Tag: EPA

Understanding Jurisdictional Determinations: Pipes and Swales as Continuous Surface Connections

Background

The U.S. Environmental Protection Agency (EPA) and the Office of the Assistant Secretary of the Army for Civil Works (OASACW) recently issued a joint memorandum addressing the jurisdictional determination (JD) for NAP-2023-01223. This memorandum clarifies the criteria for wetlands to be considered “waters of the United States” (WOTUS) under the Clean Water Act (CWA), following the Supreme Court decision in Sackett v. EPA. This decision is pivotal in determining when wetlands are jurisdictional, requiring a continuous surface connection to navigable waters or other recognized WOTUS.

Summary

The joint memorandum returned the draft approved JD to the Philadelphia District for revisions, ensuring alignment with the Supreme Court’s Sackett decision. The Sackett ruling specifies that wetlands must have a continuous surface connection to waters recognized as WOTUS to fall under CWA protection. This blog post will delve into the critical role of pipes and swales in maintaining this continuous surface connection, thus impacting the jurisdictional status of wetlands.

Assessment of Adjacent Wetlands Consistent with Sackett

The Sackett decision mandates that adjacent wetlands must have a continuous surface connection with traditionally navigable waters or other WOTUS. This standard, first established in the Rapanos plurality opinion, does not require the wetlands and waters to be visually indistinguishable but emphasizes a clear, physical connection. It is important to note that the term “indistinguishable” in this context does not imply a visual similarity; instead, it refers to the physical and hydrologic connection that allows the wetland to function as part of the broader aquatic ecosystem.

Pipes as Continuous Surface Connections

Context and Application

Infrastructure Role: Pipes and culverts are essential for maintaining hydrologic connectivity across roadways, preventing flooding and erosion. They ensure a continuous flow of water between aquatic resources on either side of the road.

Jurisdictional Determination: During storm events and high water flow periods, these pipes help maintain a physical connection between wetlands and relatively permanent waters, supporting their jurisdictional status under the CWA.

Case Example: Wetlands Area #6

Location: Camden Wyoming, Delaware.
Connection: Wetlands Area #6 connects to Red House Branch via a 70-foot pipe under Willow Grove Road.
Hydrologic Role: This pipe ensures continuous surface water flow from Wetlands Area #6 to Red House Branch, meeting the criteria for an adjacent wetland.

Swales as Continuous Surface Connections

Context and Application

Natural and Constructed Features: Swales, which can be natural or constructed, convey water from surrounding uplands and wetlands. They often carry low-frequency and low-volume flows, which can be crucial for maintaining jurisdictional connectivity.

Evidence of Flow: Observations of water flow in swales, especially following precipitation events, provide critical evidence of a continuous surface connection between wetlands and relatively permanent waters.

Case Example: Wetlands Area #8

Location: Camden Wyoming, Delaware.
Connection: Wetlands Area #8 connects to Waters Area #2, a relatively permanent impoundment, via a 350-foot swale.
Hydrologic Role: Observations of water flow in the swale after rain events demonstrate the physical connection necessary for jurisdictional status.

Legal and Regulatory Framework

Clean Water Act (CWA) Provisions: Regulations at 33 CFR 328.3(a)(4) and 40 CFR 120.2(a)(4) outline the conditions under which wetlands are considered adjacent and thus jurisdictional.

Supreme Court Decisions: The Sackett and Rapanos rulings provide the judicial framework for the continuous surface connection requirement, emphasizing the importance of physical and hydrologic connectivity.

Factors Considered in Assessments:

  • Physical Indicators of Flow: Evidence such as surface water flow during storm events and physical connections like pipes and swales.
  • Length and Nature of Connection: The physical characteristics of the connection, such as length and whether it is manmade or natural.

Practical Implications

Recognizing pipes and swales as continuous surface connections has several practical implications:

  • Infrastructure Design: Encourages designs that maintain hydrologic connectivity, supporting wetland preservation.
  • Regulatory Compliance: Assists regulatory bodies and stakeholders in making informed jurisdictional determinations consistent with the CWA and Supreme Court rulings.
  • Environmental Protection: Ensures that connected wetlands receive appropriate regulatory protections, contributing to broader water quality and ecosystem health goals.

Conclusion

The joint memorandum provides detailed guidance on when pipes and swales can meet the continuous surface connection requirement for wetlands, emphasizing context-specific assessments. By examining physical connections and hydrologic evidence, regulatory agencies can make informed determinations that align with the legal standards established in Sackett and Rapanos. This approach ensures that wetlands that truly function as part of the broader aquatic ecosystem are appropriately regulated and protected under the CWA.

Keywords: jurisdictional determination, Clean Water Act, wetlands, continuous surface connection, Sackett v. EPA, Rapanos, pipes, swales, hydrologic connectivity, WOTUS, environmental protection, EPA.

