A Citizen's Handbook
for Wetland Protection
in the Rocky Mountain
and Northern Great Plains Regions
U. S. Environmental Protection Agency
Region Vltl
Denver, Colorado
1989
*
VH*
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A Citizen's Handbook for Wetland Protection
in the Rocky Mountain and Northern Great Plains Regions
U.S. Environmental Protection Agency
Region VIII
1989
by Dr. David J. Cooper
EPA Project Coordinator: CeCe Forget
Credits:
Illustrations: Joan Hirschman
Photographs: David J. Cooper, except as noted
Layout: Sally L White
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Table of Contents
INTRODUCTION 1
ECOLOGY OF WETLANDS 2
TYPES OF WETLANDS 2
WETLAND FUNCTIONS AND VALUES 6
Water Quality Improvement 6
Fish and Wildlife Habitat 7
Aquatic Food Chain Support 7
Flood Attenuation and Storm Water Detention 10
Shoreline Anchoring 10
Ground Water Recharge and Discharge 11
Recreation, Education, Nature Study
and Natural Areas 11
Summary of Wetland Functions and Values 11
WETLAND LOSSES 12
REGULATIONS FOR WETLAND PROTECTION 13
The 404 Permit Program . 13
The Section 404 Permit Process 14
Citizen Involvement 17
WETLAND PROTECTION: HOW YOU CAN BECOME INVOLVED ............ 18
CONCLUSIONS ... .21
DIRECTORY OF KEY AGENCIES ..... 22
ADDITIONAL READINGS 25
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INTRODUCTION
Did you know that wetlands are fascinating ecosystems, critically
important for providing you with clean water? It's true. Wetlands
can remove sediment, excess nutrients such as some nitrogen
compounds, heavy metals and other pollutants, and play a key
role in maintaining high quality water. Former EPA Administrator
Lee Thomas stated that "if you don't protect wetlands you're even-
tually going to have major problems in water quality - eventually
that translates into health issues". Wetlands also benefit humans
by providing flood control and ground water recharge.
In addition, wetlands are the most important habitat for waterfowl,
fish, and most species of mammals and birds in the semi-arid
West. Because water is the most important factor that limits
growth, complex ecosystems with intricate food chains of plants
and animals occur in wetlands. Prolific biological activity makes
wetlands among the world's most productive and important
ecosystems. You probably are surprised that wetlands perform all
these important functions when you may have thought that they
were wastelands.
Natural riparian wetlands are very dynamic ecosystems.
Many have braided channels and complex vegetation patterns.
Cherry Creek, Colorado.
This booklet is provided to help people living in the Rocky Moun-
tain and northern Great Plains regions understand: (1) what wet-
lands are, (2) why they are vitally important, and (3) how you can
help protect them. It describes the different types of wetlands that
occur in our region [the Environmental Protection Agency's (EPA)
Region VIII includes Colorado, Montana, North Dakota, South
Dakota, Utah, and Wyoming], the functions which make wetlands
valuable, and government regulations affecting wetlands. It also
suggests a number of ways that you and others can become in-
volved in wetland protection.
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2 ECOLOGY OF WETLANDS
ECOLOGY OF WETLANDS
Wetlands are lands where the soil or substrate is at least peri-
odically saturated with water during the growing season. Wetlands
often form the transition between well-drained uplands and
aquatic habitats, such as streams and lakes. Soil saturation oc-
curs for a long enough period of time to create anaerobic (lack-
ing free oxygen) conditions in the soil. Only plant species adapted
to living in anaerobic soils can survive in wetlands. Wetlands al-
ways have at least one, and usually all three, of the following
characteristics:
(1) the water table is usually at or near the ground surface
for at least a portion of the growing season, or there
may be shallow standing water;
(2) the substrate is predominantly an undrained, wet soil
(hydric soil) which is anaerobic in the upper part of the
soil; and
(3) this soil supports vegetation dominated by plants
adapted to the wetlands environment (hydrophytes).
Federal regulatory agencies have adopted the following definition
of wetlands: "Wetlands consist of areas that are inundated or
saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do sup-
port, a prevalence of vegetation typically adapted for life in
saturated soil conditions".
This definition stresses that soil saturation in the rooting zone con-
trols the types of plants and animals that can live in wetlands and
most of these species occur only in wetlands. Because the wet-
land environment is so different from the environment of drier
uplands, many unique processes occur such as peat formation
and water quality control.
TYPES OF WETLANDS
Because the climate and landscape are so varied, many different
types of wetlands occur in our region. Elevation, topography, posi-
tion relative to mountain ranges, temperature, and characteristics
of the water sources vary widely across the region.
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TYPES OF WETLANDS 3
On the glaciated prairie region of the northern Great
Plains, prairie potholes are abundant. Prairie potholes
are landscape depressions that hold surface water
temporarily, seasonally or permanently, or are fed by
ground water. Most were formed by glaciation. Prairie
potholes range in size from less than one acre to
hundreds of acres and the size of many potholes
depends partially upon precipitation in the winter and
spring.
High mountain wetland, Wyoming.
Prairie potholes — glaciated prairie wetlands, North Dakota.
Photo courtesy of U.S. Fish and Wildlife Service
In the high mountains, "montane" wetlands occur where
glacial erosion and deposition have created valley bot-
toms that are nearly level. Water tables in these areas are
seasonally or permanently high. Stream systems in deep-
ly incised mountain valleys generally have narrow
floodplains and wetlands occur as narrow bands along
their banks. Snowmelt basins at the highest elevations
usually support extensive wetlands.
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4 TYPES OF WETLANDS
Intermountain basin wetland, Colorado.
Riparian wetlands occur along rivers and streams in the lower
mountains, foothills, Great Plains and intermountain basins.
