INDEX:
---EDITOR'S NOTE---

---EDITOR'S CHOICE---

October Conference To Focus On Wetlands And Migratory Birds

DHEC To Negotiate Legislation To Protect SC Bogs Before Lawmakers Return

CWA: Rapanos Appeal Defeated in Sixth Circuit

WI Seeking Comments on Permanent Rules Related to Job Creation Act

Bush Administration Plans to Gut Roadless Rule

Court Buries Corps' Illegal Permit for Stream Destruction by Mining Companies

Report Released: Status And Trends Of Biodiversity Of Inland Water Ecosystems

---NATIONAL UPDATES---

Bush Administration Lightens Pesticide Reviews For Endangered Species

Up to $1 Million in New Conservation Partnership Initiative Grants Available

Ducks Unlimited, USDA Sign Agreement; USDA to Study Government Conservation Programs

Great Lakes States, Provinces Eye Water Protection

BLM: States, Counties and Tribes Should Have a Stronger Role in Land Use Planning Decisions

Ducks Migrating North Found Poor Breeding Conditions

---LEGISLATIVE UPDATES---

Natural Resources Defense Council's LEGISLATIVE WATCH, 7/29/04

National Water Research Bill Would Combat Drought

---STATES NEWS---

NJ Governor Signs Smart Growth Bill / Highlands Legislation

NJ:  Highlands Water Protection and Planning Act Awaiting Governor Signature

“Bad Bills” Tracked on Michigan Wetlands Action Coalition Website IN:  Environmentalists Fear Anti-Wetlands Rules

Massachusetts Wetlands Restoration Program (WRP) Develops New Web Site

NJ: Builders Win Fight To Ease Rules For Wetlands Houses

MI DEQ Proposes New General Permit For Coastal Wetlands

11,400-Acre Klamath Valley Ranch Protected (OR)

NC: Wetlands Reimbursement Bill Closer To Reality

California Tiger Salamander Protected In Central California

Costs Top $8 Billion For Restoring Florida Everglades

WA: Transportation Department Fined $121,000 For Wetlands Damage

CA: Return To Wetlands Begins As Salt Ponds Now Drain Into Bay

CA: Ballona Wetlands Transferred To State For Preservation

OR: West Eugene Wetlands Harbor Rare Butterfly

New Texas Wildlife Refuge in the Planning Stages

7,200-Acre Wetlands Mitigation Bank Proposed in Louisiana

Grand Bay Shallows Recently Leased For Energy Exploration By Alabama Officials

---PUBLICATIONS AND RESOURCES---

EPA Report: Protecting Water Resources with Smart Growth

New Report On Stormwater Management

EPA Grants Management – New GAO Report

---POTPOURRI---

Wetland Ecologist Southeast USA

Post Doc/Research Technician On Interactions Between Invasive And Native Plants

Research Associate 3 position at the Wetland Biogeochemistry Institute LSU

RAMSAR Wetland Conservation Award - Call For Nominations

---MEETINGS AND CONFERENCES---

For a rolling calendar of meeting, conferences, and other events visit the ASWM calendar.

EDITOR'S NOTE

Dear friends and colleagues,

I have received numerous e-mails and bounce-backs recently indicating that a virus was sent from jennifer@aswm.org.  After ensuring that my virus software is up to date, and running a full system scan, rest assured that this virus is coming from another computer using my e-mail address as an alias.

Sadly, many people have unsubscribed because they think the virus was sent from my computer to theirs.  That is not the case, and never has been. Because so many trust me with delivering information that is safe, I have taken many measures to ensure that my e-mails are sent from a clean computer.   Almost everything doable has been done; from installing and regularly updating quality antivirus software, to making my family members deal with high Internet security restrictions when they log on.  Months ago I even deleted everyone in my address book except about 30 people with whom I correspond regularly (they have never received an infected e-mail from me). aswm-wbn@aswm.org is not in my address book, either, to protect the 2,300 or so subscribers from receiving e-mail from a rogue virus.  The only thing I have not done (and many would argue that I should) is stopped using Outlook.

However, the perception may remain among some that this is perpetrated by my computer (gasp!).  The only way to fight this attack on our inboxes is for EVERYONE to take the measures listed at http://www.its.monash.edu/software/information/viruses/newuser.html  Please work with your friends and colleagues to disseminate these measures to keep e-mail usage feasible now and for the future.

Enough about viruses – please have a safe and enjoyable August, won’t you?