The Chevron Overturn: A New Era for Environmental Law and Consulting

Chevron Blog

The recent decision by the U.S. Supreme Court to overturn the Chevron doctrine marks a significant shift in administrative law, with profound implications for environmental regulation. This landmark ruling will notably impact the workload of environmental consultants, who will find themselves at the forefront of navigating the new legal landscape.

Background on the Chevron Doctrine

The Chevron doctrine, established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., has been a foundational principle in administrative law. It mandated that courts defer to federal agencies’ interpretations of ambiguous statutes within their regulatory domain, provided those interpretations were reasonable. This deference allowed agencies like the Environmental Protection Agency (EPA) considerable leeway in enforcing complex regulations such as those under the Clean Water Act, including the contentious Waters of the United States (WOTUS) rule​ (Home | Holland & Knight)​​ (Politico)​.

Increased Litigation and Regulatory Challenges

With the Chevron doctrine overturned, courts will no longer defer to agency interpretations of ambiguous statutes. Instead, they will exercise independent judgment. This shift is expected to trigger a wave of legal challenges against existing and new environmental regulations. Environmental consultants will play a crucial role in these legal battles, providing expert testimony, preparing detailed environmental impact assessments, and supporting legal teams in understanding and contesting regulatory interpretations​ (SCOTUSblog)​​ (Politico)​.

The legal uncertainty following the end of Chevron deference means that many regulations previously upheld under this doctrine are now open to re-evaluation. This scenario will likely lead to an increased demand for consultants to help navigate the evolving legal landscape and ensure compliance with regulatory requirements.

Need for Detailed Compliance Analysis

Without Chevron deference, the clarity on what constitutes compliance with environmental statutes will diminish. Companies and developers will require more comprehensive and rigorous analyses to ensure they meet the new standards set by independent judicial interpretations. Environmental consultants will need to conduct detailed investigations and provide robust documentation to demonstrate compliance with environmental laws, particularly those related to water quality and land use​ (Politico)​.

For instance, WOTUS regulations, which define the scope of waters protected under the Clean Water Act, could see significant reinterpretations. Environmental consultants will need to stay abreast of these changes and provide accurate assessments to help clients navigate compliance issues.

Policy Interpretation and Guidance

Environmental consultants will be essential in interpreting new court rulings and understanding their implications for existing regulations. The overturning of Chevron deference means that regulatory guidance from agencies may no longer carry the same weight, placing greater responsibility on consultants to interpret legal requirements and advise clients accordingly​ (SCOTUSblog)​.

This role will involve staying updated on the latest legal developments and providing clients with clear, actionable insights on how changes in the law affect their operations. Consultants will need to be adept at translating complex legal decisions into practical compliance strategies for their clients.

Updating Environmental Management Practices

Organizations will need to update their environmental management practices to align with the new legal landscape. This process involves revising standard operating procedures, training staff on new compliance requirements, and ensuring all practices meet the latest interpretations of environmental laws. Environmental consultants will be instrumental in guiding organizations through these updates, ensuring that all aspects of their operations are compliant with the new regulatory environment​ (Home | Holland & Knight)​​ (Politico)​.

The Supreme Court’s decision may lead to more stringent judicial scrutiny of agency regulations, requiring consultants to provide more detailed and scientifically robust analyses to support compliance efforts. This increased scrutiny will necessitate higher standards of environmental documentation and reporting.

Permitting and Project Delays

The process for obtaining environmental permits is likely to become more complex and time-consuming. Without the deference previously afforded under Chevron, agencies may face more challenges in implementing and defending their regulatory decisions. This complexity will extend to the permitting process, where more rigorous and detailed applications will be required. Environmental consultants will be essential in navigating these processes, ensuring that all necessary documentation and environmental impact analyses are thorough and meet the new legal standards​ (Home | Holland & Knight)​​ (Politico)​.

In summary, the Supreme Court’s decision to overturn the Chevron doctrine represents a significant shift in administrative law that will substantially increase the workload for environmental consultants. They will be required to provide more detailed compliance analysis, interpret new legal standards, update environmental management practices, and navigate a more complex permitting process. As the legal landscape evolves, the expertise and guidance of environmental consultants will be more critical than ever in ensuring that organizations remain compliant with environmental regulations.

Unveiling WOTUS: How NOHWM and SDAM Define Our Nation’s Waterways

Stream Site

Establishing Jurisdictional Waters of the United States (WOTUS) Using the US Army Corps of Engineers National Ordinary High Water Mark Manual (NOHWM) and Stream Duration Assessment Method (SDAM)

For environmental scientists, the determination of whether a wetland or waterway qualifies as a jurisdictional Water of the United States (WOTUS) is not just a regulatory necessity but a vital step in preserving our nation’s aquatic ecosystems. At the heart of this process are two pivotal tools provided by the US Army Corps of Engineers (USACE): the National Ordinary High Water Mark (NOHWM) Manual and the Stream Duration Assessment Method (SDAM). Together, these methodologies offer a comprehensive, scientific approach to delineating WOTUS, ensuring that critical water resources are effectively protected.

An image of the cover of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams.

