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August 24, 2006

INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·

Army Corps Re-Examines Its Ditch Regulations

· Experts Assess Significance Of Chevron Victory In Texas Spill Case
· Northern California River Watch v. City of Healdsburg, No. 04-15442 (9th Cir. Aug. 10, 2006)
· Call For Papers Open For Mitigation Banking Conference
· Senate Hearing On Federal Wetlands Regulation
· Senate Subcommittee Seeks Clarification of Rapanos/Carabell - Sitting In At The Hearing
· Florida Seeks Authority over State Wetlands
· Kentucky Seeks State Control of Wetlands Program
· Fond du Lacs Enact Wetlands Protection and Management Ordinance
· Editorial: What's a Wetland, Anyhow?

---NEWS OF NATIONAL SCOPE---

·  

Federal Catch-22 Snares Wetlands Enforcement

·  Dying Salt Marshes Puzzle Scientists
·  Drought, Water Worries Cloud Skies for U.S. Farmers
·  

Interior To Open Alaska Wetlands To Oil Rigs

· 

Draft Guidance: National Management Measures to Control NPS Pollution

· Pacific Mangrove Forests Vulnerable to Rising Sea Levels
· USFWS: National Duck Population Higher than Average
· DU to Help Conserve Buffer Habitats Near Army Installments
· Oswego River Removed From List of Polluted Areas

---LEGISLATIAVE NEWS---

· Water Resources Development Act Passes Senate!
· U.S. Senate Votes to Require Peer Review of Army Corps Projects

---NEWS FROM STATES---  

· Vermont's Clean and Clear Program Funds First Project
· Stormwater Controls Recommended for New York City's Jamaica Bay
· CA: Rare Flower Sparks Housing Fight
· Acquisition of Wetlands in Staten Island an Eco-Smart Investment
· CA: Wetlands Give UC Merced Growing Pains
· Nevada Wetlands Teaming With Bird Life Another Wet Winter
· Southern CA Wetlands to Reunite With Ocean
· US Reaches Settlement With Currahee Club LLC [GA] For CWA Violations
· Louisiana Builds New Land With River Mud
· New York Ocean And Great Lakes Ecosystem Conservation Council
· Wetland Rating System For Eastern and Western Washington State
· Article: How The Energy Business Is Drowning Louisiana
· CA: Campaign Launched to Protect the Verde River
·  

NJDEP: Builder Violated Wetlands Rules, Fined $763,500

·  

Engineers to Build Everglades Reservoir

·  

Montana Transportation Workers Admit Violating Act

---REPORTS, PUBLICATIONS AND RESOURCES---

· 

[Report] Riparian Setbacks: Technical Information for Decision Makers

·

Economic Value Of Great Lakes Coastal Marshes Proves Protection Is Worthwhile

·

RADARSAT-2: Will it upstage Landsat for wetland inventory and monitoring?

·

Water And Wetland Resources: AREI, 2006 EDITION

· New Guide Helps To Identify Submerged Aquatic Vegetation
· EPA and WEF Sponsor Webcasts on Third-Party TMDL Development

---POTPOURRI---

· 

EPA Releases RFPs for Great Lakes Grants

·  

Forget The Thermometer, The Mercury Really Is Rising

·  

USFWS Announces RFP for Landowner Incentive Program

·  

Applicants Sought for $19 million in Watershed Grants

· Coastal Management Grants Now Available
· Ducks Unlimited Unveils Wetlands Campai
· Dredging Company Fined $735,000 For Ocean Dumping Violations
· Job Opening for Environmental Analyst with NEIWPCC in Lowell, MA

---MEETINGS AND CONFERENCES---

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

EDITOR'S NOTE

Dear Friends and Colleagues,

ASWM staff are headed off to Wetlands 2006: Applying Scientific, Legal, and Management Tools to the Great Lakes and Beyond. August 28-31, 2006, which includes a GIS Remote Sensing Workshop and a special legal symposium: Wetlands and Other "Waters of the U.S." Legal Issues and Challenges. This meeting will take place at the Grand Traverse Resort, near Traverse City, Michigan. Visit http://www.aswm.org/calendar/wetlands2006/wetlands2006.htm for complete details! New this year is a poster for Wetlands 2006 by local Michigan Artist Glenn Wolff that will be available for sale as numbered signed prints before and during the conference. Be sure to stop in and say hello!

