INDEX:

---EDITOR'S NOTE--

---EDITOR'S CHOICE---

·	Corps of Engineers Seeks Public Comments About Proposal to Renew and Revise Nationwide Permits
·	EPA Promises Wetlands Guidance
·	Call for Nominations for 2007 National Wetlands Awards
·	National Wetlands Dialogue: Making Sense of Rapanos v. United States
·	U.S. Asked to Explain Policy on Ceding Wetlands Control
·	New Book: Personal Stories of Rescuing Wetlands in New England
·	9th Annual Wetlands and Watersheds Workshop
·	FL DEP Proposes Amendments to Uniform Mitigation Assessment Method
·	Workshop Announcement: Understanding Agriculture's Effects on Amphibians and Reptiles in a Changing World

---NEWS OF NATIONAL SCOPE---

·	Restrictions on Nationwide Pollution Permits Upheld
·	EPA Releases New Strategic Plan for 2006-2011
·	House Panel Prods EPA to Speed Probe of Pollutants, Abnormal Fish
·	Cranberry Farms Learn to Grow More, Spray Less
·	Court Orders EPA to Issue Ballast Rule

---LEGISLATIAVE NEWS---

·	Natural Resources Defense Council’s LEGISLATIVE WATCH
·	Great Lakes Fish & Wildlife Restoration Act Passed by House and Senate
	Congress Extends Key Habitat Programs to Benefit Waterfowl

---NEWS FROM STATES---  

·	GA: Notice of Proposed Administrative Penalty Assessment B&P Cypress Development, LLC
·	CA: U.S. EPA Settles Wetlands Case Against Le Grand Farmer
·	CT: Windsor to Consider Fines ror Wetlands Violations
·	NC: Jobs vs Wetlands: PCS Phosphate Seeks Newest Mining Permit
·	CO: Wetlands Violation Called ‘Oversight’
·	NY: Agreements In Place to Restore and Protect Long Island Sound
·	LA: Levee, Wetlands Initiatives Win Big
·	LA: Katrina, Rita Actually Helped Wetlands, Study Says
·	LA: Time to Move the Mississippi, Experts Say
·	PA: Court Rules Laws on Wetlands Apply to Family’s Farm
·	DE: Dupont Deal to Aid Milford-Area Wetlands
·	OK: Wetlands Area Planned for Area Southwest of Enid
·	SC: Guilty Plea Ends Wetlands Destruction Case
·	AK: U.S. Says Will Pull Alaska Wetlands from Oil Drilling
·	FL: With Feds’ Help, Florida Govt, Firms Look to Pave Wetlands
·	OH: Inventory of Wetlands Could Aid Restoration
·	OR: New Wetlands Would Cool Wastewater
·	OR: Federal Officials Eye 36 Acres South of Forest Grove for Possible Wapato Wildlife Refuge
·	NY: Birds Flock to New York’s Finger Lakes
·	WA: Details on Columbia River Water Plan Available for Review
·	CA: Oil Company, Agencies at Odds Over Flooding More of Bolsa Chica
·	MA: September 2006 Massachusetts Wetlands Restoration Update
·	CA: New California Rapid Assessment Method for Wetlands and Riparian Habitats
·	FL: USPS Issues Southern Florida Wetland Stamp Pane

---REPORTS, PUBLICATIONS AND RESOURCES---

·	“Living With The Lakes” Available
·	ARS Research: Bringing Wetlands to the Farm
·	New Publication: Wetland Systems to Control Urban Runoff
·	Fresh Water: Women Writing on the Great Lakes
·	NEW: EPA’s Nonpoint Source News-Notes Issue #79, September 2006
·	Fall 2006 Issue of the ACJV News
·	October 2006 Edition of The Playa Post
·	Now Available: International Joint Commission’s 2003-2005 Priority Research Report
·	Four-Part Webcast Series: Alternative Practices for Highway Stormwater Management

---POTPOURRI---

·	11th Consecutive National Wildlife Refuge Week: October 8-14
·	Annual Award Celebrates Successful Land Conservation Programs
·	Scientists Spy Ivory-Billed Woodpecker in Florida
·	Invasive “Walking” Fish Not Wreaking Havoc Yet, Scientists Say
·	September 2006 NAWCA Grant Recipients Announced
·	RFP for Great Lakes Watershed Restoration Grant Program
·	EPA Targeted Watersheds Grant Program – Implementation Grants
·	EPA Targeted Watersheds Grant Program – Capacity-Building Grants
·	SWS Minority Undergraduate Travel Fellowships
·	NOAA: Coastal Land Acquisition Funding Opportunity