Diving into the National Ordinary High Water Mark (NOHWM) Manual

The National Ordinary High Water Mark (NOHWM) Manual serves as a detailed guide for environmental professionals to accurately identify the Ordinary High Water Mark (OHWM) in various landscapes. The OHWM represents the boundary between jurisdictional waters and upland areas, making it a crucial concept for environmental assessments.

Key Components of NOHWM:

  1. Physical Characteristics: The manual outlines physical indicators that signify the presence of an OHWM. These include:
  • Clear Natural Line: Look for a visible line on the bank formed by the regular presence of water.
  • Soil Changes: Notice differences in soil color, texture, or composition that indicate historical water presence.
  • Vegetation Patterns: Identify areas where terrestrial vegetation is absent or altered due to frequent inundation.
  • Litter and Debris: Examine the accumulation of organic and inorganic materials deposited by water flow.
  1. Regional Adaptations: The NOHWM Manual acknowledges the diversity of the US landscape, providing region-specific guidelines to account for varying hydrological and geomorphological conditions.
  2. Field Procedures: The manual details systematic field procedures, ensuring consistency and accuracy across assessments. This includes standardized data collection techniques, field forms, and documentation practices.

The Weight of Evidence Approach in NOHWM

A critical concept in the NOHWM approach is the “weight of evidence” (WOE) methodology. This approach ensures that multiple lines of evidence are considered when determining the OHWM, providing a more robust and defensible delineation.

Weight of Evidence Approach:

  1. Multiple Indicators: Instead of relying on a single indicator, the WOE approach integrates various physical, hydrological, and biological indicators. This multi-faceted analysis helps in cross-verifying the presence and extent of OHWM.
  2. Corroborative Evidence: Indicators such as changes in soil, vegetation patterns, and physical markings on the bank are examined together. Consistency among these indicators strengthens the determination of OHWM.
  3. Contextual Analysis: The WOE approach considers the broader landscape and hydrological context, including historical data and regional characteristics, ensuring that the delineation is not only accurate but also contextually relevant.
  4. Documentation and Transparency: Detailed documentation of all evidence and indicators used in the assessment is crucial. This transparency enhances the defensibility of the OHWM determination.
An image of the cover of the User Manual for Beta Streamflow Duration Assessment Methods for the Northeast and Southeast of the United States

Stream Duration Assessment Method (SDAM): A Closer Look

For scientists engaged in stream assessments, the Stream Duration Assessment Method (SDAM) is a game-changer. It allows for precise classification of streams based on their flow duration, which is essential for determining their jurisdictional status.

Stream Classifications:

  1. Ephemeral Streams: These streams flow only during and immediately after precipitation events. As a scientist, identifying ephemeral streams involves recognizing temporary water flow patterns and minimal biological activity.
  2. Intermittent Streams: These streams flow during certain times of the year, such as the wet season, but not continuously. Intermittent streams show clear signs of seasonal aquatic life and sediment patterns.
  3. Perennial Streams: Perennial streams flow year-round and are typically considered jurisdictional. These streams support continuous aquatic habitats and show persistent hydrological and biological indicators.

SDAM Assessment Process:

  1. Field Observations: Conduct site visits to observe physical characteristics like bed and bank features, sediment deposits, and biological indicators such as the presence of aquatic organisms and specific plant species.
  2. Hydrological Data Review: Examine historical flow records, precipitation data, and stream gauge information to understand the stream’s flow regime over time.
  3. Biological Indicators: Identify the presence of certain aquatic organisms and plant species that thrive in continuous or seasonal water flow, offering insights into the stream’s duration and consistency.

Integrating NOHWM and SDAM for WOTUS Determinations

The integration of the NOHWM and SDAM methodologies provides a robust framework for determining whether a water body qualifies as WOTUS. For environmental scientists, this integration involves a meticulous blend of physical, hydrological, and biological assessments.

Determination Process:

  1. Preliminary Assessment: Begin with a thorough desktop review, using maps, aerial photos, and existing hydrological data to identify potential jurisdictional waters.
  2. Field Verification: Conduct on-site inspections to validate preliminary findings. Observe physical indicators of OHWM and perform SDAM assessments to classify stream types accurately.
  3. Data Integration: Combine field observations with historical and current hydrological data. This comprehensive dataset aids in making well-informed determinations of a water body’s jurisdictional status.
  4. Documentation and Reporting: Prepare detailed reports that document findings, methodologies, and justifications for the jurisdictional status. These reports provide transparency and serve as a basis for regulatory decisions.

The Environmental Significance of NOHWM and SDAM

For environmental scientists, the accurate identification of jurisdictional waters is paramount. Here’s why:

  1. Protecting Ecosystems: Correctly delineating WOTUS ensures the preservation of vital aquatic ecosystems, protecting them from pollution and degradation.
  2. Ensuring Compliance: Clear identification helps landowners, developers, and other stakeholders understand their obligations under the Clean Water Act, preventing unauthorized activities that could harm protected waters.
  3. Resource Management: Informed decision-making for water resource management, conservation planning, and habitat restoration efforts becomes possible, benefiting both the environment and the communities that rely on these resources.