Special thanks to this edition's contributors, including Bill Moyer, ASWM Board member; Patty Riexinger, NYSDEC; Mike Wylie, EPA; Todd Tillinger, US ACOE; Stephen Wilson, Hudson River Environmental Society; Richard Gitar, Fond du Lac Reservation; April Moulaert, VT ANR; Kristin Hoelting, Restore America's Estuaries; Carlene Bahler, Tetratech; Dalynn Knigge, Rutgers University; Judy Bailey, EPA; and Jason Daniels, EPA. A special thanks to Julie Sibbing for keeping so many people informed about the impacts of SWANCC and subsequent rulings - great job!

Happy Labor Day everyone,
Jennifer Brady-Connor
Editor, Wetland Breaking News

EDITOR'S CHOICE

Army Corps Re-Examines Its Ditch Regulations
 

[Policy News from Ecological Society of America's Public Affairs Office, August 18, 2006.] The Army Corps of Engineers will re-examine its regulation of ditches in light of the Supreme Court's fractured decision on two key wetland cases. The corps withdrew its 'Philadelphia Ditch Rule' in the wake of the Supreme Court's June ruling in Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers. The rule asserted the Corps' jurisdiction over ditches as "navigable waters" under the Clean Water Act in Delaware, southern New Jersey and eastern Pennsylvania.

The National Association of Home Builders (NAHB) hailed the withdrawal of the ditch rule as a victory for housing affordability. The group contends that excessive regulatory costs -- which include the cost of complying with rules regarding wetlands -- often top $40,000 per house. The group said that it supports protecting water quality, but takes issue with the Corps' interpretation of its jurisdiction.

The Army Corps says the rule was withdrawn pending guidance from Washington on how to proceed after Rapanos.

The joint Supreme Court cases yielded five opinions totaling more than 100 pages that resulted in little consensus regarding the central question of whether the Clean Water Act protects wetlands adjacent to small tributaries that flow into larger water bodies.

A plurality of justices agreed in principle that the Army Corps and the Environmental Protection Agency misinterpreted the law when they denied permits to two Michigan landowners on wetlands that are not connected to 'navigable waters.' But Justice Kennedy disagreed in a concurring opinion that called on the Corps to consider in each case whether the wetlands at issue possess "a significant nexus" with navigable waters.

Justice Scalia wrote that the phrase "waters of the United States," as written in the Clean Water Act, was not intended to include ditches, canals and other channels through which water flows intermittently or ephemerally.

 

Experts Assess Significance Of Chevron Victory In Texas Spill Case

Lucy Kafanov, Greenwire reporter. "Within days of a controversial Supreme Court ruling questioning the scope of federal wetlands regulation, a federal judge in Texas cited the High Court decision as he blocked the government from penalizing Chevron for an oil spill in a dry creek bed. The Chevron case in the U.S. District Court for the Northern District of Texas was the first to cite the Supreme Court's June rulisng in two Michigan cases, Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers. At issue: Does the Clean Water Act protect wetlands without clear, direct links to larger water bodies? Experts are assessing District Judge Sam Cummings' summary judgement in United States of America v. Chevron Pipe Line Co. for hints at how Rapanos might play out in future cases . " http://www.aswm.org/wbn/060824c.htm

 
Northern California River Watch v. City of Healdsburg, No. 04-15442 (9th Cir. Aug. 10, 2006)
 

From National Wildlife Federation. In the first Federal Circuit Court of Appeals ruling to consider Clean Water Act jurisdiction after the Supreme Court's decision in Rapanos v. United States, 126 S.Ct. 2208 (2006), the Ninth Circuit affirmed CWA protection for a pond adjacent to the Russian River in northern California. The case involved Basalt pond, a roughly one-half mile long by a quarter mile wide pond with surrounding wetlands that receives wastewater discharges from Healdsburg's waste treatment plant. The pond is approximately fifty to several hundred feet from the Russian River, a navigable water way. It had been shown that significant amounts of water and discharge flow from the pond into the river through an aquifer and that the levee separating the two waters occasionally breaches. [Full e-mail text at http://www.aswm.org/wbn/060824a.htm]


Call For Papers Open For Mitigation Banking Conference
 

10th Anniversary National Mitigation & Conservation Banking Conference. THE NEXT DECADE OF BANKING. April 10-13, 2007, St. Louis, MO. The only national conference that brings together key players in this industry, and offers quality hands-on sessions and important regulatory updates will focus on the next decade of banking as it learns from the past and looks to the future. Drawing approximately 400 attendees, the Conference will offer perspectives from bankers, regulators, and users, and will include field trips, primer and stream mitigation banking workshops, Corps IRT training workshop, Banker & Regulator forums, general sessions featuring key players in industry, interactive concurrent sessions with banker, regulators - and user perspectives, exhibits, networking opportunities -- receptions, luncheons, breakfasts -- & more. CALL FOR PRESENTATIONS DUE OCTOBER 4, 2006. For detailed information on the Call for Presentations, see www.mitigationbankingconference.com or call Carlene Bahler at 703-837-9763.