---MEETINGS AND CONFERENCES---

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

EDITOR'S NOTE

Dear Friends and Colleagues,

This is my last Editor’s Note; effective immediately I will no longer be editor of Wetland Breaking News. Over the past couple of years I have become too busy, too distracted, and have strayed too far from the wetlands field to be able to do the job you all require and deserve from the Editor. ASWM is in the process of hiring my replacement and my last responsibility will be to assist the new hire in pulling together the next edition. This person will be able to critically assess the current layout, format, and purpose of Wetland Breaking News and will bring improvements and resources that will make this publication relevant and necessary once more, and I am excited to assist in the transition. Everything in my life has led me to this point: beloved wife, busy mother, restaurateur, business partner, friend and neighbor, and now past editor of Wetland Breaking News. I will miss your notes, letters of support, gentle chastisements, and updates from your lives that keep me informed and interested in the wetlands community as a whole. So many of you have become and remained my friends throughout the years, and I am forever in your debt for your support and the opportunities you have offered as I continued to learn and grow into this field. For those interested in staying in touch please e-mail me at jenmike95@aol.com or stop into my restaurant, Reel Meals: Dinner and a Movie in downtown Saratoga Springs, NY. With a lot of luck and a lot of hard work it will become as rewarding an experience as working for ASWM and editing Wetland Breaking News has.   All the best, and may we meet again, Jennifer Brady-Connor Editor, Wetland Breaking News

EDITOR'S CHOICE

Corps of Engineers Seeks Public Comments About Proposal to Renew and Revise Nationwide Permits

Corps Press Release Washington, DC - The U.S. Corps of Engineers has begun seeking comments about a proposal to renew and revise nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and Section 101 of the Rivers and Harbors Act of 1899.  Many of the nationwide permits remain unchanged from 2002. The proposal was published in the Federal Register on September 26. The Corps will accept comments for a 60-day period that ends on November 24.  The current set of nationwide permits expires in March 2007, and these proposed permits are to replace them. The full text of the press release is available at http://www.hq.usace.army.mil/cepa/releases/nationwide2006.htm   The Federal Register notice is available at: http://www.usace.army.mil/cw/cecwo/reg/nwp/NWP_2007_proposed.pdf . Additional information about the Corps’ regulatory program can be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg/

EPA Promises Wetlands Guidance John Flesher, Associated Press Writer. TRAVERSE CITY, Mich. – “The Bush administration is preparing instructions for regulators puzzling over which wetlands are covered by federal clean water law, a top Environmental Protection Agency official said. But the EPA hasn't decided whether to issue a comprehensive regulation on the issue in the wake of a confusing U.S. Supreme Court ruling in two Michigan wetlands cases, said Benjamin Grumbles, assistant administrator for water. ‘Our overarching goal is to continue to protect wetlands under the Clean Water Act to the maximum extent allowable since the decision,’ Grumbles told The Associated Press in an interview. ‘Which tools are the best to use is a policy decision we haven't made yet.’ … ” http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20060905/News01/609050384/-1/NEWS01

Call for Nominations for 2007 National Wetlands Awards

The National Wetlands Awards Program honors individuals who have demonstrated extraordinary commitment to the conservation and restoration of our nation’s wetlands.  Take time to recognize exceptional individual achievement in wetlands conservation by submitting a nomination for a 2007 National Wetlands Award today. The deadline for submitting nominations is December 15, 2006. The 2007 Awards will be given in six categories: Education and Outreach; Science Research; Conservation and Restoration; Landowner Stewardship; State, Tribal, and Local Program Development; and Wetland Community Leader.  For more information or to submit a nomination, please visit www.nationalwetlandsawards.org

