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USE OF THE POLLEN AND PLANT FOSSILS FOR WETLAND CREATION, RESTORATION AND ENHANCEMENT
Presenter/Author: Ben A. LePage URS Corporation 335 Commerce Drive, Suite 300 Fort Washington, PA, 19034 Ben_LePage@urscorp.com
The process of restoring and creating wetlands varies according to location, type and ecological functions that are being enhanced or created. Wetland design, and ultimately, regulatory approval is concerned with aspects such as site selection, hydrology, soil amendments, ecological functions and values, plant selection and long-term monitoring and management. While each of these elements is essential for the ultimate success of the wetland project, the issue of proper plant selection may not have been fully assessed. The selection of the plants that comprise the landscape palate for restoration and creation projects is often based on an inventory of the plants growing locally or from a reference wetland. However, the composition of the flora in most regions of the US, especially near urban centers, has been significantly impacted by human activities and the selected plant palate may not be truly representative of indigenous vegetation. Moreover, continued global warming is likely to significantly impact wetlands, especially those that are tidally influenced. The use of palynology and plant macrofossil analysis provides a means to reconstruct the composition of the vegetative community prior to human intervention, and provides a record of vegetation change that can be correlated with climatic and environmental change. The use of pollen and macrofossil data coupled with historic hydrogeomorphic characteristics may help provide guidance for plant selection, hydrology and restoration. The site’s historical floristic together with the hydrogeomorphic record may aid project success by considering the historic vegetation that was adapted to the regional conditions, past climatic and environmental change, and increased ecological function through potential increased species diversity.
AVOIDING THE MUD: SEEKING CERTAINTY POST-RAPANOS
Presenter/Author: Marina Liacouras Phillips Kaufman & Canoles 150 West Main Street, Suite 2100 Norfolk, VA 23510 (757) 624-3279
The question is "what the regulated community may need to litigate in the wetlands arena post-Rapanos?" The answer is "just about everything." The focus of the regulated community, in this context primarily landowners and developers, is upon the design and completion of a project. When a wetlands permit is required to attain that goal, it takes a place as one of the action items on the project management list. Not only does litigation not have a place on that list, but it is truly at odds with the ultimate goal of project completion. Ironically, the state of the current process for identification of jurisdictional wetlands is so murky that at this point, the regulated community is being forced to the courts for clarification. This presentation will highlight the regulatory community's major questions in the search for regulatory clarity, both addressing issues that have been heard in the courts and anticipating issues that will arise in the future.
VIRGINIA'S COMPENSATORY MITIGATION EXPERIENCE
Presenter*/Authors: Steve Martin Environmental Scientist Norfolk District U.S. Army Corps of Engineers 803 Front Street Norfolk, VA 23510 (757) 201-7787
Virginia has a well-developed compensatory mitigation program.  While permittee-responsible mitigation makes up most of the compensatory mitigation in Virginia (52% in 2005), third party mitigation (mitigation banks and in-lieu fee programs) is an important form of compensatory mitigation. In 2005, mitigation banks provided 37% and In-lieu fee made up 11% of all compensatory mitigation in Virginia.
In 2005, permittee-responsible mitigation was used equally often to compensate for impacts to non-tidal wetlands and streams. Banks and ILF programs provided compensation primarily for impacts to non-tidal wetlands (91% and 71% respectively) and secondarily compensation for stream impacts (9% and 24% respectively).
Currently, Virginia has more than 40 operational mitigation banks and 2 ILF programs. Most banks are single site banks, but the number of umbrella mitigation banks is growing.  Most of Virginia’s mitigation banks are commercial banks.
Third party mitigation (banks & ILF program) service areas are watershed-based. The price of mitigation ranges from a low of $12-16,000/acre (non-tidal wetland in eastern Virginia) to a high of $523,000/acre (tidal mitigation).
Norfolk District Corps, Virginia DEQ along with other federal and state agencies are working to facilitate bank review and approval and to improve performance of all forms of compensatory mitigation.  To that end, we have developed a template MBI and real estate and escrow agreements, a unified stream assessment methodology, and are finalizing mitigation site selection guidelines.  We have implemented an online mitigation bank information system to provide better information to the public on mitigation banking.
ASSESSMENT OF WETLAND RESERVE PROGRAM RESTORATION EFFORTS AS MEASURED BY OCCUPANCY OF AMPHIBIAN METAMORPHS
Presenter/Author: Doreen C. Mengel* University of Fisheries & Wildlife Sciences 302 Anheuser-Busch Natural Resources Building Department of Fisheries & Wildlife Sciences University of Missouri Columbia, MO 65211-7240 (660) 247-1686; dcmgf7@mizzou.edu and David L. Galat U. S. Geological Survey Cooperative Fish and Wildlife Research Unit University of Missouri Columbia, MO
The goal of the Natural Resources Conservation Service’s Wetland Reserve Program (WRP) is “to achieve the greatest wetland functions and values, along with optimum wildlife habitat, on every acre enrolled in the program.”  A key unanswered question is to what extent is this goal being achieved? Approximately 125 WRP tracts are located within the Lower Grand River basin, north central Missouri. We identified three management strategies applied to these WRP tracts over time: walkaways, maximize hydrology, and naturalistic; the latter emphasizing restoring process as well as structure.  Amphibians enable quantifying the WRP goal due to their life history requirements and explicit incorporation of their habitat needs into WRP plans.  Research objectives are to determine (1) if relative species richness of amphibians varies between the three management strategies, and (2) proportion of area occupied by selected metamorphic amphibian species whose life history requirements span the continuum from ephemeral to permanent wetland conditions. Assessing wetland restoration efforts by linking amphibian habitat requirements to the role WRP tracts play in meeting these needs provides an ecological basis to evaluate the success of WRP restoration efforts.  Results will assist making informed decisions regarding future management directions and allocation of limited resources.