Jennifer Brady-Connor Editor, Wetland Breaking News

EDITOR'S CHOICE

October Conference To Focus On Wetlands And Migratory Birds

The Association of State Wetland Managers (ASWM) invites you to attend the National Symposium Wetlands 2004 entitled "Wetlands and Migratory Birds: Protecting And Restoring Wetlands Of International Significance". The conference will be held October 19-20, 2004 Kansas City, Missouri with an optional Field Seminar (Wetlands and Bird Habitat in Living Landscapes) October 21-22, 2004 to Great Bend, Kansas.  The major goal of this symposium and field seminar is to build wetland/bird partnerships and provide training and technical assistance to attendees to better protect and restore wetlands of international significance. These wetlands include some of the nation's most vulnerable wetlands including Prairie Potholes, playas, bogs, and coastal salt marshes. The symposium will primarily focus on the protection and restoration of wetlands of international significance in the U.S. A portion of the program will be devoted to Canada, Mexico, and the Caribbean. For complete details visit http://www.aswm.org/calendar/wetlands2004/agenda2004.htm

DHEC To Negotiate Legislation To Protect SC Bogs Before Lawmakers Return

7/9/04, by Sammy Fretwell, Staff Writer, The State.Com.  “ . . . For three years, [South Carolina] legislation to protect isolated wetlands has failed to gain approval from the General Assembly because of sharp disagreements between environmental and business groups.  Officials with the state Department of Health and Environmental Control said Thursday they will attempt to resolve the impasse before lawmakers return in January 2005. Chris Brooks, the agency’s coastal division director, said more interest groups should be consulted to forge a palatable wetlands law.  ‘This is a matter of getting the right players to the table,’ Brooks said during an agency discussion of a plan to improve coastal management . . . “  http://www.thestate.com/mld/thestate/news/local/9112678.htm

CWA: Rapanos Appeal Defeated in Sixth Circuit

[From National Wildlife Federation Clean Water Counsel, Jim Murphy.] In a strongly worded decision upholding a civil action against the now infamous John Rapanos for the filling of wetlands (Mr. Rapanos and his wetlands were also the subject of a criminal Clean Water Act case, United States v. Rapanos, 339 F.3d 447 (6th Cir. 2003) with the result being prison time for the intractable Mr. Rapanos), the Sixth Circuit reaffirmed that the holding in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (“SWANCC”), 531 U.S. 159 (2001) is narrow and CWA protections remain broad.  The Court stated that, “[T]he majority of courts have interpreted SWANCC narrowly to hold that while the CWA does not reach isolated waters, it does reach inland waters that share a hydrological connection with navigable waters.”  United States v. Rapanos, 2004 WL 1646356, 6 (6th Circ. July 26, 2004).  In particular, the Sixth Circuit elaborated upon the meaning of adjacency.  Citing SWANCC, it ruled that, “What is required for CWA jurisdiction over ‘adjacent waters,’ … is a ‘significant nexus between wetlands and “navigable waters”’ which can be satisfied by the presence of a hydrological connection. … Waters sharing a hydrological connection are interconnected, sharing a symbiotic relationship.”  Rapanos, supra, 8.

The Sixth Circuit was also critical of the Fifth’s Circuit rather generous reading of the scope of the SWANCC.  The Court stated that: "The Fifth Circuit has adopted the more expansive reading of SWANCC and thus the more limited interpretation of the CWA’s jurisdiction. …  [T]he primary difference between the conclusion reached by the Fifth Circuit and that reached by the Fourth, Sixth, Seventh, and Ninth Circuits concerns the “adjacency” requirement.  The Fifth Circuit requires that the non-navigable water be “truly adjacent to navigable waters” in order to qualify for CWA jurisdiction.  The majority of courts, including this one, however, construe Riverside Bayview and SWANCC to hold that, while a hydrological connection between the non-navigable and navigable waters is required, there is no “direct abutment” requirement." Id. at 8.

WI Seeking Comments on Permanent Rules Related to Job Creation Act

Adapted from the Wisconsin Wetlands Association e-newsletter, 7/26/04.  This spring, the Wisconsin legislature passed Act 118 (AKA Job Creation Act), under which thousands of potentially damaging projects could be exempted from regulation or covered under general permits.  In an attempt to minimize the impact of this law, the Wisconsin DNR recently adopted emergency rules for implementing Act 118. Three weeks ago the Legislature's Joint Committee to Review Administrative Rules (JCRAR) suspended portions of the "emergency rules" that had been in place. The JCRAR felt some of the emergency rules went too far in requiring DNR permit review of construction and building projects.  The emergency rules that remain only last for one year, so the DNR is now holding a series of hearings to gather public comments on the permanent rules. The passage of Act 118 began an era of general water permits in Wisconsin. Supporting good permanent rules is the best chance to minimize the impacts of Act 118 on protection of Wisconsin water resources.  Written comments will be accepted through Aug. 9 and should be addressed to Roberta Lund, Dept. of Natural Resources - FH/3, PO Box 7921, Madison, WI 53707- 7921.  http://www.wiscwetlands.org