These wetlands are distinct because the energy of moving
water adds the dynamic aspect of erosion, sediment deposi-
tion and seasonal flooding that can shape and characterize
the environment. Riparian wetlands are the only native forests
on most of the western Great Plains and are dominated by
species such as cottonwood and willow trees, willow shrubs,
alder, birch, box elder and ash.
Basins between the mountain ranges receive relatively little
precipitation compared with the mountains. For example, portions
of the San Luis Valley in southern Colorado and the Bighorn Basin
of northwestern Wyoming receive an average annual total of less
than 7 inches of precipitation. However, numerous streams drain-
ing the surrounding mountain ranges enter the basins, and the
level topography inhibits runoff. Ponds occur and high water
tables extend over large areas supporting extensive wetlands.
Many National Wildlife Refuges (NWR) in the Rocky Mountain
West are intermountain basin wetlands (for example, Monte Vista
and Alamosa NWR in southern Colorado).
Riparian wetland, Missouri River, Montana.
Photo courtesy of Kelly Drake.
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TYPES OF WETLANDS 5
Wetlands also occur in urban areas of all sizes and densities.
Urban wetlands are either remnants of wetlands that existed
prior to settlement or have been formed since urbanization.
Water diverted from streams and other sources for municipal
uses, such as lawn watering, and increased runoff from im-
pervious surfaces, such as paved streets, roofs and parking
lots may create and support wetlands.
Urban wetland, Boulder, Colorado.
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6 WETLAND FUNCTIONS AND VALUES
WETLAND FUNCTIONS AND VALUES
Wetlands not only are diverse and in-
teresting elements of our Nation's
landscapes, they also provide a num-
ber of important, but often unrecog-
nized functions that are very valuable
to our society. It is their functional
values that make it imperative to
preserve them. Many of these func-
tions are not easily seen in action, but
once they are understood, wetlands
take on a critical new sense of value.
Water Quality Improvement
One of the most important, but unseen, wetland functions is water
quality improvement. Many wetlands occupy depressions where
runoff from higher areas is concentrated. Water spreads out and
slows down in wetlands and suspended sediment settles out.
Nutrients, toxic pollutants and other chemicals that can cause
water quality deterioration are often attached to sediment and are
removed from the water. Wetland plants also can absorb nutrients,
metals and other substances, and fix them into organic matter that
later may be stored in the soil.
In excessive amounts, nutrients such as phosphorus and nitrogen
may become pollutants by causing algae blooms. Bacterial
decomposition of algae can lead to low oxygen concentrations in
lake and stream water that can harm many forms of aquatic life.
Wetlands can remove nutrients from water before they enter the
lakes and streams.
Heavy metals, such as lead, zinc, copper, cadmium and
chromium, are introduced into streams and wetlands from aban-
doned and active metal mines, and runoff from urban, commer-
cial, industrial and agricultural areas. Dissolved metal
concentrations in 1,400 miles of Colorado waterways (7.5% of the
total of 18,500 miles of streams and rivers in Colorado) exceed
basic standards for aquatic life, agricultural use, or domestic water
supply. Many of these streams contain no aquatic life and no
fisheries. Water passing through wetlands receives filtration that
can improve water quality by removing some of the sediment,
nutrients, metals, herbicides and pesticides. Water quality im-
provement benefits aquatic life and all downstream human users
and is achieved at no cost to the public. Wetlands have been con-
structed in many areas as tertiary treatment facilities for municipal
waste water.
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WETLAND FUNCTIONS AND VALUES 7
Fish and Wildlife Habitat
Wetlands are important fish and wildlife habitat because water
is essential for the survival of virtually all species. Wetlands provide
attractive food sources, protection from weather and predators,
resting sites, reproductive sites, and molting grounds for wildlife.
Fish, aquatic insects, mollusks and waterfowl (ducks, geese,
shorebirds) in particular require wetlands for survival. Many other
animals, such as amphibians, require wetlands at certain stages
in their life. Fish species, such as northern pike, yellow perch, and
bluegills, depend upon wetlands for spawning and nursery
grounds. Wetlands are critical habitat for endangered animal
Snow geese at prairie pothole in South Dakota.
Photograph courtesy U.S. Fish and Wildlife Service.
species such as grizzly bears in Montana and whooping cranes
and bald eagles on the Great Plains.
North Dakota, with abundant prairie pothole wetlands, is the lead-
ing duck producing state in the nation. Yet over 50 % of North
Dakota's wetlands have been drained primarily to make land avail-
able for agriculture.
Aquatic Food Chain Support
Wetlands provide vital sup-
port for aquatic food
chains. The energy and
nutrients stored in wetland
plants become available to
the variety of animals in the
food chain. For example,
leaves falling from trees be-
come an important food
source for aquatic insects in
streams. Large trees that fall
into streams are essential for
creating and maintaining a diversity of habitats, such as pools and
riffles within stream ecosystems. Food chains connect different
ecosystems and the plants and animals living in them to each
other. Food chains may tie a forest many miles upstream to wet-
lands in another state or region. They illustrate the interconnec-
tedness of all living organisms and their environments.
\v\t
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WATER STORAGE
STREAMBANK PROTECTION
ACTIVE AND PASSIVE RECREATION
FLOODWATER RETENTION
AQUIFER RECHARGE
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FISH AND WILDLIFE HABITAT
FOOD CHAIN SUPPORT
EROSION CONTROL
SEDIMENT AND POLLUTANT FILTERING
WETLAND FUNCTIONS AND VALUES
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10 WETLAND FUNCTIONS AND VALUES
Flood Attenuation and Storm Water Detention
Wetlands that occupy landscape depressions and level terrain
naturally receive runoff water from uplands and overbank waters
from flooding rivers and streams. These wetlands can detain large
volumes of water, slowly releasing it to surface or ground water
providing important flood attenuation and storm water deten-
tion. Watersheds with 40 % of their land area as lakes and wet-
lands have flood peaks only 20 % as large as those in basins with
little or no wetland area.