National Wetlands Dialogue: Making Sense of Rapanos v. United States
WASHINGTON, DISTRICT OF COLUMBIA, Sep. 1 -/E-Wire/-- Given the U.S. Supreme Court's recent failure in Rapanos v. United States to carve out a definitive rule on what constitutes jurisdictional wetlands, the current edition of the National Wetlands Newsletter (September/October 2006) offers much-needed insight and analysis on the decision. This particular issue should prove quite valuable to environmental practitioners as they eagerly await guidance on the matter from the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. David Urban of Land and Water Resources, Inc., examines what Rapanos may mean for mitigation bankers, while Tom Ward from the National Association of Home Builders, provides a land developer's perspective. Jon Kusler and Jeanne Christie, Association of State Wetlands Managers, Inc., offer guidance on how states should respond to Rapanos, while Ed Thomas, a noted floodplain manager, looks at how hydrology can be useful in demonstrating the way wetlands impact water quality. Other contributors include Jim Murphy, with the National Wildlife Federation and Mark Moller at the Cato Institute. Visit http://www2.eli.org/pdf/nwn_sample_murphy.pdf for a sample article. Visit http://www2.eli.org/nwn/nwnmain.cfm to order the full newsletter.
U.S. Asked To Explain Policy On Ceding Wetlands Control
9/28/06. Toledo Blade Staff. “In the wake of a historic Supreme Court ruling that strips government control over isolated wetlands, the foundation that successfully brought the case wants to know how that power will be relinquished. The Sacramento-based Pacific Legal Foundation yesterday announced it has petitioned the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to rewrite ‘waters of the United States’ definitions so that would-be developers can fill in wetlands separated from navigable streams and other large bodies of water. ‘We're adamant about constitutional private property rights,’ said attorney Reed Hopper, the foundation's lawyer who presented the case to the Supreme Court last fall … http://toledoblade.com/apps/pbcs.dll/article?AID=/20060928/NEWS06/609280359
New Book: Personal Stories of Rescuing Wetlands in New England
Trust for Public Land news release, 9/7/06. SAN FRANCISCO, CALIFORNIA - The Trust for Public Land released a new book of inspiring land conservation stories from New England. Rescuing Wetlands Close to Home: Ten Stories of New England Landowners celebrates the role of private property owners in preserving natural landscapes and how their efforts connect people to the land and to each other. Told through spectacular pictures, interviews, and editorial insight, Rescuing Wetlands engages readers with profiles of landowners passionate about wetlands conservation and restoration. To order copies of Rescuing Wetlands online visit www.tpl.org/publications. For a limited time, the book will be available for $10.00, with deeper discounts for bulk orders.
9th Annual Wetlands and Watersheds Workshop
The 9th Annual Wetlands and Watersheds Workshop will take place on October 23-26, 2006 at the Holiday Inn on the Boardwalk in Atlantic City, New Jersey. The workshop will focus on managing aquatic systems through the watershed approach and will address such as issues as stormwater management, flood management through watershed protection, water quality and public health as it relates to wetland mitigation, the technical/political consequences of wetlands being 303(d) listed, the fate and transport of contaminants, the use of Best Management Practices to protect existing wetlands.  www.wetlandsworkgroup.org.
FL DEP Proposes Amendments to Uniform Mitigation Assessment Method
The Florida Department of Environmental Protection is proposing to amend the Uniform Mitigation Assessment Method (Chapter 62-345, F.A.C.) to incorporate some clarifications.  A Notice of Proposed Rule Development is published in their Florida Administrative Weekly (see http://faw.dos.state.fl.us/fawframes.html, Section I).
Workshop Announcement: Understanding Agriculture's Effects on Amphibians and Reptiles in a Changing World
On  February 6-7 2007 in St. Louis, Missouri, a workshop will be held addressing amphibians, reptiles and agriculture. Amphibian and reptile populations have declined in many parts of the world. Among other factors, agricultural practices that result in reduced habitat and biodiversity; changes in hydrology, humidity, and soil structure; nutrient enrichment; and the release of toxicants into the environment potentially can cause such declines. Impacts from genetically engineered crops, increased production of crops for fuels, and changes in how and where agriculture is practiced in the future due to climate change are relatively new dimensions to consider.  The workshop will address: What is currently known about these issues? Are conservation and mitigation measures effective at reducing impacts? How can researchers, conservation practitioners, land managers, and land users work together to reduce impacts more effectively? For more information please visit: http://www.umesc.usgs.gov/ag_effects_workshop/workshop.html

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NEWS OF NATIONAL SCOPE

Restrictions on Nationwide Pollution Permits Upheld

Michelle Chen, The New Standard, Oct. 4-- Last week, a federal court overrode an attempt by industry groups to further ease regulations on industrial pollution of water.  The ruling upheld limits on nationwide pollution permits issued by the US Army Corps of Engineers. Unlike normal water-pollution permits for specific projects, nationwide permits grant blanket clearance across the country for pollution caused by certain types of industrial activities like mining and construction, which fall into a category known as "dredged or fill materials." The Corps can choose to fast track projects with a nationwide permit if it decides the proposed actions will overall cause "minimal" ecological damage http://newstandardnews.net/content/?action=show_item&itemid=3724&x=x Earth Justice Press Release: http://www.earthjustice.org/news/press/006/court-throws-out-industrys-challenge-to-clean-water-act-permits.html

