tend to receive a higher cost-share percentage. Because of the
    high  costs of wetland restoration projects, Pennsylvania tends to cost-share wetland
    restoration projects at a lower rate than forest regeneration and riparian buffer planting.
           Landowners may apply for cost-share assistance from the Bureau of Forestry for
    between 35 percent and 65 percent of the costs associated with for SIP approved activities.
    The Bureau relies on the U.S. Fish and Wildlife Service (FWS) to provide technical
    assistance in designing and implementing wetland restoration projects.
           Under Pennsylvania SIP Practice 6, "Riparian and Wetland Protection and
    Improvement", the state offers cost-shares for the following projects:

    •       Riparian forest buffers: planting buffers; fencing; tree shelters
    •       Streambank and shoreline protection: regrading streambanks; planting seedlings,
           rooted or unrooted cuttings, live stakes, live posts, or fascines (bundles of cuttings);
           livestock access ramps
    •       Restoring wetlands that have been degraded: planting within an existing wetland

    Under SIP Practice 8, "Wildlife Habitat Enhancement," landowners may receive cost-share
    for establishing a vernal pool.
           In Pennsylvania, two forest industries will also  offset the costs of purchasing
    seedlings for private landowners. Seedlings are purchased from the Bureau of Forestry's
    tree nurseries, and the private companies reimburse landowners. Glatfelter Pulp Wood
    Company will provide cost-shares to landowners in 16 counties in south-central
    Pennsylvania, and Westvaco will provide cost-share in  10 counties in Southwest
    Pennsylvania.

                  Maryland

           The mission  of the Maryland Department of Natural Resources' Forest Service is to
    conserve and enhance the quality, quantity, productivity and biological diversity of the forest
    and tree resources of Maryland.  The Service also provides leadership and technical and
    financial support to inform, involve and empower citizens, local governments and private
    organizations to take action necessary  to accomplish these goals.
           Maryland has a SIP Committee to prioritize how SIP funds are  distributed.  The
    Committee determines which of the SIP categories of activities are of highest priority; the
    county  foresters prioritize the applications they receive; and the Committee fits those
    applications into the prioritized system they have developed.
           The Maryland SIP Committee has determined  that SIP  1, "Management Plan
    Development", SIP 2, "Reforestation and Afforestation", SIP 6, "Riparian and Wetland
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   Protection and Improvement", and SIP 8, "Wildlife Habitat Enhancement", are the highest
   priorities for receiving cost-share payments.
          Under the Riparian and Wetland Protection and Improvement category, most of the
   applications for SIP cost-share funding are for the establishment of riparian buffers. This is
   an intentional attempt on the Service's behalf to meet the goals set forth by the Chesapeake
   Executive Council in the 1996 Adoption Statement on Riparian Forest Buffers.  The
   majority of SIP applications in Maryland are for Wildlife Enhancement activities. Under
   this category, the Service primarily funds applicants to establish nesting structures and plant
   wildlife shrubs.

                           Maryland Woodland Incentives Program

          In addition to administering SIP, Maryland's Project Foresters run the state's cost-
   share program, the Woodland Incentives Program (WIP). WIP provides technical
   assistance and up to 50 percent cost-share payments to private, nonindustrial woodland
   owners for the management of their woodlands, including forested wetlands.  WIP goals
   include the enhancement of the environmental, aesthetic, and wildlife benefits provided by
   private woodlands. The program covers such activities as tree planting, conducting timber
   stand improvements, and reforestation of open land or cutover woodlands. Approximately
   95 percent of all participants in the program live in the loblolly pine section of Maryland on
   the lower Eastern Shore.

                             Maryland Buffer Incentives Program

          Maryland Project Foresters also administer the Buffer Incentive Program (BIP).
   This state funded program was established to  encourage the planting and maintenance of
   forested buffers around the Chesapeake Bay and its tributaries as a means of reducing
   nutrient loading to the bay.  BIP provides  technical and financial assistance, and is a grant
   program, not a cost-share program. Under the Buffer Incentive Program, landowners who
   meet certain eligibility requirements may receive $300 per acre for every acre of buffer they
   establish.  The minimum buffer acreage eligible is 1 acre, and the maximum is 50 acres.  The
   buffers must be maintained for 10 years and must be at least 50 feet wide.  Project Foresters
   also work with landowners enrolled in the program to prepare the buffer plan and to plant
   the trees.

                     Maryland Nonstructural Shore Erosion Control Act

          The Maryland Forest Service and county soil conservation district offices also
   administer the state's Nonstructural Shore Erosion Control Act. Under the program,
   Project Foresters provide technical and cost-share assistance to property owners and local
   governments  on shoreline and bank erosion problems. The Service uses both structural
   and nonstructural shoreline stabilization techniques that use bioengineering to solve shore
   erosion problems  through the creation of protective vegetative buffers. Cost-share


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    payments may cover up to 50 percent of the design and project construction costs for
    approved activities. Both private and public landowners with property adjacent to any body
    of water in Maryland are eligible for grants under the program.

    STATE WETLANDS PROGRAMS: TECHNICAL ASSISTANCE & COST-
    SHARES

           Pennsylvania

                  Technical Assistance and Cost-Share

           The Pennsylvania Department of Environmental Protection (DEP), Chapter 105
    Program, has developed partnerships with 43 of the 67 County Conservation Districts
    within the Commonwealth to provide services at the local level.  In accordance with
    individual delegation agreements, districts provide information and written materials to the
    general public and industry.  Districts also have the authority to acknowledge registration of
    the use of general permits. Many also conduct on-site investigations of complaints in an
    effort to encourage voluntary compliance or refer the investigation to a regional DEP
    office.
           Through  the use of the Wetland Replacement Project, the DEP provides funding
    for wetland restoration on private or public land. The DEP also provides environmental
    engineering design assistance for projects. The funds collected support projects sponsored
    by private and public agencies that result in the restoration of wetlands, riparian corridors,
    and other aquatic systems. Municipal governments, watershed organizations, sportsmen's
    groups, private landowners, and others may sponsor projects and receive funding from the
    Pennsylvania Wetland Replacement Fund.64
           The Pennsylvania DEP published the Local Government Handbook in 1997, which is
    designed to  help local officials and residents obtain information on environmental issues in
    their communities.  It contains information on grants, technical assistance, and points of
    contact in DEP's central, regional, and district offices. It also lists the DEP local
    government outreach staff that act as liaisons between local and state government.

                 Greenways

           Several state agencies organized Pennsylvania's first Governor's conference on
    Greenways and Trails in April 1997.  With the assistance of several nonprofit organizations,
    Pennsylvania intends to use the results generated from this Conference and develop a
    Greenway Plan.
           Key Pennsylvania funding sources for greenway planning an development include
    ISTEA, National Trails Program, and the Keystone Community, Rails-to-Trails, and Rivers
    Conservation Grant Programs. The Department of Conservation and Natural Resources'
    Bureau  of Recreation and Conservation administers grants to local governments for land
    acquisition and development of greenways projects through the Keystone Fund.


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          Maryland

                 Technical Assistance and Cost-Share

          General assistance and technical information is available to local governments and
   citizens at the field offices and headquarters of the Maryland Department of the
   Environment's (MDE) Water Management Administration.  The Administration will also
   provide assistance on watershed planning and wetland management, will oversee wetland
   mitigation projects, and often engages in cooperative projects with private landowners.
          Maryland's  Nonstructural Shore Erosion Control Act65 is administered by the
   Maryland Department of Natural Resources' (DNR) Forest Service and county soil
   conservation district offices.  The program enables DNR to provide technical assistance to
   property owners and local governments experiencing specific shoreline and bank erosion
   problems. The program, which used some structural shoreline stabilization techniques, now
   uses many nonstructural shoreline stabilization techniques including marsh grass plantings.
          DNR's Watershed Restoration Division and MDE's Water Management
   Administration provide technical assistance to local governments, watershed associations,
   and private landowners on how to protect, restore, enhance and create wetlands for the
   benefit of wildlife and water quality.  The agencies also provide training on how to conduct
   watershed/stream assessments  and how to minimize the impacts of existing and future
   developments on water quality  and wildlife habitat. Cost-share opportunities are sometimes
   available for specific activities in designated watersheds.

                  WildAcm

          Maryland's  Wild Acres Program, administered by the Department of Natural
   Resources' Wildlife Division, is designed to provide private landowners with information
   and technical assistance on creating or enhancing wildlife habitat in backyards, parks,
   nursing homes, farms, and other areas.  The program includes enhancing wetland habitat
   for wildlife.

                  Wildlife Habitat Improvement Program

          Maryland's Wildlife Habitat Improvement Program seeks to enhance waterfowl
   habitat on private farmland by  paying farmers to leave certain crops unharvested in the field
   to provide food for wildlife.  The program can also fund wildlife enhancement projects on
   public lands. The program receives approximately $160,000 annually and can provide
   certain types of farm equipment for  use on habitat projects.

                 Maryland Greenways Program

          The Greenways Program is administered by the Maryland Department of Natural
   Resources' Chesapeake and Coastal Watershed Service.

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           In 1990, Maryland launched an effort to establish a statewide network of greenways.
    Over 900 miles of protected greenway corridors have been established. The existing
    network is comprised primarily of stream valley corridors and recreational trails. These
    corridors are identified in the Maryland Greenways Atlas.  The publication is  available from
    the Maryland Greenways Commission.
           One of the goals of the Maryland Greenways Commission's workplan is to identify
    corridors with multiple ecological benefits and target land conservation in those areas.
    Targeted corridors will be those that provide several ecological functions, such as wetland
    protection, habitat preservation, forest connectivity, or stream buffers. Priority greenways
    will be identified through DNR's integrated Natural Resource Assessment. The first draft
    of the assessment is expected to be completed by the end of 1997.
           Greenways also play a role in the state's Rural Legacy Program and the Heritage
    Area's Program.  Greenway corridors will also continue to be identified in local
    comprehensive plans in the state, which now have a greater focus on the protection of
    sensitive areas, including wetlands, steep slopes, and waterways.

                  Rura/ Legacy Program

           Maryland's Rural Legacy Program was enacted in  1997 as part of the Governor's
    overall "Smart Growth" initiative  to protect Maryland's best  remaining landscapes and
    natural areas from sprawl development. The Program is funded through a combination of
    state-issued general obligation bonds and  Program Open Space funds. It is designed to
    benefit local stakeholders by providing public agencies and land trusts with incentives to
    develop innovative strategies to protect rural lands. The Rural Legacy Program provides
    funds to local governments and local land trusts to purchase properly, conservation
    easements, and development rights, in designated Rural Legacy Areas.
           The goals of the Rural Legacy  Program are to  establish "greenbelts" of forests and
    farms around rural communities; preserve critical habitat; support natural resource-based
    economies; and protect riparian forests, wetlands, and other buffer zones of the Bay and its
    tributaries.  It was designed to create partnerships among all  levels of government and land
    trusts, as well as complement and bolster  existing programs.  A minimum of $71.3 million in
    grants is designated for the Rural Legacy Program's first five years. The Maryland Program
    Open Space and the Maryland Agricultural Land Preservation Foundation provide
    interested individuals, organizations, and local governments with additional information on
    the Program.

          Virginia

                 Technical Assistance and Cost-Share

          The Virginia Institute of Marine Science's (VIMS) wetlands program provides site-
    specific technical assistance and advice on individual problems in Virginia's coastal plain.
    VIMS conducts applied research on wetlands in support of the regulatory program and
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   provides technical expertise to the regulatory agencies involved in the permitting process in
   Virginia (the Commission, DEQ, and the Local Wetlands Boards).
          The Chesapeake Bay Local Assistance Board (CBLAD) provides technical and
   financial assistance to the 84 local governments in Tidewater Virginia that are required
   under the Chesapeake Bay Preservation Act to adopt and implement local programs to
   enhance water quality. CBLAD provides assistance to these local governments in the
   development and implementation of local zoning, subdivision, and other land use
   ordinances, as well as local comprehensive plans that improve and protect water quality.
   CBLAD's financial assistance program is a competitive grants program for Tidewater local
   governments, Planning Development Commissions (Virginia's regional planning bodies),
   and soil and water conservation districts, for the development and implementation of local
   Bay Act programs.
          As part of the nontidal wetland management programs in Virginia, the Virginia
   Department of Game and Inland Fisheries administers a Wetland Technical Assistance
   Program. This voluntary program targets farm owners,  sportsman's clubs, and corporate
   landowners with prior converted wetlands on their property, and offers them technical
   expertise on restoring wetlands for wildlife.

          District of Columbia

                 Technical Assistance and Cost-Share

          The Distinct of Columbia does not currently have any cost-share programs available
   to local landowners.  Technical information is available through the District's Water
   Resources Management Division  on a case-by-case basis.