     
Senate Hearing On Federal Wetlands Regulation
 

Excerpt from MWAC Newsletter http://michiganwetlands.org/enews/August11.2006.htm 8/11/06. On August 1, the Senate Environment and Public Works Subcommittee on Fisheries, Wildlife, and Water held a hearing "Interpreting the Effect of the U.S. Supreme Court' s Recent Decision in the Joint Cases of Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers on 'The Waters of the United States.'" The hearing was to determine whether Congress needs to clarify the Supreme Court positions regarding federal jurisdiction of wetlands. . As with the Supreme Court decision, there was no consensus at the hearing. In response to the decision and hearing, the EPA and Corp will work "to develop interim guidance regarding the tests defined by the Supreme Court in the Rapanos/Carabell decision, in order to provide clarity for the public and to ensure consistency among CWA jurisdictional determinations nationwide". To view hearing testimony, visit: http://epw.senate.gov/hearing_statements.cfm?id=259992

 
Senate Subcommittee Seeks Clarification of Rapanos/Carabell - Sitting In At The Hearing
 

Past ASWM Board Member Bill Moyer attended the Subcommittee hearing and provided us with the following description of the hearing: Over thirty years ago, fresh out of graduate school, I asked during a job interview with the Delaware Department of Natural Resources and Environmental Control what would happen to my position when all of the pollution was cleaned up. That's the truth! I actually thought of this while walking in 100-degree heat on August 2 from Union Station to the Dirksen Senate Building. I was going to hear testimony before the Senate Subcommittee on Fisheries, Wildlife, and Water titled "The Waters of the United States - Interpreting the Rapanos/Carabell Decision." Could it be that I was pondering why, after 34 years since the enactment of the Clean Water Act, we still are not certain what waters are subject to its provisions?

The room in which Senators Clinton, Murkowski, Inhofe, Jeffords, Lautenberg, and Chafee (Chairman) conducted the hearing seated only 60 so there was standing room only - and many people were . [For the full article visit http://aswm.org/fwp/moyer_subcommitte_82506.htm]

 
Florida Seeks Authority over State Wetlands
 
James M. Taylor, Environment News, 8/1/06. "Buoyed by water quality that has dramatically improved under the Jeb Bush administration and an efficient wetlands permitting process, Florida officials are seeking greater autonomy from the federal government in regulating the state's wetlands. Dispelling any fears that removal of federal oversight would signal a lessening of state concern for its waterways, Gov. Bush (R) on June 15 signed into law a bill imposing more stringent pollution standards on stormwater runoff and expanding the state's definition of wetlands subject to environmental regulation. " http://www.heartland.org/Article.cfm?artId=19482
 
Kentucky Seeks State Control of Wetlands Program
 
Jeff Edgens, Environment News, 8/1/06. "A June 5 meeting of a Kentucky Environmental and Public Protection Cabinet task force indicated the state is well on its way to assuming control of the Federal Clean Water Act Section 404 program for wetlands in the state . If things go according to plan, Kentucky will be only the third state to do so. Michigan and New Jersey are the other two. Kentucky officials want to take on the process in order to improve efficiency and state control of decision-making regarding wetlands. Since the beginning of the year a broad array of federal and state agency officials, environmental groups, and industry representatives have met 11 times to research state control over wetlands permitting. Six months of meetings culminated in a two-day consensus process . " http://www.heartland.org/Article.cfm?artId=19483
 