Bush Administration Plans to Gut Roadless Rule

Grist Magazine, 7/14/04.  ” . . . Agriculture Secretary Ann Veneman announced a Bush administration plan to scrap the hard-won Clinton-era "roadless rule" . . . The roadless rule, implemented in the final month of the Clinton administration, protects the last remaining untouched wilderness in the American national-forest system -- roughly 60 million of the 190 million acres of national forest -- from mining, drilling, and development. It preserves fish and wildlife habitat and vital watersheds for drinking water. The rule was developed via a process that lasted more than a year, included 600 public meetings, and drew a staggering 2.2 million public comments, more than 90 percent of which were favorable. . . “ http://www.gristmagazine.com/muck/muck071404.asp?source=daily [Comments must be received in writing by September 14, 2004. Federal Register notice and comment instructions are available at http://roadless.fs.fed.us/]

Court Buries Corps' Illegal Permit for Stream Destruction by Mining Companies

NRDC news release, 7/9/04. WASHINGTON - The U.S. Army Corps of Engineers can no longer allow coal companies in West Virginia to bury free-flowing mountain streams with mining waste using a "streamlined" general permit, in the wake of yesterday's court victory by NRDC (Natural Resources Defense Council), Ohio Valley Environmental Coalition and Coal River Mountain Watch. U.S. District Judge Joseph R. Goodwin ruled that the Corps' nationwide permitting of valley fills violates the Clean Water Act. Not only is the Corps barred from authorizing any future valley fills under NWP 21 in West Virginia, but the judge also ordered the agency to revoke previous authorization for 11 permitted mountaintop removal mining operations that would have destroyed more than 26 miles of Appalachian streams in the state.  http://www.nrdc.org/media/pressreleases/040709.asp

Report Released: Status And Trends Of Biodiversity Of Inland Water Ecosystems

Wetkit news, July/August 2004.  “The Secretariat of the Convention on Biological Diversity has published a thorough and insightful 120-page report on the ‘Status and Trends of Biodiversity of Inland Water Ecosystems’ . . . It covers the following major subjects: the condition of and threats to inland water ecosystems; a review of inland water species richness, distribution and conservation status; inland water ecosystems and habitats identified as high conservation priority; and data gaps and information needs, and it includes an informative review of 18 other ongoing assessments of water resources and inland water biodiversity, including those by IUCN, BirdLife, WWF, the Millennium Ecosystem Assessment, CGIAR, LakeNet and others.” Download the report via WetKit at http://www.wetkit.net/modules/1/showtool.php?tool_id=1476

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NATIONAL UPDATE

Bush Administration Lightens Pesticide Reviews For Endangered Species

By John Heilprin, Associated Press via ENN, 7/30/04.  – “[EPA] will be free to approve pesticides without consulting wildlife agencies to determine if the chemical might harm plants and animals protected by the Endangered Species Act, according to new Bush administration rules.  The streamlining by the Interior and Commerce departments represents ‘a more efficient approach to ensure protection of threatened and endangered species,’ officials with the two agencies, EPA and the Agriculture Department said in a joint statement Thursday.  It also is intended to head off future lawsuits, the officials said. Several environmental groups voiced opposition to the move . . . “ http://www.enn.com/news/2004-07-30/s_26320.asp

Up to $1 Million in New Conservation Partnership Initiative Grants Available

USDA news release, 7/27/04 – USDA announced today that up to $1 million is available in fiscal year 2004 Conservation Partnership Initiative (CPI) grants for state and local governments, tribes and nongovernmental organizations that have a history of working with agricultural producers.  CPI is a voluntary program that fosters conservation partnerships and funds projects that focus technical and financial resources on conservation priorities in watersheds of special significance and other geographic areas of environmental sensitivity.  http://www.usda.gov/Newsroom/0309.04.html

Ducks Unlimited, USDA Sign Agreement; USDA to Study Government Conservation Programs

USDA news release, 7/27/04 - USDA announced a cooperative partnership with Ducks Unlimited, Inc. (DU) that will establish a framework of cooperation relative to the conservation and productivity of wetlands, uplands, grasslands and other waterfowl and wildlife habitats on private and public lands.  Activities covered by the agreement include waterfowl and habitat conservation projects, habitat restoration, technical assistance, delivery of information and educational materials, collaboration on habitat and wildlife research, and development of habitat enhancement techniques.  In addition, DU will help train NRCS personnel relative to waterfowl and associated wetland conservation, management and habitat restoration.  http://www.usda.gov/Newsroom/0308.04.html In a separate announcement, the USDA said it is embarking on a five-year effort to study the collective environmental benefits of government conservation programs on agricultural land.  http://www.usda.gov/Newsroom/0299.04.html

Great Lakes States, Provinces Eye Water Protection

ENN, 7/20/04. CHICAGO — “Officials from U.S. states and Canadian provinces abutting the five Great Lakes released a draft agreement Monday that would set standards and procedures governing any proposed diversion from the world's largest surface freshwater system. It would also provide for conservation measures for current use. While there are no proposals to divert massive amounts of water from the lakes, there have been fears that the growing demand for water in the U.S. West — where a multiyear drought has exacerbated a natural scarce water condition — could fuel such plans . . . “ http://www.enn.com/news/2004-07-20/s_25997.asp

