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July 13, 2007

---EDITOR'S CHOICE---

· Draft Atlantic and Gulf Coast Regional Supplement to 1987 Manual Available
· Wetlands Effort Well Worth Federal Funding
· Clean Water Act Still Applies To Dredged Material Redeposits
· County Water Quality Issue Brief Available
· County Wetlands Data Guidebook Available

---NATIONAL NEWS---

·

EPA Issues Draft Technical Document on "Options for the Expression of Daily Loads in TMDLs"

·  

Draft Wetland Mapping Standard approved by FGDC Standards Working Group

·  Wetlands Protection at Risk for Small Streams, Ponds
· 

Report Examines Path to Failed New Orleans Levees

· After Lobbying, Wetlands Rules Are Narrowed
· EPA, Corps of Engineers Working to Clarify Federal Wetland Role
· High Court Rules for NAHB in Clean Water Permit Case

---LEGISLATIVE NEWS---

·

House Clean Water Act Hearings Scheduled July 17 and 19

·

Wetlands Loan Act is Reintroduced in Congress

·

DC: $20M Targeted for Beach, Bay, Rivers

---STATE NEWS---  

· WA: Comments sought on Wenatchee River water regulation changes
· CA: State orders project halted
· FL: Mosaic Files to Open New Phosphate Mine
· SD: Grass + Wetlands = Beef Profits and Lots More
· NY: NYC's Jamaica Bay Wetlands Fading Away
· OR: Trails Offer Outlet to Get a Little Wild
· VA: Lake Anna’s in Hot Water
· CT: Vernon Home Depot looking for Loophole
· CA: UCSC Seeks to Build on Coast
· OH: Leroy Wetlands Project Under Way
· VA: VA Could Lose Up to 80 Percent of Its Tidal Wetlands this Century
· IA: Wetlands Stay Forever Natural
· IL: Wetlands Being Reborn
· WA: Second Excavator Dragged Ffrom Bog
· HI: State to Revitalize Kawai Nui Marsh Wetlands
· MI: Michigan's New Surface Water Information Management System
· NY: OpEd: My View: Preserving, Protecting Wetlands Could Help Keep Us Dry
· FL: Campaign to Kill Wetlands Protection Has Hidden Attacker
· KS: Coffeyville Mops Up After Floods
· ME: Land to Buffer Bog Near Bangor Preserved
· FL: Green Cay wetlands is a Haven for Birds
· MA: Second Vote Needed on Wetlands Law
· CA: U.S. EPA, State and Tribes, Warn Against Klamath River Blue-Green Algae
· MI: Group Raises $125,000 for Wetlands Protection
· DC: Money Earmarked for Poplar Island Restoration
· MD: Dobbins Island Efforts Advance
· MO: MSD Still Hasn't Completed 1985 Wetlands Deal
· NH: Hells Angel Fined in Wetlands Case
· VA: Wetlands Business Booming - but Frustrating in Fauquier
· CA: Coastal Commission Staff Report Slams Developer
· VA: Developer Fined for Marsh Damage
· NH: Issuance of State Programmatic General Permit
· MI: General Permits Re-Issued
· NH: Dale St. Project to Affect Wetlands
· CA: Spat with Neighbors Over Wetlands Dampens Loomis Couple's Spirits
· AK: Study Says Erosion Slicing Arctic Alaska Habitat
· MA: Bringing a Salt Marsh Back to Life

---RESOURCES AND PUBLICATIONS---

·  South Florida Ecosystem Restoration
· 

U-M-led Study Concludes that Current Rules to Protect Great Lakes from Ship-Borne Organisms are Inadequate; Stronger Measures Advocated

---POTPOURRI---

· 

Planting Bugs in the System

·   PLJV Helping Partners Target Bird Habitat Conservation
·   The Wonderment of Wetlands
·   New State General Permit for Great Lakes Shoreline Management (Michigan)
·   Duck Numbers Up Slightly Overall
· Golf Courses: Good Wildlife Sanctuaries?
· Funding for Wetland Restoration Projects
· USDA Adds $11 Million to Fight Emerald Ash Borer
· Ancient Arctic Ponds Drying Up as Climate Warms