Conclusion

The National Ordinary High Water Mark Manual (NOHWM) and the Stream Duration Assessment Method (SDAM) are indispensable tools for environmental scientists working to delineate jurisdictional Waters of the United States (WOTUS). By applying these methodologies, the US Army Corps of Engineers ensures that water bodies deserving of protection under the Clean Water Act are accurately identified and managed. For environmental professionals, mastering these methods is not just about regulatory compliance—it’s about playing a critical role in safeguarding the health and integrity of our nation’s precious water resources. Through diligent application of NOHWM and SDAM, we can continue to protect and sustain our aquatic ecosystems for future generations.

Understanding the 2023 Revised WOTUS Rule: Aligning Federal Water Regulations with Supreme Court Guidance

A beautifully illustrated waterway

The revised rule defining “Waters of the United States” (WOTUS) under the Clean Water Act was significantly influenced by the Supreme Court’s decision in the case of Sackett v. EPA. This 2023 amendment refines the scope of waters that are federally regulated, emphasizing the necessity for them to have more permanent, physical connections to traditional navigable waters.

Key Elements of the Revised WOTUS Rule:

  1. Narrowed Definition: The new rule focuses on waters that are:
    • Traditionally navigable waters, including oceans and large rivers.
    • Perennial and intermittent tributaries that contribute flow to traditional navigable waters.
    • Certain lakes, ponds, and impoundments of jurisdictional waters.
    • Wetlands adjacent to other jurisdictional waters that meet specific criteria for a direct hydrological surface connection.
  2. Exclusions: The rule specifically excludes:
    • Features that only contain water in response to rainfall.
    • Groundwater.
    • Many ditches, including most roadside and farm ditches.
    • Prior converted cropland.
    • Waste treatment systems.
  3. Implementation Status: As mentioned, the implementation of this rule is currently mixed due to ongoing litigation:
    • In 23 states, plus the District of Columbia and U.S. Territories, the 2023 rule is in effect.
    • In 27 other states, authorities continue to use the pre-2015 regulatory definitions pending further court decisions.
  4. Legal and Regulatory Framework: The rule is designed to align with the Supreme Court’s narrower interpretation which limits federal jurisdiction to those waters with a significant nexus to navigable waters.
  5. Impact on Regulatory Practices: This revision affects how businesses and landowners manage their land and water resources, particularly concerning permits for development and land use changes.

The practical application of these changes means that permit requirements may vary significantly depending on the state and the nature of the water bodies involved. This complexity underscores the need for ongoing legal guidance and compliance strategies for those affected by these regulations.

For complete details on the regulatory definitions and implications, you can view the official documentation and additional resources provided by the EPA on their WOTUS Rule Information Page.

Navigating New Waters: The U.S. Army Corps of Engineers’ Strategic Response to the Sackett Decision and the Future of Wetland Protections

wetland impacts

In the aftermath of the pivotal Supreme Court ruling in Sackett v. EPA, a seismic shift has occurred in the legal framework governing the protections of the United States’ waters and wetlands under the Clean Water Act (CWA). The U.S. Army Corps of Engineers, tasked with a significant portion of the Act’s implementation through its permitting program, has issued a detailed memorandum dated March 22, 2024, outlining a nuanced and multifaceted strategy to adapt to and mitigate the implications of this landmark decision.

The crux of the Sackett ruling lies in its narrow reinterpretation of the “Waters of the United States” (WOTUS), a critical term under the CWA that delineates the extent of federal jurisdiction over the nation’s aquatic resources. Historically, the scope of WOTUS has been subject to regulatory definitions since the 1970s, with the latest iteration promulgated on September 8, 2023. The Supreme Court’s decision, however, significantly contracted the ambit of federally protected wetlands, specifically those without a continuous surface connection to larger bodies of water, thereby excluding them from the protections afforded by the Act.

This memo from the Army Corps of Engineers charts a forward-looking course, underscoring the imperative to leverage existing legal authorities and resources to safeguard and enhance the resilience of these now more vulnerable aquatic ecosystems. It articulates a comprehensive strategy encompassing Civil Works Actions and Regulatory Program Actions, each with specific initiatives designed to address the challenges posed by the Sackett decision.

Civil Works Actions

The memo delineates several key actions within the Corps’ Civil Works mission to bolster aquatic ecosystem restoration, technical assistance, and the integration of nature-based solutions. These efforts are premised on a nuanced understanding of the ecosystem services rendered by waters and wetlands, emphasizing their critical role in flood mitigation, water quality enhancement, and habitat provision.