When wetlands are filled, ditched, paved or otherwise modified,
storm water quickly runs to streams and rivers resulting in higher
flood peaks. Many streams now have higher flooding potentials
due to wetland destruction in their basin. Predicted 100-year flow
volumes for streams in urban environments have, in some areas,
more than doubled after wetlands have been filled and large im-
pervious areas created. The importance of wetlands in flood at-
tenuation was dramatically documented during a 1982 failure of
the Lawn Lake dam in Rocky Mountain National Park, Colorado.
Approximately 29 million cubic feet of water rushed down a steep
canyon and entered Horseshoe Park, a large wetland, where the
wall of water was reduced from 22-28 feet to 10 feet in height and
the water velocity was reduced from 9 to 2 miles per hour. This
flood attenuation allowed time for warnings to be forwarded to the
town of Estes Park, Colorado, just downstream from Horseshoe
Park, and no loss of life occurred in Estes Park.
Shoreline Anchoring
Plant roots, particularly those of shrubs, trees and mats of spread-
ing sedges, rushes and grasses, stabilize soil along streambanks
of rivers, streams and lakes providing important shoreline
anchoring. Shoreline erosion threatens adjacent wetlands and
uplands and their value as high quality aquatic and terrestrial
wildlife habitat. This function also is of economic importance, be-
cause stream and river banks are very costly to stabilize once rapid
erosion begins.
Shoreline anchoring by dense growth of willows
along the Blue River, Colorado.
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WETLAND FUNCTIONS AND VALUES 11
Ground Water Recharge and Discharge
AQUIFER RECHARGE
Wetlands are accumulation
areas for surface runoff water
and may function to recharge
underground aquifers. Ground
water aquifer recharge is of
regional importance. Ground
water discharge occurs where
the water table intersects the
ground surface. These seeps
and springs can support many
diverse types of wetlands.
Recreation, Education, Nature Study
and Natural Areas
For many people, the most personal value of wetlands and ad-
jacent waterways is for recreation, education, nature study and
natural areas. Fishing, boating, bird watching, photography and
hunting provide many hours of enjoyment and pleasure for many
people. These activities are also very important to the regional
economy. Many times wetlands are the last portions of the
landscape to be developed or modified in the course of human set-
tlement and consequently attract wildlife and people interested in
natural history and beauty.
Wetlands have great aesthetic quality because they combine the
elements of land and water. This is particularly important in the
semi-arid West where water can be scarce. Usually so many dif-
ferent forms of aquatic and terrestrial, plant and animal life occur
in wetlands that they are vital outdoor education facilities. If wet-
lands are relatively undisturbed they provide natural laboratories
for studies by school groups and the public of all ages. Wetlands
that have interpretive centers and boardwalks to allow public ac-
cess are extremely popular.
The value of wetlands for hunting and fishing is well-known. These
sports are not only important for human recreation, but provide im-
portant economic stability for many areas.
Summary of Wetland Functions and Values
Important wetland functions such as water quality improvement,
erosion control through stream and lake shoreline anchoring, flood
peak reduction, essential fish and wildlife habitat, ground water
recharge and discharge, and passive and active recreation oppor-
tunities play vital roles in many aspects of our lives. These func-
tions are provided at no cost to taxpayers. By helping to maintain
high quality surface and ground water supplies, wetlands provide
a basic necessity for all life forms and help ensure that economic
and recreational opportunities and human health are not
diminished. Almost all activities associated with human life require
clean water.
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12 WETLAND LOSSES
WETLAND LOSSES
Wetland losses in our area and the entire U.S. have been substan-
tial. In North and South Dakota, prairie pothole wetlands original-
ly covered approximately 7 million acres. Today only slightly more
than 3 million acres remain. Most of this loss is due to agriculture
and irrigation and flood control projects. Many areas have been
converted to cropland, while other areas have been badly over-
grazed by livestock.
Riparian ecosystems have been so mistreated that they probably
represent the most modified land type in the West. In Colorado,
more than 90 % of the Colorado River's riparian wetlands have
been destroyed. Dam construction has severely modified the
natural hydrologic regime of many streams making it impossible
for many native plant species to reproduce and exotic plant
species such as tamarisk and Russian olive have invaded. In ad-
dition, sand and gravel mining along rivers has taken a mighty toll
of riparian wetlands, particularly near urban and industrial centers.
Wetlands in urban areas have been impacted due to increasing
development pressure for residential housing, industry, and com-
mercial facilities.
Mountain wetlands are impacted by ski area development, road
and highway construction, water diversion projects, mining, graz-
ing and many other uses. Land-use patterns are historical and
complex in many instances. Cumulative impacts by a multitude of
projects are usually unforeseen, but can result in widespread wet-
land destruction.
The region cannot withstand additional losses of wetlands vital to
water quality control, flood attenuation and wildlife species. In
most instances, wetland losses can be prevented by careful plan-
ning, and the loss of wetland functions can be averted.
Wetland loss due to road construction
through a prairie pothole, North Dakota.
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REGULATIONS FOR WETLAND PROTECTION 13
REGULATIONS FOR WETLAND PROTECTION
Government regulations have been developed to protect the high
quality of waters of the U.S. and to ensure that wetland functions
are maintained. With the1972 passage by Congress of the Amend-
ments to the Federal Water Pollution Control Act, which is now
called the Clean Water Act (CWA), wetlands were determined to
be waters of the United States and were given protection under
the more comprehensive CWA. The goal of the CWA is, "to re-
store and maintain the chemical, physical, and biological in-
tegrity of the Nation's waters" (33 U.S.C. 1251 (a)). This goal is
key to understanding how broad the Act is. The CWA prohibits the
discharge of pollutants into waters of the U.S. except where per-
mitted by the Act.