GIS-BASED LANDSCAPE-LEVEL HYDROGEOMORPHIC WETLAND CLASSIFICATION
Presenters*/Authors: David H. Merkey, PhD., PWS Parsons, Inc. 1133 Fifteenth Street, NW, 9th Floor Washington, DC 20005 David.Merkey@parsons.com
Many of the wetland classification and assessment methods currently available do not provide resource managers with the information necessary to adequately protect and manage wetland habitats at the regional or landscape level. This failure stems, in part, from the fact that “wetland-by-wetland” methods call for the collection of detailed, time-consuming, and expensive-to-collect site-level data for individual wetlands, requiring resources that management agencies typically lack. A new geographic information system (GIS)-based wetland classification tool that would allow resource managers to assess the potential characteristics and functions of wetlands across large areas quickly and efficiently is proposed. Portions of the Hydrogeomorphic wetland classification method (HGM) have been incorporated to summarize and compare site-level wetland characteristics that can be adapted for regional planning purposes. Landscape-level data is used in the GIS to assign HGM classes and predict wetland characteristics. In order to assign HGM classes to wetlands, polygons (e.g., National Wetland Inventory) are first converted to a raster format. Using spatial relationships and topographic and hydrologic data, individual grid cells are classified into HGM categories based on the following characteristics of each cell: (1) the association with surface water bodies (Lacustrine and Riverine), and (2) the presence of enclosed contours within the wetland (Depressional), and (3) the presence/absence of slope (Slope vs. Flat). Once all individual grid cells are appropriately classified, potential hydrologic functions (e.g., flooding retention, groundwater discharge) can be related, allowing managers to better understand the resources in their jurisdiction.
HOWARD'S BRANCH STREAM AND WETLANDS RESTORATION
Presenter/Author: Keith Underwood* and Erik Michelsen* Underwood & Associates 1753 Ebling Trail Annapolis, MD 21401 (410) 849-3211
This wetland and stream enhancement project was designed to support the reintroduction of an Atlantic white cedar, (Chamaecyparis thyoides (L.) B.S.P.) wetland by creating a seepage wetland supporting an Atlantic white cedar community in a degraded stream valley previously impounded for use as a drinking water reservoir.  A series of cobble weirs and a network of sand berms was placed over a dry lakebed to mimic the hydrology found in natural Atlantic white cedar sites. In April 2001 construction of the Howard’s Branch project was completed with the planting of 1,000 Anne Arundel County, Maryland-endemic Atlantic white cedar. Plants were propagated from the 10 remaining stands of the species on the western coastal plain of Maryland. The modifications necessary to establish the sand seepage hydrology suitable for the establishment of seepage wetlands result in a series of well vegetated pools, sand seepage beds replete with above and below-ground biomass, and flow paths through low areas dominated by native wetland plants.  The physical effect of the pools and their many plant stems is to reduce water velocity and facilitate removal of suspended particles and their associated nutrients and/or contaminants.  Uptake and adsorption of nutrients and contaminants by the plant stems in the pools yields additional benefits.  The sand seepage bed supports organisms and processes which remove nutrients and contaminants as they pass through the sand bed.  The six (6) year old project has been successful and serves as inspiration for similar projects and related applications.
IMPORTANCE OF DISTURBANCE REGIMES IN WETLAND SYSTEMS, UPSTREAM AND COASTAL
Presenter/Author: Beth Middleton National Wetlands Research Center U.S. Geological Survey 700 Cajundome Boulevard Lafayette, LA 70506 beth_middleton@usgs.gov
The large-scale disturbances associated with flood pulsing, high wind, and fire are a part of the dynamics of natural ecosystems. At the same time, reengineering to protect the world's coastal wetlands and inland floodplains from these disturbances has altered the disturbance regime of these reengineered landscapes. Changes in hydrology on floodplains are especially problematic for plants species because regeneration often depends on flood pulsing; the long-term decline in native biodiversity on floodplains may be due mostly to these hydrologic changes. Engineering practices that change the hydrologic conditions on floodplains include the straightening and deepening of river channels, levee protection, and the release of water from dams during times that a damaging to plant growth and regeneration. Attempts to address the altered conditions in reengineered coastal and riverine wetlands usually are not conceptualized on a landscape level. As an example, the creation of small impoundments or diversions on the floodplain can restore hydrologic function. These actions, however, do not address the problems associated with the lack of a landscape-driven flood pulses from river flooding. Hurricanes are another example of large-scale disturbance whose importance in shaping coastal forests is not widely appreciated. Hurricanes expose the trees to wind, tidal surge, and sediment, and may push coastal forests towards dominance by wind-tolerant species. Along the Pearl River, for example, Taxodium distichum survived better than other species after Hurricane Katrina, and this species regenerated in forest openings created by the toppling of less tolerant tree species. A better appreciation of the importance of natural disturbance in wetland function is critical for the development of new approaches for wetland restoration and management
IBIS AND WETLAND QUALITY STANDARDS: USING EMPIRICAL DATA TO DEFINE TIERED AQUATIC LIFE USES IN PENNSYLVANIA WETLANDS
Presenters*/Authors: S. J. Miller*, D.H. Wardrop, and R.P. Brooks Penn State Cooperative Wetlands Center 302 Walker Building University Park, PA 16802 (814) 863-2567; Fax: (814) 863-7193 sjm20@psu.edu; dhw110@psu.edu; rpb2@psu.edu
The Cooperative Wetlands Center at Penn State University has constructed a plant-based index of biological integrity (IBI) for headwater complex wetlands (floodplain, slope, and riparian depressions) in the Ridge and Valley Physiographic Province of central Pennsylvania. The IBI is comprised of eight metrics that show a specific and predictable response along a gradient of anthropogenic disturbance. The index was created using 40 reference sites and validated using a subset of 47 sites assessed as part of the Juniata Wetland Monitoring Project. While IBIs are primarily used for condition assessment, an overarching goal of the assessment process is the use of empirical data to inform water quality standards for wetlands (i.e., wetland quality standards) so that they can be promulgated and codified. Although most monitoring and assessment programs have designated a single aquatic life use for wetlands, more recent efforts have attempted to use biological information to tier designated aquatic life uses to more precisely categorize condition, as well as measure attainment of goals. We used data from our IBI to designate tiers of condition for headwater complex wetlands in central Pennsylvania. To determine breakpoints for our tiers, we compared three different methods: classification and regression tree (CART), mathematical quadrisection, and graphically, using natural data breaks. Each tier was then qualitatively described based on observations of the plant community at our sites. The tiers also indicate thresholds for preservation and restoration, as well as help elucidate stressors that can be mitigated through wetland BMPs to improve condition.
