Author: Marc Seelinger

Wetland Wednesday

July 8, 2020

The Ohio EPA issued a public notice for a new Draft General Permit for Impacts to Ephemeral Streams and Isolated Wetlands to address the recently finalized Navigable Waters Protection Federal Rule that is effective as of June 22, 2020.  The OH comment period ended on June 17, 2020.  This new rule is intended to fill the jurisdictional gaps that arise form the new federal rule.  The final OH rule went into effect on June 25, 2020.

The Ohio rule is based out of a concern that the new Navigable Waters Protect Rule (NWPR) eliminates certain waters from federal jurisdiction.  The new OH rules’ intention is to regulate what would have been otherwise historically federally jurisdictional.  Ephemeral streams (those that flow primarily during rainfall events) and isolated wetlands will no longer be subject to federal oversight under the Clean Water Act (CWA).  Ohio (and many other states) that have relied on federally delegated permitting authority to protect these resources can no longer issue permits under the authority of the CWA. However, states can use their own state authority to protect these resources.

Rather than adopt new state regulations, Ohio has modified its existing permit program to include special consideration for ephemeral streams and isolated wetlands.  These include additional permit conditions for ephemeral streams that fall under these permit programs:

• Construction Storm Water General Permit
• 401 Water Quality Certification
• Isolated Wetland Permit

Ohio also has in place an existing Isolated Wetland Permit program.  This program will persist to protect isolated wetlands and has been in use since 2001.

Ephemeral streams generally are above the water table and stormwater is the primary source of stream flow.  They help control run-off and erosion.  The filter pollutants and they help reduce flooding.

Isolated wetlands tend to be small and may or may not have a groundwater connection.  They do serve as unique short-term habitat for a number of rare species (vernal pools for example).  They also help as nutrient sinks and they store storm water during wet weather events. 

The modified permit program does exclude certain water bodies from its jurisdiction including agricultural ditches, roadside ditches, and grass swale waterways.

There may or may not be mitigation required for impacts to ephemeral streams and isolated wetlands.  Currently, the existing guidance for impact thresholds seems to remain the same as it was prior to the federal rule.  However, this may change as time goes on. 

This new program is a good example of states taking the regulation of aquatic resources into their own hands.  This was anticipated in the drafting of the NWPR and will hopefully focus attention on water resources that are important to local communities.

Wetland Wednesday

June 17, 2020

As part of the new Navigable Waters Protection Rule the EPA and the US ACOE are developing national standards for classifying perennial and intermittent streams. The EPA defines Streamflow Duration Assessment Methods (SDAMs) as “rapid field assessment methods that use hydrological, geomorphological, and/or biological indicators, observable in a single site visit, to classify streamflow duration as perennial, intermittent, or ephemeral at the reach scale.”

The goal of SDAM is determine if a stream can be classified as perennial, intermittent or ephemeral. The Navigable Waters Protection Rule does not include ephemeral streams as part of its Waters of the US (WotUS) definition. Therefore the SDAM serves as a jurisdictional determinant as well as a stream classification method. Only perennial and intermittent streams are regulated as WotUS.

The SDAM is envisioned to be a regional tool that will have many variations based upon local concerns and priorities. Currently there are five published methodologies that EPA is considering as eligible for its SDAM program. These include:

• 

• SDAM for the Pacific Northwest
• North Carolina Method
• New Mexico Method
• Tennessee Guidance for Hydrologic Determinations
• Fairfax County, Virginia Perennial Stream Field Identification Protocol

In addition the EPA is expanding the development of SDAMs based upon regional ecological differences. These regions overlap the U.S. Army Corps of Engineers Ordinary High Water Mark Scientific Support Document as shown above. In the meantime, the aforementioned methodologies can be used to support a new jurisdictional determination request. Don’t forget these new rules go into effect next week.

Wetland Wednesday

June 3, 2020

Just how accurate are vegetation inventories? Currently, we are allowed to do a visual estimate of percent cover of a given plant species. Based upon the 2018 US Army Corps of Engineers National Wetland Plant List we can determine whether a site has a hydrophytic plant community. Two issues arise from this methodology. The first of course is the proper identification of the plant species. Most wetland biologists put forth a tremendous effort in trying to correctly identify both the genus and species of a given plant. However, the second issue is the estimate of percent cover. This is highly subjective and prone to large error.

The procedure for determining percent cover is a simple guesstimate of looking up into the sky and estimating how much cover each species occupies. Similarly, we also look downwards and estimate the aerial cover of smaller species. The problem lies in the fact that it’s a guess. If you were to have a dozen wetland biologists on a given site I can almost guarantee that you will have a dozen sets of data. The problem is exasperated by the fact that it is entirely possible for one group of individuals to identify a plant community as being hydrophytic and another group looking at the exact same plant community and finding it to be upland.

How is this possible? Well quite simply the problem lies in the data collection itself. The current methodology can have variances in excess of 20 to 30%. If you were to go to court and had to defend your data what would be your comfort level given this type of variance?