BLM: States, Counties and Tribes Should Have a Stronger Role in Land Use Planning Decisions

USDOI news release, 7/19/04.  PHOENIX - Secretary of the Interior Gale Norton announced a change in the Bureau of Land Management (BLM) land use planning rule, which will give states, counties and tribal governments a stronger role in developing BLM land use plans.  The proposed change will formally recognize and define the Cooperating Agency status that may be granted to local, state, tribal and other federal agencies during the land use planning process. Cooperating Agency status permits entities to collaborate in the environmental analyses required by the National Environmental Policy Act (NEPA).  "This is the first change to NEPA in 30 years and it was done to increase public participation," Norton said. The proposed Land Use Planning Rule may be read on the BLM Web site at www.blm.gov. Comments accepted until 9/20/04.

Ducks Migrating North Found Poor Breeding Conditions

USFWS news release, 7/19/04. Migrating ducks returning to important nesting areas in the north-central U.S. and southern Canadian prairies this spring were greeted by dry conditions, according to the U.S. Fish and Wildlife Service's annual waterfowl survey.  Although many areas received winter snow, including a late spring snowstorm in the southern portions of the survey area, the snowmelt was absorbed by the parched ground.  In the traditional survey area, known as the Prairie Pothole region, the total duck population estimate (excluding scoters, eiders, long-tailed ducks, mergansers, and wood ducks) was 32.2 million birds.  This estimate is 11 percent below last year's estimate of 36.2 million birds, and similar to the 1955-2003 long-term average. http://news.fws.gov

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LEGISLATIVE UPDATES

Natural Resources Defense Council's LEGISLATIVE WATCH, 7/29/04

[Excerpts] Before breaking for August recess, a House committee approved huge cuts to the EPA's budget, and Senate Democrats filibustered an anti-environment judicial nominee. Congress is now on recess through Labor Day.

1)  On 7/22, the House Appropriations Committee approved the FY05 appropriations bill that funds the Environmental Protection Agency. The committee slashed the EPA's FY04 budget of $7.75 billion by $613 million, $36 million below the president's budget request. Hardest hit was the Clean Water State Revolving Funds program, which gives states money to set up low-interest loans for water infrastructure projects such as constructing or upgrading sewage treatment plants and repairing old and decaying pipelines. The committee cut $492 million from the $1.35 billion the program received in FY04, even though the EPA projects that $18 billion is needed in FY05 to meet all state needs for water infrastructure. The full House may vote on the bill after summer recess, or the bill may be wrapped into an omnibus spending package with other unfinished appropriations bills.

2)  Overall, the appropriations process has slowed as spending bills have hit roadblocks in the Senate, which has so far approved only one (Defense) of the 13 appropriations bills that Congress is required to pass each year. The Senate did not agree on a budget resolution that sets spending limits for the bills, making their passage more difficult. With few legislative days remaining before the election, observers predict that the Senate will have to return for a lame duck session and consider the outstanding spending bills together as an omnibus package.  For more information on the Bush administration's proposed FY05 budget, see NRDC's budget statement, and NRDC's analysis of the budget. http://www.nrdc.org/media/pressreleases/040204b.asp http://www.nrdc.org/media/docs/040204.pdf

3)  On 7/22, leaders of the House Oceans Caucus -- Reps. Greenwood (R-PA), Farr (D-CA), Allen (D-ME) and Weldon (R-PA) -- introduced OCEANS-21 (H.R. 4900), a comprehensive bill that would establish a national policy to protect, maintain and restore ocean ecosystems. The bill, which builds on the recommendations of two reports by national oceans commissions, would provide necessary mechanisms for ensuring an ecosystems-based approach to oceans management. It also would create national ocean science and education programs to better coordinate management decisions and heighten public awareness of the importance of healthy oceans and coasts.

[NRDC distributes three bulletins by email: the CALIFORNIA ACTIVIST NETWORK ACTION ALERT, EARTH ACTION, and LEGISLATIVE WATCH. To subscribe to any or all of them, go to: http://www.nrdcaction.org/join/subscribe.asp ]

National Water Research Bill Would Combat Drought

WASHINGTON, DC, July 15, 2004 (ENS) – “With drought causing problems across the country, a bipartisan group of senators and congressmen Wednesday introduced legislation to create a federal water technology program to improve water quality and quantity. The bill authorizes $200 million annually for basic and applied research and development in water supply technologies. ‘The Department of Energy National Laboratory Water Technology Research and Development Act of 2004,’ would involve the Department of Energy national lab system in partnership with universities around the country to design and deploy technologies aimed at providing more clean water for residential, commercial, industrial and natural resource use around the country . . . “ http://www.climateark.org/articles/reader.asp?linkid=33589