NEW FRONTIERS IN COASTAL PLAIN HEADWATER STREAM RESTORATION IN NORTH CAROLINA
Presenter*/Authors: Tracy Morris*, Jessica Kemp*, and Jim Halley North Carolina Department of Environment & Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 (919) 715-0476
The North Carolina Ecosystem Enhancement Program (EEP) implements stream and wetland restoration projects throughout the State for compensatory mitigation. The purpose of the EEP is to enhance and restore ecological functions of streams and wetlands. In the Coastal Plain, undisturbed headwater streams provide critical hydrologic, biogeochemical and biological functions.  However, in most Coastal Plain areas these headwater systems have been artificially drained to promote agriculture.  In the past, these headwater stream systems were not considered as candidates for stream restoration due to the absence of a defined streambed and stream bank.  Realizing the importance of headwater streams and the limitations on headwater stream restoration, an information paper was developed by the North Carolina Division of Water Quality and the United States Army Corps of Engineers, Wilmington District. The details set forth in the information paper enabled EEP to pursue restoration of headwater stream valleys in the Middle Atlantic Coastal Plain Ecoregion.  The Unnamed Tributary to Pembroke Creek project, located in the Pasquotank River Basin, is one of the first EEP restoration projects to incorporate the methods presented in the information paper.  The proposed project will restore approximately 4,400 linear feet of headwater stream valley.  The restoration design addresses natural valley shape, hydrology, wildlife habitat, site constraints, and the establishment of the appropriate plant community types based on reference conditions.  Three reference sites, including one adjacent to the restoration area, were used to guide plant selection and the design of the restored headwater stream.   Restoration efforts will begin summer 2007 and the site will be monitored for a minimum of five years.
SURVEY METHODOLOGY FOR ASSESSING GEOGRAPHICALLY ISOLATED WETLANDS MAP ACCURACY
Presenter*/Authors: Breda Munoz* Research Statistician RTI International Research Triangle Park, NC breda@rti.org Virginia M. Lesser Associate Professor SRC Director Oregon State University Corvallis, OR lesser@science.oregonstate.edu John Dorney Supervisor, Wetlands Program Development Unit North Carolina Division of Water Quality Department of Environment and Natural Resources Raleigh, NC john.dorney@ncmail.net and Frank Obusek Geospatial Imaging Center for Geographic Information and Analysis NC Department of Environment & Natural Resources Swannanoa, NC frank.obusek@ncmail.net
Wetlands provide significant environmental benefits such as assimilation of pollutants, flood water storage, water recharge and fish and wildlife habitat. Geographically isolated wetlands (GIW) can provide the same benefits as wetlands in general, and are particularly vulnerable to losses from urbanization and agriculture because they are geographically isolated and have varying amounts of regulatory protection. Currently, there is not a dependable and cost-effective method to generate an accurate GIW map without sending a field scientist to perform surveys or requiring image technicians to perform digitalization of aerial photography. By using statistically valid estimates of accuracy rates one can evaluate the quality of the information contained in GIW maps. Accuracy rates are used to describe the misclassification errors of the maps. A probability sampling survey methodology that balances statistical considerations, expert opinion and operational considerations is proposed for assessing the accuracy of GIW maps. The proposed sampling design is based on a stratified multi-stage sampling design that addresses sampling size requirements for the different strata and types of GIWs.  The sampling design also recognizes the need for spatial coverage while minimizing operational efforts. Expressions for design-based accuracy estimates and an estimate of the number of GIWs, as well as their corresponding variances are also provided.
A simulation exercise is used to illustrate the proposed sampling methodology. A GIW map for two eastern North Carolina counties (Robeson and Columbus), created using historical data, was used as the sampling frame. The GIW map was created from a combination of satellite imagery, classification tools to process the imagery and auxiliary information. The sampling methodology was used to randomly select sites from this GIW map. An updated GIW map for the same counties showing exact locations of GIW was used to provide “ground-truth” observations from wetland delineations approved by the US Army Corps of Engineers. Survey based accuracy estimates were calculated by comparing site classification differences, obtained by using both the original and updated GIW maps.
SIGNIFICANT CONFUSION: HOW SHOULD JUSTICE KENNEDY'S "SIGNIFICANT NEXUS" TEST BE APPLIED TO PROTECT WATERS AND ARE COURTS AND THE AGENCIES APPLYING IT CORRECTLY?