Fond du Lacs Enact Wetlands Protection and Management Ordinance
 
On June 15, 2006, the Fond du Lac Reservation Business Committee adopted Resolution #1165/06, which enacts the Fond du Lac Band of Lake Superior Chippewa Wetlands Protection and Management Ordinance (Ordinance #03/06). The Wetlands Protection and Management Ordinance (WPMO) applies to all wetlands on all real property within the external boundaries of the Fond du Lac Indian Reservation located in Northeast Minnesota. The WPMO closely follows U.S. Army Corps of Engineers regulations, but contains more restrictions, especially in regards to wetlands located within 300 feet of any designated wild rice lake. It also closes any real or perceived loophole created by past and recent Supreme Court of the United States (SCOTUS) decisions including Rapanos et ux., et al and SWANCC. Notification to the Fond du Lac Office of Water Protection will also be required for nearly all exemptions prior to the commencement of any work in wetlands. Persons wishing to impact wetlands within the exterior boundaries of the Fond du Lac Reservation are asked to contact the Fond du Lac Office of Water Protection early in the planning stage to avoid delays with their proposed projects. Questions regarding the WPMO may be directed to Richard Gitar, Water Regulatory Specialist at 218-878-8022 or email at richardgitar@FDLREZ.com
 
Editorial: What's a Wetland, Anyhow?
 
By Donald Kennedy and Brooks Hanson. Science 25 August 2006: Vol. 313. no. 5790, p. 1019 DOI: 10.1126/science.1132934. "Anyone interested in water and environmental science should study the U.S. Supreme Court's opinion--or, more precisely, its three rather different opinions--in the recent case called Rapanos vs. United States. Don't tune out if you're in Asia, Europe, or elsewhere, because this is NOT merely a domestic issue! Water quality is critical internationally, improvements in water quality have been a major source of global public health benefits (see the special section, p. 1067), and U.S. regulatory approaches are sometimes copied elsewhere . " http://www.sciencemag.org/cgi/content/summary/313/5790/1019

Return to Top of Page


NEWS OF NATIONAL SCOPE

Federal Catch-22 Snares Wetlands Enforcement
 

By Bob Berwyn, Summit Daily News. 8/21/06. SUMMIT COUNTY - U.S. Army Corps of Engineers officials said they can't take any action on what appears to be a serious wetlands violation in the Lakeview Meadows subdivision until they get some policy level guidance from agency headquarters in Washington, D.C. The regulatory catch-22 is related to the Corps' jurisdiction over impacts "near and along ephemeral and intermittent streams," said Nick Mezei, the Frisco-based Corps regulator. http://www.summitdaily.com/article/20060821/NEWS/60821001

 
Dying Salt Marshes Puzzle Scientists
 

August 14, 2006 - By Ray Henry, Associated Press. WELLFLEET, Mass. - Pockmarked muck blots this formerly lush marsh on Cape Cod, and a creek carves off eroded chunks along its edges. Dead plant roots jut from barren mud once covered with wavy mats of marsh hay. New England scientists began noticing dead patches like this one near Lieutenant Island four years ago and call it sudden wetland dieback. Ecologists warn that saltwater marshes from Maine to Connecticut are suddenly and inexplicably dying, leaving behind land resembling honeycombs, Swiss cheese or an eroded desert landscape. Few scientists can explain it or recommend what to do. Even skeptics concede something unusual is happening . " http://www.enn.com/today.html?id=11051

 
Drought, Water Worries Cloud Skies for U.S. Farmers

August 23, 2006 - By Christine Stebbins, Reuters. CHICAGO - As the United States bakes in one of the hottest summers since the Dust Bowl years of the 1930s, drought from the Dakotas to Arizona through Alabama has sharpened the focus of farmers on their lifeline: water. Specifically, farmers fear the U.S. Plains is facing its limits as a world producer of wheat, beef, vegetable oils and other crops due to long-term water shortages. http://www.enn.com/today.html?id=11114

 
Interior To Open Alaska Wetlands To Oil Rigs
 

ASSOCIATED PRESS, 8/21/06. The Interior Department is set to open a vast area of environmentally sensitive wetlands in Alaska to oil drilling, even as opponents point to corroding pipelines to the east at Prudhoe Bay as a reason to keep the area off limits. The tens of thousands of acres in and around Lake Teshekpuk on Alaska's North Slope are part of the oil-rich Barrow Arch that also includes the Prudhoe Bay fields that have kept oil flowing for decades. http://washingtontimes.com/business/20060820-104134-9514r.htm

 
Draft Guidance: National Management Measures to Control NPS Pollution
 

EPA is pleased to announce the availability of a new draft guidance document: National Management Measures to Control Nonpoint Source Pollution from Hydromodification. This technical guidance and reference document is appropriate for use by state, territory, and tribal managers, as well as the public, in the implementation of nonpoint source (NPS) pollution management programs in streams, lakes, estuaries, aquifers, and other waterbodies affected by hydromodification. At this time, EPA is requesting public comments on the draft document. http://www.epa.gov/fedrgstr/EPA-WATER/2006/July/Day-17/w11248.htm