---JOB OPENINGS---

·

Project Scientist

· 

Environmental Technician

·   MA F&W New Endangered Species Review Biologist Contract Position
·   Co Director, Institute for Coastal Ecology and Engineering
·   Water Programs Manager & Monitoring Position
·   Stream Designer
·   Conservation Planner (TNC)

---STUDENT JOBS ---

---MEETINGS AND TRAINING---

· 

Protecting Water Quality While Meeting Smart Growth Goals (webcast)

· 

Two Workshops Offered by Hudsonia: Phragmites Management and Turtle Conservation

·   Mountain Stream Identification Workshop
·  

River Restoration Practices and Concepts Series

·   3rd Create, Protect, Restore (CPR for Wetlands & Streams) Conference Hosted by KAWS
·  

Water Policies and Planning in the West: Ensuring a Sustainable Future

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

EDITOR'S NOTE

Dear Friends and Colleagues,

Rather than swimming, hiking or bird-watching, I have been house-hunting. I feel like Mrs. Mallard in Robert McCloskey’s book, Make Way for Ducklings, searching desperately for a nice, safe place to live. Like the mallards, my partner and I moved from an island to a more urban setting in Southern Maine. Each time my Mr. Mallard finds us a possible home, I find something wrong with it—just like Mrs. Mallard. Either there is not enough of a private yard, or there are predators like cat-eating fishers, or too much traffic going by. Although we don’t have eight ducklings to consider, we still share the mallards’ predicament. We have two kitties, who would like very much to roll in the dirt or chase bugs. (They wear bells when outside and tend to hunt for mice, not birds.) The real estate market is very different from 1941, when the famous pair of mallards looked for a spot to nest. Nevertheless I hope that we will be so lucky as to find a home with a garden like they did.

The ASWM office is busy with planning for Wetlands 2007 scheduled for the last week of August.  Registrations are coming in, volunteers are being lined up, and extra sessions are being added.  New information is available on the field trips and GIS workshop scheduled for Monday August 27 at http://www.aswm.org/calendar/wetlands2007/field_trip.htm .  The speaker abstracts will be posted later this month.  More information about the conference is available at:
http://www.aswm.org/calendar/wetlands2007/wetlands2007.htm


Special thanks to this issue’s contributors: Meghan Sharp, ICMA; Janet & Mark Thew, Loomis, CA; Katharine Mitchell, Bard College; Tim Christian, KAWS; Dave Davis, VA DEQ; Erik Stockdale, WA Dept. of Ecology; Rachel Jean-Baptist, Editor, National Wetlands Newsletter; Bill Wilen, NWI, U.S. Fish & Wildlife Service.

Leah Stetson
Editor, Wetland Breaking News

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EDITOR'S CHOICE

Draft Atlantic and Gulf Coast Regional Supplement to 1987 Manual Available
 

The U.S. Army Corps of Engineers announces the availability of the Draft Atlantic & Gulf Coast Regional Supplement to the 1987 Wetland Delineation Manual (Environmental Laboratory 1987).  It is being peer reviewed by a panel of independent scientists, the report from which will be available upon request.  This draft is also being field tested by interagency teams of state and Federal agencies to determine the clarity and ease of use of the document and whether its use will result in any spatial changes in wetland jurisdiction for Clean Water Act Section 404 purposes. The Corps is seeking public input, including scientific information/data, on the proposed hydrology, soils and vegetation indicators and data collection procedures in this draft document.  Reviewers may wish to field test this manual as part of the public comment procedure.  The protocol for this testing is to perform wetland delineations using both the 1987 Wetland Delineation Manual and this draft regional supplement on the same data points.   Reviewers should include data sheets from both the manual and draft supplement, maps indicating data collection points (upland and wetland) and a completed questionnaire for each delineation point.  The draft, along with the testing protocol and questionnaire, may be located at
http://www.usace.army.mil/cw/cecwo/reg/reg_supp.htm