   U.S. FISH AND WILDLIFE SERVICE

          Partners for Wildlife

          Partners for Wildlife is a voluntary partnership program,  administered by the U.S.
   Fish and Wildlife Service, that provides financial and technical assistance to private
   landowners interested in wetlands restoration. Partners for Wildlife often works with local
   governments and, in many cases, their projects are conducted on public land. Local
   governments often offer funds to help complete projects on public or private land.
          Partners for Wildlife gives priority to projects restoring degraded or former wetlands
   and associated nearby natural habitats.  The program is  designed to make a tangible
   contribution to attaining a net gain in the nation's wetland acreage and wetland-dependant
   wildlife species through on-the-ground implementation of wetland restoration projects.
   The program works through voluntary partnerships  to directly involve private landowners
   in proactive stewardship of wetlands and associated habitat. Partners for Wildlife
   emphasizes projects that restore formerly degraded wetlands and other habitats to
   conditions — as close as is feasible — to natural conditions.
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           Participants receive direct assistance with planning their wetland restoration projects
    from FWS, the Natural Resources Conservation Service, their state wildlife agency, or
    another cooperating group. The FWS then contracts or otherwise arranges for the actual
    construction work or pays the landowners for the services. To receive the financial
    assistance, the landowner must sign a cooperative agreement to maintain the restored
    wetland for at least ten years. Since Partners for Wildlife was  established in 1987, the
    program has restored over 360,000 acres of wetlands, 128,000 acres of prairie grassland, 930
    miles of riparian habitat, and 90 miles of in-stream aquatic habitat nationwide.66 Besides
    restoring wetlands, many of the participating landowners undertake active  management to
    aid wildlife. Landowners may enjoy a variety of benefits from restoring their wetlands,  such
    as recreational opportunities, sale of hunting rights, increased wildlife, improved water
    quality, timber production, and enhanced scenery. Landowners interested in participating in
    the program should contact a FWS state Private Lands Coordinator.

    Examples of wetland restoration projects include:

    •       managing water levels in ponds and wetlands to improve wildlife habitat;
    •       delaying hay harvesting to provide nesting habitat for ducks and other ground-
           nesting wildlife;
    •       managing the timing and intensity of grazing to provide vegetation for wildlife
           during critical periods;
    •       maintaining nest structures and nesting islands for waterfowl and other wildlife; and
    •       reducing pesticide use near wetlands.
           Through the U.S. Fish and Wildlife Service's Partners for Wildlife program, federal
    and state agencies and private organizations have worked together to pool financial and
    staffing resources to support private landowners interested in restoring wetlands, riparian
    areas, and upland on their property in the Chesapeake Bay.  These collective efforts have
    restored over 2,100 acres of wetlands, 25 miles of riparian corridor, and 400 acres of upland
    habitat in the Chesapeake Bay watershed in Virginia, Maryland, Pennsylvania, and Delaware.

           Partners in Flight

           In 1990, the National Fish and Wildlife Foundation and its partners sponsored an
    international workshop to address the problem of dwindling populations of North
    American migratory land birds. Although waterfowl and other wetland-associated species
    are protected by the North American Waterfowl Management Plan, no program existed to
    prevent hundreds of species of neotropical migratory land birds from being neglected. The
    workshop gave birth to the international Neotropical Migratory Bird Conservation
    Initiative, or "Partners in Flight - Aves de las Americas" (PIF). The goal of PIF is to
    maintain stable populations and enhance or restore declining populations of wild land birds,
    both migratory and resident.
           Partners in Flight is a consortium of hundreds of private organizations, natural
    resource agencies, private businesses, industry associations, private landowners, foundations,
    universities, and individual citizens dedicated to maintaining healthy bird populations in the

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   United States and throughout the Western Hemisphere. PIF is dedicated to keeping
   populations of common and less common birds from diminishing and developing
   partnerships to avoid collision between wildlife conservation and economic development.
   Through those partnerships, PIF has been able to raise awareness of the value of migratory
   birds and the need for their protection.
          In the first five years of its implementation, Partners in Flight made monumental
   strides in drawing the attention of a diversity of groups to the need for more effective
   measures to protect migratory birds before they become endangered. Partners in Flight has
   initiated more than 1,000 different projects,  from restoration of damaged sites to
   region-wide monitoring projects to inclusion of migratory bird conservation in school
   curricula throughout the nation. The result  has been the widespread recognition of the
   effectiveness  of public-private partnerships in achieving wildlife conservation goals. PIF
   attributes its success to the voluntary and cooperative aspect of the partnerships. The  U.S.
   Fish & Wildlife Service's Office of Migratory Bird Management (MEMO) serves as  the
   technical advisor to PIF.  The Service develops the administrative and technical foundations
   of the program, scientific expertise on effective bird conservation, and disseminates
   information to the public. Service outreach specialists and biologists regularly hold special
   workshops and educational programs on migratory birds for teachers and families from
   local communities.
          There are many opportunities for local governments, individuals, businesses, and
   conservation groups to become active in Partners in Flight.  One Partners in Flight project
   in Prince George's County, Maryland, is a partnership between the Prince George's County
   Planning Department, the Montgomery County Department of Environmental Protection,
   and the U.S. Geological Survey's Patuxent Wildlife Research Center. The groups are
   developing guidelines and plans to preserve  and enhance habitat for breeding forest birds in
   Prince George's County.  After models are developed that predict the occurrence of bird
   species in forests, the information will be used in combination with local zoning and forest
   conservation requirements to develop a forest conservation plan for Prince George's
   County.  The resulting conservation plan will maintain and enhance  breeding habitat for
   area-sensitive forest birds, while allowing for additional development as human populations
    increase.67
           North American Waterfowl Management Plan (NAWMP)

           NAWMP is an international agreement among the United States, Canada, and
    Mexico. It creates a framework for protecting, restoring, creating, and enhancing critical
    wetland and upland areas that function as waterfowl habitat. NAWMP is designed to
    initiate a long-term solution to land use problems by involving the coordinated action of
    federal, state, provincial, and local governments, businesses, conservation organizations, and
    individual citizens. NAWMP's goals are to protect 11.1 million acres of wetlands and
    associated uplands, restore  or enhance 14.6 million acres, and restore waterfowl populations
    to levels seen in the 1970s.  Specific population goals have been set for 32 species of ducks,
    geese, and swans.  The plan set a goal of 62 million  breeding waterfowl, enough for a fall
    flight in excess  of 100 million birds, by the year 2000.
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           The objectives of NAWMP are achieved through partnerships, or joint ventures, of
    state and federal agencies, local governments, non-profit organizations, and the private
    sector. The U.S. Fish and Wildlife Service coordinates joint ventures that pool resources
    together to achieve the plan's goals. Private landowners that live near joint ventures who
    have wetlands that are significant to waterfowl on their property may receive technical and
    financial assistance through the cooperative programs undertaken in their geographic area.

                  Projects of the NAWMP

           The plan has  identified 34 areas in Canada and the United States of particular
    importance to North America's waterfowl populations. Eleven public-private joint ventures
    have been established for some of the most critical habitats and species.  Two species-
    oriented joint ventures, focusing on the Black Duck and the Arctic Goose, are exploring the
    migration, habitat requirements, and population trends of these threatened species. The
    nine remaining joint ventures focus on protecting habitat, either by purchasing the land
    outright, leasing it, or securing conservation easements. NAWMP also uses economic
    incentives to encourage private landowners, especially farmers to use conservation practices
    that benefit wildlife.

           North American Wetland Conservation Act (NAWCA)

           The North American Wetlands Conservation Act was  enacted in 1989, in support of
    the North American  Waterfowl Management Plan, to encourage voluntary, public-private
    partnerships to conserve North American wetland ecosystems. It establishes an
    infrastructure and provides a source of funding to accomplish  that end.  The Act created a
    grant program to help support partners' conservation activities. The Act provides funding
    for wetlands conservation projects involving acquisition, restoration, and enhancement.
    Funding is approved  by the Migratory Bird Conservation Commission (MBCC) based on
    recommendations from the North American Wetlands Conservation Council. The Council
    is coordinated by the U.S. Fish and Wildlife Service and can provide assistance to
    landowners to develop proposals  for submission to the Council and MBCC.  NAWCA
    grants require a minimum one-to-one grant match from any nonfederal  source, such as  a
    state, local government, nonprofit group, or private landowners. The office that oversees
    this program is the North American Waterfowl and Wetlands  Office, which is located in
    Arlington, Virginia.

                 NAWCA in the Chesapeake Bay

           NAWCA funded The North Landing River area in southern Virginia.  The project
    area is inhabited by four rare natural communities and more than 30 rare plant and animal
    species, and was identified by the  NAWCA's Atlantic Coast Joint Venture as a top priority
    protection site in Virginia. Located near the rapidly expanding coastal  communities of
    Chesapeake and Virginia Beach, it was in  danger of development. The North River


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   Acquisition Project (funded by two North American Wetlands Conservation Fund grants
   and funds from partner contributions) made possible the conservation of over 9,000 acres
   of wildlife habitat.68
          In Maryland, NAWCA funded two projects that will benefit waterfowl populations
   enormously. The Blackwater National Wildlife Refuge in Maryland was made possible by a
   conservation partnership formed under the North American Wetlands Conservation Fund.
   Funding made possible the acquisition and protection of 2,297 acres of threatened habitat
   adjacent to the Blackwater National Wildlife Refuge. The refuge, some of the Chesapeake
   Bay's most productive estuarine habitats for a wide variety of threatened plant and animal
   species, now includes some of the best examples of tidal saltwater wetlands, tidal freshwater
   wetlands, nontidal wetlands and upland islands in Maryland.69
          Another project under consideration is the proposed Savanna Lake project.  This
   project would protect 4,323 acres of sensitive wetland habitat in the Blackwater-Nanticoke,
   MD area through fee acquisition and land donation.  With funds from the North American
   Wetlands Conservation  Fund and other contributing partners, a diverse ecosystem including
   at least 18 different wetland systems (tidal and nontidal) will become part of the Fishing Bay
   Wildlife Management Area -- a part of the Savanna Lake Natural Heritage Area.70

   PRIVATE SOURCES OF TECHNICAL ASSISTANCE AND COST-SHARE

          Ducks Unlimited

          Ducks Unlimited (DU) is an international wetlands  conservation group founded in
   1937 to restore, enhance, and protect wetlands and their associated uplands. With a
   membership of more than half a million people, it is now the largest private sector wetlands
   and waterfowl conservation organization in the world. DU is active around the world, but
   focuses primarily on the U.S., Canada, and Mexico. DU conducts a variety of different
   programs, including restoration of drained wetlands, water  control enhancements,
   acquisitions, conservation land transfers, purchase of water rights, and a public education
   project. DU also pursues partnerships with public and private organizations.

          Private Lands Program

          DU's Private Lands Program began as an effort to protect wetlands on private lands.
   This program is designed to develop innovative, low cost mechanisms to protect private
   wetlands.  Private Lands Program staff introduce these ideas to private landowners in the
   form of demonstration projects, workshops and seminars.  The program has five major
   components:

          • Technical assistance programs
          • Demonstrations
          • Information and education programs
          • Landowner workshops
          • Habitat development projects

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      THE ROLE OF LOCAL CONSERVATION PLANNING

      District Conservationists (NRCS)
         Employees of NRCS, District Conservationists administer WRP and the other conservation provisions
         of the Farm Bill. District Conservationists have access to other NRCS technical experts at the NRCS
         area and state offices, such as engineers and soil scientists. The District Conservationist and the
         Conservation District Manager share the same office.

      Conservation District Manager
         A district employee, the Conservation District Manager is funded by the local and state government and
         often shares an office with the NRCS District Conservationist.  The Districts often have different names
         from state to state. In Pennsylvania they are called Conservation Districts and are run by Conservation
         District Managers.  In Virginia, they are Soil and Water Conservation Districts, and are run by District
         Conservationists, or Conservation Specialists  when there is not a District  Conservationists in each
         district. In Maryland they are called Conservation Districts.

         Maryland's Conservation Districts are responsible for approving soil conservation and water quality
         plans.  The plans are  required when a new agricultural activity causes a loss of wetlands (under the
         Nontidal Wetlands Act). The Districts cooperate with the Water Management Administration in
         reviewing the plans.

         Conservation District managers are usually represented by a state-level association. Maryland Soil
         Conservation District Managers have the Maryland Association of Soil Conservation Districts (MASCD);
         Pennsylvania Conservation District Managers are represented by the Pennsylvania Association of
         Conservation Districts. Virginia District Conservationists are represented by two organizations: the
         Virginia Association of Soil & Water Conservation Districts  and the Conservation District Employees
         Association, which focuses on training and communication.  There is also a national organisation called
         the National Association of Conservation Districts.

      Farm Service Agency (FSA)
         The Farm Service Agency has an office at the district level that administers the Conservation Reserve
         Program and other commodity programs of the Farm Bill. The FSA usually has a suite or set of offices
         in the same building as  the District Conservationist and Conservation District Manager.