 
Pacific Mangrove Forests Vulnerable to Rising Sea Levels
 

APIA, Samoa, July 21, 2006 (ENS) - "Rising sea levels linked with climate change are predicted to drown large areas of mangroves that line the shores of Pacific island nations. . Some islands in the Pacific region could lose more than half of their mangroves by the end of the century and overall as much as 13 percent of the Pacific mangrove area may be lost, according to new research released by the United Nations Environment Programme (UNEP) on Tuesday. The study [finds] that American Samoa, Fiji, Tuvalu, and the Federated States of Micronesia are likely to lose the most mangroves . " http://www.ens-newswire.com/ens/jul2006/2006-07-21-02.asp

 
USFWS: National Duck Population Higher than Average
 

USFWS news release, The preliminary 2006 Waterfowl Breeding Ground Population and Habitat Survey conducted by the U.S. Fish and Wildlife Service estimates a total duck population of more than 36 million; or a 14 percent increase from last year's estimate and 9 percent above the 1955-2005 average. The survey indicated an increase in the quality of waterfowl breeding habitat in the United States and Canada from 2005. Improvements in Canadian and U.S. prairie habitats were primarily due to average to above-average precipitation, warm spring temperatures and the good summer conditions of 2005. The higher number of ponds counted in Prairie Canada this year relative to last are a strong indicator of the improved habitat conditions. http://www.fws.gov/news/NewsReleases/showNews.cfm?newsId=7D2F2024-D467-78E0- 68276C3BDC25059A

 
DU to Help Conserve Buffer Habitats Near Army Installments
 

DU news release. WASHINGTON, D.C., July 10, 2006 - Ducks Unlimited will soon help conserve wetlands and associated habitats on key areas of the Army's 16.5 million acres of land, thanks to an agreement signed July 7. The agreement makes DU an official partner in the Army's Compatible Use Buffers (ACUB) Program. Through ACUB, these conservation areas will provide key habitat for waterfowl and other wildlife, while establishing buffers zones for military installments, maximizing security and minimizing encroachment on Army testing, training and operations. The Army owns, manages or administers approximately 16.5 million acres of land on installations across the United States. http://www.ducks.org/news/805/USArmyandDucksUnlimi.html

 
Oswego River Removed From List of Polluted Areas
 

EPA Region 2 news release, 7/25/06. NEW YORK, NY - The once degraded lower Oswego River made history today when EPA and its state, local and international partners announced that cleanup efforts had improved conditions enough for the area to be taken off the list of the most polluted areas in the Great Lakes Basin. The lower Oswego River is the first U.S. area to come off the list of the Great Lakes Areas of Concern, which originally included 43 severely degraded geographic areas in the United States and Canada. http://www.epa.gov/glnpo/aoc/oswego.html

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LEGISLATIVE NEWS

Water Resources Development Act Passes Senate!

Audubon Advisory, 8/11/06. Vol 2006 Issue 8. On July 19th the Senate passed by voice vote the Water Resources Development Act (WRDA), which authorizes ecosystem restoration projects. This funding will benefit restoration in some of our most valuable and sensitive ecosystems, like the Gulf Coast, the Great Lakes, the Everglades, and the Mississippi River. The final bill also included the McCain-Feingold Corps reform amendment, an improvement over the already-passed House bill (HR 2864).

 
U.S. Senate Votes to Require Peer Review of Army Corps Projects
 
By J.R. Pegg. WASHINGTON, DC, July 19, 2006 (ENS) - The U.S. Senate today agreed to require independent peer review of costly and controversial U.S. Army Corps of Engineers' flood control and navigation projects. Proponents said the Army Corps is in dire need of reform and pointed to last year's levee failures in New Orleans as only the latest example of why the agency requires increased oversight. . The measure, cosponsored by McCain and Senator Russ Feingold, a Wisconsin Democrat, requires independent review of the economic and environmental impact of projects costing more than $40 million. http://www.ens-newswire.com/ens/jul2006/2006-07-19-10.asp

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NEWS FROM STATES

Vermont's Clean and Clear Program Funds First Project
 

[note from April Moulaert, VT ANR: "The story is less than three minutes long. feel free to share with anyone who may be interested!" [http://www.wptz.com/video/9571236/index.html] The first project funded by Vermont's new Clean and Clear program was profiled by a local news station recently. The project is the preservation of a 630-acre farm in Hinesberg, VT located in the Platte River headwaters. Plans for the property include restoration of wetlands, repair of dredged channels, and the remaining land will be used for working agriculture, limited development, and passive recreation and wildlife habitat.