Presenter/Author: Jim Murphy Wetlands and Water Resources Counsel National Wildlife Federation 58 State Street Montpelier, VT 05602 (802) 229-0650; Fax: (802) 229-4532 jmurphy@nwf.org
Until 2001, there was little question that almost all waters were protected by the Clean Water Act. However, after two confounding and fractured Supreme Court decisions (SWANCC 2001 and Rapanos 2006), there is now tremendous confusion over what waters the Act covers. There is a growing legal consensus after the 2006 Rapanos decision that for the Act to apply to certain wetlands (and perhaps tributaries and other waters as well), there must be a case-by-case showing of a "significant nexus" between such waters and larger waters more traditionally defined as navigable. Of course, that conclusion raises far more questions than it answers. What is a "significant nexus"? To which waters does the test apply? What factors are relevant in determining such a nexus? Who bears the burden of showing such a nexus? Case law since Rapanos has, not surprisingly, been scattershot in answering these questions. Moreover, recent agency guidance on Rapanos has also failed to produce much clarity. This presentation will look to the Rapanos decision itself, recent case law, and the agency guidance in attempting to answer the tough questions regarding the "significant nexus" test. It will also examine whether courts and the agencies are properly applying test. And it will discuss whether this test provides a workable framework for protecting water resources at all.
DIGITAL WETLANDS: BRINGING THE FIELD TO THE OFFICE
Presenter/Author: Tim Palmer GIS Manager Maryland Environmental Service 7001 Aviation Boulevard, 2nd Floor Glen Burnie, MD 21061 (410) 850-5816; Fax: (410) 850-5315 TPALM@menv.com
The transition from paper to computer does not always come easy.  Historic data and resident knowledge are a legacy unrivaled by today’s technology.  What to do with all of the “necessary” paper documentation being left behind, or in some cases, disintegrating?  What about the first generation databases that are obsolete, or soon will be?  What happens after the last person who retires and takes all of the knowledge and information needed for a public hearing next month?
The Maryland Department of the Environment, Wetlands and Waterways Program staff are answering those questions with the help of digital technology and GIS (Geographic Information Systems).  Digital archival of irreplaceable, legally binding tidal wetlands maps, sophisticated GIS capture of wetlands impact information and instant access to digital wetlands permitting data is just the start.
GIS has become a corner stone of the information technology world.  The ability to analyze years of data trends, track non-point source pollution, or even just check on the status of a permit is accessible with the push of a button or the click of the mouse.  But, careful construction, creative foresight and internal communication are imperative to its success and acceptance.
REMOTE SENSING METHODS FOR MAPPING SPARTINA ALTERNIFLORA MARSH DIEBACK ONSET AND PROGRESSION ON THE GULF AND ATLANTIC COASTS
Presenter/Author: Elijah Ramsey III* U.S. Geological Survey 700 Cajundome Boulevard Lafayette, LA 70506 elijah_ramsey@usgs.gov Charles Bachmann Naval Research Laboratory Remote Sensing Division Coastal & Ocean Remote Sensing Branch Coastal Science & Interpretation Section, Code 7232 Washington, D.C. 20375 Robert Christian East Carolina University Department of Biology Greenville, NC 27858			Amina Rangoonwala AIP World Services, Inc. Marcos Montes, Robert Fusina, and Wei Chen Naval Research Laboratory Remote Sensing Division Coastal & Ocean Remote Sensing Branch Coastal Experiments Section, Code 7231 Washington, D.C. 20375 Amanda Marsh East Carolina University Department of Biology Greenville, NC 27858
We developed remote sensing techniques to map the occurrence of marsh dieback (Spartina alterniflora) at the leaf and canopy reflectance scales.
First, we determined live leaf indicators of marsh impact onset and progression along transects spanning dieback sites in coastal Louisiana.  Results showed that the near infrared (nir)/red ratio followed blue and red while the nir/green ratio mimicked the green and red edge reflectance trends.  The nir/green transect trends best indicated early onset and progression and adequately portrayed later stages of dieback.
Second, we obtained canopy reflectance spectra (~20 m ground resolution) over the leaf analyses transects and at additional non-occupied impact sites. The spectra were analyzed at hyperspectral (e.g., EO1 Hyperion) and broadband spectral (EO1 Advanced Land Imager the Landsat TM) scales.  Both the hyperspectral and broadband spectral indicators identified (1) healthy marsh, (2) live marsh impacted by dieback, and (3) dead marsh, and both provided discrimination of dieback progression.  The hyperspectral data however offered enhanced discrimination of dieback progression and dieback similarity between marsh sites.
Third, we compared our leaf and canopy spectral results associated with the marsh dieback to spectral data collected during and within the two years following a sudden Spartina alterniflora dieback at the Virginia Coast Reserve Long-term Ecological Research site (VCR LTER).  Louisiana Gulf coast results were also compared to leaf and canopy spectral measurements of Spartina alterniflora marsh occupying the barrier islands within the VCR LTER.  Leaf spectral measurements were carried-out similarly while canopy measurements were collected via ground-based or airborne-based hyperspectral collections versus helicopter-based as in the Louisiana Gulf coast.