      State Extension Agent
         Extension Agents are university-affiliated individuals who are with the educational arm of the USDA.
         They are funded by federal USDA funds, state funds, and local funds. Many have faculty appointments
         at the university affiliates. They are knowledgeable about the farm bill and provide technical expertise
         and access to university facilities.  In Pennsylvania, the  Pennsylvania State University is the university
         affiliate. Virginia has two university affiliates:  Virginia Polytechnical Institute & State University (Virginia
         Tech) and Virginia State University. Maryland's Extension Service University affiliate is the University of
         Maryland.

      County Foresters
         State Foresters are employees of state forestry agencies who  work at the county level. They are
         responsible for assisting nonindustrial, private forest landowners in forest management and managing
         state forest lands. The  State Foresters also administering the Forest Stewardship Program (FSP), the
         Stewardship Incentive Program (SIP), and other state-specific programs.  They can provide technical
         assistance and guidance in developing management plans for privately-owned forest land. County
         foresters in the Bay states help the NRCS administer the Forestry Incentives Program by providing
         technical assistance.

         The Pennsylvania Bureau of Forestry has 20 districts in the Commonwealth.  The Service Foresters in
         those districts provide assistance to private non-industrial landowners. In Maryland, the Department of
         Natural Resources'  Forest Service's employees at the county  level are called Project Foresters.  In
         addition to implementing SIP, Maryland's Project Foresters run the state's Woodland Incentive Program
         and the Buffer Incentive Program. The employees of Virginia's Department of Forestry at the local level
         are called County or Area Foresters.
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                 MARSH Program

           Ducks Unlimited also administers the MARSH Program, or the Matching Aid to
    Restore States Habitat Program. MARSH was initiated in 1985 to provide matching funds
    to public agencies and private conservation groups for projects that significantly benefit
    waterfowl and lead to the permanent protection or restoration of habitat in a North
    American Waterfowl Management Plan (NAWMP) Joint Venture Area.
           Private landowners can receive up to 50 percent cost-share assistance through
    MARSH for approved waterfowl and habitat restoration projects.  MARSH project
    proposals should be developed and submitted to the regional flyway MARSH coordinator
    of Ducks Unlimited by the agency or conservation group developing the habitat project.
    Projects that seek to achieve the objectives of the NAWMP receive priority for MARSH
    funding.

           Statewide Land Trusts

           There are over 1,100 land trusts in the United States that are responsible for
    protecting over 4 million acres.  Many of these land trusts were established with wetlands
    conservation as the guiding goal.71 A national  organization, The Nature  Conservancy
    (TNC)  also  has a particular focus on protecting the nation's dwindling natural resources,
    including wetlands.  TNC's mission is to preserve the plants and animals that represent the
    diversity of  life on earth, by protecting the lands and waters they need to survive. TNC is a
    private, national conservation organization with state chapters that work with private
    landowners, corporations, governments, and other conservation organizations, to build
    partnerships to preserve habitats vital to the most threatened species.

                 Pennsylvania

           In Pennsylvania, the Pennsylvania chapter of The Nature Conservancy (TNC)
    provides technical assistance for large-scale conservation activities in the eastern portion of
    the state.  Working with private landowners, business, governments, and other conservation
    groups, The Nature Conservancy forges partnerships to preserve habitats vital  to
    Pennsylvania's most vulnerable species and ecosystems. TNC has over 32,000  members in
    Pennsylvania and has protected more than 40,000 acres since 1951. Unaffiliated with The
    Nature  Conservancy, the Western Pennsylvania Conservancy operates mainly in the western
    portion of the state. The Western Pennsylvania Conservancy has protected thousands of
    acres of valuable wildlife habitat. It currently owns or manages  23,900 acres. When funding
    becomes available and land is purchased, many of these acres are transferred to state
    agencies such as the Bureau of Forestry or the Pennsylvania Game  Commission.
           In Pennsylvania, TNC and the Western Pennsylvania Conservancy have established
    a Natural Areas Registry, which is  designed to  honor and recognize the owners of
    outstanding natural areas for their commitment to the survival of the state's natural heritage.
    The Pennsylvania Registry encourages the preservation of important habitat, and  is a


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    nonbinding, nonregulatory program. The Program has won protection for over 95,000
    acres of privately owned land  in the state. To qualify for registration, a property must
    contain habitat for plants or animals that show declining populations in the state; plant
    communities characteristic of the native vegetation of the state; and/or outstanding natural
    features, such as virgin forests or wetlands.

                  Virginia

           The Virginia TNC has helped protect 206,000 acres of natural areas in Virginia.
    Much of this land was protected as the result of cooperative agreements and projects with
    other organizations and state and local governments. The Virginia TNC currently  owns and
    manages 30 major preserves totalling over 15,000 acres.
           TNC also has an Eastern Shore chapter, which protects over 45,000 acres known as
    the Virginia Coast Reserve.

                  Maryland

           The Nature Conservancy of Maryland and the District of Columbia was founded in
    1977.  It currently owns and manages 30 nature preserves encompassing more than 10,000
    acres. It has also assisted federal, state and local governments and private organizations with
    acquiring land in 46 different sites, totalling over 25,000 acres.  In total, the Maryland TNC
    has helpted to protect over 41,000 acres of natural lands throughout the state.
           The Maryland TNC has also established a long-term, ecosystem-wide conservation
    program known as Chesapeake Rivers. The program's goal is to preserve Maryland's four
    most biologically significant waterways: Sideling Hill Creek, the Nanticoke River,
    Nassawango Creek and Nanjemoy Creek.
                                       72
           Chesapeake Bay Foundation

           The Chesapeake Bay Foundation (CBF) is a nonprofit organization founded in 1966
    in response to the degradation of the Bay's resources and the simultaneous human
    population growth in the six-state Bay area. CBF works to educate residents in the Bay and
    build broad-based cooperation and coalitions.  It has developed a middle school
    environmental curriculum, called Catch of the Bay, which covers such issues as fisheries
    restoration efforts, wetlands and underwater Bay grass restoration, and stream and oyster
    reef restoration. CBF also has a number of outdoor education programs to increase
    environmental literacy, including a series of field trips for adults.  CBF's Bay Watcher
    program gives CBF members an opportunity to make a difference in protecting the Bay
    through activities in four areas:  outdoor projects, advocacy,  educational outreach, and
    office work.  One  of CBF's goals is to increase the amount of wetlands in the Bay watershed
    by 125,000 acres by 2005.
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          Chesapeake Wildlife Heritage

          Chesapeake Wildlife Heritage (CWH), is a private, nonprofit wildlife conservation
    organization established in 1980 to create, restore, and protect wildlife habitat that has been
    lost or altered within the Chesapeake Bay drainage area.
          CWH delivers local habitat restoration and sustainable agriculture programs which
    create shallow marshes in farm fields and control what runs off those fields into the
    Chesapeake Bay. CWH biologists design and implement habitat plans that improve the
    environmental health of the land. The site-management programs are based on sound
    research and established land-use methods which include construction and management of
    wetlands, construction and placement of nesting structures, management of marshes and
    woodlands, advice on sustainable farming, and building hedgerows and buffer strips. CWH
    also works with landowners to procure funding from a variety of sources for restoration
    efforts.

          Youth Corps in the Chesapeake Bay

          Youth corps are programs that provide full-time, paid training, education, and
    community service opportunities for youth and young adults ages 16-25.  The programs are
    funded by state and local appropriations; earned income from sponsored work agreements
    with federal, state, and local agencies; federal job training, community development,
    environmental protection, and national service funds; and private donations. The National
    Association of Service & Conservation Corps (NASCC) in Washington, D.C., is the
    national membership organization for the 120 state and local youth service and conservation
    corps programs in 37 states.  There are at least eight youth corps operating in the
    Chesapeake Bay region.
          Youth corps in the Chesapeake Bay region carry out short- and long-term projects
    for local governments, cities, counties, and states, and nonprofit organizations under trained
    adult supervision. For example, under its "Stream Restoration Training Program," NASCC
    is conducting a series of regional workshops in 1997-98 to train Youth Corps staff and
    partners in the design, tools, techniques, and applications of nonstructural restoration of
    urban streams.  Chesapeake Bay Youth Corps are an excellent source of technical assistance
    and labor for local governments interested in  conducting natural resource restoration
    projects on public lands, such as county and city parks.
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                                     Chapter Four:
                                           #
             Federal and State Research  and Educational
                                    Information

    FEDERAL AGENCY RESEARCH AND INFORMATION

           U.S. Environmental Protection Agency

                  Office of Research and Development

           EPA conducts wetlands-related research to improve the scientific basis for wetland
    decision-making and policy formulation. The wetlands  research program is under the
    direction of the Office of Research and Development, EPA Headquarters, Washington,
    D.C. The wetlands research  program manager is located at the Corvallis Laboratory,
    Corvallis, Oregon, and research is primarily conducted at Corvallis and Duluth, Minnesota
    laboratories.
                                    .73
                 Chesapeake Bay Program

           The Chesapeake Bay Program is a unique regional partnership leading and directing
    protection and restoration of the Chesapeake Bay since 1983. The Chesapeake Bay
    Program partners include the states of Maryland, Pennsylvania, and Virginia; the District of
    Columbia; the Chesapeake Bay Commission, a tri-state legislative body; the U.S.
    Environmental Protection Agency (EPA), which represents the federal government; and
    participating citizen advisory groups.
           In the 1987 Chesapeake Bay Agreement, the Chesapeake Bay Program partners set a
    goal to  reduce the input of nutrients — nitrogen and phosphorous — entering the Bay by 40
    percent by the year 2000.  In the 1992 Amendments to the Chesapeake Bay Agreement, the
    partners agreed to maintain the 40  percent goal beyond the year 2000 and to attack
    nutrients at the source — upstream in the tributaries that feed into the Bay.  The Chesapeake
    Executive Council, comprised of the governors of Maryland, Pennsylvania, and Virginia; the
    mayor of the District of Columbia; the EPA administrator; and the chair of the Chesapeake
    Bay Commission, guided the restoration effort in 1993 with five directives addressing key
    ares of the restoration.  These directives included tributaries, toxics, underwater Bay grasses,
    fish passages, and agricultural nonpoint source pollution. In 1994, the partners outlined
    new initiatives for habitat restoration of aquatic, riparian, and upland environments; nutrient
    reduction in the Bay's tributaries; and toxics  reductions, with an emphasis on pollution
    prevention.
           The 1995 l^ocal Government Partnership Initiative engages the watershed's 1,650 local
    governments in the Bay restoration effort. The Chesapeake Executive Council followed

Chapter Four: Federal and State Research and Educational Information             5 7

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    this in 1996 by adopting the Local Government Participation Action Plan and the Priorities for
    Action for i^and, Growth and Stewardship in the Chesapeake Bay Region, which addresses land use
    management, development, stream comdor protection, and infrastructure improvements.
    The 1996 Adoption Statement on Riparian Forest Buffers furthers the Bay Program's
    commitment to improve water quality and enhance habitat with the goal of increasing
    riparian buffers on 2,010 miles of streams and shorelines in the watershed by the year 2010.
          EPA, through the Chesapeake Bay Program Office, provides leadership,
    administrative, technical, financial, and informational support to a network of regional
    committees, subcommittees, and work groups that runs the Bay Program.
          The Chesapeake Bay Program involves all levels of government, the private sector,
    scientists, landowners, and citizens.  In the Bay region, these interests are coupled with three
    governors, 40 members of Congress, hundreds of state legislators and local elected officials,
    20 federal agencies, 4 interstate agencies, and many citizen groups that play a role in the
    restoration effort.  The  formal Bay Program has established more than 50 subcommittees
    and work groups to ensure that all of the interests are represented and that the goals of the
    Program are ultimately achieved. The Living Resources Subcommittee is the group with the
    primary responsibility for wetlands and riparian areas. Within the Subcommittee, the
    Wetlands Workgroup guides the Program's wetlands-related activities.
          In 1988, the Program adopted the Chesapeake Bay Wetlands Policy, which established
    an immediate goal of no net loss of wetlands, and a long-term goal of a net resource gain
    for tidal and nontidal wetlands.  The Wetlands Protection and Restoration Goals Directive, adopted
    in 1997, commits the Program to the development of strategies to achieve the protection
    and restoration of the wetlands resource and the establishment of a quantifiable wetland
    restoration and preservation goal. In addition, the Bay Program is currently developing the
    Wetlands Initiative, designed to provide local governments and watershed associations with
    a framework for identifying functions associated with wetland types.  The framework will
    provide communities with a tool that allows for for the consideration of wetlands and their
    functions in the planning process.
          The importance of local government participation has always been a focal point of
    the Bay Program. In 1995, a Local'Government Partnership Initiative was developed to more
    actively engage local governments in the  efforts to protect and restore the Chesapeake Bay.
    This Initiative has two main objectives:  1) to establish a stronger working relationship and
    improve coordination with  local governments to broaden the Bay Program's understanding
    of local perspectives concerning the watershed's protection and restoration; and 2) to
    identify local government needs and the  technical, programmatic, and financial resources
    available  to them.
          In October 1996, the Local Government Participation Action Plan was released. The plan
    establishes a strategy to  broaden the role of local governments in the Chesapeake Bay
    Program, provide local governments with additional assistance, and help coordinate local
    groups with achieving their water quality and wildlife goals.
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                  Wetlands Information Hotline
                  Wetlands Division, Office of Wetlands, Oceans and Watersheds

           The U.S. EPA runs a toll-free hotline to provide private land owners, local
    governments, educators, state agencies, attorneys and consultants with up-to-date
    information on wetland laws, regulations, internal agency documents affecting the
    administration of wetlands protection, and educational material.  The Hotline is an excellent
    source of information and will provide contacts and references for further information. It
    will also provide educational literature and agency publications free of charge.  The Hotline
    can be reached at (800) 832-7828.

