Webinar January 25, 2018 W&M Environmental Group, LLC. Water ers o s of t the U he U.S. S.
Presented By: Anjali Karve , M.S. Certified Ecologist (Ecological Society of America) Certified Wetland Delineator (Army Corp of Engineers) Ph.D. Candidate, Forestry, University of Toronto M.S. Biological Sciences, University of Alaska Anchorage 2
Waters o of the US Surface waters – lakes, streams, rivers, wetlands 3
CLEAN AN W WATER AC ACT • Federal law that protects nation’s surface waters including lakes, rivers, streams, wetlands, and coastal areas. • Regulates the discharge of pollutants into the nation’s surface waters. • Passed in 1972 and amended in 1977 and 1987. • Boundaries are generally defined by ordinary high water mark or high tide mark 4
CA CATEGORIES S – Waters o of the US great lakes 1. Waters used in interstate or foreign commerce Rio Grande Mississippi River 5
CA CATEGORIES S – Waters o of the US 2. Waters subject to ebb and flow of the tide Neuces Bay Neuces River Corpus Christi Bay Gulf of Mexico 6
CA CATEGORIES S – Waters o of the US 3. All other waters, the use, degradation or destruction of which could affect interstate or foreign commerce (e.g., wetlands, mudflats, lake, streams, wet meadows, etc.). 4. All impoundments of 1, 2 and 3 Louisiana 5. Tributaries of 1, 2 and 3 6. Territorial seas (12 nautical miles from coast) 7. Adjacent wetlands Texas impoundments 7 tributaries mudflats
CH CHALLE LLENGES Wetlands 8
CH CHALLE LLENGES Tributaries 9
REGU GULATORY A AUTHO HORITY – US A Army C Corp of En Engineers Marine Protection, Research Clean Water Act Rivers and Harbors Act and Sanctuaries Act 10 Source: U.S. Army Corp of Engineers
PER PERMITS NATION WIDE PERMITS (52 NWPs) • impacts < 0.5 acres • projects of common activity of small nature • each has specific requirements/ conditions • Some require preconstruction notification • 45-day turn around period INDIVIDUAL PERMITS • impacts > 0.5 acres • usually requires alternate analysis • no regulatory time frame 11
WOTUS Ru Rule • June 2015. Obama administration adopts the ‘Clean Water Rule: Definition of Waters of the United States.’ (WOTUS RULE). • August 2015. Original effective date of the WOTUS RULE. • February 2017. President Trump issues Executive Order directing the EPA and USACE to review the WOTUS RULE. • July 27 2017. EPA and USACE propose to rescind the WOTUS RULE. • November 2017. EPA and USACE proposed to amend the effective date of the WOTUS RULE until 2020, to give them time to reconsider and revise the definition. 12
Wher here we ar e are no e now… • WOTUS RULE (2015) CURRENTLY UNDER STAY • The agencies plan to propose new definition taking into consideration the plurality opinion. • Relatively permanent, standing or flowing bodies of water and not occasional, intermittent or ephemeral waters. • Wetland must have a continuous surface connection to waters of the US “ The agencies will continue to implement the regulatory definition in place prior to the 2015 rule, consistent with Supreme Court decisions, agency guidance, and longstanding practice.” 13
For more information contact: Anjali Karve, M.S. Certified Ecologist Email: akarve@wh-m.com Tel: 972-954-4017
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