USING WEATHER RADAR TO ASSESS BIRD USE OF WETLAND RESERVE PROGRAM WETLANDS IN THE CENTRAL VALLEY OF CALIFORNIA
Presenter*/Authors: Lori Randall* U.S. Geological Survey National Wetlands Research Center 700 Cajundome Boulevard Lafayette, LA 70506 (337) 266-8665; Fax: (337) 266-8586 lori_randall@usgs.gov Wylie Barrow U.S. Geological Survey National Wetlands Research Center Lafayette, LA and Jeffrey Buler IAP World Services, Inc Wilmington, DE
The nationwide network of Doppler weather radars (Next Generation Radar or NEXRAD) detects a variety of bird movements, and this radar technology holds enormous potential for providing a broad-scale assessment of the migratory bird use of restored Wetlands Reserve Program (WRP) lands. As a case study, we will use archived radar data to assess the change in waterfowl use of WRP sites before (1996 - 1998) and after (2004 - 2006) restoration for three NEXRAD sites in California's Central Valley. We will estimate relative bird density at sites by quantifying radar reflectivity at the onset of daily bird movements that occur shortly after sunset and near sunrise from November 1 through February 28. These daily, synchronized movements are consistent with the nocturnal feeding flights of wintering waterfowl. We expect to find that seasonal mean radar reflectivity increased at WRP sites after restoration. Our second objective is to aid restoration planning by using an information-theoretic modeling approach to assess the relative importance of site-specific and landscape-scale habitat features (measured from 1km to 10km around sites) in explaining relative bird density at WRP sites.
ARE US FLOODED LANDS AND RESERVOIRS MAJOR SOURCES OF GREENHOUSE GASES?
Presenter/Author: Clark Row P.O. Box 1037 Edgewood, MD 21040 (410) 538-3111
Numerous studies have shown that flooded lands in the tropics, including reservoirs, are major sources of greenhouse gases, particularly highly potent methane.  International controversy has developed over whether GHG emissions from hydroelectric projects partially or completely offset emission reductions from not using fossil fuel.  Artic and boreal flooded lands have lower emissions.
But how significant are GHG emissions from flooded lands in the U.S?  Confident estimates have not been made; the data are not available.  But emission rates could affect future projects justifications.
Environmental conditions of most US reservoirs and other flooded lands suggest they too generate substantial GHGs.  Emissions from US flooded lands have been measured only at a few western reservoirs in dry climates and in the Great Lake, all with relatively clean inflowing water   No studies exist on flooded lands in the Midwest, Northeast, and in the warm humid climate in the South and Southeast.  Water flowing into most reservoirs in the eastern US also carries fertilizer, organic materials, and other pollutants, and little oxygen.  These suggest higher levels of GHG emissions than from natural rivers or lakes.
The presentation will discuss the biogeochemical pathways that generate GHGs, and how they escape to the atmosphere.  It will discuss the numerous conditions that influence the rates of emission, as will the problems of accurate measurement.  Finally it will outline the research needed to determine the extent of emissions of GHGs from US flooded lands.
*Clark Row, of Row Associates, Edgewood, MD, is a consultant on climate change and vegetation for US EPA, other agencies, nonprofits, and firms; former research scientist and economist with the USDA Forest Service; and member of the 2006 IPCC Greenhouse Gas National Inventory Guidelines task group on wetlands.
MAPPING HEADWATER STREAMS IN NORTH CAROLINA
Presenter/Author: Periann Russell North Carolina Division of Water Quality 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 (919) 715-6835
Accurate map representation of headwater stream locations, presence or absence, stream origins and flow duration is critical to the North Carolina Division of Water Quality (NCDWQ), as well as to other public and private entities, for use in 401 program development and implementation. In 2004, NCDWQ, in cooperation with North Carolina State University (NCSU) and North Carolina Department of Transportation (NCDOT), began a stream mapping pilot project to test the effectiveness and feasibility of modeling headwater streams, origins and flow duration using stream data collected in the field combined with landscape data generated from a geographical information system (GIS).  To date, NCDWQ and NCSU have mapped over 600 intermittent and perennial stream origins in 8 ecoregions across the state for modeling purposes. Stream origin and flow duration determinations were conducted using the NCDWQ Stream Identification Guidance Methodology implemented in 1998. Preliminary results indicate logistic regression produces the most effective model for spatial application across EPA Level IV ecoregions. Additionally, intermittent and perennial stream origin field data have provided information regarding stream origin and flow duration characteristics needed for assessment and analyses related to stream mitigation.
DIGITAL DATA ANALYSIS OF THE NATIONAL WETLANDS INVENTORY (NWI) AND CORRELATION WITH WETLAND DELINEATION PROCEDURES
Presenter*/Authors: Alexis E. Sandy* Resource International, Ltd. 9560 Kings Charter Drive Ashland, VA 23005 (804) 377-8369 John M. Galbraith Virginia Polytechnic Institute and State University John H. Brooks III Resource International, Ltd. and Pete Johns New Kent Vineyards
On-site wetland function attribution may be improved by off-site use of aerial photography, satellite imagery, or maps. Off-site methods are recommended by the 1989 interagency manual for use in areas where "information on hydrology, hydric soils, and hydrophytic vegetation is known, or an inspection is not possible…”, but are subject to errors.  The NWI serves as the definitive digital source for wetland resources in the US. The purpose of this study was to test the feasibility of assigning landscape position codes to NWI polygons within the Coastal Plain of Virginia through off-site correlation of digital polygon environmental properties and field-validation. Mean polygon pixel values for six environmental variables for 180 polygons representing six NWI landscape position classes were applied to a cluster analysis. The hydric soil component displayed the greatest variance in relation to position class when compared to elevation and slope curvature, hydrography, Cowardin classification, and vegetation. Flow had an insignificant relationship to landscape position because the random pixel selection often missed linear hydrologic features. Vegetation data had poor resolution and high variability within polygons. Three digital data sets that would improve off-site wetland landscape position assignment include high-resolution leaf-off aerial photography, soils and high vertical resolution elevation data. This conclusion is reinforced by a case study at the New Kent Vineyards demonstrating the use of high-resolution leaf-off aerial photography, LiDAR topography, soils, and NWI data to predict wetlands and landscape position for avoidance and minimization of wetland impacts in compliance with Sections 404(b)1 of the Clean Water Act.