           U.S. Army Corps of Engineers

           The U.S. Army Corps of Engineers conducts wetlands research to improve existing
    wetlands, reduce wetlands loss and impacts, and provide better environmental accountability
    in water resource projects. The Corps' wetlands-related research is primarily conducted at
    its Waterways Experiment Station in Vicksburg, Mississippi. In 1991, the Corps established
    the Wetlands Research and Technology Center (WRTC) in at the Waterways Experiment
    Station in Vicksburg. The WRTC was established to consolidate administrative, technical,
    and research skills.
           The Corps' Institute for Water Resources (IWR) is part of the Water Resources
    Support Center at Ft. Belvoir, Virginia. IWR was created in 1969 to analyze and anticipate
    changing water resources management conditions and to develop improved planning
    methodologies to address economic, social, institutional and environmental needs in water
    resources planning and policy.  IWR publishes reports, technical papers, bulletins,
    newsletters, and hold conferences, seminars, and training courses. Recent wetlands-related
    publications include IWR's National Wetlands Mitigation Banking Study. The studies
    include Wetland Mitigation Ranking, Commercial Wetlands Mitigation Credit Markets: Theory and
    Practice, and An Examination of Wetlands Programs: Opportunities for Compensatory Mitigation^

           U.S. Department of Agriculture

           The U.S. Department of Agriculture (USDA) has a number of research departments
    that work on wetlands issues. The Economic Research Service conducts research related to
    the many wetlands-related programs  USDA administers.  In addition, the USDA conducts
    wetlands research through its Agricultural Research Service and  the Cooperative State
    Research, Education, and Extension  Service. Many of the land grant colleges and
    universities across the U.S. are conducting active wetlands research programs.

                  Wetlands Science Institute

           The U.S. Department of Agriculture's Natural Resources Conservation Service
    (NRCS) established the Wetlands Science Institute, which is housed and served by the

Chapter Four: Federal and State Research and Educational Information             5 9

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   Patuxent Wildlife Research Center in Laurel, Maryland, to develop, adapt, and disseminate
   the science and technology needed to protect and restore wetlands. The Institute works
   with NRCS to develop, interpret, and apply wetland science by developing applied scientific
   techniques for wetland conservation needs; providing technical consultation to NRCS and
   others to resolve problem areas in the field; developing and disseminating NRCS technical
   guidance documents; serving as NRCS technical liaison with government and university
   research and technology centers to ensure the coordination and cooperative development
   and dissemination of emerging wetland science information; and serving as  resident
   technical experts and develop specialized training in wetland science.

                 Cooperative State Research, 'Education, & Extension Service (Extension Service)

          The Extension Service is affiliated with land grant institutions in every state and
   territory, with over 3,000 county offices.  The Service serves as the educational arm of
   USDA and provides research-based educational information on all Farm Bill programs.

                 National ^sources Inventory (NRI)

          The National Resources Inventory (NRI) is an inventory of land cover and use, soil
   erosion, prime farmland, wetlands, and other natural resource characteristics on nonfederal
   rural land in the United States. The NRI provides a record of the nation's conservation
   accomplishments and future program needs.
          Inventories are conducted at 5-year intervals by the USDA's NRCS  to determine the
   conditions and trends in the use of soil, water, and related resources nationwide and
   statewide.  NRI data includes some 800,000 sample sites on nonfederal land. At each
   sample point, information is available for three years:  1982, 1987, and 1992. From this time
   series, changes and trends in land use and resource characteristics over time can be
   estimated and analyzed.  Data on wetlands includes the classification of wetlands and
   deep-water habitats in the U.S. for 1982 and 1992. Data elements added in  1992 include:
   information on streams greater than 1/8 mile wide and water bodies by kind and size
   greater than 40 acres; Conservation Reserve Program land under contract and the type of
   earth cover; wildlife habitat diversity; and Food Security Act (FSA) wetland  classification.
          The purpose of the NRI is to provide information that can be used to effectively
   formulate policy and develop natural resource conservation programs at the national or
   state level. The data are used in national, state, and local planning, university research, and
   private sector analysis. The data help shape major environmental and land-use decisions and
   help form the basis for farm, conservation, and natural resource legislation at the state and
   national levels.  USDA uses NRI  data in its Soil and Water Resources Conservation Act
   analyses to assess current and future impacts of agricultural conservation programs and to
   help direct its national conservation program. NRI data can be used by local governments
   in making land use and conservation decisions.
          The NRI database is available to the public on four CD-ROMs (ISO 9660 format) at
   $50 per disk.  Each disk contains  data for a collection of states that form a contiguous


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    region. Disk # 4 includes information for the Northeast, including Delaware, Maryland,
    New York, Pennsylvania, Virginia, and West Virginia.  Data may also be downloaded on a
    state-by-state basis. NRCS has also developed NRI Data Analysis Software that helps users
    query and generate reports and maps. It is easy to use, graphical, and Windows-oriented.
    Users make selections from menus to create reports and maps. Prior knowledge of the
    database management system, the computer operating system, or the geographic
    information system is not needed to create these products.  NRI data and Data Analysis
    Software  may be ordered from NRCS's National Cartography and Geospatial Center in
    Texas, or directly from the NRI web page on the Internet.  For more information about
    data collection methods and results for  specific states or regions, contact your USDA
    Natural Resources Conservation Service state office.

           U.S. Fish  & Wildlife Service

                 National Wetlands Inventory (NWI)1S

           The Fish and Wildlife Service's National Wetlands Inventory  (NWI) is the leading
    federal program with responsibility for mapping the nation's wetlands.  The NWI provides
    information on the status, conditions, and trends  of nonfederally owned wetlands.
           The National Wetlands Inventory plans, directs, coordinates,  and monitors the
    gathering, analysis, dissemination, and evaluation of information relating to the location,
    quantity, and ecological importance of United States wetlands. NWI  data is available on the
    Internet, or can  be obtained as hard copies. NWI maps  can be used  by wetlands regulators,
    the public, and environmental consultants for preliminary site assessments.  NWI maps can
    also be used for watershed planning, environmental impact assessment  reports, preliminary
    site evaluation for  development and transportation, potential wetlands restoration site
    identification, wildlife surveys, and land  appraisals. In  fact, several states use NWI maps to
    help assess property taxes.
           Federal wetland delineation manuals suggest using the maps as a reference, but NWI
    maps cannot replace field delineations.  The maps include nonregulated wetlands and were
    never intended to show the limits of regulated wetlands.  NWI mapping procedures were
    designed to identify all types of wetlands without regard to their jurisdictional status.
          The NWI data available on the Internet is in vector format, not images.  Geographic
    Information System (GIS) software is need to process the data into a viewable form.
    Additional information on how to do this is available at NWI's web page. The data files for
    a specific  quad are  stored in a directory named by the 1:250,000 scale  map unit in which the
    quad is located.  For example, the Chesapeake Channel quad, which covers the
    Williamsburg, Virginia area, is 1:24,000 map. The  U.S. Geological Survey's (USGS) web site
    includes information on the FWS map name, USGS map name, photo  scale, photo date,
    emulsion, base map, base date, NWI type, map reference code, geounit, NWI status, and
    information on whether it is digitized or not.
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                 General Educational Information

          The U.S. Fish and Wildlife Service's Publications Unit has a wide variety of
   brochures, posters, and other information free of charge.  The Service's "Educator's"
   Internet page includes a list of publications, guides, and general information geared toward
   educators in search of additional information on wetlands.

          U.S. Geological Survey

                 U.S. Geological Survey's Chesapeake Bay Ecosystem Program

          U.S. Geological Survey's (USGS) Chesapeake Bay Ecosystem Program is one of
   several study areas within the USGS Ecosystem Program.  The Ecosystem Program  was
   established to enable the USGS to enhance its scientific assistance to resource managers
   who require an improved scientific information base to resolve or prevent complex
   resource conflicts or environmental problems in specific ecosystem sites. Through three to
   five-year efforts in  each ecosystem site, USGS intensifies its provision  of scientific
   information tailored to the specific management needs of that ecosystem.  The information
   is designed to have a direct, significant, and immediate impact on management and policy
   decisions.  It addresses regional or subregional issues that involve environmental resources
   such as water, minerals, and land. The sites may have as their focus such issues as water
   quality or water supply, environmental effects of mineral or energy use or extraction, or
   effects of alterations in land use or land cover.
          The Chesapeake Bay was added in 1996. The program is multidisciplinary and
   brings together scientists from appropriate disciplines to apply their diverse expertise to
   common problems. Activities under the  Chesapeake Bay  Ecosystem Program have  been
   grouped into the broad categories of cartographic and other data resources; nutrient and
   sediment inputs from major surface water drainage areas; nutrients in groundwater
   discharge; relationships between hydrology, geology, and living resources; and ecosystem
   evolution.
          The USGS Chesapeake Bay region web site has links and information on topics
   including water, wetlands, land use, population and urban  development, atmospheric
   deposition, geology, mapping, biology, streamflow, water quality, sediment and ground
   water. For example, in the mapping section, there is an historical perspective on
   urbanization in  the Baltimore-Washington region; a section on the Opequon Creek
   Watershed that flows into  the Potomac; and monthly water conditions in the Chesapeake
   Bay region. The site includes a USGS bibliography with bibliographies on reports
   addressing biology, water, and mapping.  In the wetlands section there are abstracts  of
   papers including "Assessing the relative habitat value of restored vs. natural coastal tidal
   marshes to migratory birds in the Chesapeake Bay."  In addition, there are fact sheets on
   basic geologic and water resource information for each of the Bay states.
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                  USGS Biological Resources Division

           The USGS Biological Resources Division (BRD), formerly the National Biological
    Service (NBS), was established to work with other federal agencies to provide the scientific
    understanding and technologies needed to support the sound management and
    conservation of our nation's biological resources. NBS consolidated the biological research,
    inventory and monitoring, and information transfer programs of seven Department of
    Interior bureaus:  Fish and Wildlife Service, National Park Service, Bureau  of Land
    Management, Minerals Management Service, U.S. Geological Survey, Bureau of
    Reclamation, and Office of Surface Mining.  The Division's Southern Science Center,
    located in Lafayette, Louisiana, provides national leadership in research development related
    to protecting, restoring, and managing wetlands and other national resources.
           The Patuxent Wildlife Research Center, located in Laurel, Maryland, is a Biological
    Resources Division dedicated to studying an enormous array of issues related to the
    Chesapeake Bay. In addition, the U.S. Fish and Wildlife Service's Patuxent Research Refuge,
    the nation's first and only research refuge managed for wildlife research, habitat diversity,
    and compatible public education and recreation, has an excellent visitor's center available to
    the public with interactive displays and information for all ages on the resources in the Bay.
           Some of the areas currently under study at Patuxent Wildlife Research Center
    specific to the Bay include: evaluation of created forested wetlands in relation to migratory
    bird conservation; role of sediment ingestion in the exposure of Chesapeake Bay wildlife to
    environmental contaminants; assessing restored depressional wetlands in the mid-Atlantic
    states; assessing the relative habitat value of restored vs. natural coastal tidal marshes to
    migratory birds in Chesapeake Bay; Anacostia wetlands studies; applying a bioassessment
    and monitoring framework for public lands and trust resources along the Atlantic coast;
    field validation study of a constructed wetland system for wastewater treatment in the
    Patuxent River watershed; and assessing reconstructed depressional wetlands in the
    mid-Atlantic states.