Fortunately, the US Army Corps of Engineers has published another plant collection methodology. Buried deep in the back of the regional supplements in what is usually appendix B is the procedure called the point intercept sampling method. This procedure is highly accurate and can have a variance of less than 1% among numerous data collectors. As you might suspect it takes a bit longer to do this type of procedure but the data is rock solid.

The following procedure is taken directly from US Army Corps of Engineers regional supplements for wetland delineations. It is highly recommended that you consider incorporating this procedure into your routine wetland delineation methods. As part of our wetland delineation programs we are now offering training using this methodology.  Please review the methodology outlined below and let us know your comments.

Appendix B: Point-Intercept Sampling Procedure for Determining Hydrophytic Vegetation

The following procedure for point-intercept sampling is an alternative to plot-based sampling methods to estimate the abundance of plant species in a community. The approach may be used with the approval of the appropriate Corps of Engineers District to evaluate vegetation as part of a wetland delineation. Advantages of point-intercept sampling include better quantification of plant species abundance and reduced bias com- pared with visual estimates of cover. The method is useful in communities with high species diversity, and in areas where vegetation is patchy or heterogeneous, making it difficult to identify representative locations for plot sampling. Disadvantages include the increased time required for sampling and the need for vegetation units large enough to permit the establishment of one or more transect lines within them. The approach also assumes that soil and hydrologic conditions are uniform across the area where transects are located. In particular, transects should not cross the wetland boundary. Point-intercept sampling is generally used with a transect-based prevalence index (see below) to determine whether vegetation is hydrophytic.

In point-intercept sampling, plant occurrence is determined at points located at fixed intervals along one or more transects established in random locations within the plant community or vegetation unit. If a transect is being used to sample the vegetation near a wetland boundary, the transect should be placed parallel to the boundary and should not cross either the wetland boundary or into other communities. Usually a measuring tape is laid on the ground and used for the transect line.  Transect length depends upon the size and complexity of the plant community and may range from 100 to 300 ft (30 to 90 m) or more. Plant occurrence data are collected at fixed intervals along the line, for example every 2 ft (0.6 m). At each interval, a “hit” on a species is recorded if a vertical line at that point would intercept the stem or foliage of that species. Only one “hit” is recorded for a species at a point even if the same species would be intercepted more than once at that point. Vertical intercepts can be determined using a long pin or rod protruding into and through the various vegetation layers, a sighting device (e.g., for the canopy), or an imaginary vertical line. The total number of “hits” for each species along the transect is then determined. The result is a list of species and their frequencies of occurrence along the line (Mueller-Dombois and Ellenberg 1974, Tiner 1999). Species are then categorized by wetland indi- cator status (i.e., OBL, FACW, FAC, FACU, or UPL), the total number of hits determined within each category, and the data used to calculate a transect-based prevalence index. The formula is similar to that given in Chapter 2 for the plot-based prevalence index (see Indicator 3), except that frequencies are used in place of cover estimates. The community is hydrophytic if the prevalence index is 3.0 or less. To be valid, more than 80 percent of “hits” on the transect must be of species that have been identified correctly and placed in an indicator category.

The transect-based prevalence index is calculated using the following formula:

PI = FOBL + 2FFACW + 3FFAC + 4FFACU + 5FUPL

FOBL + FFACW + FFAC + FFACU + FUPL

where:

PI  =  prevalence index

FOBL   =  frequency of obligate (OBL) plant species;

FFACW  =  frequency of facultative wetland (FACW) plant species;

FFAC   =  frequency of facultative (FAC) plant species;

FFACU   =  frequency of facultative upland (FACU) plant species;

FUPL   =  frequency of upland (UPL) plant species.

Wetland Wednesday

May 20, 2020

It is with a heavy heart that I must write to you today to tell you of the demise of the New Jersey School of Conservation (NJSOC).  Montclair State University has announced the permanent closing of the school effective July 1, 2020.  It was 71 this year succumbing to complications associated with COVID-19.  It had underlying conditions that stemmed from the State of New Jersey’s withdrawal of financial support going back to 2010 leaving Montclair solely responsible for its welfare.  However, recent budget shortfalls arising out of the pandemic have forced the University to pull the plug on the school’s life support.  The school is survived by 20 now unemployed staff and tens of thousands of students who have benefited from the knowledge and experienced shared at NJSOC over the past 71 years.

The New Jersey School of Conservation was born out of the idea that, “Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime.”

In 1949, the School was built from an abandoned Civilian Conservation Corps (CCC) camp.  Its primary mission at the time was to provide a place to educate inner city children about the outdoors.  In the subsequent years it had evolved into a teacher training facility that all NJ state college students would attend.  Montclair Normal School was New Jersey’s teaching academy and had very close ties to NJSOC that eventually lead to Montclair State College assuming control of the school in 1981.  Along with this assumption came an annual state grant to sustain the school.  The grant was to be provided by the NJ State Legislature in perpetuity however, in 2010 the grant was revoked by the state.  Since then, Montclair State University was solely responsible for the school’s upkeep.