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STATES NEWS

NJ Governor Signs Smart Growth Bill / Highlands Legislation

From Robert Piel, NJDEP.  Governor McGreevey signed Smart Growth Legislation on July 9, 2004. The bill establishes Smart Growth Areas throughout the state where permits can be approved within 45 days of submission of a technically complete application. If the Agency fails to act within 45 days the permit shall be deemed approved. It also establishes permits by rule for NJ wetlands and floodplain programs, which if certified by professionals qualified and registered in accordance with the Act, must be issued in 45 days. These are also deemed approved if not acted on in 45 days.  One of the key provisions of the legislation is the establishment of a Smart Growth Ombudsman in the Department of Community affairs, which will oversee the expedition of permits and permit processes by state agencies. It establishes Divisions of smart growth in the Dept. of Environmental Protection, Dept. of Transportation and the Dept. of Community Affairs.   For a copy of the Senate version of the Bill, e-mail jennifer@aswm.org.

NJ:  Highlands Water Protection and Planning Act Awaiting Governor Signature

From Robert Piel, NJDEP.  Both the Senate and Assembly have passed the Highlands Water Protection and Planning Act in New Jersey. This bill defines a Highlands Region within which development will be strictly regulated. It establishes a Highlands Water Protection and Planning Council charged with adopting a Regional Master Plan, establishing a Transfer of Development Rights program, defining preservation areas, acquisition areas and developing model land use ordinances, among many other things. It also identifies all watercourses within the region as C-1, which provides them with 300-foot buffers. However, seventeen exemptions are included, exempting things such as brownfield redevelopment, construction of schools and places of worship, single family homes and projects with municipal approval among many other things.  The Governor has NOT signed the Highlands Bill yet.  For a copy of the Bill, e-mail jennifer@aswm.org.

“Bad Bills” Tracked on Michigan Wetlands Action Coalition Website

The Michigan Wetlands Action Coalition has added a new feature to the MWAC website – a "bad bills" table. The table tracks federal and state legislation that threaten wetlands. New to the table: a bill by Representative Palmer and other GOP representatives. “House Bill 6066 changes the state's definition of ‘wetland’ such that townships would be unable to regulate work in these non-contiguous wetlands through local ordinances – trashing a fundamental component of the Wetland Protection Act, and challenging Michigan's home rule tradition. Non-contiguous wetlands were not included in the Wetland Protection Act on a whim. Science has shown that these wetlands provide important functions and values . . . The bill has been referred to the Land Use and Environment Committee.”  http://michiganwetlands.org/

IN:  Environmentalists Fear Anti-Wetlands Rules

7/16/04, by RICK CALLAHAN Associated Press Writer.  FISHERS, Ind. (AP) - “ . . . About four months before his death last year, [Indiana] Gov. Frank O'Bannon vetoed a wetlands bill passed by lawmakers, saying it would not achieve its stated goal of ‘no net loss of wetlands.’ In January, the Legislature overrode his veto, then passed another bill that addressed some of the concerns raised by critics and the Indiana Department of Environmental Management . . . The new law creates a three-tier system for regulating isolated wetlands, giving the highest level of protection to areas dominated by native wetland plants and which have experienced few, if any, changes to their original hydrology.  Timothy Method, deputy commissioner for IDEM, said the agency is working to develop a new permit system and rules for regulating isolated wetlands under the three-class system.  Those rules will be forwarded to the Indiana Water Pollution Control Board, which must revise and adopt them no later than June 1, 2005, said Andrew Pelloso, the chief of IDEM's wetland programs . . . “ http://news.findlaw.com/ap_stories/other/1501/7-16-2004/20040716120003_17.html

Massachusetts Wetlands Restoration Program (WRP) Develops New Web Site

The new Massachusetts Wetlands Restoration Program (WRP) web site is now live on the state's web server.  Hosted within the Coastal Zone Management (CZM) web site, the new WRP site provides in-depth coverage of wetland restoration activities in the Commonwealth.  Restoration advocates will find particularly informative the interactive maps, pictures, and summary descriptions of over 70 active and completed restoration projects.  Maps and summaries are also provided for all wetlands restoration plans and coastal tidal restriction atlases.  An extensive list of links to federal, state, and non-profit restoration resources rounds out the offerings.  CZM and WRP intend for this site to serve as a virtual hub of wetland restoration information in Massachusetts.  Content will be updated frequently and new information will be added on a regular basis.  The WRP home page is located at this web address: http://www.mass.gov/czm/wrp/index.htm

NJ: Builders Win Fight To Ease Rules For Wetlands Houses

7/27/04, By Alexander Lane, Star-Ledger Staff.  “In a decision that could pave the way for home-building on thousands of previously protected acres, the state Supreme Court yesterday knocked down a pair of rules that had sharply restricted development in and around wetlands.  The two rules, enacted in 2001 at the close of Gov. Christie Whitman's tenure, had pushed homes an extra 20 feet away from streams, rivers and other wetlands, and imposed strict limitations on the destruction of seasonal pools, which serve as amphibian habitats . . . The [DEP] expects the decision to spark an influx of applications from builders seeking to fill in the seasonal pools, known as vernal habitat . . . “ http://www.nj.com/news/expresstimes/pa/index.ssf?/base/news-2/10909158758121.xml