 
Stormwater Controls Recommended for New York City's Jamaica Bay
 

NEW YORK, New York, July 20, 2006 (ENS) - "Best management practices to minimize and control soil erosion and stormwater runoff are at the core of a set of preliminary recommendations for improving the water quality and ecology of Jamaica Bay newly issued by the Jamaica Bay Watershed Protection Plan Advisory Committee. Adjacent to New York City, the bay is one of the largest and most productive coastal ecosystems in the northeastern United States, and includes the largest tidal wetland complex in the New York metropolitan area. . "http://www.ens-newswire.com/ens/jul2006/2006-07-20-03.asp

 
CA: Rare Flower Sparks Housing Fight
 

TERENCE CHEA, Associated Press. SEBASTOPOL, Calif. - "Did someone in this wine country town illegally plant an endangered flower to sabotage a proposed housing development? That is the question at the center of a quarrel folks here have dubbed 'Foamgate.' Bob Evans, a 72-year-old retired elementary school principal, says he was walking with his dog last year when he came upon the tiny white flowers of Sebastopol meadowfoam poking from shallow pools of water in a grassy field . But state wildlife officials investigated and concluded that the meadowfoam had been transplanted there. They ordered it dug up. This year, the flowers returned, and with them the controversy ." http://www.bradenton.com/mld/bradenton/news/local/15059990.htm

 
Acquisition of Wetlands in Staten Island an Eco-Smart Investment
 

EPA Region 2 news release, www.epa.gov/region2 - (New York, NY -- July 26, 2006) An ecologically critical 16-acre tract of tidal wetlands in northwest Staten Island will be preserved as the result of a 2002 Consent Decree with the former Mobil Oil Corporation negotiated by the U.S. Environmental Protection Agency (EPA) and the U.S. Attorney's Office for the Eastern District of New York. The City of New York will take over responsibility for its protection. Ultimately, the land will be accessible to the public.

 
CA: Wetlands Give UC Merced Growing Pains
 
By Tanya Caldwell, Times Staff Writer, August 13, 2006. "With its first year tucked under its belt, the University of California Merced - which cost more than $500 million and took nearly 20 years to plan - still lacks federal permission to build on wetlands near the fledgling campus. UC Merced is developing 105 acres as part of Phase I of the campus and plans to build Phase II on 805 adjoining acres it purchased near Lake Yosemite. But that second parcel includes 86 acres of federally protected wetlands. Now, university officials are hoping for an environmental permit to destroy the vernal pools on those wetlands and build, among other things, institutes to study the environment and energy . " http://www.latimes.com/news/printedition/california/la-me-merced13aug13,1,79 16386.story?coll=la-headlines-pe-california&ctrack=1&cset=true
 
Nevada Wetlands Teaming With Bird Life Another Wet Winter
 
ASSOCIATED PRESS, 7/23/06. FALLON, Nev. (AP) - One of the most important stops for migratory birds in the West is teaming with life after two straight wet winters broke a five-year drought. The Stillwater National Wildlife Refuge now features 20,000 acres of wetlands compared to the usual 8,000 or 9,000 acres, said Mike Goddard, refuge manager. It's the most water in the refuge since 1997, and up from only about 2,000 acres in 2000. The refuge is located near Fallon, about 60 miles east of Reno." http://www.lasvegassun.com/sunbin/stories/nevada/2006/jul/23/072310738.html
 
Southern CA Wetlands to Reunite With Ocean
 
8/10/06. By Kevin King, TheLog.com. "Two wetlands in Southern California are getting a second chance, thanks to fishery departments, conservancy groups, two ports and a local oil company. With more than 90 percent of California wetlands considered lost or not restorable, Bolsa Chica and Los Cerritos wetlands each took steps forward in conservation, thanks to efforts from local, state and national conservancy groups and organizations. By the end of this month, Bolsa Chica wetlands should be reconnected to the ocean. . " http://www.thelog.com/news/newsview.asp?c=192001
 