From its founding NJSOC taught environmental stewardship values and science.  It was one of the largest centers of its type in the world and was the birthplace of environmental education.  There are many educators, scientists, authors, legislators, artists, and more who have had their lives inexorably changed because of their time at NJSOC.  From summer camp experiences to teacher training workshops, to school field trips NJSOC has been there to educate and inform its students about the importance of conservation of natural resources.

I find it ironic and quite sad that in this age of environmental awareness the school would succumb to neglect.  There are very few places, especially in New Jersey where students can immerse themselves in the beauty of a hemlock forest and learn about stream ecology.  Then, spend an evening listening to barred owls calling before going to bed.  It heralds an ancient time when we were much closer to the ecology we are very much a part of.

How important is it to learn about the trees and wildflowers around you?  Do you really care what that bird is?  Does wetland or stream ecology really matter all that much?

Without places to teach these things the knowledge will be lost.  We see this every day.  How few of us know our birds, or flowers or trees.  We expect someone out there should know them, but this needs to be handed down from generation to generation.  Without a place to teach this, it will be forgotten.

I am writing this from North Carolina.  About a decade ago North Carolina closed the Office of Environmental Education.  There was a big letter writing campaign to keep it open.  While there were some cutbacks, the program remains today stronger than ever.  Your opinion matters.  So, if you are in New Jersey write your representative and tell them to fund the New Jersey School of Conservation as was promised in 1981.  If you are not from New Jersey, spread the word that places like NJSOC are important and need to be supported.

In lieu of flowers, please send a letter of environmental education support to your elected representatives.

Thanks,

Marc Seelinger, NJSOC Camp Wapalanne Staff, 1985
Montclair State College Class of 1987

Breaking News!

Surrounded by extended family and friends the patient is showing signs of life! It is well attended by many loving caretakers and with your help we may well save it. Keep those letters coming in! They really help. To keep up to date on how the school is doing visit The Friends of the NJ School of Conservation page for all of the latest news.

Wetland Wednesday

May 6, 2020

With virtual graduation right around the corner I thought it might be helpful to offer some advice on entering the wetland career job market.  Please feel free to forward this post to anyone you think might need help finding a job.  I know many of our subscribers either work in a related wetland science field or have a general interest in wetland studies.  So, if you think you might be able to help a recent graduate please pass this on.

First, I want to congratulate you on your hard work.  It is extremely disappointing to put in four or more years of toil and strain only to receive a diploma in the mail and perhaps a Zoom graduation ceremony.  Currently, I am hosting two senior college refugees at our home.  My daughter, who is a junior has a friend who had an obligation at NC State and could not initially go home.  My niece is also staying with us and now they are trapped till the end of the semester.  Both are seniors and both are extremely frustrated with looking for a job, graduation, etc.  So, you have my sympathies.

However, we must look forward to a post Corona world.  What can you do now to help get a job?

The answer is simple.  You need to get some “real world” training.  No matter your field you need to look at what skill sets are needed at a prospective job and get them now.  This not only applies to wetland science, but across all industries.

Now, I know the last thing you want to hear is that you need more schooling.  Four years of college should seem enough to get started.  However, no matter what job you are looking at your employer is going to require that you either get on the job training or attend a training workshop.  To be quite frank, a college degree opens the door to a job, but it does not give you all the skills you need to do the job.  That is what training is for.

A very simple example is found at your local supermarket.  Most supermarkets have at least one week of employee training before they face the public.  Now you could have an MBA, but not know how to run the register or know which aisle you can find peanut butter.  You think it would be by the bread, but it is actually by the canned goods.  Many supermarkets have a treasure hunt for groceries as part of their training.  Then add in the reporting, human resource compliance, how to deal with U-scan, etc. and it can be quite a lot.  None of which you are going to learn in college.

Supermarkets cannot hire fast enough to keep up with today’s curbside delivery demand.  However, each new employee needs to undergo the training process, and this takes time.  Now imagine a job seeker from another store of the same supermarket chain is looking to go back to work.  They have the training and can start filling curbside carts right away.  Of course, this store does keep the peanut butter by the bread but they will get there.  How much thought do you think the store manager will have to put in before they offer the prospect a job?  I would argue just about none and I would see if they could start today.

So how does this translate to wetland science?

The issue today is that many of the large and small firms have had to institute some layoffs.  In addition, they have not been able to do personal job interviews.  Right now, we are at the beginning of wetland delineation season.  The problem facing employers is that they need to get their work crews back and also hire new recruits for work that has already started.  There is no guarantee that the furloughed workers will return, and the new recruits need training.

So, what can you do?

Get trained now!  Take a basic wetland delineation class today.  When you send in your job application having completed basic training you are head and shoulders above other job seekers.  You move to the front of the line.

Why?

You can start working on billable work almost immediately.  Plus, you have saved the company the tuition, any class related travel expenses, and the most expensive aspect of training, non-billable hours.  This can represent thousands of dollars that the company does not have to spend.  Going into the job interview you are the most cost-effective hire they will have to consider, and you can start making them money right away.

Obviously, we have a stake in this, but we really want to help you get a job.   As part of our training program we provide you with many job resources and are happy to discuss any job seeking advice we can offer.  Give us a call or start a chat if you need any help.

All the best,  Marc