EPA Releases New Strategic Plan for 2006-2011

EPA Waterheadlines for October 5, 2006. “EPA recently forwarded to Congress and released to the public its Strategic Plan for 2006 - 2011. The new Strategic Plan is available on the internet at http://www.epa.gov/ocfo/plan/plan.htm. The document discusses important new challenges and opportunities that are likely to arise in the coming years and more clearly identifies the environmental and human health outcomes the public can expect. Goal 2 of the new Strategic Plan addresses goals and strategies for clean and safe water. Some aspects of the National Water Program, such as wetlands protection, and Great Waterbody Programs, are addressed in Goal 4 of the Plan titled ‘Health Communities and Ecosystems.’ The Office of Water and EPA Regional offices will be working closely with States, Tribes, and others to implement the new Plan in the coming years.”

House Panel Prods EPA to Speed Probe of Pollutants, Abnormal Fish

By David A. Fahrenthold, Washington Post Staff Writer. Thursday, October 5, 2006; Page B03. A panel of U.S. representatives criticized the Environmental Protection Agency yesterday for the slow pace of research on pollutants that may be causing male fish in the Potomac River to grow eggs. In a hearing before the House Government Reform Committee triggered by a news report that the abnormal fish have been discovered in new locations, Virginia and Maryland lawmakers quizzed EPA officials about why their agency hadn't yet met a requirement from 1996, which ordered them to identify chemicals that disrupt hormone systems … Benjamin H. Grumbles, an EPA official overseeing water quality, said the job turned out to be much more difficult than first imagined and required federal scientists to create a set of tests from scratch  …” http://www.washingtonpost.com/wp-dyn/content/article/2006/10/04/AR2006100401674.html

Cranberry Farms Learn to Grow More, Spray Less

EPA Region 2 news release. Contact:  Rich Cahill (212) 637-3666, cahill.richard@epa.gov. (New York, NY -- September 18, 2006) You don't have to douse cranberries in pesticides to control pesky bugs and diseases, as U.S. Environmental Protection Agency (EPA) Regional Administrator Alan J. Steinberg learned today when he visited a cranberry farm in Chatsworth, New Jersey and saw firsthand how Rutgers University agricultural experts are teaching growers to reduce their use of pesticides while harvesting a bumper crop. Cranberries are one of the top valued crops in New Jersey, which ranks fourth in cranberry acres harvested, behind Wisconsin, Massachusetts and Oregon, with an annual $14 million crop. www.epa.gov/region2

Court Orders EPA To Issue Ballast Rule

Rebecca Williams, Environment Report for 9.25.06. A federal court has ordered the Environmental Protection Agency to start regulating the discharge of ballast water from ships. Rebecca Williams reports it's the first time the agency has had to take responsibility for the problem: Ballast water helps stabilize ships, but it can also carry foreign invasive species that might harm local waterways. For 30 years, the EPA has exempted ballast water from the Clean Water Act. Now, the judge has given the EPA two years to come up with rules to limit the discharge of ballast water. Tim Eichenberg is with The Ocean Conservancy. The group is one of three environmental groups that sued the EPA. "Within two years, EPA should come up with something, some approach, that could phase in a series of controls that could eliminate invasive species in ballast water over a period of time." The shipping industry is concerned about having enough time to comply with any new federal regulations. Shippers already face some new laws at the state level. States such as Michigan and California have passed their own laws restricting what ships can do with their ballast in local waters. For the Environment Report, I'm Rebecca Williams.