A knowledge of the main sections of the Clean Water Act will help
you understand how you can use the CWA to protect wetlands.
Section 301 of the Act prohibits unpermitted discharges of any pol-
lutant into waters of the United States, unless otherwise permitted
by the Act. Under this section it is illegal to discharge material into
wetlands or otherwise use wetlands to discharge wastes. There
are two main exemptions to Section 301.
(1) Section 402 creates the National Pollutant Discharge
Elimination System (NPDES) which requires permits for
discharges of wastes to waters of the United States
from industrial and sewage treatment facilities and
similarfacilities. This permit program is generally admin-
istered by states with oversight by the Environmental
Protection Agency.
(2) Section 404 provides a permit program for the dis-
charge of dredged and fill material into waters of the
United States. A Section 404 permit is required for the
discharge of dredge or fill material into waters of the
United States.
The 404 Permit Program
The Corps of Engineers and the Environmental Protection Agen-
cy jointly administer the Section 404 permit program. The COE
reviews permit applications, publishes public notices, receives
review comments, issues permits and provides enforcement for
illegal activities (see Section 404 Permit Process Flow Chart). The
EPA developed the Section 404(b)(1) guidelines which the COE
must use to determine the environmental impacts of a proposed
permit activity. Section 404(c) of the CWA gives EPA veto power
over COE issued permits for filling a particular wetland when EPA
determines that it will have an "unacceptable adverse effect" on
the environment. Other agencies also review Section 404 permits
and the public has the opportunity to comment on these permits.
The U.S. Fish and Wildlife Service and state wildlife agencies en-
sure that possible effects on wildlife have been considered. The
state health or water quality agency can ensure that water quality
issues are addressed. Section 401 of the CWA provides every
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14 REGULATIONS FOR WETLAND PROTECTION
state with the right to veto a Section 404 permit if it can show
that water quality will be impaired.
The 404(b)(1) guidelines allow EPA to identify, in advance of a
permit application, sites that are unsuitable for the disposal of
dredged or fill material. Under the advanced identification
process, all wetlands in a region are mapped and a determina-
tion is made identifying those wetlands which are suitable and
unsuitable for receiving discharges of material. Through the ad-
vanced identification process the most important aquatic and
wetland resources in a region can be identified and preserved.
The Section 404 Permit Process
Applications for Section 404 permits must include a detailed
description of the proposed activity, including the dimensions of
structures, fills and excavation, the purpose, need and intended
use of the proposed activity, and the type and quantities of
dredged or fill material to be used.
Following submittal of a completed application to the ap-
propriate COE district office, a public notice describing the
proposed activity is issued (usually within 15 days), and a 30 to
90 day comment period follows (see Section 404 Permit Process
Flow Chart). Public notices are posted at many federal govern-
ment offices, such as post offices in the region of the proposed
activity. To keep informed of proposed activities that threaten
wetlands, it is necessary to determine where COE public notices
are posted in your area. Citizens can also request to receive
COE public notices.
THE SECTION 404 PERMIT PROCESS
Applicant submits Form 4345 to COE
Application received and acknowledged
Application processed and public
notice issued
Application reviewed by agencies,
public, concerned groups and COE
COE receives review comments
COE makes decision
Public hearing may
be held
P
Application Approved
Applicant receives permit with
special and general conditions
L
Permit Issued
Application Rejected
Permit Denied
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REGULATIONS FOR WETLAND PROTECTION 15
All permit applications are available to the public. However, to read
an entire permit application may require a trip to the COE District
office. The application is reviewed by the COE, the public, special
interest groups and local, state and federal agencies. All comments
are considered and a public hearing may be held if significant im-
pacts may occur and if a substantial number of individuals or agen-
cies request a hearing.
Several different types of 404 permits exist. Section 404(e) of the
Clean Water Act authorizes the issuance of nationwide and
general permits for dredge and fill activities that meet three con-
ditions:
(1) the activities are similar in nature (e.g. a number of minor
fillings associated with highway maintenance);
(2) the activities will have only minimal adverse environmen-
tal effects when performed separately; and
(3) the activities will have only minimal cumulative adverse
effects on the environment.
In EPA's Region VIII, activities that will result in the filling of a wet-
land or a portion of a wetland that is less than one acre in size may
be covered under nationwide permits. However, nationwide per-
mits only cover activities that will have minimal adverse effects on
the environment. Many discharges into wetlands affect areas larger
than one acre, and/or have significant adverse effects on the en-
vironment. These activities must be individually assessed and the
404 individual permit process provides the mechanism for as-
sessing these effects.
Section 404(f)(1) describes a number of activities that are poten-
tially exempt from the Section 404 permit requirements. These in-
clude:
(1) normal farming, forestry and ranching practices, except
activities that would change wetlands in their natural
state into a different type of use;
(2) maintenance and emergency reconstruction activities;
(3) construction or maintenance of farm ponds and irriga-
tion ditches; and
(4) construction and maintenance of farm or forest roads.
Section 404(f)(2) however, limits the above uses to activities that
will not change the flow, circulation or reach of the waters. Activities
that will cause these types of changes are required to obtain a Sec-
tion 404 permit.
The decision on whether or not to issue a permit is based on several
criteria. First, the COE must evaluate each permit application using
the Section 404 (b)(1) guidelines. A public interest review process
occurs next and evaluates the probable impacts, including cumula-
tive impacts of the proposed activity and its intended use on the
public interest. The review process includes consideration of fish
and wildlife values, wetlands, floodplains, local and regional land
use policies, recreation opportunities and other factors that affect
the needs and welfare of the people. Wetland functions and values
that will be lost due to a proposed project must be weighed against
the project benefits so that the review process can be balanced.