MI DEQ Proposes New General Permit For Coastal Wetlands

Michigan Wetland Action Coalition e- Newsletter 7/30/04 - “The Michigan Department of Environmental Quality released for public comment a proposed General Permit (GP) category that . . . would allow one or more shoreline property owners in Grand Traverse Bay and Saginaw Bay, or local units of government on behalf of any or all of their shoreline property owners, to apply for a permit to remove vegetation, impairing the wetland's ability to prevent erosion, provide fish and wildlife habitat and protect water quality. Unlike traditional wetland permit applications, activities that fall under the DEQ's General Permit are not put out for public notice and comment . . . The DEQ is currently soliciting public comments until September 13, 2004 on whether or not to establish this GP category . . . “ Read the MWAC Press Release http://www.michiganwetlands.org/mwac_deq_gp_release.pdf

11,400-Acre Klamath Valley Ranch Protected (OR)

The Trust for Public Land, 7/26/04.  “The Trust for Public Land (TPL), a national land conservation group, announced today it has protected the 11,400-acre Drew's Valley Ranch from development with a voluntary land protection agreement known as a conservation easement. The 11,400-acre ranch is surrounded by the Fremont National Forest and includes nine miles of streams, eight tributary creeks, a lake, and grassy wetlands. The ranch is to more than 185 species of birds, fish, and mammals, including the bald eagle and red-band trout. Through the provisions of the easement, this important habitat will also be permanently protected. http://www.tpl.org/tier3_cd.cfm?content_item_id=15755&folder_id=263

NC: Wetlands Reimbursement Bill Closer To Reality

7/26/04, Herman Wang, Daily News Staff.  “It's taken years of political wrangling, but a wetlands reimbursement bill, long sought by officials in Jones County, is in the final stages of becoming law. The bill, introduced by Sen. Cecil Hargett, D-Onslow, would require state and local government agencies that acquire land for wetlands mitigation in Tier One or Tier Two counties to reimburse those counties for lost tax revenue. The Onslow County Board of Commissioners along with the state Association of County Commissioners endorsed the legislation. Those economically distressed counties, as designated by the North Carolina Department of Commerce, would be paid a sum equal to 20 years worth of estimated property taxes on the reclaimed land . . . “ http://www.jdnews.com/SiteProcessor.cfm?Template=/GlobalTemplates/Details.cfm&StoryID=24331&Section=News

California Tiger Salamander Protected In Central California

Center for Biological Diversity, 7/26/04.  The USFWS released the final decision listing the California tiger salamander in Central California as “threatened” under the federal Endangered Species Act. The protection comes after nearly fourteen years of petitions from scientists and conservation organizations as well as litigation, and enjoys the unanimous support of every single independent scientific expert and wildlife biologist that commented on the proposal. The decision allows certain ranching activities to continue that would otherwise be prohibited, based on the Fish and Wildlife Service’s conclusion that continued ranching in California will help to preserve open space needed by the salamander to survive in the long term. http://www.biologicaldiversity.org

Costs Top $8 Billion For Restoring Florida Everglades

ENN, 7/23/04, By John Heilprin, Associated Press.  WASHINGTON – “Restoring about 2.4 million acres of the Florida Everglades is costing more than expected, federal and state overseers told a House subcommittee Thursday. The initial $1.1 billion estimate for two of the first major projects now approaches $1.6 billion.  The costs have added to the massive 30-year restoration effort's initial price tag of $7.8 billion, which is to be split 50-50 among the state and federal governments.  The two projects involve building reservoirs and stormwater treatment areas and reclaiming 260 miles of roads. The projects set up the broader restoration effort by helping control or capture water from canals and roads in southern Florida . . . “ http://www.enn.com/news/2004-07-23/s_26135.asp  [Also see “Man Refuses State's Millions To Keep Swampy Florida Home,” http://www.enn.com/news/2004-07-06/s_25548.asp ]

WA: Transportation Department Fined $121,000 For Wetlands Damage

WA Dept. of Ecology news release, 7/22/04. OLYMPIA - The Department of Transportation (WSDOT) and its contractor, Atkinson Construction, must pay $121,000 for violating conditions set to protect or replace wetlands and sensitive areas on a highway project along State Route 18 in eastern King County.  The penalty - issued by the Department of Ecology (Ecology) - also covers an Ecology order breached by WSDOT and the contractor to halt work in mitigation, buffer or wetland areas. Damage occurred to eight wetlands.  One of these, on part of a 20-acre site set aside for a mitigation project, was covered with 1.1 acres of fill.  Ecology also found that WSDOT and the contractor performed unauthorized work in the other seven locations that should have been marked off and left undisturbed, some of which were on mitigation sites.  Contractors had damaged or destroyed a total of 1.34 acres without proper authorization. http://www.ecy.wa.gov