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LEGISLATIVE NEWS

Natural Resources Defense Council's LEGISLATIVE WATCH

October 4, 2006. NRDC distributes a number of bulletins by email. To subscribe to any or all of them, go to: http://www.nrdcaction.org/join/subscribe.asp Oceans : On 9/20, the House approved a bill (H.R. 5450) that would for the first time legislatively define the responsibilities of the National Oceanic and Atmospheric Administration. Since its creation in 1970, NOAA has operated under an executive order, leaving its mission and functions undefined and subject to major shifts with changing administrations. The House bill would only partially alleviate this problem in that it addresses NOAA's science programs, but not its responsibilities in important ocean resource management and conservation areas, such as fisheries and coastal zone management. Nevertheless, ocean advocates in Congress and the environmental community praised passage of the bill as an important first step toward officially codifying NOAA. Prospects for the bill, however, remain unclear as there is no companion measure in the Senate and the 109th Congress is quickly drawing to a close. === Public Lands : On 9/29, the Senate passed the Secure Fence Act of 2006 (H.R. 6061), which calls for the building of a 700-mile multi-layer fence along the United States-Mexico border, by a vote of 80-19. Environmental groups strenuously opposed the bill because it does not require the Department of Homeland Security to consult with other agencies to minimize environmental damage to public lands, national parks and other environmentally sensitive areas caused by the fence's construction. The bill, which the House passed on 9/14, 283-138, now goes to the president for his signature. On 9/26, the Housed passed a private property rights bill (H.R. 4772) opposed by environmentalists and attorneys general from 36 states. The bill, sponsored by Rep. Chabot (R-OH), would allow property owners to file Fifth Amendment "takings" cases in federal court rather than state court. Opponents of the bill, which passed by a vote of 231-181, mounted an unsuccessful effort to derail it, arguing that the legislation would interfere with the ability of local governments to implement zoning laws and environmental regulations. Despite passage in the House, the Senate is not expected to take up the measure before Congress adjourns for the year.

Great Lakes Fish & Wildlife Restoration Act Passed by House and Senate

The U.S. House of Representatives and the U.S. Senate passed S. 2430, the Great Lakes Fish & Wildlife Restoration Act, to reauthorize and improve the Great Lakes Fish and Wildlife Restoration Act (GLFWRA). Since 1991, GLFWRA has developed and implemented proposals for restoring fish and wildlife resources in the Great Lakes Basin. It has provided grants and assistance to states, tribes, local governments and others to encourage cooperative conservation, restoration, and management of the fish and wildlife resources and their habitats. S. 2430 doubles the current level of funding for this program by authorizing appropriations of $16 million to GLFWRA. To view the bill, go to http://thomas.loc.gov/.

Congress Extends Key Habitat Programs to Benefit Waterfowl

Ducks Unlimited news release. Washington DC – 10/2/06 – Last minute action proved to be beneficial to waterfowl and wildlife as Congress acted to continue three popular conservation programs.  In the waning hours before the electoral recess, the Senate unanimously passed legislation to extend the North American Wetlands Conservation Act (NAWCA), the Neotropical Migratory Bird Conservation Act and the Great Lakes Fish and Wildlife Restoration Act.  The conservation bills now await signature by President Bush. “Passage of these bills is an important victory for wetlands and waterfowl,” said Ducks Unlimited Executive Vice-President Don Young.  “This is a needed step for on-the-ground conservation programs and will benefit DU’s partnership work in key habitat areas across the continent.” The bills were passed by unanimous consent in the Senate, after passing in the House of Representatives. http://www.ducks.org/news/940/EleventhHourGainsfor.html

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NEWS FROM STATES

Notice Of Proposed Administrative Penalty Assessment: B&P Cypress Development, LLC (GA)

E-mail from Mike Wylie, EPA. Public Notice No. 06GA001. The U.S. Environmental Protection Agency (EPA), Region 4, is hereby giving notice of the issuance of an Administrative Complaint and Final Order to Cypress Development, LLC, and its intention to assess an administrative penalty of $20,000 under Section 309(g) of the Clean Water Act for the unauthorized discharge of dredged and/or fill material into approximately 0.25 acres of wetlands for residential development.  The unauthorized activities are located in jurisdictional wetlands west of Harris Trail Road, adjacent to Sterling Creek, in Richmond Hill, Bryan County, Georgia, near 31° 54' 51" north latitude and 81° 18' 29" west longitude (Discharge Area).

U.S. EPA Settles Wetlands Case Against Le Grand (CA) Farmer

EPA news release, 9/7/06. SAN FRANCISCO – The U.S. Environmental Protection Agency has recently settled a case with Josh Ringeisen Accel Custom Farming for wetlands violations on his 238-acre agricultural property in Le Grand, Merced County, Calif. In the settlement, Mr. Ringeisen has agreed to preserve 3.16 acres of vernal pools, swales, and associated drainages, and will create and preserve an additional 4.96 acres of wetlands on the property. In late 2004 through early 2005, Mr. Ringeisen conducted deep-ripping operations on 93 acres of his property in order to convert grazing land to an almond orchard. http://yosemite.epa.gov/opa/admpress.nsf/0/2ac5d769a7d54e43852571e2006c9618?OpenDocument

CT: Windsor To Consider Fines For Wetlands Violations

Kym