  1. Aquatic Ecosystem Restoration: The directive prioritizes projects that restore hydrologic connectivity and improve the physical and biological integrity of ecosystems impacted by the Sackett decision. This includes an emphasis on Section 206 of the Continuing Authorities Program (CAP), highlighting the strategic allocation of resources towards projects that align with the watershed-based needs elucidated by the ruling.
  2. Technical Assistance Programs: Recognizing the pivotal role of state, local, and tribal entities in aquatic resource management, the memo underscores the Corps’ commitment to providing expert guidance and planning assistance. This is particularly relevant for entities navigating the altered regulatory landscape post-Sackett, with a focus on fostering resilience in ecosystems stripped of federal protection under the narrowed WOTUS definition.
  3. Nature-Based Solutions: The memo advocates for the broader adoption of nature-based solutions in Civil Works projects, aligning with ongoing research and development initiatives. This approach is posited as a means to enhance project sustainability and ecological benefits, especially in light of the reduced jurisdictional scope for wetland protections.

Regulatory Program Actions

In addressing the regulatory implications of the Sackett decision, the memo places a strong emphasis on transparency and compensatory mitigation:

  1. Approved Jurisdictional Determinations: It mandates the continuation of transparent processes in issuing jurisdictional determinations, vital for providing stakeholders with clarity on the jurisdictional status of aquatic resources post-Sackett. This transparency is instrumental in enabling informed decision-making and strategic planning by affected parties.
  2. Compensatory Mitigation: Crucially, the memo reiterates that the jurisdictional status of waters and wetlands, as delineated by the WOTUS definition, does not preclude their eligibility for serving as compensatory mitigation under Corps permits. This policy stance is particularly significant, underscoring the Corps’ commitment to a functional and ecological assessment of aquatic resources for mitigation purposes, beyond the binary jurisdictional categorizations constrained by the Sackett ruling.

The memorandum issued by the U.S. Army Corps of Engineers post-Sackett decision is a testament to the agency’s commitment to navigating the complex interplay between environmental protection and legal mandates. Through a meticulous articulation of strategic actions, the Corps aims to fortify the resilience and ecological integrity of the nation’s waters and wetlands, navigating the nuanced legal terrain sculpted by the Supreme Court’s decision. This document not only outlines a path forward in the wake of reduced federal oversight but also reinforces the enduring value of aquatic ecosystems to the nation’s environmental, economic, and social well-being.

Get the USACOE Memo Here

Wetlands at the Water’s Edge

Navigating the Confluence of WOTUS, SDAM, and OHWM in Ecosystem Assessment

The integration of the Waters of the United States (WOTUS), the Stream Duration Assessment Model (SDAM), and the Ordinary High Water Mark (OHWM) in wetland assessment provides a holistic approach to identifying and protecting these ecologically significant areas. However, this integration is not without its challenges, which stem from the complexity of wetland ecosystems, the nuances of environmental regulation, and the need for precise scientific data. Expanding on these challenges and opportunities reveals the intricacies involved in effective wetland management.

Data Precision and Availability

One of the foremost challenges in integrating WOTUS, SDAM, and OHWM is the need for high-quality, precise data. Wetland assessment requires detailed information on hydrology, soil types, vegetation, and other ecological indicators. The accuracy of this data directly impacts the determination of WOTUS boundaries, the application of SDAM, and the identification of the OHWM. However, obtaining such data can be resource-intensive, requiring extensive field surveys, remote sensing technology, and hydrological modeling. Moreover, the dynamic nature of wetlands, which may change seasonally or due to climate impacts, adds to the complexity of maintaining up-to-date and relevant data.

Interagency Coordination

Effective integration of these assessment tools also depends on robust interagency coordination. The regulatory landscape of wetland protection in the United States involves multiple federal agencies, including the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and state and local entities. Each agency may have different mandates, priorities, and methodologies, which can lead to challenges in achieving a unified approach to wetland assessment and protection. Streamlining communication, data sharing, and regulatory processes among these entities is crucial for the effective implementation of WOTUS, SDAM, and OHWM standards.

Dynamic Nature of Wetland Ecosystems

Wetlands are dynamic systems that respond to a variety of environmental factors, including precipitation patterns, river flow regimes, and human activities. The transient nature of these ecosystems poses a significant challenge to the static frameworks used for their assessment and regulation. For instance, the OHWM might shift due to natural sedimentation processes or human-induced changes in water flow, requiring constant monitoring and adjustment of regulatory boundaries. Similarly, the flow characteristics used in SDAM assessments may vary, affecting the classification of water bodies connected to wetlands. Adapting regulatory approaches to account for these dynamic changes is essential for the long-term protection and management of wetland resources.

Legal and Policy Frameworks

The legal and policy frameworks governing wetland protection, particularly the definition and application of WOTUS, have been subject to significant legal challenges and policy shifts over the years. These changes can lead to uncertainty and inconsistency in wetland assessment and protection efforts. For practitioners and stakeholders, staying informed about current regulations and understanding how they apply to different wetland types and situations is a continual challenge. Ensuring that legal frameworks are both scientifically grounded and flexible enough to adapt to new environmental insights is crucial for effective wetland management.