    STATE TECHNICAL AND INFORMATION RESOURCES

           Natural Heritage Programs

           State Natural Heritage programs serve as a centralized repository of data to identify
    each state's most significant natural areas through an intensive statewide inventory.  The
    department that manages the program maintains site-specific information on documented
    occurrences of rare plant and animal species, unique or exemplary natural communities, and
    conservation sites that support state natural heritage resources.
           Virginia's Natural Heritage Program is housed within the Virginia Department of
    Conservation and Recreation. Maryland's heritage data is housed within the Heritage and
    Biodiversity Conservation Programs of the Maryland Department of Natural Resources.
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    Pennsylvania's Natural Heritage Program is managed by the Pennsylvania Department of
    Conservation and Natural Resources' Bureau of Forestry.
      Sources of Federal and State Research and Educational Information

      Federal Sources
      U.S. Environmental Protection Agency
             Office of Research and Development
             Chesapeake Bay Program Office
             Wetlands Information Hotiine

      U.S. Army Corps of Engineers
             Wetlands Research and Technology Center
             Institute for Water Resources

      U.S. Department of Agriculture
             Wetlands Science Institute
             Cooperative State Research, Education, and Extension Service
             Natural Resources Inventory
             Natural Resources Conservation Foundation

      U.S. Fish and Wildlife Service
             National Wetlands Inventory

      U.S. Geological Survey
             Chesapeake Bay Ecosystem Program
             Biological Resources Division

      State Sources
      Maryland
             Maryland Department of Natural Resources
                     Heritage and Biodiversity Conservation Programs (Natural Heritage Program)
             Maryland Department of the Environment

      Pennsylvania
             Pennsylvania Department of Conservation and Natural Resources
                     Bureau of Forestry (Natural Heritage Program)
             Pennsylvania Center for Environmental Education
             Pennsylvania Department of Environmental Protection

      Virgnia
             Virginia Department of Conservation and Recreation
                     Natural Heritage Program
             Virginia Institute of Marine Science
                     Center for Coastal Inventory
             Chesapeake Bay Local Assistance Department

      District of Columbia
             Water Resources Management Division, Fisheries Management Branch
                     Aquatic Resources Education Program
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           Other State Informational Resources

           Pennsylvania

                  Educational Information

           In February 1997, the Pennsylvania Center for Environmental Education was
    launched.  The Center was created by an executive order of the governor and will help
    assess environmental education needs and coordinate the development of lifelong learning
    programs. The Center will work with and coordinate the education programs and needs of
    the state agencies that manage and regulate natural resources.

                  Wetlands Data:  Registry

           The Pennsylvania Department of Environmental Protection (DEP) created a
    wetland registry program to promote voluntary wetland restoration. The program
    encourages land owners to register land where  they would like wetlands to be restored or
    created on their property, with the help of the  DEP.  DEP hopes to link voluntary land
    owners with public and private agencies interested in restoring wetlands.  In the first six
    months of operation  almost 2,000 acres were registered within 47 counties  of the state.

           Maryland

                  Educational Information

           Fact sheets, brochures, and other publications are available through the Maryland
    Department of Natural Resources (DNR) and Maryland Department of the Environment
    (MDE). The publication  Wetlands of Maryland is available through MDE.

                  Wetlands Data:  Mapping & Registry

           The DNR is currently establishing a habitat enhancement site registry to be
    distributed throughout the state. The registry focuses on wetlands, streams, and riparian
    areas where restoration or enhancement activities can be implemented (including buffer
    plantings, stream stabilization, wetland restoration, etc.).  Nontidal wetlands guidance maps
    are available to the public  from MDE, DNR, all soil conservation  districts, and the planning
    and zoning offices in  each county. State tidal wetland maps are available  from the Maryland
    Geological Survey.
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          Virginia

                 Educational Information

          The Virginia Institute of Marine Science (VIMS) provides a variety of educational
   programs and publications; periodic wetlands seminars and workshops; technical reports on
   wetlands science, policy and management and a wetlands newsletter, which comes out three
   times a year.
          Virginia's Marine Resources Commission (VMRC) has developed wetlands
   guidelines, subaqueous guidelines, and shoreline development BMPs that are available to the
   public. The Chesapeake Bay Local Assistance Department (CBLAD) has published a
   guidance manual, a brochure, and other materials about the Chesapeake Bay Preservation
   Act. CBLAD also works with a variety of other agencies and organizations to provide
   training necessary for effective local Bay Act program implementation. CBLAD also
   provides technical training directly, or coordinates with other organizations, such as soil and
   water conservation districts, VIMS, or  U.S. Department of Agriculture Conservation
   Districts, to help train local governments on how to effectively implement their regulatory
   programs.

                 Wetlands Data: Mapping & Registry

          The Virginia Institute of Marine Science's (VIMS) Center for Coastal Inventory can
   provide landowners and local governments with tidal wetlands inventory maps which are
   locality specific (1:24,000). The maps characterize all wetlands that are 1/4 acre or larger by
   size and vegetative community.  VIMS also publishes shoreline reports which document
   shoreline erosion rates, natural features, land use, and ownership patterns.

          District of Columbia

                 Educational Information

          The District of Columbia's Water Resources Management Division operates an
   Aquatic Resources Education Program (AREP) through its Fisheries Management Branch.
   The AREP currently services the District's public school system.  The In-School program
   provides wetland educational presentations, activities, and literature to educators and
   students. Specific wetland areas of the Anacostia and Potomac Rivers are detailed as well as
   the importance of current and planned wetland restoration activities in the District.

                 Wetlands Data: Mapping & Registry

          The District of Columbia has developed a GIS map of wetlands in the District. The
   maps are currently used to determine where wetlands exist when  development projects are
   proposed.  Eventually the maps will be made available to the public.
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    WETLANDS EDUCATIONAL PROGRAMS

           There are many educational programs and an enormous amount of educational
    information available for school teachers, private landowners, and parents to educate both
    adults and children about the values of wetlands. Three nationwide programs in particular
    that focus on wetlands, forested wetlands, and wildlife associated to wetlands are discussed
    below. Educational information is also available to anyone, free of charge, from the U.S.
    Environmental Protection Agency Wetlands Information Hotline and the Alliance for the
    Chesapeake Bay. The Alliance is a coalition of citizens' organizations, businesses and
    governmental groups concerned about the health of the bay. The Alliance can provide
    wetlands educational materials, field trips, and information on water quality monitoring of
    the bay.
           Education and  outreach materials are available to the public through federal and
    state agency programs, but nonprofit environmental and conservation groups and
    consulting firms can also be an excellent  source of information on wetlands.  For example,
    Environmental Concern  publishes a curriculum guide for teachers of grades K through 12
    called Wowl The Wonders of Wetlands. The curriculum includes 40 classrooms and field lessons
    for students. The program is aimed at teaching children to make environmentally
    responsible decisions about wetlands, water quality, and land use.
           In the Chesapeake Bay region, each state has an education department, or an
    environmental education specialist within one of the state resource agencies, that can
    provide landowners, teachers, local governments, and citizens with a list of environmental
    education information  they have available.  For example, the Pennsylvania Department of
    Environmental Protection has a detailed  Reference Material List available on environmental
    education information. The Department can also provide the  publication Instructor's Guide to
    Water Education Activities, a guide prepared by the Water Conservation/Technical Assistance
    staff to enhance student perception of the importance of water resources and wetlands.
    The guide contains lesson concepts and associated activities for students in grades K-9.
    Maryland's Chesapeake Conservation Education program, within the Department of
    Natural Resources, can provide factsheets and  other information on wetlands. The
    program will direct you to the appropriate person within other state agencies to answer
    information requests.

           Project Learning Tree

           The Western Regional Environmental Education Council (WREEC) and the
    American Forest Institute developed Project Learning Tree (PLT). PLT is an
    award-winning, inter-disciplinary environmental education program that uses the forest as a
    "window on the world" to increase students' understanding of our complex environment
    and related issues.  Project Learning Tree is available in all three of the Bay states and the
    District of Columbia.
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          Project WILD

          WREEC also developed Project WILD which became available in 1983. Through a
    national network of state coordinators and facilitators, Project WILD has provided
    workshops and materials (Project WILD K-12 Activity Guide and Project WILD Aquatic
    Education Activity Guide) focusing on hands-on, activity-based, environmental education
    on wildlife to over 550,000 educators. The program emphasizes wildlife because of its
    intrinsic and ecological values, as well as its importance as a basis for teaching how
    ecosystems function.  In the face of competing needs and pressures affecting the quality and
    sustainability of life on earth, Project WILD addresses the need for human beings to
    develop as responsible citizens of our planet.  In 1987, the Project WILD Aquatic
    Education Activity Guide officially became available. By 1991, all 50 states sponsored
    Project WILD along with six national and five international sponsors.

          Project WET

          WREEC and The Watercourse (formerly Western Watercourse)  developed Project
    WET (Water Education for Teachers) to facilitate and promote the awareness,  appreciation,
    knowledge, and stewardship of water resources through the development and dissemination
    of classroom teaching aids and through the establishment of state and internationally
    sponsored Project WET programs.  Project WET is active in  all 50 states and the District of
    Columbia. The Project WET Curriculum and Activity Guide, a collection of broad-based water
    resource activities, is available to classroom teachers, resource managers, park rangers,
    museum educators and others who attend training workshops provided by Project WET
    Coordinators.  The Watercourse also publishes a quarterly newsletter, WET net News letter.
          Each state has a group of facilitators that conduct educator workshops  for teachers
    for Project Learning Tree, Project WILD, and Project WET.  Manuals and activities guides
    are provided at the workshops.
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Appendix I:
    #
Acronyms

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                                   Acronyms
 BIP:
 BMP:
 BRD:
 CBF:
 CBLAD:
 Corps:
 CRP:
 CWH:
 CZARA:
 CZMA:
 CZMP:
 DCR:
 DEP:
 DEQ:
 DNR:
 DU:
 EA:
 EIS:
 EPA:
 EQIP:
 ESA:
 EWP:
 FAIRA:
 FEMA:
 FIP:
 FONSI:
 FSA:
 FSP:
 FWS:
 CIS:
 ISTEA:
 IWR:
 LRP:
 LWCF:
 MARSH:
 MASCD:
 MBCC:
 MEMO:
 MDE:
 NAWCA:
 NAWMP:
 NEPA:
 NFIP:
 NHS:
 NOAA:
 NRCS:
 NMFS:
 Buffer Incentive Program
 Best Management Practices
 Biological Resources Division
 Chesapeake Bay Foundation
 Chesapeake Bay Local Assistance Department
 U.S. Army Corps of Engineers
 Conservation Reserve Program
 Chesapeake Wildlife Heritage
 Coastal Zone Act Reauthorization Amendments
 Coastal Zone Management Act
 Coastal Zone Management Program
 Virginia Department of Conservation and Recreation
 Pennsylvania Department of Environmental Protection
 Virginia Department of Environmental Quality
 Maryland Department of Natural Resources
 Ducks Unlimited
 Environmental Assessment
 Environmental Impact  Statement
 U.S. Environmental Protection Agency
 Environmental Quality  Incentives Program
 Endangered Species Act
 Emergency Watershed Protection
 Federal Agriculture Improvement and Reform Act
 Federal Emergency Management Agency
 Forestry Incentives Program
 Finding of No Significant Impact
 Farm Service Agency
 Forest Stewardship Program
 U.S. Fish and Wildlife Service
 Geographic Information System
 Intermodal Surface Transportation Efficiency Act
 Institute for Water Resources
 Long Range Plan
 Land and Water Conservation Fund
 Matching Aid to Restore States Habitat Program
 Maryland Association of Soil Conservation Districts
 Migratory Bird Conservation Commission
 Office Migratory Bird Management
 Maryland Department of the Environment
 North American Wetland Conservation Act
North American Waterfowl Management Plan
National Environmental Policy Act
National Flood Insurance Program
National Highway System
National Oceanic and Atmospheric Administration
Natural Resources Conservation Service
National Marine Fisheries Service
Appendix I
                                                       Acronyms 1

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   NRI:        National Resources Inventory
   NWI:        National Wetlands Inventory
   NWP:       Nationwide Permit
   OCRM:     Office of Ocean and Coastal Resource Management
   PA SPGP:   Pennsylvania State Programmatic General Permit
   PIF:         Partners in Flight
   PLT:        Project Learning Tree
   SCORP:     Statewide Comprehensive Outdoor Recreation Plan
   SIP:         Stewardship Incentive Program
   SPGP:       Statewide Programmatic General Permit
   STP:        Surface Transportation Program
   TARSA:     Technical and Regulatory Services Administration
   TIPs:        Transportation Improvement Programs
   TNC:        The Nature Conservancy
   USDA:      U.S. Department of Agriculture
   USGS:       U.S. Geological Survey
   VDOF:      Virginia Department of Forestry
   VIMS:       Virginia Institute of Marine Science
   VWP:        Virginia Water Protection permit
   WET:        Water Education for Teachers
   WHIP:      Wildlife Habitat Incentives Program
   WIP:        Woodland Incentives Program
   WREEC:    Western Regional Environmental Education Council
   WRP:        Wetlands Reserve Program
   WRTC:      Wetlands Research and Technology Center
Acronyms 2
Appendix I

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Appendix II
    *
 Contacts

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     State and District Contacts

     District of Columbia

     B.C. Department of Recreation and Parks
     3149 16th Street, NW
     Washington, DC 20010
     PH: (202) 673-7692

     Environmental Health Administration
     Water Resources Management Division
     2100 Martin L. King Avenue, SE
     Washington D.C.  20020
     PH:  (202) 645-6601 X3040

     Maryland

     Conservation District Manager
     Maryland Association of Soil Conservation
     Districts
     53 Slama Road
     Edgewater, MD 21037
     PH:  (410) 956-5771