 
Comments must be submitted to Ms. Katherine Trott (CECW-LRD), U.S. Army Corps of Engineers, 441 G. Street, NW, Washington DC 20314-1000 or by e-mail to 1987Manual@usace.army.mil.   Formal public notices are in the process of being posted on Corps District websites, including http://www.mvk.usace.army.mil/offices/pa/
 
Wetlands Effort Well Worth Federal Funding
 

By John Burke – Savannah Morning News – June 24, 2007
There is a move afoot in Congress that is not setting well with wildlife conservation groups, in particular, Ducks Unlimited. It has to do with the 2007 Farm Bill, and if passed in its present form, would eliminate funds for one of the most important programs now in existence that helps offset the annual loss of wetlands in the United States. It is called the Wetlands Reserve Program – a program designed to encourage farmers and other land owners to restore wetlands on marginal, flood-prone lands. It is done through easement payments and cost sharing that is commensurate with the terms of the easement – 100 percent for perpetual easements and 75 percent for 30-year easements. For full story, go to: http://new.savannahnow.com:80/node/311240

 
Clean Water Act Still Applies To Dredged Material Redeposits
 

By Jan Goldman-Carter – National Wetlands Newsletter (ELI) – July / August 2007
Earlier this year, the U.S. District Court for the District of Columbia invalidated a 2001 U.S. Environmental Protection Agency and U.S. Army Corps of Engineers rule clarifying when redeposits of dredged material require a permit under Section 404 of the Clean Water Act. The decision reopened the debate over when such redeposits constitute "additions" of pollutants under the Clean Water Act. In the current National Wetlands Newsletter® issue (July-August 2007), Jan Goldman-Carter, an attorney for the National Wildlife Federation, contends that the decision effectively reinstated the rule EPA and the Corps had prior to 2001, a rule that rightfully allows them to continue regulating redeposits. "This assessment of the issue is quite timely, particularly since the agencies are grappling with how to deal with the decision," says NWN editor Rachel Jean-Baptiste. "One of the options they are considering is to reinstate the pre-2001 rule, which is the approach argued for in this article." For a direct link to this article, go to: http://www2.eli.org/nwn/pdf/29.04/goldman-carter.pdf  National Wetlands Newsletter is a subscription-only publication. For information on subscription and to see a list of other articles in this issue, visit: http://www2.eli.org/nwn/nwnarchive/29-04articles.cfm


County Water Quality Issue Brief Available


NACo has updated a publication entitled Using GIS Tools to Link Land Use Decisions to Water Resource Protection.  The guide provides practical case studies, a list of commonly available tools and a newly created tools assessment section.  The publication is available now at www.naco.org/techassistance under “Water Quality” then Publications.  NACo developed this resource with financial assistance from the U.S. Environmental Protection Agency. 

 

County Wetlands Data Guidebook Available

 

This new NACo publication provides a practical introduction to wetlands data designed to help county officials obtain and utilize wetlands data and maps for county purposes.  The publication is available now at www.naco.org/techassistance under “Water Quality” then Publications.  NACo developed this resource with financial assistance from the U.S. Environmental Protection Agency. 

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NATIONAL NEWS

EPA Issues Draft Technical Document on "Options for the Expression of Daily Loads in TMDLs"
 
EPA Office of Water News Release -- On June 22, 2007 EPA issued a draft technical document for the development of total maximum daily loads (TMDLs) called, “Options for the Expression of Daily Loads in TMDLs.”  This document provides technically sound options for developing "daily load expressions" as a routine process in TMDLs calculated using allocation timeframes greater than daily (e.g., annual, monthly, seasonally).  The document is written for TMDL practitioners who are familiar with the relevant technical approaches and regulatory requirements pertaining to TMDLs. Related to this, in Nov., 2006, EPA issued a memorandum entitled, “Establishing TMDL: Daily Loads in Light of the Decision by the U.S. Court of Appeals for the D.C. Circuit in Friends of the Earth, Inc. v. EPA et. al., No. 05-5015 (April 25, 2006) and Implications for NPDES Permits,” that clarified EPA’s expectations concerning the appropriate time increment used to express TMDLs in light of the recent decision.  This Memorandum is posted at: http://www.epa.gov/owow/tmdl/dailyloadsguidance.html).  The Memorandum also indicated that additional technical information would be forthcoming, such as the draft 62-page technical document that may be found at: http://www.epa.gov/owow/tmdl/draft_daily_loads_tech.pdf .
 