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16 REGULATIONS FOR WETLAND PROTECTION
Four general criteria provide guidance for regulators in determin-
ing whether a proposed project is in the public interest. These are:
(1) the relative extent of public and private need for the
proposed project;
(2) the availability and practicability of alternative sites and
methods for the project;
(3) the extent and permanence of public and private benefi-
cial and detrimental effects; and
(4) whether or not the project is "water-dependent". Water-
dependent activities are activities which must be located
in or close to the aquatic environment and include bridge
crossings of streams and rivers as well as marinas on
lakes and reservoirs.
EPA's Section 404(b)(1) guidelines require that five general condi-
tions be satisfied. No permit should be issued:
(1) if there is a practicable alternative which would have less
impact;
(2) if the discharge would violate any applicable legal stand-
ards;
(3) if it would result in significant degradation of the waters
of the United States;
(4) if the project is not water-dependent; and
(5) unless appropriate and practicable steps have been
taken to minimize potential adverse effects.
A number of other federal, state and local laws also are incor-
porated into the Section 404 permit review process. Proposed ac-
tivities that will not comply with the requirements of any of these
laws can result in denial of a permit application. These laws include:
• The Endangered Species Act
. The National Environmental Policy Act
. The Wild and Scenic Rivers Act
• The Fish and Wildlife Coordination Act
• The National Historic Preservation Act
. other federal, state and local laws and regulations.
The National Environmental Policy Act (NEPA) requires federal
agencies to evaluate the environmental consequences of their ac-
tions, consider all feasible alternatives, incorporate mitigating
measures into projects when possible and involve other interested
state, federal, and local officials as well as the public. Under NEPA
every major federal action that will significantly affect the quality of
the human environment must be evaluated through an Environ-
mental Impact Statement (EIS). The EIS provides an analysis of a
broad range of possible environmental effects by a proposed
project and compares different proposed project alternatives. The
EIS must also consider not only the immediate project impacts, but
also all reasonably foreseeable secondary and cumulative effects.
In some situations, Section 404 permits are considered major
federal actions. Thus, NEPA may apply to wetland permitting
programs and an EIS may be required if a significant environmen-
tal impact is expected.
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REGULATIONS FOR WETLAND PROTECTION 17
The Endangered Species Act provides protection for species
whose continued existence is in jeopardy. The Act prohibits taking
of threatened or endangered species and "taking" is broadly
defined to include habitat destruction. Wetlands are critical habitat
for several endangered species, for example the whooping crane
and bald eagle. Thus, actions in waters of the U.S. which could af-
fect the known habitat of these species must be considered.
Citizen Involvement
The public review process is an essential part of the evaluation of
every Section 404 permit application and a permit can be issued
only after notice and opportunity for public input. In reviewing
public notices, you should look at both the details of the
proposed activities and at the broader issue of potential cumula-
tive effects of these activities on the wetland resources to be im-
pacted on-site and off-site. If your information leads you to
believe that "unacceptable adverse effects" will result, then it
is important that you provide written comments to the ap-
propriate COE and EPA offices regarding your concerns.
In many instances COE officials who make permit decisions are lo-
cated in another state. Therefore, local citizens may be more
knowledgable about the potential cumulative effects and the effects
to endangered species or water quality than the COE personnel.
Citizens can provide critical facts and inform the COE of im-
pacts which may result from a proposed action. Citizens can
also request that a public hearing be held if they can raise sub-
stantial issues that are not addressed by the permit applica-
tion.
The COE usually makes a decision on a permit within 60 to 90 days
following receipt of all comments on a proposed project, but this
can be delayed if a public hearing is held or if review agencies re-
quire additional time to review the project and develop comments.
Once the COE decides to issue a permit for an activity that you feel
will have "unacceptable adverse effects", you cannot appeal the
decision directly to the Corps. You should first contact the EPA and
discuss your concerns with an appropriate official (refer to Key
Agencies on page 22). Under Section 404(c), EPA has veto power
over COE permitting when unacceptable adverse effects are
predicted to occur from a proposed activity. If EPA cannot veto the
permit, your only recourse is to file a lawsuit in federal district court.
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18 WETLAND PROTECTION
Section 404 permits the filling of wetlands in accordance with
regulations of the Clean Water Act and in compliance with state
water quality standards. Acceptable projects receive certification
from their state under Section 401 of the Clean Water Act. Citizens
should examine state and local water quality standards to deter-
mine the direct, as well as cumulative, impacts of the proposed
project. While a single proposed project may not have a massive
adverse impact on water quality, when a larger perspective of the
impacts of several past projects are linked together with the
proposed project, the cumulative effects can be much more severe
on a regional or statewide scale.
WETLAND PROTECTION
HOW YOU CAN BECOME INVOLVED
A number of different ways exist to protect wetlands and you should
choose the best options for your area. Individual citizens can play
an important role by monitoring activities in wetlands. Good ways
to become involved in wetlands protection are to learn how to iden-
tify wetlands, determine where important wetlands occur in your
area, and learn what functions these wetlands perform, including
their value to people.
The National Wetlands Inventory of the U.S. Fish and Wildlife Ser-
vice has an ongoing program for mapping wetlands throughout the
United States. Many portions of the northern Great Plains and
Rocky Mountain states have already been mapped and the maps
are for sale to the public (see reference in Key Agency List). These
maps will help you learn where wetlands occur in your area. Other
references cited at the end of this handbook can help you learn
more about how to identify wetlands and about their biological,
hydrological, physical and chemical characteristics. Additional in-
formation on wetland functions may be available in documents or
reports by federal, state or local government agencies. This infor-
mation will allow you to be more informed and to provide valuable
comments on public notices for proposed Section 404 permits.
Specific wetland protection measures you can take include:
(1) Public Comments on Section 404
Permit Applications
Become familiar with the Section 404 permit process and
keep abreast of proposed dredge and fill activities in your
area. It is critical that you provide comments to regulatory
agencies on the potential effects of these activities on
your local wetlands.