CA: Return To Wetlands Begins As Salt Ponds Now Drain Into Bay

By Mike Taugher, CONTRA COSTA TIMES. 7/20/04.  SUNNYVALE – “Workers opened tide gates Monday to begin restoration of salt ponds walled off since the 1940s from the southern rim of the San Francisco Bay.  Opening the 1,350-acre area is the first step in a project that is evoking comparisons to the largest wetlands recovery program in the country, the Florida Everglades.  ‘This is the biggest on the West Coast, and it's the only one that is occurring in the middle of 6 million people,’ said Marge Kolar, the U.S. Fish and Wildlife Service's manager for the Bay's national wildlife refuges.  An additional 2,500 acres of salt ponds will begin draining later this year, she said.  The plan is to allow much of the area now covered by the ponds to revert to marsh and to provide a bonanza of wildlife habitat . . . “ http://www.contracostatimes.com/mld/cctimes/living/science/9196436.htm?1c [Must create account (free) or e-mail Jennifer@aswm.org for complete article]

CA: Ballona Wetlands Transferred To State For Preservation

7/20/04, Tim Molloy, Associated Press.  MARINA DEL REY, CA – “Sixty-two acres of the Ballona Wetlands that were once slated to be part of the Playa Vista development project were officially handed over to the state Tuesday, ensuring they will be protected from development, officials said. In a ceremony at the wetlands attended by environmental groups who have pushed to protect the wetlands, State Controller Steve Westly announced that his office was handing over the land to the state Department of Fish and Game. He planted a native plant to symbolize the revitalization of the land . . . “ http://www.mercurynews.com/mld/mercurynews/news/local/9200698.htm?1c [Must create account (free) or e-mail Jennifer@aswm.org for complete article]

OR: West Eugene Wetlands Harbor Rare Butterfly

7/17/04, By Scott Maben, The Register-Guard.  “Paul Severns has been chasing butterflies since he was 6 years old. Now 28, his personal collection includes between 4,000 and 5,000 specimens from across the West.  All that experience trudging through meadows and prairies paid off this week when Severns stumbled upon a rare butterfly darting around the West Eugene Wetlands. The Great Copper is so rare that everyone thought it was extinct in the Willamette Valley. It survives in Southern Oregon, but was last seen in the valley in 1970. The last record of it in Lane County dates back 50 years . . . “ http://www.registerguard.com/news/2004/07/17/a1.butterflyfound.0717.html

New Texas Wildlife Refuge in the Planning Stages

ALBUQUERQUE, New Mexico, 7/14/04 (ENS) – “Staff from the U.S. Fish and Wildlife Service's Southwest Region are studying the feasibility of establishing a national wildlife refuge along the Neches River in Anderson and Cherokee Counties, Texas and will hold two public workshops to discuss the idea.  The refuge would be limited to about 25,000 acres and would conserve bottomland hardwood wetland forests in the floodplain of the Neches River, the Service says. The area is important habitat for migratory waterfowl, other migratory birds, and resident wildlife that are dependent on riverine wetlands . . . “ http://www.ens-newswire.com/ens/jul2004/2004-07-14-09.asp#anchor8   [Subscriber only for $24/year or e-mail Jennifer@aswm.org for complete article]

7,200-Acre Wetlands Mitigation Bank Proposed in Louisiana

7/3/04, By Mary Swerczek, Times-Picayune.  “ChevronTexaco is proposing turning 7,200 acres of mostly cattle-grazing land in Paradis into cypress swamp and hardwood wetlands to sell to people who want to develop wetlands elsewhere. If approved, the project would be the largest wetlands mitigation bank in Louisiana and one of the few near the state's coast, where such banks are most needed, state officials say . . . But St. Charles Parish politicians are mourning the possible loss of developable land and taxes if the company decides to donate the parcel to a nonprofit conservation group after turning it into a mitigation bank. In its application to the Army Corps of Engineers, the oil and gas company proposes to plant trees and use canals or ditches to water the plat, located on the Bayou Gauche side of U.S. 90 in Paradis. http://www.nola.com/news/t-p/index.ssf?/base/news-1/1088843261282620.xml

Grand Bay Shallows Recently Leased For Energy Exploration By Alabama Officials

7/1/04, By Ben Raines, Mobile Register Staff Reporter.  “ . . . [In] the near future, it may be possible to divine the invisible line between Alabama and Mississippi by connecting the dots between natural gas rigs in the water on the Alabama side of the bay. Just days after Alabama officials granted an oil company the drilling rights to thousands of acres of salt marsh, seagrass beds and oyster reefs on its side of the line, the state of Mississippi on July 1 set aside and protected an equally large stretch of Grand Bay's marshes and shallow open waters on its side.  Mississippi officials explained that Grand Bay and the associated marshes and seagrass beds were simply too valuable to risk damaging. They also noted that the Grand Bay area on the Mississippi side was recently named a National Estuarine Research Reserve, so designated due to the diverse and unmolested habitat . . . “ http://www.al.com/news/mobileregister/index.ssf?/base/news/1091352120108160.xml