Draft Wetland Mapping Standard Approved by FGDC Standards Working Group
 

Spatially Speaking FGDC Monthly Update – Federal Geographic Data Committee – July 2007
A National Wetland Mapping Standard is being developed by a multi-agency workgroup under the Federal Geographic Data Committee (FGDC). Historically, the U.S. Fish and Wildlife Service
(USFWS) had the responsibility of mapping wetlands for the National Wetlands Inventory (NWI). Currently USFWS only has funding to complete 1% of the map per year. Consequently, the national wetlands map is out of date and no digital wetlands maps are available for much of the country. For a link to this article and newsletter, visit: http://www.fgdc.gov/library/spatially-speaking/july-2007.pdf   For more information about the proposed mapping standard go to the FGDC Wetlands Subcommittee web page at: http://www.fws.gov/nwi/fgdcwet.html

 

Wetlands Protection at Risk for Small Streams, Ponds

 
By Bob Berwyn – Summit Daily News – July 11, 2007
New federal wetlands rules will make it more difficult for the U.S. Army Corps of Engineers and the Environmental Protection Agency to protect smaller streams and ponds that aren't directly connected to navigable rivers or lakes. "Generally speaking, there will need to be some relation to interstate commerce, in the broadest sense of the word," said Frisco-based Corps regulator Neck Mezei, describing the guidance issued by his agency and the EPA last month. The Corps will have to document an "interstate commerce nexus" in order to show jurisdictional authority over certain wetlands, Mezei explained. Only then can the agency exercise its authority to limit impacts or require mitigation for wetlands losses. Given the seasonal nature of many western wetlands, the new ruling could potentially subject many of the region's wetlands to destruction. For full story, go to: http://www.summitdaily.com:80/article/20070711/NEWS/107110058
 

Report Examines Path to Failed New Orleans Levees

 
By Peter Whoriskey – Washington Post – July 11, 2007
The levee system that was designed to protect New Orleans, but failed catastrophically during Hurricane Katrina, was completed under severe financial and political pressure, including opposition from local officials and environmentalists, according to a federally sponsored report set to be released today. The study commissioned by the Army Corps of Engineers details how Corps officials facing budget pressures cut millions from the construction of key flood walls by shrinking their support pilings. Under pressure from rising waters during Katrina, those walls toppled, causing much of the city flooding. For full article, visit: http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071001993.html?referrer=emailarticle
 
After Lobbying, Wetlands Rules Are Narrowed
 
By John Broder – New York Times – July 5, 2007
After a concerted lobbying effort by property developers, mine owners and farm groups, the Bush administration scaled back proposed guidelines for enforcing a key Supreme Court ruling governing protected wetlands and streams. The administration last fall prepared broad new rules for interpreting the decision, handed down by a divided Supreme Court in June 2006, that could have brought thousands of small streams and wetlands under the protection of the Clean Water Act of 1972. The draft guidelines, for example, would allow the government to protect marsh lands and temporary ponds that form during heavy rains if they could potentially affect water quality in a nearby navigable waterway. For full story, go to: http://www.nytimes.com:80/2007/07/06/washington/06wetlands.html?ex=1184385600&en=f651fdc51964a427&ei=5070&emc=eta1
 
EPA, Corps of Engineers Working to Clarify Federal Wwetland Role
 
By Karl Blankenship – Chesapeake Bay Journal – July 9, 2007
Some of the nation’s headwater streams and wetlands would lose federal protection under guidance issued by the EPA and Army Corps of Engineers in June, which sought to interpret a jumbled ruling by the U.S. Supreme Court last year. The guidance sent to the field staffs of the two agencies, which are the primary federal entities for wetland protection, does not explicitly remove any areas from protection but establishes new tests that must be met before they can assert federal authority over certain areas. “This interagency guidance will enable the agencies to make clear, consistent, and predictable jurisdictional determinations,” said John Paul Woodley, Jr., the assistant secretary of the Army who oversees the Corps of Engineers. For full article, go to: http://www.bayjournal.com:80/article.cfm?article=3125
 