US Reaches Settlement With Currahee Club LLC [GA] For CWA Violations
 
The U.S. Department of Justice and the U.S. Environmental Protection Agency today announced that they have reached a Clean Water Act settlement with Currahee Club, LLC, (Currahee) for alleged violations of the Clean Water Act. Under the terms of the settlement, Currahee is required to pay a penalty of $600,000, and to restore off-site stream and wetlands properties in the upper Savannah River watershed to repair damage caused to the environment, at an estimated cost in excess of $3 million. This requirement takes effect after a 30-day public comment period. http://www.aswm.org/wbn/060824b.htm
 
Louisiana Builds New Land With River Mud
 
PlanetArk World News, 8/10/06. PILOTTOWN, Louisiana - Louisiana is mining a new type of black gold: Mississippi River mud. A pilot project at the river mouth shows how the hurricane-ravaged state may be able to rebuild its vanishing coast with fertile river bottom soil now dumped by dredges into the ocean. Louisiana continuously clears the bottom of the Mississippi River to aid navigation, then dumps far offshore sediment that the river carries from tributaries in more than 30 states. But recently a dredge clearing a few miles of the river moved the mud into nearby shallow water, rather than dumping it off the continental shelf in the Gulf of Mexico. The result: New terra, though not quite firma . " http://www.planetark.com/dailynewsstory.cfm/newsid/37610/story.htm
 
New York Ocean And Great Lakes Ecosystem Conservation Council
 
NYS Governor news release, 8/9/06. NY Governor Pataki signed legislation to create the New York Ocean and Great Lakes Ecosystem Conservation Council to coordinate State efforts to protect ocean and the Great Lakes resources and help to ensure these important waters are clean and healthy for years to come. The Governor also announced a $3 million appropriation for the council. The nine-member council will work with various stakeholders to develop policies and principles to govern these coastal resources and implement effective management strategies. New York State is the second largest coastal state in the nation, with more than 3,200 miles of ocean, tidal and Great Lakes coastline. http://www.ny.gov/governor/press/06/0809061.html
 
Wetland Rating System For Eastern and Western Washington State
 
Washington State Department of Ecology: SEA Program Home Page : Wetlands Page. "The wetlands in Washington State differ widely in their functions and values. . This rating system was designed to differentiate between wetlands in western and eastern Washington based on their sensitivity to disturbance, their significance, their rarity, our ability to replace them, and the functions they provide. The rating system, however, does not replace a full assessment of wetland functions that may be necessary to plan and monitor a project of compensatory mitigation. The 'rating' categories are intended to be used as the basis for developing standards for protecting and managing the wetlands to reduce further loss of their value as a resource. ." http://www.ecy.wa.gov/programs/sea/wetlandratings/index.html#annotated
 
Article: How The Energy Business Is Drowning Louisiana
 
By Charles C. Mann, August 16 2006. NEW YORK (Fortune) - "The swampland of coastal Louisiana, often thought of as a folkloric backwater, is in fact the nation's most important petrochemical complex: an archipelago of some 4,000 oil and gas platforms. Glowing like rejected sets from Waterworld along the shore, 17 giant petroleum refineries and more than 180 petrochemical plants gush out jet fuel, lubricants, and scores of other products. (The state also hosts two of the four Strategic Petroleum Reserve storage facilities and about 15,000 smaller land-based oil wells.) Hurricane Katrina was the biggest natural disaster in US history - and its aftermath became the biggest management disaster in history as well. A year later, Fortune lays bare this surreal tale of incompetence, political cowardice...and rebirth . " http://money.cnn.com/2006/08/14/magazines/fortune/neworleans_oil.fortune/
 
CA: Campaign Launched to Protect the Verde River
 
Center for Biological Diversity news release, 8/6/06. The Center for Biological Diversity announced this week that it is launching a long-term campaign to protect the Verde River in Arizona. In response to multiple perils facing the river, including the proposed Big Chino Water Ranch Pipeline project by the city of Prescott and town of Prescott Valley, a citizen action and collaboration campaign is underway to preserve the health of this invaluable resource. http://www.enn.com/net.html?id=1613
 
NJDEP: Builder Violated Wetlands Rules, Fined $763,500
 
By Vidya Padmanabhan, Daily Record, 7/21/06. "The developer of a housing project in Mount Olive has been slapped with hefty fines for what the Department of Environmental Protection called 'egregious' violations of freshwater-wetlands regulations. The DEP levied fines of $763,500 on the developer, Anthony Mortezai, and suspended his freshwater-wetlands permit after department inspectors found several violations on the site known as Deerfield Estates. The penalties were levied as part of the department's effort to conserve New Jersey's sensitive freshwater wetlands, which play a vital role in protecting drinking-water supplies, providing habitat for fish and wildlife, and preventing erosion and flooding . " http://www.dailyrecord.com/apps/pbcs.dll/article?AID=/20060721/COMMUNITIES34 /609210310/1203/NEWS01
 