     Extension Service
     Associate Director for Extension
     University of Maryland
     College of Agriculture & Natural Resources
     1200 Symons Hall
     College Park, MD  20742
     PH: (301)405-2906

     Farm Service Agency
     Maryland State Farm Service Agency Office
     Rivers Center
     8335 Guilford Road, Suite E
     Columbia, MD  21046
     PH: (410)381-4550
     http://wwwaix.fsa.usda.gov/states/md.htm

     Maryland Agricultural Land Preservation
     Foundation
     Maryland Department of Agriculture
     40 Harry S. Truman Parkway
     Annapolis, MD  21401
     PH: (410)  841-5860

     Maryland Department of the Environment
     Technical and Regulatory Services Administration
     2500 Broening Highway
     Baltimore, MD 21224
     PH:  (410) 631-3902

     Water Management Administration
     2500 Broening Highway
     Baltimore, MD  21224
     PH:  (410) 631-3574
     http://www.mde.state.md.us
 Water Management Administration
 Nontidal Wetlands and Waterways Division
 2500 Broening Highway
 Baltimore, MD  21224
 PH:  (410) 631-8094

 Water Management Administration
 NonTidal Wetlands and Waterways Division
 (Nonpoint Source Pollution)
 2500 Broening Highway
 Baltimore, MD 21224
 PH:  (410) 631-3000

 Water Management Administration
 Tidal Wetlands Division
 2500 Broening Highway
 Baltimore, MD  21224
 PH:  (410) 631-8075

 Maryland Department of Natural Resources
 Chesapeake and Coastal Watershed Service
 Tawes State Office Building, E-2
 580 Taylor Avenue
 Annapolis, MD  21401
 PH: (410) 260-8810

 Coastal Zone Management Division
 Tawes State Office Building, E-2
 580 Taylor Avenue
 Annapolis, MD  21401
 PH: (410)260-8735

 Education Department
 (Chesapeake Conservation Education)
 Tawes State Office Building, B-2
 580 Taylor Avenue
 Annapolis, MD  21401
 PH: (410) 974-8474

 Forest Service
 Tawes State Office Building
 580 Taylor Avenue
 Annapolis, MD  21401
 PH: (410) 974-3776
 http://www.gacc.com/dnr/forests

 Heritage and biodiversity Conservation Programs
 (Natural Heritage Program)
Tawes State Office Building, E-l
 580 Taylor Avenue
Annapolis, MD 21401
PH: (410) 974-3195
http://www.heritage.tnc.org/nhp/us/md

Maryland Greemvays Commission
Tawes State Office Building, E-2
580 Taylor Avenue
Annapolis, MD 21401
PH: (410) 260-8780
Appendix II
                             Contacts 1

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   Program Open Space
   Tawes State Office Building, E-4
   580 Taylor Avenue
   Annapolis, MD  21401
   PH: (410)974-3581

   Water Resources Administration
   (Permit Service Center)
   Tawes State Office Building, D-2
   580 Taylor Avenue
   Annapolis, MD  21401
   To request a joint Corps/Maryland permit
   application, call: 1-800-876-0200.  Completed
   Maryland applications should be returned the
   above address.

   Watershed Restoration Division
   Tawes State Office Building, E-2
   580 Taylor Avenue
   Annapolis, MD  21401
   PH: (410) 260-8810
   http://www.gacc.com/dnr

   Wild Acres Program
   State Office Building
   580 Taylor Avenue, E-l
   Annapolis, VA 21401
   PH:  (410) 974-3195
   http://www.gacc.omm/dnr/

   Maryland Geological Survey
   2300 St. Paul Street
   Baltimore, MD  21218
   PH:  (410) 554-5505

   Maryland Office of Planning
   301 West Preston Street
   Room 1101
   Baltimore, MD  21201
   PH:  (410)225-4500
   http://www.mop.md.gov

   Maryland State Board of Public Works
   Wedands Administration
   Louis L. Goldstein Treasury Building, Room 209
   Annapolis, MD 21401
   PH:  (410) 974-2664

   State Conservationist
   USDA-National Resources Conservation Service
   (NRCS)
   339 Busch's Frontage Road, Suite 301
   Annapolis, MD 21401
   PH:  (410) 757-0861
Transportation
Environmental Programs
Maryland Department of Transportation
707 North Calvert Street
Baltimore, MD 21202
PH:  (410) 545-8610

Pennsylvania

Coastal Zone Management
Bureau of Land and Water Conservation
P.O. Box 8555
Harnsburg, PA 17105-8555
PH:  (717) 787-2529

Conservation District Manager
Pennsylvania Association of Conservation
Districts
225 Pine Street
Harrisburg, PA 17101
PH:  (717)236-1006

Education Department
Pennsylvania Department of Education
333 Market Street, 8th Floor
Harnsburg, PA  17126
PH:  (717) 783-6994

Extension Service
Penn State University
11 IB Ferguson
University Park, PA 16802
PH:  (814) 863-8442

Farm Service Agency
Pennsylvania State Farm Service Agency Office
Suite 320
One Credit Union Place
Harnsburg, PA  17110-2994
PH: (717) 782-4547
http://wwwaix.fsa.usda.gov/states/pa.htm

Pennsylvania Center for Environmental
Education
Internet Web Site
http://www.pcee.state.pa.us

Pennsylvania Department of Conservation &
Natural Resources
Bureau of Forestry
P.O. Box 8552
Harrisburg, PA 17105-8552
PH: (717)787-2703

Bureau of Forestry
(Natural Heritage Program)
P.O. Box 8552
Harnsburg, PA 17105-8552
PH: (717) 783-0388
Contacts 2
                             Appendix II

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    Bureau of Recreation and Conservation
    (Keystone Recreation, Park, and Conservation
    Fund)
    Room 555, Forum Building
    Harrisburg, PA  17120
    PH: (717) 787-7672

    Pennsylvania Department of Environmental
    Protection
    Division of Watershed Support
    (Nonpoint Source Pollution)
    P.O. Box 8555
    Harrisburg, PA 17105
    PH: (717) 787-5259

    Division ofWatenvays, Wetlands and Erosion Control
    (Central Office)
    P.O. Box 8554
    Harrisburg, PA 17101-8554
    PH: (717) 787-6827
    http://www.dep.state.pa.us

    Permit applications for Pennsylvania can be
    requested from and returned to the appropriate
    Regional office of the Pennsylvania Department
    of Environmental Protection.

    Ljocal Government Outreach Staff
    Pennsylvania Department of Environmental
    Protection
    Director of Local Government Relations
    16th Floor - Rachel Carson State Office Building
    P.O. Box 2063
    Harrisburg, PA  17105-2063
    PH: (717) 787-9580

    Pennsylvania Department of Environmental
    Protection Regional Offices:
    Northcentral Regional Office
    (Bradford, Cameron, Clearfield, Centre, Clinton,
    Columbia, Lycoming, Montour,
    Northumberland, Potter, Snyder, Sullivan, Tioga
    and Union counties)
    Pennsylvania Department of Environmental
    Protection
    208 W. Third Street, Suite 101
    Williamsport, PA 17701
    General:  (717)327-3636
    Wetlands: (717)327-3669
    Local Gov't Liaison:  (717) 327-3763
Northeast Regional Office
(Carbon, Lackawanna, Lehigh, Luzeme, Monroe,
Northampton, Pike, Schuylkill, Susquehanna,
Wayne and Wyoming counties)
Pennsylvania Department of Environmental
Protection
2 Public Square
Wilkes-Barre, PA  18711-0790
General: (717) 826-2511
Wetlands: (717) 826-2553
Local Gov't Liaison: (717)826-2511

Northwest Regional Office
(Butler, Clarion, Crawford, Elk, Erie, Forest,
Jefferson, Lawrence, McKean, Mercer. Venago
and Warren counties)
Pennsylvania Department of Environmental
Protection
230 Chestnut Street
Meadville, PA 16335-3481
General:  (814)332-6945
Wetlands: (814) 332-6942
Local Gov't Liaison: (814) 332-616

Southcentral Regional Office
(Adams, Bedford,  Berks, Blair, Cumberland,
Dauphin, Franklin, Fulton, Huntington, Juniata,
Lancaster, Lebanon, Mifflin, Perry and York
counties)
Pennsylvania Department of Environmental
Protection
One Ararat Blvd.
Harrisburg, PA 17110
General:  (717)540-5012
Wetlands: (717) 657-4590
Local Gov't Liaison: (717) 332-6816

Southeast Regional Office
(Bucks, Chester, Delaware, Montgomery and
Philadelphia counties)
Pennsylvania Department of Environmental
Protection
Lee Park, Suite 6010
555 North Lane
Conshohocken, PA  19428
General:  (610) 832-6012
Wetlands: (610) 832-6131
Local Gov't Liaison: (610) 832-6023
Appendix II
                              Contacts 3

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   Southwest Regional Office
   (Allegheny, Armstrong, Beaver, Cambria, Fayette,
   Greene, Indiana, Somerset, Washington and
   Westmoreland counties)
   Pennsylvania Department of Environmental
   Protection
   400 Waterfront Drive
   Pittsburgh, PA  15222-4745
   General: (410) 422-4000
   Wetlands: (412) 442-4000
   Local Gov't Liaison: (412) 422-4028

   State Conservationist
   USDA-National Resources Conservation Service
   1 Credit Union Place, Suite 340
   Harrisburg, PA  17110-2993
   PH:  (717) 782-2202

   Transportation
   Commonwealth of Pennsylvania
   Department of Transportation
   Transportation and Safety Building
   Harrisburg, PA  17120
   PH:  (717)787-0485

   Virginia

   Chesapeake Bay Local Assistance
   Department, see  Virginia Chesapeake Bay Local
   Assistance Department

   Conservation District Manager
   Virginia Association of Soil & Water
   Conservation Districts
   7293 Hanover Green Drive Suite B-101
   Mechanicsville, VA  23111
   PH:  (804)559-0324

   Virginia Association of Conservation District
   Employees
   P.O. Box 6097
   Virginia Beach, VA  23456
   PH: (757)427-4775

   Education Department
   Virginia Department of Environmental Quality
   629  East Main Street, Suite 900
   Richmond, VA 23219
   PH: (804) 698-4442

   Extension Service
   Director of Extension
   Virginia State University
   Box 9081
   Petersburg, VA 23806
   PH: (804) 524-5961
Director of Extension
Virginia Polytechnical Institute & State University
Box 0402
Blacksburg, VA 24061-0402
PH: (540)231-9892
http://www.ext.vt.edu

Farm Service Agency
Virginia State Farm Service Agency Office
1606 Santa Rosa Road
Culpepper Building, Suite 138
Richmond, VA  23229
PH: (804)287-1500
http://wwwaix.fsa.usda.gov/states/va.htm

State Conservationist
USDA-National Resources Conservation Service
1606 Santa Rosa Road, Suite 209
Richmond, VA  23229
PH: (804)287-1691

Transportation
Aquatic Ecology Program Manager
Water Quality Division
Virginia Department of Transportation
1401 E. Broad Street
Richmond, VA  23219
PH: (804) 786-4304

Virginia Chesapeake Bay Local Assistance
Department
805 East Broad Street, Suite 701
Richmond, VA  23219-1924
PH: (804) 225-3440 or (800) CHESBAY
http://www.state.va.us/cblad/homepg.htm

Virginia Department of Conservation and
Recreation
Internet Web Site
http://www.state.va.us/~dcr/dcr_home.htm

Division of Natural Heritage
(Natural Heritage Program)
1500 East Main Street, Suite 312
Richmond, VA 23219
PH: (804) 786-7951
http://www.state.va.us/~dcr/vaher.html

Division of Soil and Water Conservation
203 Government Street, Suite 206
Richmond, VA  23219
PH: (804) 371-7487

Division of Soil and Water Conservation
(Coastal Nonpoint Source Pollution Control
Program)
203 Governor Street, Suite 206
Richmond, VA 23219
PH: (804) 786-7119
Contacts 4
                             Appendix II

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     Planning and Recreation
     203 Governor Street, Suite 326
     Richmond, VA 23219
     PH: (804) 786-9042

     Virginia Department of Environmental
     Quality
     Coastal Zone Management
     Coastal Program Manager
     P.O. Box 10009
     Richmond, VA 23240
     PH: (804)698-4323

     Water Division
     P.O. Box 1009
     Richmond, VA  23240
     PH: (804)698-4000
     http://www.deq.state.va.us

     Virginia Department  of Forestry
     P.O. Box  3758
     Charlottesville, VA  22903-0758
     PH: (804) 977-1375
     http://www.state.va.us/~dof/dof.htm

     Virginia Department  of Game and Inland
     Fisheries
     4010 West Broad Street
     Richmond, VA  23230
     PH: (804)367-1000
     http://www.state.va.us/~dgif/index.htm

     Virginia Institute of Marine Science
     The College of William and Mary
     P.O. Box 1346
     Gloucester Point, VA   23062
     PH: (804) 642-7000
     http://www.vims.edu

