Natural Resource Conservation

Natural Resource Conservation: Wetlands and Endangered Species

Mary Anderson

Air Force Center for Environmental ExcellenceApril 26, 1999

NATURAL RESOURCES --Wetlands

! What are they?! How do they function? ! Laws and Regulations

– (E.O., CWA, Farm Bill, TNRCC)– Section 404 Permit Process

What are Wetlands?! “areas inundated or saturated by

surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetationtypically adapted for life in saturated soil conditions”

!! WETLAND = hydrology + vegetation + WETLAND = hydrology + vegetation + hydric soilshydric soils

Wetland Definitions! JURISDICTIONAL

– “legal” delineation based on COE protocol (1987 Wetland Delineation Manual)

– delineation based on: hydrology, plants, and soils

– required for Section 404 permitting process

! N.W.I.– USFWS means of

tracking loss of waterfowl habitat

– criteria based on Cowardian system of wetland and deep water habitats

• Marine, Estuarine, Riverine, Lacustrine, and Palustrine

• degree of open water– cannot be used in

Section 404 permit

What do Wetlands “look like”?

How do Wetlands function?! Very valuable in many ways:

– as groundwater recharge areas that filter rain and surface water into underlying aquifers

– flood control by acting as natural water retention system during rain events

– filter and denature environmental pollutants (pesticides, heavy metals, and chemicals, especially nitrogen and phosphorous), and

– provide excellent wildlife habitat corridors

Wetland Laws and Regulations:! Clean Water Act (33 U.S.C. 1318)

– Section 404: establishes program to regulate discharge of dredged and fill material into Waters of the US, including wetlands

– EPA and COE regulators

! Rivers & Harbors Appropriations Act of 1899– Section 10: establishes program regulating

navigable waters, including wetlands– COE regulator

Wetland Laws and Regulations! Federal Agriculture Improvement & Reform Act of

1996 (a.k.a. Farm Bill)– 4 programs related to conservation of wetland on

agriculture lands– NRCS regulator

! Coastal Wetlands Planning, Protection, &Restoration Act (CWPPRA)

! North American Wetlands Conservation Act (NAWCA)

Wetlands Laws and Regulations! Executive Orders (E.O.)

– 11988: Floodplain Management• order by President Carter (1977) to avoid

adverse impacts associated with the occupancy and modification of floodplains

• www.epa.gov/OWOW/wetlands/regs/eo11988.html

– 11990: Protection of Wetlands• order by President Carter (1977) to avoid

adverse impacts associated with the destruction or modification of wetlands

• www.epa.gov/OWOW/wetlands/regs/11990.html

Section 404! Sec 404(b)(1) Guidelines, 40 CFR 230:

– determine environmental criteria used in evaluating activities regulated (EPA)

! 33 CFR 320-330:– procedures and criteria for the issuance of

Sec 404 permits (COE)! 40 CFR 232:

– definitions applicable to Sec 404 program and exemptions from regulations

Section 404 Process:! Determine if wetlands are present

– have biologist determine presence of the 3 criteria

! Determine potential impacts to those wetlands – filled or dredged– possible for buffer to protect wetland

! Determine “how much” wetland could be impacted – 3 acres is a magic number

Section 404 Process (continued)! Talk with regional COE District

– Ask for pre-application meeting – Be prepared for meeting, have the following

available:• detailed description of the activity• maps of “jurisdictional” wetlands• actions to lessen impact to wetlands or mitigate

loss of wetland

! www.spk.usace.army.mil/cespk-co/regulatory /RPP-bro.html

Types of Permits! Individual Permit

– required for >3 acres of wetlands impacted– requires public notice of proposed project– requires consultation with SHPO, USFWS, and

TNRCC– takes 60 - 120 days

! Nationwide Permit (NW26 most commonly known)– impacts on <3 acres of wetlands– minor impacts (i.e. road crossings, bank

stabilization)

NATURAL RESOURCES --Endangered Species

! Which ones do I worry about?! What do I need to do?! Regulations

– Endangered Species Act• USFWS is to protect endangered and

threatened species and the habitats they depend on.

Endangered Species! Which ones are in the San Antonio area:

– Golden Cheeked Warbler– Black Capped Vireo

! Critical Habitat of these speciesCommonly Associated Plants: Texas oak, shin oak, cedar elm, netleafhackberry, flameleaf sumac, agarito, Mexican persimmon, Texaspricklypear, kdneywood, sawgreenbriar, Texas wintergrass, littlebluestem, curlymesquite, Texas grama, Halls

panicum, purple three-awn, hairytridens, cedar sedge, two-leavedsenna, mat euporbia, rabbit tobacco.