Conclusion

Integrating WOTUS, SDAM, and OHWM in wetland assessment requires navigating complex environmental, regulatory, and technical landscapes. Addressing the challenges of data precision, interagency coordination, the dynamic nature of wetlands, and evolving legal frameworks is essential for creating a coherent and effective approach to wetland protection. Embracing adaptive management strategies, fostering collaboration among stakeholders, and investing in research and monitoring are key steps toward ensuring that wetlands continue to provide their invaluable ecological services for generations to come.

Scout Motors is Filling In a Lot of Wetlands

COLUMBIA, S.C. — Environmental advocates are closely monitoring the developments at the site of the massive electric vehicle plant slated for Blythewood in Richland County, with growing concerns about its impact on the delicate wetlands in the area.

Construction crews are back to work after receiving a permit from the U.S. Army Corps of Engineers, allowing them to resume work that had initially been halted due to worries about wetlands damage.

This project has garnered significant attention, particularly after a report by WIS 10 news suggested that the Scout site could potentially impact a staggering 70,000 acres of wetlands, nearly 40,000 acres of ponds, and approximately 35,000 linear feet of tributaries. However, it’s important to note that this report is highly inaccurate and continues to be the top result in Google news searches related to the project.

While the correct figures are somewhat lower, they are still concerning. The USACOE’s permit will authorize the filling or disturbance of 74 acres of wetlands, 38 acres of ponds, and 7 miles of creek.

The new Scout Plant is situated off Interstate 77 in the northern part of Richland County, but questions and apprehensions loom large regarding its potential environmental impact, and the community is eagerly awaiting answers.

Blythewood Mayor Sloan Griffin shared his thoughts, saying, “It’s scary. Change is always accompanied by uncertainty. There are two sides to every coin – heads and tails. Some are excited, looking forward to the promise of 4,000 jobs and increased business opportunities in Blythewood, thanks to Scout.”

Construction will soon resume on the vast 1,600-acre site in Blythewood, where the Scout Motors manufacturing plant is set to be located.

Last September, Scout had to pause its work following concerns raised by the Environmental Protection Agency (EPA), which had identified evidence of wetlands damage even before the permit was issued.

Additionally, there’s a noteworthy finding indicating that one of the archeological sites, known as 38RD1468, is recommended for inclusion in the National Register of Historic Places (NRHP) under Criterion D. It holds potential for yielding significant insights into the area’s prehistory. However, it’s important to mention that there was not enough data collected during the Phase II investigations to determine its eligibility under other criteria (Criteria A, B, and C).

The Scout Motors project is undeniably intriguing. They are embarking on the production of electric trucks, a technology yet untested in the transportation of goods. This raises questions about the necessity of destroying 75 acres of wetlands for an unproven technology that may or may not compete effectively with traditional trucking methods. While the transition away from fossil fuels is commendable, it’s crucial to ponder whether it should come at the significant cost of our natural environment. Surely, alternative locations with less environmental impact could have been considered for this venture.

Wetland Mitigation Banking

Wetland mitigation banking is an environmental policy tool used to compensate for the loss of wetland functions and values that may occur due to permitted development activities. It represents a market-based approach that allows for the restoration, creation, enhancement, or in some cases, preservation of wetlands to offset impacts from development. Mitigation banks are sites where wetlands and other aquatic resources are restored, created, enhanced, or, in exceptional cases, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar ecosystem types.

History and Regulatory Framework

The concept of wetland mitigation banking emerged in the United States in the 1990s as a response to the loss of wetlands and the requirements of the Clean Water Act (CWA). Section 404 of the CWA establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. The U.S. Army Corps of Engineers (USACE) is tasked with permitting such activities, while the Environmental Protection Agency (EPA) provides oversight.

The goal of the CWA is to achieve “no net loss” of wetlands, a policy which has been supported by successive administrations since the late 1980s. Wetland mitigation banking became a practical tool to achieve this goal, providing a way to compensate for wetland losses with the restoration or creation of wetlands elsewhere, ideally leading to equal or greater ecological benefit.

Implementation of Wetland Mitigation Banking

Mitigation banking works on the principle of wetland credits and debits. When wetlands are impacted by development, a debit is incurred, which must then be compensated by purchasing credits from a wetland mitigation bank. These banks are sites where wetlands have been restored or created with the explicit purpose of providing such credits.

The banks themselves are usually operated by private entities, non-profit organizations, or government agencies. They must adhere to strict criteria regarding the ecological restoration and must have a long-term management plan to ensure the persistence of the wetland functions and values over time. Mitigation banks are required to establish financial assurances, such as trusts or letters of credit, to ensure that sufficient funds are available for long-term management.

Benefits of Wetland Mitigation Banking

Mitigation banking offers several advantages over traditional project-by-project mitigation. The scale of mitigation banking often allows for a more comprehensive approach to restoring wetland functions, such as hydrology, water quality, and habitat for wildlife. By consolidating mitigation efforts, banks can potentially restore larger, more ecologically valuable wetlands, rather than piecemeal, often less successful, on-site mitigation efforts.

Moreover, mitigation banking provides a more efficient permitting process for developers. Since the bank sites are pre-approved, developers can purchase credits quickly, allowing for timely project advancement while ensuring that mitigation requirements are met.