(2) Adopt-a-Wetland
The EPA Region VIII office in Denver is taking the lead
on generating "Adopt-A-Wetland" programs. The
program is based on the Kentucky model which en-
courages local groups to adopt a water resource and act
as the "guardian" of that resource. The program
promotes individual participation and responsibility for
natural resources. In Region VIII, the emphasis is on wet-
land protection. By adopting a wetland, in-
dividuals/groups make a commitment to protect the
integrity of the wetland with its many habitat and other
values. Adopting a wetland can provide opportunities for
recreational and educational experiences which in-
crease public awareness and appreciation for wetlands.
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WETLAND PROTECTION 19
For example, four 7th grade science classes from a
school in Colorado have adopted a nearby wetland. Stu-
dents have participated in several activities that they felt
were important, including developing and distributing a
brochure about wetland values to their neighbors. The
students also plan to give educational tours through the
wetland to teach local people about the benefits of wet-
lands. For additional information on EPA's Adopt-A-Wet-
land Program, contact EPA in Denver (see list of Key
Agencies on page 22).
(3) Education
Destruction of some wetlands has occurred because
people did not know that federal law regulates many ac-
tivities in wetlands on public and private land. Also, much
wetland destruction has taken place because people do
not recognize the valuable functions that wetlands per-
form. Education programs can minimize wetland loss
due to ignorance.
(4) Wetland Surveys
You can also urge your city, county and states to com-
plete detailed wetland surveys to identify and map all wet-
lands and to designate wetlands with high functional
value as priority wetlands. Cooperative efforts between
EPA Region VIII and local governments on "Advanced
Identification" wetland mapping projects have been un-
dertaken for the Jordan River drainage near Salt Lake
City, Utah, the City of Boulder, Colorado planning area,
and the Cherry Creek drainage basin southeast of Den-
ver. Other similar projects are planned. These studies
should expand our understanding of wetlands in these
areas and identify individual wetlands with the highest
functional value so that protection efforts can focus on
these priority wetlands.
(5) Wetland Study
Presently we know very little about most individual wet-
lands and a pressing need exists for further study.
Studies can be sponsored by school science classes
(like the Colorado schools described in "2" above), adult
education courses and interested groups such as
Audubon Society, Ducks Unlimited, Trout Unlimited and
others that sponsor field trips, workshops and classes.
A local data base and experience is the best way to un-
derstand wetland functions.
This local information will provide you with the best
reasons to preserve wetlands in your area. Also, en-
courage people in your area or in the state or local
government to conduct applied research projects aimed
at addressing specific management questions.
. - • ••
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20 WETLAND PROTECTION
(6) State Wetland Protection Laws
Thirteen states in the U.S. have wetland protection laws,
but no state in EPA's Region VIII has yet developed a
comprehensive wetland protection law. North Dakota
has developed a "no net wetlands loss act" (SB 2035)
which requires that every acre of wetland that is filled
must be mitigated by creating an equal area of wetlands
elsewhere. You can discuss wetland protection with your
elected state representatives and urge them to introduce
appropriate legislation. Laws enacted in Connecticut,
Florida, Maine, Massachussets, Michigan, Minnesota,
New Hampshire, New York, Oregon, Pennsylvania,
Rhode Island, Vermont and Wisconsin can be used as
models of existing state programs.
(7) Local Wetland Regulations
Wetland protection can also occur at the county or city
level of government. The City of Greenwood Village in
Colorado has identified all wetlands within their city limits.
City code requires that all projects proposed to occur on
sites containing wetlands must identify the acreage of
wetlands to be impacted and take steps to avoid these
impacts. All unavoidable impacts must be mitigated. The
City of Boulder, Colorado, is using the data base derived
from their "Advanced Wetland Identification" process to
develop a local wetland ordinance.
Local regulations can take many forms, including desig-
nating certain wetlands as critical wildlife habitat or as
flood attenuation basins. Zoning has been the tool most
commonly used by local governments for wetland
protection. Important wetlands can be zoned unsuitable
for certain types or densities of developments. Develop-
ment can be clustered into upland portions of a site leav-
ing wetlands as open space.
(8) Wetland Acquisition
State and local governments can purchase critical wet-
lands in many instances and manage them for the public
good. Many public wetlands provide important sites for
nature study by school groups. They also provide impor-
tant recreational opportunities for residents and visitors.
Purchases of critical wetlands may actually save tax-
payer dollars by functioning to reduce flood risk and by
maintaining clean water.
(9) Private Land Conservation
Individuals whose private land contains wetlands can
donate the wetland area, grant conservation easements,
or "Transfer Development Rights" (TDR) to their local
government or to conservation organizations. Conser-
vation easements are legal in many states and they as-
sure that the use of part or all of a property is permanently
limited to specific activities. Conservation easements
must be granted to a government agency or land trust
that will ensure that present and future owners abide by
the terms of the easement. Conservation easements can
allow some residential, farming and other uses.
(10) Tax Incentives
Significant tax incentives can be implemented to help
preserve wetlands. In Delaware, Maryland, New Jersey,
Rhode Island and South Carolina there is a significant
property tax decrease for conservation easements.
Maryland also has a complete tax credit for 15 years fol-
lowing establishment of a conservation easement. In
Oregon, a riparian tax incentive program for riparian
habitat improvement allows a 25% personal state income
tax exemption. Other creative tax incentives are also
being tried.
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(11) Best Management Practices
Private landowners can seek advice from professional
wetland managers on best management practices and
modify their land uses where necessary to ensure that
wetlands perform their functions to the highest degree
possible. Some private land owners may wish to develop
a wildlife preserve on their property.
CONCLUSIONS 21
CONCLUSIONS
Wetlands are vital to the functioning of the earth's ecosystems,
maintaining water quality, fish and other wildlife populations, and
nutrient cycling on a global scale. In addition, aesthetic beauty and
recreational activities are also provided by wetlands.