Endangered Species

! What do I do?– Get qualified biologist to survey for species

and critical habitat– Consult with USFWS and TNRCC– Determine actions to lessen impacts to

target species (timing of construction, replacing lost habitat, providing water sources)

Endangered Species

! Definitions:– Threatened

• likely to become endangered if not protected– Endangered

• immediate danger of becoming extinct and needs protection to survive

– EXTINCT• species of plant or animal NO LONGER

LIVING!!!! -- it’s too late

Reasons why we have T&E species! Loss of habitat! Pesticides or pollution! Competition with other species! Disease! Predation! Illegal or unregulated killing or collecting

Private Landowners! Know the ESA and their rights and

responsibilities! Consult with USFWS and TNRCC

– both have offices and personnel in Austin– www.fws.gov/r9endspp/section7/section7.htm

(Section 7 Consultation Handbook -- vital document)

! Develop and implement a Habitat Conservation Plan

! Apply for Incidental Take Permit, if necessary

Habitat Conservation Plans! Contents defined in Section 10 of ESA:

– assessment of impacts likely to result in a “taking” of a listed species

– measures (actions) to be undertaken to monitor, minimize, and mitigate for said impacts; could cost $$$$

– alternative actions analyzed and why not taken

– any additional measures the USFWS deem necessary or appropriate

! www.fws.gov/r9endspp/hcp/hcpbook.htm

Contacts! USFWS, Region 2

– Steve Chambers, Chief, Division of Endangered Species, P.O. Box 1306, Albuquerque, NM 87103

– Austin, Texas Ecological Services Field Office,10711 Burnett Rd., Suite 200, Austin, Texas 78758 Telephone: (512)490-0057 Email: [email protected]

! TNRCC, SA Office– 210.490.3096

Reason WHY -- there is only one

Resources

! References: see following slides

! People:– Mary Anderson, botanist

HQ AFCEE/ECRDSN [email protected]

Federal Agency Wetlands Resources

! Environmental Protection AgencyTheir mission is: . . . to protect human health and to safeguard the natural environment . . . The Office of Water section is the leading website for wetland issues and information. This agency is the primary regulator for the Clean Water Act and they work closely with the COE (US Army Corps of Engineers) in the permitting aspects. The EPA is divided into different regions with Texas being in Region 6. Call 1-800-887-6063 Region 6 Public Information Center for assistance. Visit their home page at www.epa.gov/ and the Office of Water program page at www.epa.gov/OWOW/wetlands/. Both sites are very user friendly.

Federal Agency Wetlands ResourcesUS Army Corps of Engineers (COE)

– Waterways Experiment Station (WES) has been doing “water” related studies since its inception. The WES Environmental Laboratory researched and produced the 1987 Wetland Delineation Manual (http://www.wes.army.mil/el/wetlands/wlpubs.html) that is the only approved manual for wetland delineations for jurisdictional wetlands and Waters of the United States. They also have other publications for wetlands and wetland ecology.

– This agency is also responsible for approving wetland delineations and Section 404 permits. The San Francisco District office (http://www.spk.usace.army.mil/cespk-co/regulatory/) has the most complete source of data for the permit processes and applicable laws.

– The brochure “Recognizing Wetlands” is on-line (without graphics) at: www.spk.usace.army.mil/cespk-co/regulaotry/RW-brochure.html

Federal Agency Wetlands ResourcesNatural Resources Conservation Service (NRCS)

This is the primary agency for overseeing the “Farm Bill” to assist farmers with wetland concerns. Homepage at: http://www.nhq.nrcs.usda.gov/OPA/FB96OPA/FBillLnk.html

Other Wetlands ResourcesTexas Natural Resources Conservation Commission (TNRCC)– For the scoop and resources for the state of Texas, this is the web site

to begin: http://www.tnrcc.state.tx.us/Handbooks Available from Government Institutes, Inc.:– Braddock, Theda. 1995. “WETLANDS: An Introduction to Ecology,

the Law, and Permitting”. Government Institutes, Inc. Maryland: Rockville.

– Steinberg, Robert E., Porter, Wright, Morris & Arthur. 1991. “Wetlands and Real Estate Development Handbook”. Government Institutes, Inc. Maryland: Rockville.

– To order either document: Government Institutes, Inc. 4 Research Place, Suite 200 Rockville, Maryland 20850

Endangered Species Resources

! US Fish and Wildlife Service (USFWS)

– You don’t need to go anywhere else except here for all the information on T&E species and how to work with the USFWS as a private landowner. http://www.fws.gov/r9endspp/endspp.html

! Texas Parks and Wildlife

– This is the state site and it has lots of very useful information on Texas T&E species – with pictures…. http://www.tpwd.state.tx.us/nature/endang/endang.htm