Economically, mitigation banking has fostered a new industry, creating jobs and opportunities for environmental restoration and management. It encourages private investment in natural resources and leverages market forces to achieve environmental objectives.

Challenges of Wetland Mitigation Banking

Despite its potential benefits, wetland mitigation banking faces several challenges. The success of a mitigation bank depends on the ecological success of the wetlands restored or created, which can take years or even decades to fully realize. The science of wetland restoration is complex, and outcomes are not guaranteed.

The regulatory framework around wetland mitigation banking can also be complex and variable across different USACE districts, leading to uncertainty for bank developers and customers. There’s also the challenge of ensuring that the mitigation banks provide a level of ecological function equivalent to the wetlands that were lost, known as “functional equivalency.”

Furthermore, there is the issue of “service area,” the geographic limit within which a bank can sell credits. It is essential to ensure that credits are used within an ecologically appropriate distance to maintain landscape-level ecological integrity.

Future Prospects

As recognition of the importance of wetlands to biodiversity, climate regulation, and water quality continues to grow, wetland mitigation banking may become even more prominent in environmental policy and conservation efforts. Innovations in restoration ecology, increased regulatory clarity, and new financing mechanisms could enhance the effectiveness and appeal of wetland mitigation banking.

In the face of climate change, wetlands play a critical role in carbon sequestration and in buffering against extreme weather events, such as storms and floods. Wetland mitigation banks can be strategically located to not only replace lost wetland functions but also to contribute to climate adaptation and resilience.

The use of advanced monitoring technologies, including remote sensing and ecological modeling, can improve the assessment and long-term management of mitigation banks. Additionally, there’s potential for integrating wetland mitigation banking with other market-based conservation tools, like conservation banking for endangered species, which could lead to more comprehensive ecosystem-based management approaches.

Wetland mitigation banking represents an innovative intersection of environmental science, policy, and market economics. It offers a pragmatic solution to the complex problem of wetland loss, aligning economic development with conservation objectives. While it presents challenges, its evolution and refinement could be instrumental in advancing the goal of no net loss of wetlands.

As society moves forward in developing sustainable strategies for land use, mitigation banking will likely continue to play a vital role in reconciling development pressures with the imperative to preserve vital wetland ecosystems. Its success will depend not only on sound science and effective regulation but also on the continued collaboration between developers, conservationists, regulators, and the public. With ongoing attention to these factors, wetland mitigation banking has the potential to serve as a model for balancing human needs with the ecological imperatives of our time.

A day in the life of a wetland scientist

In the field, the wetland scientist engages in a variety of specialized tasks, including soil sampling to identify hydric soils, conducting thorough vegetation surveys, and assessing wetland hydrology through both direct and indirect means. These activities require a keen eye for detail, extensive knowledge of wetland ecosystems, and the ability to work effectively in challenging outdoor conditions. Additionally, the role involves meaningful interactions with local communities, landowners, and regulatory bodies, emphasizing the importance of wetlands in ecological balance and sustainable land use.

The day of a wetland scientist is not just about fieldwork; it also involves critical analysis and documentation back at the office or lab. Here, the scientist delves into data interpretation, report writing, and consultation with environmental experts, ensuring that their findings contribute to broader conservation efforts and comply with environmental regulations. The narrative also emphasizes the importance of continuous learning and professional development in the field of wetland science. This commitment to staying abreast of the latest research, technological advancements, and regulatory changes is vital for effective wetland management and protection.

  • Early Morning Research and Preparation: The scientist’s day begins with reviewing satellite images, wetland delineation protocols, and local environmental regulations. They ensure that all their equipment, including soil coring tools and water quality kits, is ready for the day.
  • Travel to the Wetland Site: The journey to the wetland site might be an adventure, often traversing through less-traveled paths. The scientist plans their route, considering the day’s objectives and the logistics of reaching the site.
  • Initial Site Assessment: Upon arrival at the wetland, the scientist conducts an initial survey, looking for visible indicators of wetland boundaries and making preliminary notes.
  • Detailed Wetland Delineation Work: The morning is spent in intense fieldwork, including soil sampling, vegetation identification, and hydrology assessment, to accurately delineate the wetland boundaries.
  • Fun and Exploratory Lunch Break: By midday, it’s time for a well-deserved break. The scientist often takes this opportunity to explore local eateries, enjoying the chance to discover unique and interesting restaurants in the area. This lunch break becomes a mini-adventure, offering a delightful pause from the fieldwork and a chance to savor the local cuisine.
  • Post-Lunch Delineation and Data Collection: After lunch, the scientist returns to the field, possibly revisiting certain areas for additional verification or moving to new sections for further delineation.
  • Community Interaction and Educational Outreach: The afternoon may also include interactions with local communities, landowners, or educational groups, discussing the day’s findings and the importance of wetland conservation.
  • Return to Base for Analysis and Reporting: Back at their office or lab, the scientist analyzes the collected data, begins processing samples, and starts drafting reports based on the day’s delineation work.
  • Consultations and Collaborations: The scientist might consult with environmental agencies or collaborate with colleagues, ensuring that the delineation aligns with regulatory standards and contributes to broader environmental research.
  • Evening Review, Planning, and Networking: The day concludes with a review of the work done, updating project files, and perhaps participating in professional networking activities, staying connected with the wider scientific community.
  • Continued Learning and Research: The scientist spends time in the evening catching up on the latest research in wetland ecology and planning for future professional development opportunities.
  • Relaxation and Personal Time: Finally, the scientist unwinds, reflecting on the day’s work and the culinary adventure they enjoyed at lunch, recharging for the next day’s challenges.