EXAMINING THE LANDSCAPE-LEVEL IMPACTS OF HURRICANES ON COASTAL WETLANDS: A FOCUS ON LOUISIANA
Presenter*/Authors: Kathryn E.L Smith* Florida Integrated Science Center U.S. Geological Survey 600 4th Street South Saint Petersburg, FL 33701 kelsmith@usgs.gov Shea Penland Pontchartrain Institute for Environmental Sciences University of New Orleans 2000 Lakeshore Drive New Orleans, LA 70148 spenland@uno.edu			John A. Barras National Wetland Research Center Coastal Restoration Field Station U.S. Geological Survey P.O. Box 25098 Baton Rouge, LA 70894 john_barras@usgs.gov and John C. Brock Florida Integrated Science Center U.S. Geological Survey 600 4th Street South Saint Petersburg, FL 33701 jbrock@usgs.gov
Coastal wetlands provide valuable services to society and are currently at risk due to the compounding effects of both anthropogenic and natural disturbances. Coastal Louisiana is a prime example of an ecosystem succumbing to the effects of large-scale landscape modification and natural perturbations. Hurricanes impact the northern Gulf of Mexico coast approximately every three years, and there is evidence that these occurrences may be more frequent and more intense in the future. Therefore, it is vital to know the impact of severe storms on coastal wetlands in order to properly evaluate management and restoration goals for such an important resource. Numerous field studies have examined the impact of hurricanes on marsh vegetation, but few studies focused on landscape-level impacts using remote sensing and spatial analysis techniques. The goals of this study were to examine hurricane-initiated wetland loss and recovery, as well as to draw comparisons between two severe storms. Wetland loss and recovery will be presented for two hurricanes which have impacted the eastern Louisiana coast: Hurricane Katrina (August 29th, 2005) and Hurricane Andrew (August 26th, 1992). Both hurricanes made landfall in the Mississippi deltaic plain and were category four hurricanes prior to landfall with similar wind speeds and barometric pressure. These similarities present an opportunity to assess the response of wetlands to hurricane forces, focusing on the spatial characteristics of marsh loss and recovery.
THE RAPANOS INTERAGENCY GUIDANCE AND TOOLS TO SUPPORT CWA JURISDICTION AFTER RAPANOS
Presenter/Author: Peter Stokely U.S. Environmental Protection Agency Office of Civil Enforcement 1200 Pennsylvania Avenue, NW (4110A) Washington, DC 20460 (202) 564-1841
After the Supreme Court ruling in Rapanos v. United States and Carabell v. United States which discussed Clean Water Act jurisdiction and the standards the court felt must be present to exert CWA jurisdiction, the EPA and the Army Corps of Engineers produced an interagency guidance document entitled Memorandum Regarding Clean Water Act (CWA) Jurisdiction Following the U.S Supreme Court’s Decision in Rapanos v. United States and Carabell v. United Stats. The purpose of the interagency guidance was to provide a focused discussion of the types of considerations and standards agency staff must consider when exerting CWA jurisdiction after Rapanos. This presentation outlines geo-spatial tools, desktop analysis methods, data sources and techniques for demonstrating the standards for CWA jurisdiction discussed in the interagency guidance. Specifically, the presentation discusses GIS mapping, aerial photography interpretation, scientific literature, and modeling as tools for demonstrating the standards of jurisdiction after Rapanos.
CHALLENGES IN ADDRESSING THE GAPS - FLORIDA'S APPROACH TO ISOLATED WETLANDS AND STORMWATER
Presenter/Author: Jim Stoutamire Florida Department of Environmental Protection 2600 Blair Stone Road, MS 2500 Tallahassee, FL 32399-2400 (850) 245-8490
Today, in 4/5s of the state, Florida operates an environmental resource permit program.  Previously, the state operated a dredge and fill program addressing activities in contiguous wetlands and four of five water management districts operated a management and storage of surface water program.  The latter program developed from earlier flood control programs that evolved into a stormwater program addressing the flow of water across the surface of the land, including isolated wetlands.  Thus, by the late 1980's, Florida had two water regulatory programs and five different wetland delineation methodologies.  In the early 1990's, one wetland delineation method was adopted and the regulatory programs were merged into the ERP program, with isolated wetlands subject to "environmental" criteria.  However, Northwest Florida was "grandfathered" and continued to operate under the dredge and fill rules that excluded isolated wetlands, even while using the new wetland delineation methodology, and older stormwater rules.  This all changed in 2006 when the Legislature directed the state and the Northwest Florida WMD to develop ERP rules for Northwest Florida.  Phase 1 of those rules update the stormwater regulatory program and are anticipated to be in place in the fall of 2007; Phase 2 rules will, in 2008, implement a full ERP program including isolated wetlands.  In addition to creating the ERP program Florida has linked that process to authorizations to use state owned submerged lands, effectively merging three review processes into one.
COMBINING AUTOMATED AND MANUAL TECHNIQUES FOR ACCURATE NWI MAPPING
Presenter*/Authors: Pamela Swint* and Kevin McGuckin Conservation Management Institute 1900 Kraft Drive Blacksburg, VA 24061 (540) 231-3539; Fax: (540) 231-7019 www.cmiweb.org
Providing accurate and consistent wetland maps is important for land managers who choose areas to receive habitat protection and also for environmental researchers conducting geospatial analysis.  The Conservation Management Institute at Virginia Tech has been working with the USFWS to create an “enhanced” NWI dataset.  This “enhanced” information provides high resolution wetland data along with additional attributes pertaining to landscape position and change detection.  We used a combination of manual and automated techniques with high resolution imagery and ancillary data to produce spatially accurate wetland maps for regions in New York and Virginia.  In the initial process, we used Feature Analyst software to delineate water bodies and vegetative wetlands.  Additional methods such as masking wetlands by slope and hydric soils, and topographic map interpretation were then used to produce a high-quality dataset.  Our method also includes providing attributes needed for the Landscape Position, Landform, Water Flow Path, and Waterbody Type (LLWW) process. This technique increased spatial accuracy over previous methods and reduced overall processing time. The results are less subjective and show more detail than commonly used manual methods.  We also provide a quantitative assessment of the time involved using this process compared to traditional heads-up digitization.