Engineers to Build Everglades Reservoir
 
July 21, 2006 - By Brian Skoloff, Associated Press. IN THE EVERGLADES, Florida - "Engineers next month will begin building one of the world's largest manmade reservoirs -- the size of a small city -- as efforts continue to restore natural water flow to the Everglades. The reservoir, roughly 25 square miles in area, is set for completion in 2010. It will hold 62 billion gallons of water, equivalent to about 5.1 million residential swimming pools, and will be seven miles across at its widest point . " http://www.enn.com/today.html?id=10916
 
Montana Transportation Workers Admit Violating Act
 
7/14/06, By CLAIR JOHNSON, Of The Billings Gazette Staff. "Two Montana Department of Transportation employees admitted Thursday they violated federal law by placing more fill into a wetlands area than allowed during construction of a road project near Plentywood. Ronald T. Arthur, 60, of Culbertson, and Lesley G. Peterson, 58, of Forsyth, each pleaded guilty in federal court to one count of violating the Clean Water Act, a misdemeanor. The crime carries a maximum penalty of one year in prison and a $2,500 fine per day of violation . " http://www.billingsgazette.net/articles/2006/07/14/news/state/50-mdt.txt

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REPORTS, PUBLICATIONS and RESOURCES

[Report] Riparian Setbacks: Technical Information for Decision Makers
 

[Original e-mail text from Mark Buccowich/NA/USDAFS on 08/08/2006 10:54 AM.] "Riparian Setbacks: Technical Information for Decision Makers" was originally prepared for the Chagrin River Watershed partners in Ohio. This is an excellent synthesis of information. It fills an unusual niche in that it is neither intended to be a comprehensive scientific literature review nor is it intended as a "color glossy" targeted to a lay audience to convey the virtues of riparian setbacks. Rather it is a review of the recent scientific literature organized to provide the scientific basis upon which a township or municipality could begin the task of defending a riparian setback ordinance from the growing, increasingly sophisticated legal challenges being mounted by the development community. The "technical" content is largely in the first 30 pages http://www.crwp.org/pdf_files/riparian_setback_paper_jan_2006.pdf
Within that overview the document touches on recent literature on wood in streams, sedimentation effects, shading and temperature effects, some interesting literature on riparian forest effects on flood damages and bank stability. Overall the document takes the same approach we used in our Chesapeake Bay Riparian Handbook to get beyond the search for the "magic number" - i.e the "right" buffer width- and emphasize the trade-offs among functions that are all served (to a greater or lesser degree) by width and emphasizing contiguity of the riparian corridor to preserve and restore riparian function. It also presents information with a format more aligned to the now popular context of "ecosystem services". If you have thoughts on how this document might be used, the author's (and I) would love to hear about them. You can send thoughts to me or Stu Schwartz at stu_schwartz@umbc.edu

 
Economic Value Of Great Lakes Coastal Marshes Proves Protection Is Worthwhile
 

Michigan Wetlands Action Coalition e-newsletter, 7/14/06. A recently released report found the recreational value of Saginaw Bay coastal marshes is worth $239 million dollars, which breaks down to $3,596 per acre. The report, Economic Values of Saginaw Bay Coastal Marshes With a Focus on Recreational Values, is the culmination of a study coordinated by Ducks Unlimited with support from the Coastal Management Program, Michigan Department of Environmental Quality (DEQ); the National Fish and Wildlife Foundation; U.S. Environmental Protection Agency (EPA), Great Lakes National Program Office; Michigan Department of Natural Resources (DNR), and Tip of the Mitt Watershed Council. The study was designed to quantify the economic contribution to society of Great Lakes coastal wetlands. Through detailed analysis of a mailed questionnaire survey of residents in the Saginaw Bay area, the Great Lakes coastal marshes were determined to have significant economic value. http://michiganwetlands.org/enews/July%2014%202006.htm

 

RADARSAT-2: Will it upstage Landsat for Wetland Inventory and Monitoring?

 

WETKIT Wetland News - july/august 2006. ". To date, the Canadian Wetland Inventory has used RADARSAT-1 and Landsat images to map