Wetlands in our region are of national and international importance.
For example, wetlands such as the prairie potholes in the northern
prairie region support some of the most significant populations of
waterfowl in North America.
Individuals and local and regional groups can have a tremendous
influence on wetland management once they understand the func-
tions and values of individual wetlands. You can effect wetland
protection in your area by starting to work with local, regional and
state governments to enact wetland protection regulations and
policies. Most importantly, you can inform people in your region
about the values of wetlands, and the personal responsibility we all
share to protect and preserve the balance of Nature.
Riparian wetland loss due to gravel mining along
the Cache la Poudre River, Colorado.
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22 DIRECTORY OF KEY AGENCIES
DIRECTORY OF KEY AGENCIES
ENVIRONMENTAL PROTECTION AGENCY (EPA)
REGION VIII
Water Quality Requirements Section
One Denver Place, Suite 500
999 18th St.
Denver, CO 80202-2405 (303) 293-1570
U.S. ARMY CORPS OF ENGINEERS (COE)
Missouri River Basin
District Engineer
P.O. Box 5
Omaha, NE 86101 -0005 (402) 221 -4143
Arkansas and Rio Grande River Basins
District Engineer
Albuquerque District Corps of Engineers
Albuquerque, NM 87103-1580 (505) 766-2776
Colorado River Basin
District Engineer
Sacramento District Corps of Engineers
650 Capitol Mall
Sacramento, CA 95814 (916) 551-2260
U.S. FISH AND WILDLIFE SERVICE,
BIOLOGICAL SERVICES
Colorado
Fish and Wildlife Enhancement
529-25 1/2 Road, Suite B-113
Grand Junction, CO 81505 (303) 243-2778
Fish and Wildlife Enhancement
730 Simms Street, Suite 292
Golden, CO 80401 (303) 236-2675
Montana
Fish and Wildlife Enhancement
P.O. Box 10023
Federal Bldg., & US Courthouse
301 S. Park, Room 494
Helena, MT 59626 (406) 449-5225
Fish and Wildlife Enhancement
1501 14th Street West, Suite 230
Billings, MT 59102 (406) 657-6750
Fish and Wildlife Enhancement
HS 105D, University of Montana
Missoula, MT 59812 (406) 329-3223
North Dakota
Fish and Wildlife Enhancement
1500 Capitol Avenue
Bismarck, ND 58501 (701) 255-4011
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DIRECTORY OF KEY AGENCIES 23
U.S. Fish and Wildlife, Biological Services (cont.)
South Dakota
Fish and Wildlife Enhancement
P.O. Box 986, Federal Bldg.
Room 227
225 S. Pierre
Pierre, SD 57501
(605) 224-8693
Utah
Fish and Wildlife Enhancement
2078 Admin. Bldg.
1745 W. 1700 South
Salt Lake City, UT 84104-5110 (801) 524-4430
Wyoming
Fish and Wildlife Enhancement
2120 Capitol Ave., Room 7010
Cheyenne, WY 82001
(307) 772-2372
U.S. Fish and Wildlife Service
NATIONAL WETLANDS INVENTORY
(for wetland maps)
Regional Wetlands Coordinator
Fish and Wildlife Enhancement
P.O. Box 25486, Denver Federal Center
Denver, CO 80225 (303) 236-8180
STATE WILDLIFE AND
NATURAL RESOURCES DEPARTMENTS
Colorado
Colorado Division of Wildlife
6060 Broadway
Denver, CO 80216
Montana
(303)297-1192
Department of Fish, Wildlife and Parks
1420 East 6th Avenue
Helena, MT 59620 (406) 444-3186
North Dakota
Game and Fish Department
100 North Bismark Expressway
Bismark, ND 58501 (701) 221-6300
South Dakota
Division of Game, Fish and Parks
Sigurd Anderson Bldg.
445 E. Capitol
Pierre, SD 57501
Utah
Division of Wildlife Resources
1596 West North Temple
Salt Lake City, UT84116
Wyoming
Game and Fish Department
5400 Bishop Boulevard
Cheyenne, WY 82002
(605) 773-3387
(801)533-9333
(307) 777-7631
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24 DIRECTORY OF KEY AGENCIES
STATE WATER QUALITY OR HEALTH DEPART-
MENTS
Colorado
Colorado Department of Health
421OE. 11thAve.
Denver, CO 80220 (303)331-4575
Montana
Department of Health & Environmental Sciences
Water Quality Bureau
Capitol Station
Helena, MT 59601 (406) 444-2406
North Dakota
North Dakota Department of Health
1200 Missouri Ave.
Bismarck, ND 58505 (701) 224-2354
South Dakota
Department of Water & Natural Resources
Joe Foss Bldg.
Pierre, SD 57501 (605) 773-5048
Utah
Bureau of Water Quality Control
Division of Environmental Health
150 West North Temple
P.O. Box 2500
Salt Lake City, UT 84110 (801) 538-6146
Wyoming
Wyoming Department of Environmental Quality
Herschler Bldg. 4th Floor
122 W. 25th St.
Cheyenne, WY 82002 (307) 777-7075
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ADDITIONAL READINGS 25
ADDITIONAL READINGS
Adamus, P.R. and others. 1987. Wetland Evaluation Technique (WET). II.
Department of the Army, U.S. Army Corps of Engineers. (Available from: Depart-
ment of the Army, Waterways Experiment Station, Corps of Engineers, PO Box
631, Vicksburg, Mississippi, 39180-0631).
Brinson, M.M., B.L Swift, R.C. Plantico, and J.S. Barclay. 1981. Riparian Ecosys-
tems: Their Ecology and Status. U.S. Department of the Interior, Fish and
Wildlife Service, Biologial Services Program. FWS/OBS- 81/17. (Available from:
Information Transfer Center, Eastern Energy and Land Use Team, U.S. F&WS,
Route 3, Box 44, Kearneysville, WV 35430).