THE INFLUENCE OF STATE WETLAND REGULATIONS UPON THE SECTION 404 PROGRAM
Presenter/Author: Ryan Taylor Oregon State University 3147 Forest Hills Drive #4 Medford, OR 97504 (541) 779-5707
This ten-year study examines how selected outcomes of the Section 404 program during the turn of the 21st century may have been influenced by the implementation of similar statute-based state-level programs.  Through this investigation, three voids in the wetland management literature have been addressed.  First, a case for Wetland Regulatory Units has been described for the first time as real and consequential components of the regulatory landscape.  Second, relationships between the outcomes of the national wetland regulatory program and local socioeconomic and landscape conditions such as population size, growth rates, income, wetland abundance, and program funding levels are quantified.  Finally, a model describing the amount of wetland fill permitted and the number of permits issued by the national government is constructed from these relationships.  The accomplishment of these tasks produces several new evaluative tools and insights that may be used by state and national government wetland managers to more efficiently and effectively implement their programs.
The results reveal that some, but not all measures of the national wetland regulatory program's outcomes are influenced by state programs.  There is no evidence that the amount of wetland fill permitted by the national government differs measurably in accordance with the presence of any type of active state wetland regulatory program.  Strong evidence exists, however, that the number of permits issued is directly related to the presence of statute-based state programs.  Furthermore, these same programs exhibit similar relationships to the national program as do state programs that are empowered mainly through their Section 401 authorities.
Therefore, when it comes to wetland regulation, the traditional assumptions of American federalism are inadequate.  The United States does, indeed still have two different levels of government operating within the same physical jurisdictions, however, their programs are quite capable of exhibiting measurable influence upon one another.
EXPANDING NATIONAL WETLANDS INVENTORY DATA TO PREDICT WETLAND FUNCTIONS FOR WATERSHEDS
Presenter/Author: Ralph W. Tiner U.S. Fish and Wildlife Service Northeast Region 300 Westgate Center Drive Hadley, MA 01035 ralph_tiner@fws.gov
The U.S. Fish & Wildlife Service’s National Wetlands Inventory (NWI) Program has produced wetland maps since the mid-1970s.  Map data have been converted to digital data for over 50% of the country.  The availability of this and other geospatial data (e.g., stream, soils, and topography) make it possible to expand the NWI data to include landscape-level properties that significantly increase the functionality of the NWI database.  Four main features that can be added to the maps are: 1) landscape position (the relationship between a wetland and an adjacent waterbody if present), 2) landform (the shape or form of a wetland), 3) water flow path (the directional flow of water in a wetland), and 4) waterbody type (more specific classification of ponds, lakes, rivers, streams, and estuaries).  When combined with the existing NWI characteristics (ecological system, subsystem, class/subclass, water regime, and other modifiers), the NWI database becomes a powerful analytical tool that can be used to better characterize wetlands (e.g., how many palustrine wetlands are associated with rivers or streams; how many are geographically isolated?), to predict wetland functions for watersheds, and produce maps and statistics for watershed assessments.  To date, correlations between the enhanced NWI data and 10 functions have been developed: 1) surface water detention, 2) streamflow maintenance, 3) nutrient transformation, 4) coastal storm surge detention, 5) sediment and other particulate retention, 6) shoreline stabilization, 7) provision of fish and shellfish habitat, 8) provision of waterfowl and waterbird habitat, 9) provision of other wildlife habitat, and 10) conservation of biodiversity.  Application of the enhanced NWI database for predicting wetland functions will be demonstrated and comparisons made between selected watersheds in the Northeast.
AN INTEGRATED APPROACH TO MONITORING AND PREDICTING PHRAGMITES AUSTRALIS IN A MANAGED SOUTH CAROLINA ESTUARY
Presenter*/Authors: Samuel P. Walker* and Dwayne E. Porter Department of Environmental Health Sciences Arnold School of Public Health University of South Carolina 921 Assembly Street, PHRC 401 Columbia, SC 29208 (803) 777 3978
Increasing concern over the effect of non-native and invasive plant species on the estuarine resources of the United States has prompted recent efforts to effectively quantify and monitor these species. The advantages of using remote sensing technology to address this issue are numerous, and this investigation seeks to further establish the benefits that image processing, as part of an integrated modeling approach, can provide to coastal resource managers. Due to the expansive coastal environments that exist in the southeastern United States, the estuaries there represent ideal sites to further these research efforts.  Although the common reed (Phragmites australis) is considered one of the most aggressive species currently encroaching upon coastal ecosystems, questions remain regarding the ultimate benefits and detriments of this species. The study seeks to contribute to that discussion by providing new scientific data through an integrated approach that combines in situ sampling, remote sensing, geographic information processing, predictive modeling, and statistical analyses. This investigation is comprised of three principal elements; 1) the evaluation of specific remote sensing datasets in the identification and mapping of Phragmites; 2) the development and testing of a spatial-temporal model for predicting the establishment of Phragmites in a managed National Estuarine Research Reserve (NERR) and; 3) an examination of the most effective methods for implementing these techniques within the existing structure and management practices of a NERR.  This presentation will highlight the experimental design, image processing techniques, modeling results, and benefits of the study.