     Virginia Marine Resources Commission
     Habitat Management Division
     P.O. Box 756
     2600 Washington Avenue
     Newport News, VA 23607-0756
     PH: (757) 247-2200
     http://www.state.va.us/mrc/homepage.htm

    Virginia Secretary of Natural Resources
     P.O. Box 1475
    Richmond, VA 23212
    PH: (804) 786-0044
    http://www.state.va.us/~snr/index.htm
 Federal Contacts

 Army Corps of Engineers, U.S.
 Internet
 http://www.usace.army.mil
 Chesapeake Bay:
 http://www.nab.usace.army.mil/environmental/
 cbay.htm

 ~Local Government Support in the Chesapeake Bay
 Baltimore District
 U.S. Army Corps of Engineers
 Chesapeake Bay Liaison
 P.O. Box 1715
 Baltimore, MD  21203-1715
 PH: (410) 962-2910

 Regulatory Issues in the Chesapeake Bay
 Baltimore District
 U.S. Army Corps of Engineers
 Chesapeake  Bay Liaison
 P.O. Box 1715
 Baltimore, MD  21203-1715
 PH: (410) 962-3671

 Norfolk District
 U.S. Army Corps of Engineers
 803 Front Street
 Norfolk, VA 23510-1096
 PH: (757)441-7652

 Institute For Water Resources
 Water Resources Support Center
 U.S. Army Corps of Engineers
 Casey Building
 7701 Telegraph  Road
 Alexandria, VA  22315-3868
 PH: (703)428-8252

 Environmental Protection Agency, U.S.
 Internet Web Site
 http://www.epa.gov/ow

 Headquarters
 U.S. Environmental Protection Agency
 Wetlands Division (4502F)
 401 M Street, NW
 Washington, D.C.   20460
 PH: (202)260-2090

 Chesapeake Bay Program Office
 U.S. Environmental Protection Agency
 Chesapeake Bay Program Office
 410 Severn Avenue, Suite 109
Annapolis, MD 21403
PH: (410)267-5700
 FAX: (410) 267-5777
Appendix II
                             Contacts 5

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   Region III Office
   U.S. Environmental Protection Agency
   Region III Office
   841 Chestnut Building
   Philadelphia, PA 19107
   PH: (215) 566-5000
   FAX: (215) 566-5103

   U.S. Environmental Protection Agency Wetlands
   Information Hotline
   1 (800) 832-7828

   Federal Emergency Management Agency
   Internet Web Site
   http://www.fema.gov
   Community Status Book
   http://www.fema.gov/csb

   Fish and Wildlife Service, U.S.
   State Private Lands Coordinators

   Maryland and Delaware
   U.S. Fish and Wildlife Service
   177 Admiral Cochrane Drive
   Annapolis, MD 21401
   PH: 410-573-4500
   FAX: 410-269-0832

   Pennsylvania
   U.S. Fish and Wildlife Service
   315 South Allan Street, Suite 322
   State College, PA 16801
   PH: 814-234-4090
   FAX: 814-234-0748

    Virginia
   U.S. Fish and Wildlife Service
   Mid-County Center, U.S. Rte 17, POB 480
   White Marsh, VA  23183
   PH: 804-693-6694
   FAX: 804-693-9032

   U.S. Fish and Wildlife Service
   Ecological Services
   P.O. Box 480
   White Marsh, VA  23183
   PH: (804) 693-6694

    West Virginia
   U.S. Fish and Wildlife Service
   Route 250 South, POB 1278
   Elkins Shopping Plaza
   Elkins, WV 26241
   PH: 304-636-6586
   FAX: 304-636-7824

   Educator's Internet Web Site
   http://www.nwi.fws.gov/edu.html
U.S. Fish & Wildlife Internet Web Site
http://www.fws.gov

Publications Unit
U.S. Fish and Wildlife Service
Publications Unit
Mail Stop:  130 Webb Building
4401 North Fairfax Drive
Arlington, VA  22203
PH: (703) 358-1711

North American Waterfowl and Wetlands Office
U.S. Department of Interior
U.S. Fish and Wildlife Service
North American Waterfowl and Wetlands Office
4401 North Fairfax Drive
Arlington, VA  22203
PH: (703) 358-1784

North American Waterfowl Management Plan
North American Waterfowl Management Plan
Atlantic Coast Joint Venture Coordinator
U.S. Fish and Wildlife Service, Region 5
300 Westgate Center Drive
Hadley.MA 01035
PH: (413) 253-8200

Office of Migratory Bird Management
U.S. Fish and Wildlife Service
Office of Migratory Bird Management
4401 N. Fairfax Drive, Room 634
Arlington, VA 22203
PH: (703) 358-1714

Chesapeake Bay Field Office
U.S. Fish and Wildlife Service
Chesapeake Bay Field Office
177 Admiral Cochrane Dr.
Annapolis, MD  21401
PH: (410) 573-4500

Patuxent Research Refuge
Visitor Contact Station
230 Bald Eagle Drive
Laurel, MD  20724-3000
PH: (410) 674-3304

National Wetlands Inventory Internet Web Site
http://www.nwi.fws.gov
Contacts 6
                             Appendix II

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    National Oceanic and Atmospheric
    Administration
    Federal Consistency Coordinator
    Office of Ocean and Coastal Resource
    Management
    1305 East-West Highway, llth Floor, N/ORM3
    Silver Spring, MD  20910
    PH: (301)713-3098
    (for additional information on federal
    consistency)
    http://wave.nos.noaa.gov/ocrm

    Natural Resources Conservation Service
    (NRCS)
    NRCS Internet Web Site
    http://www.ncg.nrcs.usda.gov

    Natural Resources Inventory (NRI)
    To obtain the NRI data base, spatial data sets, and
    Data Analysis Software, contact:

    USDA-Natural Resources Conservation Service
    National Cartography and Geospatial Center
    Fort Worth Federal Center
    Building 23, Room 60
    P.O. Box 6567
    Fort Worth, TX  76115-0567
    PH: (800) 672-5559
    PH: (817) 334-5292

    NRI Internet Web Site
    http://www.ncg.nrcs.usda.gov/nri.html

    U.S. Army Corps of Engineers, see Army Corps
    of Engineers, U.S.

    U.S. Department of Agriculture, Cooperative
    Research, Education & Extension Service,
    see State and District Contacts, 'Extension Service

    U.S. Department of Agriculture, Farm Service
    Agency, see State and District Contacts, Farm Service
    Agency

    U.S. Department of Agriculture, Natural
    Resource Conservation Service, see Natural
    Resource Conservation Service

    U.S. Environmental Protection Agency, see
    Environmental Protection Agency, U.S.

    U.S. Fish and Wildlife Service, see Fish and
    Wildlife Service,  U.S.

    U.S. Geological Survey
    USGS Internet Web Site
    http://www.usgs.gov
USGS Chesapeake Bay Region Internet Web Site
http://chesapeake.usgs.gov/chesbay

Biological Resources Internet Web Site
http://www.nbs.gov

U.S. Geologic Survey
Geological Research
12201 Sunrise Valley Drive
Reston,VA 20192
PH: (703) 648-4000

To order maps:
PH: (800) USA-MAPS

Patuxent Wildlife Research Center
Patuxent Wildlife Research Center
12100 Beech Forest Road, Suite 4039
Laurel, Maryland 20708-4039
PH: 301-497-5500
http://www.pwrc.nbs.gov

Wetlands Information Hotline, see U.S.
Environmental Protection Agency Wetlands Information
Hotline

Youth Corps
National Association of Service & Conservation
Corps
666 Eleventh Street, NW
Washington, D.C.  20001-4542
PH: (202)737-6272
http://www.nascc.org

Youth Corps in the Chesapeake Bay Watershed
Baltimore Civic Works
PH: (410) 366-8533

Earth Conservation Corps
PH: (202)554-1960

Maryland Conservation Corps
PH: (410)260-8166

Montgomery County (MD) Conservation Corps
PH: (301) 929-5554

Pennsylvania Conservation Corps
PH: (717)772-4071

Service to Alexandria (VA)
PH: (703) 836-2858

Silver Spring (MD) Urban Corps
PH: (301) 565-5864

STEP Inc. Youth Corps (WiUiamsport, PA)
PH:  (717) 326-0587
Appendix II
                             Contacts 7

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   Nongovernment Organizations

   Alliance for the Chesapeake Bay
   Internet Web Site
   http://web.gmu.edu/bios/bay/acb/index.htm

   Maryland Office
   6600 York Road, Suite 100
   Baltimore, MD 21212
   PH: (410) 377-6270

   Pennsylvania Office
   225 Pine Street
   Harnsburg, PA 17101
   PH: (717) 236-8825

   Virginia Office
   P.O. Box 1981
   Richmond, VA  23216
   PH:  (800) 662-CRIS

   Chesapeake Bay Foundation
   Internet Web Site
   http://savethebay.cbf.org

   Headquarters
   162 Prince George Street
   Annapolis, MD  21401
   PH:  (410) 268-8816

   Maryland Office
   164 Conduit Street
   Annapolis, MD  21401
   PH:  (410)268-8833

   Richmond, Virginia Office
   1001 East Main Street
   Heritage Building
   Richmond, VA  23219
   PH:  (804) 780-1392

   Norfolk, Virginia Office
   100 West Plume Center
   Norfolk, VA  23510
   PH:  (757) 622-1964

   Pennsylvania Office
   214 State Street
   Harrisburg, PA  17101
   PH:  (717)234-5550

   Chesapeake Wildlife Heritage, Inc.
   P.O. Box 1745
   Easton, MD  21601
   PH: (410) 822-5100
Ducks Unlimited
Ducks Unlimited
North Atlantic MARSH Coordinator
219 County Road
Bedford, NH 03102
PH:  (603) 626-7706

The Nature Conservancy
Maryland and District of Columbia
The Nature Conservancy
Maryland Field Office (and D.C.)
Chevy Chase Metro Building
2 Wisconsin Circle, Suite 300
Chevy Chase, MD  20815
PH:  (301) 656-8673

Pennsylvania
The Nature Conservancy
Pennsylvania Field Office
1211 Chestnut Street, 12th Floor
Philadelphia, PA 19107-4122
PH:  (215) 963-1400

Virginia
The Nature Conservancy, Virginia Chapter
1110 Rose Hill Dr., Suite 200
Charlottesville, VA  22903
PH:  (804)295-6106

The Nature Conservancy
Virginia Coast Reserve
P.O. Box 158
Nassawadox, VA 23413
PH:  (757)442-3049

The Western Pennsylvania Conservancy
316 Fourth Avenue
Pittsburgh, PA  15222
PH:  (412)288-2777

Western Regional Environmental Education
Council, see Special Projects, Project Learning Tree
Special Projects

Project Learning Tree
National
American Forest Foundation
1111 19th Street, NW, Suite 780
Washington, D.C.  20036
PH: (202)463-2462

Western Regional Environmental Education
Council
4014 Chatham Lane
Houston, TX  77027
PH: (713) 520-1936
Contacts 8
                            Appendix II

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     District of Columbia
     D.C. Environmental Regulation Administration
     2100 Martin Luther King, Jr. Avenue, SE
     Washington, D.C.  20020
     PH: (202)645-6059X3060

     Maryland
     Information Education Specialist
     Maryland Department of Natural Resources
     Forest Service
     6095 Sixty Foot Road
     Parsonsburg, MD  21849
     PH: (410) 543-1950

     Pennsylvania
     Pennsylvania Department of Education
     333 Market Street, 8th Floor
     Harnsburg, PA  17126
     PH: (717) 783-6994

     Bureau of Forestry
     Pennsylvania Department of
     Conservation & Natural Resources
     P.O. Box 8552
     Harnsburg, PA  17105-8552
     PH: (717)787-2853

     Virginia
     Virginia Department of Forestry
     P.O. Box 3758
     Charlottesville, VA  22903-0758
     PH: (804)977-1375X3323

     Virginia Polytechnical Institute
     324 Cheatham Hall
     Blacksburg, VA  24061-0324
     PH: (540)231-7670

     Project WET
     National
     National Project Water Education for Teachers
     Culbertson Hall
     Montana State University
     Bozeman, MT 59717-0057
     PH: (406) 994-5392

    Maryland
     Maryland Department of Natural Resources
     Chesapeake Conservation Education
    Tawes State Office Building, B-2
    Annapolis, MD  21401
    PH: (410) 974-8474

    Pennsylvania
    Pennsylvania Department of Education
    333 Market Street, 8th Floor
    Harnsburg, PA  17126
    PH: (717) 783-6994
Virginia
Virginia Department of Environmental Quality
629 East Main Street, Suite 900
Richmond, VA  23219
PH:  (804) 698-4442

Project WILD
District of Columbia
Project WILD Coordinator
D.C. Environmental Regulation Administration
2100 Martin Luther King, Jr. Ave, SE
Washington, DC 20020
PH:  (202) 645-6059 x3060

Maryland
Project WILD Coordinator
Maryland Department of Natural Resources
Fish, Heritage, and Wildlife Administration
Tawes State Office Building
580 Taylor Avenue Annapolis, MD 21401
PH:  (410)974-3195

Pennsylvania
Aquatic WILD Coordinator
Pennsylvania Fish and Boat Commission
PO Box 67000
Harnsburg, PA 17106-7000
PH:  (717) 657-4010

Pennsylvania Project WILD Coordinator
Pennsylvania Game Commission
Division of Information and Education
2001 Elmerton Ave
Harnsburg, PA 17110-9797
PH:  (717)783-4872

Virginia
Project WILD Coordinator
Virginia Department of Game and Inland
Fisheries
4010 West Broad
PO Box 11104
Richmond, VA 23230
PH:  (804) 367-9369
Appendix II
                             Contacts 9

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                   Endnotes



1.       33 U.S.C. §1344(e)(l).