High Court Rules for NAHB in Clean Water Permit Case
 
NAHB Press Release - June 26, 2007
The U.S. Supreme Court has ruled in favor of regulatory balance-and environmental stewardship-in a five to four decision regarding home builders' consultation requirements under the Endangered Species Act. In the case of National Association of Home Builders v. Defenders of Wildlife, the court reversed and remanded a lower court decision that required the U.S. Environmental Protection Agency to consider the protection of "listed" species before handing Clean Water Act permitting authority over to the state of Arizona. The EPA had determined that the state met all the necessary criteria for receiving that authority. For the full story, go to: http://www.nahb.org/news_details.aspx?sectionID=148&newsID=4875 For another article on this topic, go to: http://www.sahba.org/regulatory_issues_general/June13_07.html For a direct link to learn more about Nationwide Permit 46 (discharges in ditches), go to: https://www.nwo.usace.army.mil/html/od-rwy/NP%2046.pdf For the NPR story, (audio only), go to: http://www.npr.org/templates/story/story.php?storyId=11382924

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LEGISLATIVE NEWS

House Clean Water Act Hearings Scheduled July 17 and 19
 
The House Transportation and Infrastructure Committee has scheduled hearings on July 17 and 19 on the status of the nation's waters, including wetlands, under the jurisdiction of the Federal Water Pollution Control Act.  For more information visit: http://transportation.house.gov/
 
Wetlands Loan Act is Reintroduced in Congress

 

By Neil Shader – Ducks Unlimited News Release – June 18, 2007
In an effort to have wetland conservation keep pace with soaring land prices, Congressman Mike Thompson (CA) introduced legislation to reauthorize the Wetlands Loan Act. Congressman Don Young (AK) joined Thompson as a co-sponsor of the bill that aims to reinvigorate long-term protection of wetlands and associated habitats in the United States.  The Wetlands Loan Act would authorize an advance of $400 million of federal duck stamp revenue over the next 10 years for wetlands protection in key areas for waterfowl and other wildlife. “We commend Congressmen Thompson and Young for recognizing the urgent need to conserve breeding habitat for the future of waterfowl and waterfowling,” said Scott Sutherland, director of Ducks Unlimited Governmental Affairs Office in Washington, D.C. “The protection of valuable waterfowl habitat in areas like California’s Central valley has become very expensive, and additional duck stamp revenue will allow landowners to protect land now before it is too late.” For full story, go to: http://www.ducks.org/news/1280/WetlandsLoanActisRei.html

 

DC: $20M Targeted for Beach, Bay, Rivers

 

Restoring habitat at Assateague Island and replenishing Ocean City's beaches are two priorities in a Senate appropriations bill directing nearly $20 million into the Eastern Shore that passed Friday. "This is a federal investment in the lives and livelihoods that depend on the (Chesapeake) Bay," said Sen. Barbara A. Mikulski, D-Md., a member of the committee that passed the 2008 Energy and Water Development spending bill. For full story, go to: http://www.delmarvanow.com/apps/pbcs.dll/article?AID=/20070630/NEWS01/706300322/1002

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STATES NEWS

WA: Comments sought on Wenatchee River Water Regulation Changes
 

Contact: Joye Redfield-Wilder – Washington State Dept. of Ecology – July 12, 2007
Formal comments are now being accepted on a proposal by the Washington Department of Ecology (Ecology) to change how Wenatchee River water resources will be managed in the future. Comments will be accepted through Aug. 24, 2007. The proposed amendments to the "Instream Resources Protection Program for the Wenatchee River Basin" will make more water available for residential and stock uses over the next 20 years, while at the same time protecting stream flows and existing water rights. A public hearing on the proposed rule amendments will be held at 7 p.m. on Aug. 7 at Leavenworth City Hall. For full release, go to: http://www.ecy.wa.gov/news/2007news/2007-192.html