IKeywords: Phragmites, Remote Sensing, Modeling, Estuaries
STREAM RESTORATION POLICY IN THE OUTER COASTAL PLAIN OF NORTH CAROLINA
Presenter/Author: John Dorney North Carolina Division of Water Quality Raleigh, NC john.dorney@ncmail.net and Tom Walker* U.S. Army Corps of Engineers Asheville, NC
Stream mitigation has traditionally involved restoration of stable dimension, pattern and profile in order to address streambank stability issues as well as habitat restoration through planting of wooded buffers and construction of hard structures. However in the outer coastal plain, streambank stability is a less important issue due to much gentler slopes and less erosive velocities.  Additionally, wetlands are almost always present adjacent to stream channels and in small watersheds, surface flow tends to be as much diffuse flow as channel flow.  In order to reflect these unique characteristics of outer coastal plain streams, the US Army Corps of Engineers and NC Division of Water Quality developed and implemented a new guidance document with the assistance of a variety of stakeholders. This guidance (now in its second version) allows stream mitigation credits on headwater, coastal plain streams by filling in existing ditches and planting adjacent wooded buffers without the extensive earth moving needed to create stream sinuocity.  Success criteria include evidence of surface flow, establishment of adjacent wetlands, restoration of an aquatic community and tree growth all with respect to reference conditions.  This guidance has been used by several public and private mitigation providers in the outer Coastal Plain over the past several years.  Examples of restoration done under this guidance will be discussed.
GEO-ENABLED SEA LEVEL RISE MODEL
Presenters*/Authors: Bill O. Wilen Ph.D National Wetlands Inventory U.S. Fish and Wildlife Service 4401 North Fairfax Drive, Room 400 Arlington, VA 22203 (703)-358-2278; Bill_Wilen@fws.gov
The Sea level Affecting Marsh Model (SLAMM) simulates the dominant processes involved in wetland conversions and shoreline modifications during long-term sea level rise.  A complex decision tree incorporating geometric and qualitative relationships is used to represent transfers among coastal classes.  Each site is divided into cells of equal area, and each class within a cell is simulated separately.  Map distributions of wetlands are predicted under conditions of accelerated sea level rise, and results are summarized in tabular and graphical form.
There are four primary processes modeled within SLAMM that affect wetland fate under different scenarios of sea level rise:  inundation, erosion, overwash, and saturation.  To account for inundation, the rise of water levels and the salt boundary is tracked by reducing elevations of each cell as sea levels rise. Erosion is triggered based on a threshold of maximum fetch and the proximity of the wetland to estuarine water or open ocean.  Overwash of barrier islands of under 500 meter width are assumed during each 25 year time-step due to storms encountered.  Beach migration and transport of sediments are calculated.  Saturation occurs as a response of the water table to a rising sea level and coastal forested wetlands and fresh marshes migrate onto adjacent uplands close to the coast.
All the digital data needed to run SLAMM can be downloaded from the web. NOAA tidal data are first used to first set up 30 meter by 30 meter cells in which to run the model.  SLAMM uses National Wetlands Inventory (NWI) wetland classification categories to form the basis of the model, converted into SLAMM categories. NWI categories are also used to refine elevation estimates for each cell.  Data on dikes, available as an NWI data attribute, show whether each cell is protected by dikes or not.  Digital elevation map (DEM) data (meters) are used to calculate partial changes in cell composition as the sea level rises.
POLICING THE BOUNDARIES BETWEEN LAW AND POLICY IN THE SECTION 404 PROGRAM
Presenter/Author: Doug Williams Professor of Law Saint Louis University School of Law (314) 977-2786; williaj2@slu.edu
Over the years, the courts have struggled to mark the boundaries of regulatory authority under Section 404 of the Clean Water Act.  The principal areas in which the boundary problem rages are well known and continuing.  The Supreme Court’s decision in Rapanos did little, if anything, to clarify Section 404’s key jurisdictional term, “navigable waters.”  More recently, in National Association of Home Builders v. U.S. Army Corps of Engineers, the District Court for the District of Columbia enjoined enforcement of the “Tulloch II” rule, which defined the statutory term “discharge of dredged material” to include most “use[s] of mechanized earth-moving equipment to conduct landclearing, ditching, channelization, in-stream mining or other earth-moving activity in the waters of the United States.”
Court decisions involving Section 404 exhibit significant confusion and disagreement within the judiciary about whether formal or functional considerations should predominate in discerning the boundaries of regulatory authority.  The tools of the formal approach are dictionaries and other general legal aids to discerning statutory meaning.  The formal approach emphasizes the courts’ responsibility to “contain” regulatory authority within a boundary of law.  The primary tools of the functional approach, by contrast, are general policies, science, and more specific empirical considerations.  The functional approach emphasizes agency expertise and the limited role of the courts in the implementation of complex regulatory programs and policies.  The tension between formal and functional approaches roughly parallels the tension between law and policy.
This paper will review the trajectory of formal and functional considerations in the cases with particular emphasis on the evolution of the Tulloch rule.  It will suggest that the decision in National Association of Home Builders swings too much toward formalism,  brushing a very thin veneer of law over complex policy choices that are neither foreclosed nor mandated by the terms of Section 404.  The paper will make suggestions about how functional considerations may properly be accorded significant weight by the courts.
The argument presented in the paper has ramifications beyond the discrete boundary problems involved in Rapanos and National Association of Home Builders. The argument is an important step toward recognizing the appropriateness, and legality, of “watershed-wide strategies to maximize wetland ecological and social services.”
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