The 2024 Wetland Scientist Jobs Outlook: Navigating a Critical Ecosystem’s Future

The Rise of Wetland Science as a Career

As global environmental concerns continue to escalate, the field of wetland science has become increasingly significant. The year 2024 projects a fascinating era for wetland scientists, where their expertise is not only sought after but also crucial for the health of our planet. These scientists are on the front lines of conservation, research, and policy-making, dealing with issues from climate change mitigation to habitat protection and biodiversity conservation.

The Demand for Wetland Scientists in 2024

The job outlook for wetland scientists in 2024 remains robust and growing. With a heightened global focus on environmental sustainability and wetland conservation, wetland scientists are in high demand. Their skills are crucial for:

  1. Assessing Wetland Health: Evaluating the conditions of wetlands, identifying stress factors, and implementing conservation strategies.
  2. Regulatory Compliance: Ensuring that construction, development, and land use comply with environmental laws and regulations, particularly those that protect wetland areas.
  3. Climate Change Mitigation: Understanding the role of wetlands in carbon sequestration and their impact on global climate patterns.
  4. Restoration Projects: Working on the restoration of degraded wetland areas to their natural state, a vital component in preserving biodiversity and maintaining ecosystem services.
  5. Research and Education: Conducting research on wetland ecosystems and disseminating knowledge to stakeholders, policymakers, and the public.

Education and Skill Development

The path to becoming a wetland scientist often begins with a degree in environmental science, ecology, biology, or a related field. As the discipline grows, so does the complexity of the skill set required. In 2024, successful wetland scientists will likely need:

  • Advanced degrees for higher-level positions.
  • Strong background in GIS (Geographic Information Systems) and remote sensing technology.
  • Proficiency in data analysis and modeling software.
  • In-depth understanding of local, national, and international environmental laws.
  • Soft skills such as project management, communication, and stakeholder engagement.

Specialization in wetland science through certifications like the Professional Wetland Scientist (PWS) certification by the Society of Wetland Scientists can also enhance job prospects.

Industry Trends Influencing Job Prospects

Several trends are shaping the job market for wetland scientists in 2024:

  1. Green Infrastructure Projects: The push for sustainable development includes the creation of urban wetlands for stormwater management, requiring wetland scientists for design and monitoring.
  2. Policy and Advocacy: International treaties and national policies focusing on wetland preservation are expanding the role of wetland scientists in policy advisement and implementation.
  3. Private Sector Engagement: Increased corporate responsibility and sustainability goals mean more private companies are hiring wetland scientists for environmental impact assessments and sustainability planning.

Geographical Hotspots for Wetland Science Jobs

Certain regions will likely emerge as hotspots for wetland science careers:

  • Coastal areas affected by sea-level rise and increased storm activity.
  • Urban centers implementing green infrastructure initiatives.
  • Countries with significant wetland biodiversity, such as Brazil, Indonesia, and the Congo Basin, where conservation efforts are critical.

Challenges and Opportunities

The road ahead for wetland scientists is not without its challenges:

  • Funding Constraints: Economic downturns and shifting political landscapes can impact funding for environmental initiatives and research.
  • Technological Advancements: Keeping up with rapid technological changes in data collection and analysis is necessary.
  • Interdisciplinary Collaboration: Working with professionals from other fields, such as urban planners and engineers, is essential for comprehensive wetland management.

Conversely, these challenges bring opportunities:

  • Innovative Solutions: There’s a growing need for innovative approaches to wetland conservation and restoration, which can lead to new job roles and specializations.
  • Public Engagement: Increasing public awareness of wetland benefits can lead to more community-based wetland projects, expanding the roles of educators and citizen science coordinators.
  • International Cooperation: As wetlands are a global concern, there are opportunities for work in international conservation and policy.

Conclusion: A Positive Outlook with a Note of Urgency

The job outlook for wetland scientists in 2024 is generally positive. The urgency to address environmental challenges ensures that wetland scientists will remain in demand. However, it’s a field that requires constant learning and adaptability to new research, technologies, and evolving environmental policies.

For those aspiring to enter the field or continue their wetland science careers, the time is ripe for action. As guardians of one of the world’s most precious resources, wetland scientists not only have the opportunity to pursue a career with significant growth prospects but also to make a tangible difference in the health of our planet.