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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NEW PUBLICATIONS and RESOURCES

EPA Report: Protecting Water Resources with Smart Growth

EPA has released a new report that will help communities protect water resources and achieve smart growth. Protecting Water Resources with Smart Growth is intended for audiences such as communities, local governments, state and regional planners already familiar with smart growth and are now seeking more ideas on how to protect their water resources. The report documents 75 innovative approaches - including redeveloping abandoned properties, encouraging rooftop gardens, creating shared parking, and promoting tree planting - that state and local governments and water quality professionals can use to achieve their smart growth and water quality goals.  The majority of these policies (46) are oriented to the watershed, or regional level; the other 29 are targeted for specific development sites.  http://www.epa.gov/smartgrowth/water_resource.htm

New Report On Stormwater Management

Catching the Rain: a Great Lakes resource guide for natural stormwater management is a report by American Rivers offers an easy reference to a variety of natural stormwater management approaches suitable for the Great Lakes region.  It is not meant to be a technical design tool, but rather a foundation for education and research on alternative stormwater management techniques, particularly for public works staff, developers, and citizens. This handbook provides basic information on use, space requirements, cold weather considerations, and costs.  Additionally, it lists a variety of sources that can provide further information on technical requirements design, supporting ordinances, and other information.  http://www.amrivers.org/newreportonstormwatermanagement.html

EPA Grants Management – New GAO Report

Grants Management:  EPA Continues to Have Problems Addressing Environmental Results from Its Grants, by John B. Stephenson, director, natural resources and environment, before the Subcommittee on Water Resources and Environment, House Committee on Transportation and Infrastructure. GAO-04-983T, July 20. This testimony describes persistent problems EPA has faced in addressing grants’ environmental results and the extent to which EPA has made progress in addressing problems in achieving environmental results from its grants. It summarizes and updates two reports GAO issued on EPA’s grant management in August 2003 and March 2004. http://www.gao.gov/cgi-bin/getrpt?GAO-04-983T  Highlights - http://www.gao.gov/highlights/d04983thigh.pdf

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POTPOURRI

Wetland Ecologist Southeast USA

Environmental Services, Inc seeks application for wetland ecologist for positions from entry to senior managers.  ESI is a fast growing firm with opportunities for diligent employees with experience in the area of wetland assessment and permitting including mitigation planning, protected species, stream assessment and restoration, client care, contamination assessment, and cultural resources.  We are currently seeking qualified personnel at all levels. Please visit www.esinc.cc to find out more about our office locations.  Send letter of interest and resume to Melissa Frankie, Environmental Services, Inc. 7220 Financial Way, Suite 100 Jacksonville, Florida 32256.

Post Doc/Research Technician On Interactions Between Invasive And Native Plants

Wanted:  Post doc/ Research technician to work on interactions between invasive and native plants in the field, greenhouse and lab at Rutgers University. Work will concentrate on root interaction and community ecology and will take place in various natural and semi-natural setting in New Jersey (mostly wetlands, although even some desert work might be involved!). Start date is somewhat flexible, with fall 2004 September to November being ideal. Tasks include field, lab and greenhouse work, and some supervision of graduates and undergraduates. Funding is available for 2 years and the candidate is strongly encouraged to develop own lines of research within the above stated topic. Please send an electronic copy of your resume/CV, a paragraph with brief statement career goals, and the names and contact of three references to holzapfe@andromeda.rutgers.edu (Dr. Claus Holzapfel, Rutgers University, Dept. of Biological Sciences, http://newarkbiosci.rutgers.edu/Faculty/Claus.html)

Research Associate 3 position at the Wetland Biogeochemistry Institute LSU

Major Duties and Responsibilities: Conduct laboratory and field research dealing with nutrient cycling in wetlands.  Evaluate influence of freshwater diversion on marsh accretion, plant distribution and nutrient processing. Maintain gas chromatograph and other laboratory instruments associated with nutrient analysis (including nitrate, PO-4 and silicate). Assist in report and manuscript preparation including statistical analyses of data.  Construct arc view maps associated with landscape measurements. Willing to conduct both field and laboratory research.  Physical requirement includes fieldwork and long hours (after 5:00 pm) on some days. Able to operate boat and other research vessels.  Minimum Qualifications: B.S. degree in related field or M.S. in Biological/Coastal Sciences. Background in wetland biogeochemistry coastal processes. Anticipated Hire Date:  OPEN (Until suitable candidate selected).  Applications should be submitted to following address: Karen Gros, Wetland Biogeochemistry Institute, Louisiana State University, Ref #028169, Baton Rouge, LA  70803-7511.

RAMSAR Wetland Conservation Award - Call For Nominations