 
CA: State Orders Project Halted
 
By Deborah Schoch – Los Angeles Times – July 11, 2007
The California Coastal Commission's executive director has ordered Bixby Ranch Co. to halt a construction project that altered and filled a piece of the Los Cerritos Wetlands in Long Beach, calling the work a violation of the state Coastal Act. The commission staff is also investigating two other alleged violations in the sprawling salt marshes on the border between Los Angeles and Orange counties. A pond estimated at five acres has dried up on Bixby land just east of the Trader Joe's off 2nd Street, staff members said Tuesday. "There are allegations that they were pumping water out of the wetlands area. That is still under investigation," said Aaron McLendon, an enforcement official at the commission's headquarters in San Francisco. For full story, go to: http://www.latimes.com/news/printedition/california/la-me-marshes11jul11,1,407380.story?coll=la-headlines-pe-california&ctrack=1&cset=true
 
FL: MosaicFfiles to Open New Phosphate Mine
 

By Greg Martin – Sun Herald – July 11, 2007
Just a few months after a study showed the Peace River is hurting from the loss of 136,000 acres of wetlands and 343 miles streams due to mankind's impacts, the Mosaic Fertilizers company is requesting permission to excavate another 500 acres of wetlands and 10 miles of streams on a proposed 10,800-acre mine that would straddle a portion of the river. But, modern mitigation requirements now require the phosphate industry to replace the wetlands and streams it excavates with manmade facsimiles. And Mosaic has designed its reclamation plan to combine that mitigation with natural wetlands to be preserved on that site, according to Kaley Miller, spokeswoman for Mosaic. For full story, go to: http://www.sun-herald.com:80/breakingnews.cfm?id=2690

 
SD: Grass + Wetlands = Beef Profits and Lots More
 

By Lon Tonneson – Dakota Farmer – July 11, 2007
I don't know what's more impressive on the Neil and Muriel Bien ranch near Veblen, S.D. – the cattle and the grass or the scenery and the wildlife. The Angus cows and calves look fat, happy and healthy. It's July 6 and they're standing belly deep in grass near the highest point on the Coteau Hills in eastern South Dakota. There's been plenty of rain in the hills this year and the Biens' have made the most of it. Their 5,500 acre ranch is divided into paddocks ranging from 40 to 320 acres in size. They move the cattle through paddocks on a schedule that leaves more grass behind than most producers start with. They rest the grass sometimes for months, allowing the grass to regrow. "We try to keep the grass like it is in June," Neil says. In every direction, I can see wetlands. There are hundreds on the ranch. They range from a few hundred square feet to 80 acres in size and 6 inches to dozens of feet in depth. For full story, go to: http://dakotafarmer.com:80/index.aspx?ascxid=fpStory&fpsid=29099&fpstid=2s

 
NY: NYC's Jamaica Bay Wetlands Fading Away
 

By Deepti Hajela – Washington Post – July 10, 2007
The scene from Dan Mundy's living room window is worlds away from the normal urban views of New York City. The sky is a brilliant blue, and the waters lapping at the stone wall just a few feet away are clear and calm. A duck paddles off, and even a jellyfish looks more peaceful than dangerous as it undulates near Mundy's dock. Welcome to Jamaica Bay, a wildlife haven just next door to John F. Kennedy International Airport and a short subway ride from Manhattan's skyscrapers. But the tranquility hides a truth well-known to Mundy and others who have spent their lives here _ the salt marsh islands dotting Jamaica Bay are disappearing. For full article, go to: http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071000097.html

 
OR: Trails Offer Outlet to Gget a Little Wild
 

By Brooke Myers – Gresham Outlook – July 10, 2007
While there are countless great hiking spots in and around Portland, several wetland areas, like the one in Tualatin, offer walking trails with the added punch of guaranteed wildlife viewing. Migrating birds flock to Oregon wetlands, which are ideal for feeding, nesting and camouflage. The Tualatin River refuge, managed by the U.S. Fish and Wildlife Service, is about 15 miles southwest of downtown Portland and caters to those who want a easy walk. The one-mile gravel trail, open year-round, is essentially flat. Several large ponds in the marshy refuge are home to a countless number of ducks. For f