2.       33 U.S.C. §1344(e)(l)

3.       Federal Register.  Vol. 61, No. 241.  Friday, December 13, 1996. 65874-65922.

4.       U.S.  Army Corps of Engineers. July 1995.  Section 404 of the Clean Water Act and Wetlands:
        Special Statistical Report.  U.S. Army Corps of Engineers, Regulatory Branch:  Washington, D.C.

5.       U. S. Army Corps of Engineers, Regulatory Branch. July 1995.  Section 404 of the Clean Water
        Act and Wetlands: Special Statistical Report. Government Printing Office: 1995-387-341-
        814/47651.

6.       U.S. Environmental Protection Agency, Office of Water.  April 1989. Wetlands and 401
        Certification:  Opportunities and Guidelines for States and Eligible Indian Tribes.

1.       U.S. Environmental Protection Agency, Office of Water.  July 1990.  Water Quality Standards for
        Wetlands: National Guidance.

8.       U.S. Department of Commerce. 1978. Final Environmental Impact Statement: Proposed Coastal
        Management Program for the State of Maryland. U.S. Department of Commerce:  Washington,
        D.C.

9.       Virginia's Bay Act (Va. Code 10.1-2100 et seq.)
        Rick Hill, VA Dept of Conservation and Recreation.  Personal communication.

10.     David Kaiser, Consistency Coordinator, NOAA. Personal communication.

11.     Pub. L. 102-240, 105 Stat. 1914 (1991).

12.     Braum, Phil, et al. October 1994. ISTEA Planner's Workbook.  Surface Transportation Policy
        Project:  Washington, D.C.

13.     49 U.S.§303 C.(c).

14.     Environmental Law Institute.  1993.   Wetlands Mitigation Banking. Environmental Law Institute:
        Washington, D.C.

15.     §42 U.S.C. 4332 (2) (c).

16.     U.S. Fish and Wildlife Service. July/August 1997.  Endangered Species Bulletin.  "Box Score:
        Listings and Recovery Plans as of June 30, 1997."  U.S. Department  of the Interior, Washington,
        D.C.  Vol. XXHNo.  4: 28.

17.     Kusler, Jon and Teresa Opheim.  1996. Our National Wetlands Heritage:  A Protection Guide.
        Second Edition.  The Environmental Law Institute:  Washington, D.C.

18.     Boylan, Karen Day and Donald R. MacLean. November/December 1997.  "Linking Species Loss
        with Wetlands Loss."  National Wetlands Newsletter. Vol. 19, No. 6. Environmental Law Institute:
        Washington, D.C.

19.     Title 25, Chapter 105.

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 20.     National Audubon Society.  September 1993. Saving Wetlands: An Audubon Citizens'Guide for
         Action in the Mid-Atlantic Region. National Audubon Society Mid-Atlantic Regional Office: Camp
         Hill, PA. p. 4-11-4-12.

 21.     Environmental Law Institute.  May 1990.  Wetlands Protection: A Handbook for Local Officials.
         Environmental Planning Information Series Report #7.  Pennsylvania Department of Environmental
         Resources:  p 18.

 22.     Kelly Hefner, Pennsylvania Department of Environmental Protection.  Personal communication.

 23.     Environment Article Title 16;  COMAR 08.05.05.

 24.     A toll-free number is available to applicants to track the status of permit applications: (800) 876-
         0200.

 25.     Environment Article Title 5, Subtitle 5-901, et seq.,  Annotated Code of Maryland; COMAR
         08.05.04.

 26.     COMAR 08.05.04.

 27.     A toll-free number is available to applicants to track the status of permit applications:  (800) 876-
         0200.

 28.     Terry Clark, Maryland Department of the Environment.  Personal communication.

 29.     http://www.mde.state.md.us

 30.     National Audubon Society.  September 1993. Saving Wetlands:  An Audubon Citizens'Guide for
         Action in the Mid-Atlantic Region. National Audubon Society Mid-Atlantic Regional Office:  Camp
         Hill, PA. p. 4-33.

 31.     Terry Clark, Maryland Department of the Environment.  Personal communication.

 32.     Terry Clark, Maryland Department of the Environment.  Personal communication.

 33.     Title 26:  Department of The Environment. Subtitle 24:  Tidal Wetlands.  Chapter 05: Mitigation.

 34.     Courtney Gardener,  Virginia Marine Resources Commission.  Personal communication.

 35.      Tony Watkinson, Virginia Marine Resources Commission.  Personal communication.

 36.      http://www.state.va.us/mrc/homepage.htm

 37.      http://www.deq.state.va.us

 38.      http://www.state.va.us/cblad/local.htm

 39.      Legal authority: Federal Clean Water Act, Section 401; Virginia Code Section 62.1-44.2 et. seq.;
         Virginia Code Section 62.1-44.15:5; and Virginia Administrative Code 9 VAC 25-210-10 et. seq.

40.      Joe Hassel, Virginia Department of Environmental Quality.  Personal communication.

41.      D.C. Law 5-188. D.C. Code Section 6-923 (1988).  Mayor's Order 85-152.

42.      Chapter 14 DCMR,  Title 21.

43.      Rebecca Hicks, U.S. Army Corps of Engineers, Baltimore District.  Personal communication.

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44.     Terrene Institute. February 1993.  Why Develop a State Wetlands Conservation Plan.  Available
        from U.S. Environmental Protection Agency Wetlands Information Hotline; (800) 832-7828.

45.     http://www.nps.gov/cfwebl/lwcf

46.     Mary Vaver, National Park Service.  Personal communication.

47.     Larry Fokelson, Maryland Planning Office. Personal communication.

48.     John Davy, Virginia Department of Conservation and Recreation. Personal communication.

49.     SCORP available from:  Vanyla Tierney, Dept of Conservation of Natural Resources, Bureau of
        Recreation and Conservation 555 Forum Bldg, Harrisburg PA 17120 (717) 783-2654.

50.     U. S. Environmental Protection Agency. March 1996. Nonpoint Pointers:  Pointer No. 1  Pointer
        No.ll.  Office of Waters:  EPA-841-F-96-004A/004K.

51.     http://www.state.va.us/~dcr/sw/ss319.htm

52.     Pennsylvania Bay Education Office. Personal communication.

53.     John Joyce.  Maryland Department of the Environment, Technical and Regulatory Services
        Administration.  Personal communication.

54.     Environment Article Title 5, Subtitle 501 through 514; COMAR 08.05.04
        A toll-free number is available for tracking the status of permit applications:  (800) 876-0200.

55.     http://www.state.va.us/~dcr/sw/floodpki.htni

56.     Title 10.1, Chapter 6, Article 1, Sections 10.1-600 to 10.1-603.

57.     Flood protection Fact Sheet: Number 7, 8  & 9.  November 1992.  Department of Conservation
        and Recreation, Division of Soil and Water Conservation, Bureau of Flood Protection.

58.     For additional information on these program, contact the Natural  Resources  Conservation Service,
        NRCS, FSA, the Cooperative Extension Service, or your local conservation district. Your local
        USDA Service Center is listed in the telephone book under U.S. Department of Agriculture.
        Information is also available at NRCS's World Wide Web site (http://www.nrcs.usda.gov).

59.     For additional information on the listed USDA programs, contact your local conservation district,
        your NRCS State Conservationist, or the Natural Resources Conservation Service, Division of
        Watersheds and Wetlands at 202/690-0848. To get the name and number of your NRCS State
        Conservationist or District Conservationist  contact the U.S. Environmental Protection Agency
        Wetlands Information Hotline at 800/832-7828.

60.     Barry Frantz, Pennsylvania Conservation Districts; Barry Issacs U.S. Department of Agriculture,
        Natural Resources Conservation Service, Pennsylvania.

61.     This information is based on the proposed rule for the Environmental Quality Incentives Program
        (EQIP) published in the Federal Register, October  11, 1996.

62.     This information is based on the proposed rule and proposed program policies for the Wildlife
        Habitat Incentives Program (WHIP) published in the Federal Register, December 13, 1996.

63.     Chesapeake Bay Local Assistance Department.  January 1993. Silvicultural Operations in
        Chesapeake Bay Preservation Areas.  Information Bulletin: 11.

64.     Kelly Hefner.  Pennsylvania Department of Environmental Protection. Personal communication.

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65.     Md. Nat. Resources Article: Title 8-1001.

66.     U.S. Fish and Wildlife Service. July 1997. Branch of Habitat Restoration.

67.     "Land-use Planning to Retain Breeding Forest Birds in a Fragmented Landscape."  Project
        description. U.S. Fish and Wildlife Service, Office of Migratory Bird Management.
        For more information on the project, contact the Patuxent Wildlife Research Center; (301) 497-
        5642.

68.     "Project Flash: North Landing River Acquisition Project, Virginia."  North American Wetlands
        Conservation Council: Arlington, VA.

69.     "Blackwater National Wildlife Refuge, Maryland."  July 1994. North American Wetlands
        Conservation Council: Arlington, VA.

70.     "North American Wetlands Conservation Act Proposal: Executive Summary —Savanna lake,
        Maryland." North American Wetlands Conservation Council: Arlington, VA.

71.     Land Trust Alliance web page: http://www.lta.org

72.     Chesapeake Bay Foundation.  Chesapeake Bay Foundation: Leadership for the Chesapeake.; CBF
        Baywatchers:  Citizens Working to Save  The Bay; The Catch of the Bay:  Curriculum Module; and
        Chesapeake Bay Foundation Field Trips.  Brochures.

73.     Eugster, J. Glenn.  Nov/Dec  1996.  Good Science,  Good Advocacy.   National Wetlands
        Newsletter. Environmental Law Institute: Washington, D.C.

74.     The National Wetlands Mitigation Banking Study reports are available by contacting IWR
        Publications at (703) 355-3042.

75.     Tiner,  R.W.  March/April  1997. NWIMaps: What They Tell Vs. National Wetlands Newsletter.
        Environmental Law Institute:  Washington, D.C.

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                        Chesapeake Bay Program
The Chesapeake Bay Program is a unique regional partnership leading and directing restoration of
Chesapeake Bay since  1983.  The Chesapeake Bay Program partners include the states of
Maryland, Pennsylvania, and Virginia; the District of Columbia; the Chesapeake Bay Commission,
a tri-state legislative body; the U.S. Environmental  Protection Agency (EPA), which represents the
federal government; and participating citizen advisory groups.

Since its inception, the Chesapeake Bay Program's highest priority has been the restoration of the
Bay's living resources-its finfish, shellfish, Bay grasses, and other aquatic life and wildlife.
Because water quality improvements are essential to living resource  restoration, the 1987
Chesapeake Bay Agreement set a goal to reduce the nutrients nitrogen and phosphorus entering the
Bay by 40% by the year 2000. In the 1992 Amendments to the Chesapeake Bay Agreement,
partners agreed to maintain the 40% goal beyond the year 2000 and  to attack nutrients at their
source-upstream in the tributaries. The Chesapeake Executive Council, made up of the governors
of Maryland, Pennsylvania, and Virginia; the mayor of Washington, D.C.; the EPA administrator;
and the chair of the Chesapeake Bay Commission continues to guide the restoration with directives
and policies that address habitat restoration, toxic pollution prevention, and point source and
agricultural nonpoint source nutrient pollution reductions. Bay Program initiatives encourage the
watershed's 1,650 local governments  to address land use management, growth and development,
stream corridor protection, and infrastructure improvements.

 Nutrient pollution reductions are achieved through voluntary agricultural management practices,
urban nutrient management strategies, and nitrogen-reducing technologies for wastewater treatment
plants. Habitat restoration efforts focus on reestablishment of Bay grasses, protection and  planting
of riparian forest buffers, opening offish passages, creation and restoration of aquatic reefs, and
Baywide management offish stocks.  Toxic  contaminants are declining in many parts of the Bay
with establishment of Regional Action Plans and implementation of a voluntary industrial pollution
prevention program. Improvements include fisheries and habitat restoration, recovery of bay
grasses, nutrient and toxics reductions, and significant advances in estuarine science.

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