Eng, R.L, J.C. Peters, and D.A. Childress. 1987. Montana Wetlands: Their Dis-
tribution, Uses, Values, and Future. Proceedings of a symposium and
workshop, June 24 and 25, 1986, Bozeman, Montana.
Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation
Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Sta-
tion. (Available from: Department of the Army, Waterways Experiment Station,
Corps of Engineers, PO Box 631, Vicksburg, Mississippi, 39180-0631).
Greeson, P.E. and J.R. Clark and J.E. Clark. 1979. Wetland Functions and
Values: The State of our Understanding. American Water Resources Associa-
tion (AWRA). 674p. (Available from: AWRA, 5410 Grosvenor Lane, Suite 220,
Bethesda, Maryland 20814)
Hansen, P.L, S.W. Chadde, and R.D. Pfister. 1988. Riparian Dominance Types
of Montana. Miscellaneous Publication No. 49. 411 p. (Available from: Montana
Riparian Association, School of Forestry, University of Montana, Missoula, Mon-
tana, 59812).
Johnson, R.R., C.D. Ziebell, D.R. Patton, P.F. Folliott, R.H. Hamre. 1985. Riparian
Ecosystems and their Management: Reconciling Conflicting Uses. First North
American Riparian Conference. Proceedings of a symposium held April 16-18,
1985, Tucson, Arizona. USDA Forest Service General Technical Report RM-120.
(Available from- U.S. Forest Service, Rocky Mountain Forest and Range Experi-
ment Station, 240 W. Prospect St., Fort Collins, CO 80526).
Johnson, R.R. and J.F. McCormick. 1978. Strategies for Protection and
Management of Floodplain Wetlands and other Riparian Ecosystems.
Proceedings of the Symposium, Dec. 11-13, 1978, Callaway Gardens, Georgia.
U.S. Dept. of Agriculture, Forest Service, General Technical Report WO-12.
Kusler, J.A. 1983. Our National Wetland Heritage: A Protection Guidebook.
The Environmental Law Institute. (Available from: The Environmental Law In-
stitute, Suite 600, 1346 Connecticut Avenue, N.W., Washington, D.C. 20036).
Kusler, J.A., and P. Riexinger, editors. 1986. National Wetland Assessment
Symposium. Association of State Wetlands Managers. Proceedings of a sym-
posium, June 17-20, 1985. (Available from: Association of State Wetland
Managers, Berne, N.Y. 12023).
Mttsch, W.J. and J.G. Gosselink. 1986. Wetlands. Van Norstrand Reinhold Com-
pany, N.Y. 539p.
Mutz, K.M., D.J. Cooper, M.L Scotland LK. Miller (Technical Coordinators). 1988.
Restoration, Creation and Management of Wetland and Riparian Ecosystems
in the American West. Proceedings of a symposium of the Rocky Mountain
Chapter of the Society of Wetland Scientists. 235 p. (Available from U.S. Fish and
Wildlife Service, National Ecology Research Center, 2627 Redwing Rd., Fort Col-
lins, CO.80526-2899).
National Wetlands Newsletter. Published 6 times each year by the Environmen-
tal Law Institute. (Available from: The Environmental Law Institute, Suite 200,1616
P Street NW, Washington, D.C. 20036).
Office of Technology Assessment. 1984. Wetlands: Their Use and Regulation.
OTA-0-206, March 1984. (Available from: Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402).
Platts, W.S., and many others. 1987. Methods for Evaluating Riparian Habitats
with Applications to Management. U.S.D.A. Forest Service. Intermountain
Research Station. General Technical Report INT-221. 177p. (Available from: In-
termountain Research Station, 324 25th St, Ogden, Utah 84401).
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26 ADDITIONAL READINGS
Reed, P.B. 1988. National List of Plant Species that Occur in Wetlands: 1988
National Summary. U.S. Department of Interior, Fish and Wildlife Service.
Biological Report 88(24). 244p. (Available from: Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402)
Sather, J.H. and P.J. Ruta Stuber. 1984. Proceedings of the National Wetland
Values Assessment Workshop. May 23-26,1983, Alexandria, VI. U.S. Fish and
Wildlife Service, Western Energy and Land Use Team. FWS/OBS-84/12. 100p.
(Available from: U.S. Department of the Interior, Washington, D.C. 20240).
Stewart, R.E. and H.A. Kantrud. 1971. Classification of Natural Ponds and
Lakes in the Glaciated Prairie Region. Resource Publication 92. Bureau of Sport
Fisheries and Wildlife. Fish and Wildlife Service, U.S. Department of the Interior.
Tiner, R. W. Jr. 1984. Wetlands of the United States: Current Status and Recent
Trends. National Wetlands Inventory. U.S. Fish and Wildlife Service. (Available
from: Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402)
Van Der Valk, A. 1989. Northern Prairie Wetlands. Iowa State University Press.
Ames, Iowa. 400 p.
Weller, M.W. 1981. Freshwater Marshes; Ecology and Wildlife Management.
University of Minnesota Press. (Available from: University of Minnesota Press,
2037 University Avenue, S.E., Minneapolis, MN 55414).
Windell, J.T., B.E. Willard, D.J. Cooper, S.Q. Foster, C.F. Knud-Hansen, L.P. Rink,
G.N. Kiladis. 1986. An Ecological Characterization of Rocky Mountain Mon-
tane and Subalpine Wetlands. Biological Report 86(11). (Available from U.S.
Fish and Wildlife Service, National Ecology Center, 2627 Redwing Rd., Fort Col-
lins, CO. 80526-2899).
North Dakota Wetlands Workshop. Proceedings of a workshop held 13-15 July
1987. Published by the North Dakota State University Extension Service and the
Environmental Protection Agency. 280 p.
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