Wetland Regulations 101: Common Terminology

Common Terminology of a Wetland Scientist, No. 8

4/11/2016

This is the last posting which continues the common terms and definitions found in the Wetlands Management Book*.

Water Quality Certification - Statement from the state water quality agency that the project complies with pertinent State and Federal water quality regulations. Required for Section 404 permits under Section 401 of the Clean Water Act and 33 CFR 320.4(d).

Water table - For purposes of wetland delineation, “the zone of saturation at the highest average depth during the wettest season; it is at least six inches thick and persists in the soil for more than a few weeks” (USDA Soil Conservation Service 1991).

Waters of the United States - “The term 'waters of the United States' means (1) all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) all interstate waters including interstate wetlands; (3) all other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce...; (4) all impoundments of waters otherwise defined as waters of the United States under the definition; (5) tributaries of waters identified in [items] (1)-(4) [of this definition]; (6) the territorial seas; (7) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in [items] (1)-(6) [of this definition]” (33 CFR 328.3(a)). [The NEW definition of waters of the U.S. as described by The Clean Water Rule (2015) is currently being considered by our nation’s appellant courts. There is a nationwide court-ordered stay on The Clean Water Rule (as of October 9, 2015), until challenges to the rule have been decided by the court system.]

Wetland evaluation (2 steps) - 1. Procedures specifically designed to determine extent and significance of impacts to wetland functions; the procedure entails two steps: characterizing functions, and defining impacts thereto. 2. Within definition 1 [just previous], the step of characterizing functions of a wetland.

Wetland hydrology - In general terms, permanent or periodic inundation or prolonged soil saturation sufficient to create anaerobic conditions in the soil.

Wetlands - “Those areas that are 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 vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas” (33 CFR 328.3(b) and 40 CFR 230.3(t)).

Woody vines - For purposes of jurisdictional delineation, the 1987 Corps Manual identifies woody vines as climbing plants at least 3.2 ft tall.

- JMB

*Source: Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000.

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Common Terminology of a Wetland Scientist, No. 7

3/11/2016

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This posting continues some of the common terms and definitions* found in the wetlands regulatory world.

Section 404 wetland - Special aquatic habitat whose boundaries are defined in the current Corps wetlands delineation manual and which is therefore subject to Corps jurisdiction under Section 404 of the Clean Water Act. [Knowledge and use of the current definitions of waters of the U.S. are MOST important here.]

Section 404(b)(1) Guidelines - Regulations of the EPA (40 CFR 230) defining the substantive criteria used in evaluating discharges of dredged or fill material under Section 404 of the Clean Water Act.

Significant (impact) - (1) Finding resulting from an environmental assessment that an environmental impact statement is necessary; (2) finding within the Corps permitting process of public interest review that an action will degrade the waters of the United States sufficient to warrant avoidance by removal to a practicable alternative site.

Special aquatic sites - “Those sites identified in Subpart E [40 CFR 230.40-.45]. They are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values” (40 CFR 230.3(q-1)). Subpart E of 40 CFR 230 lists the following areas as special aquatic sites: sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, riffle and pool complexes (40 CFR 230.40-.45).

Standard permit - An individual permit that has been processed through the public interest review procedures, including public notice and receipt of comments.

Stratum - A layer of vegetation used to determine dominant species in a plant community; the 1987 Corps Manual uses four strata in identification of wetland vegetation: trees, shrubs, herbs, and woody vines.

Success criteria (for mitigation) - Easily measurable external attributes that a mitigation wetland should exhibit to indicate that mitigation objectives have been met; often expressed in terms of vegetative cover and health, water depths and durations, sediment loads, water quality, etc. [Currently the use of the word “success” is out of fashion and it is now preferred to use the term “performance.”]

Texture (of soil) - Particle size distribution, such as sandy loam, silty clay, etc.

Tree - For purposes of jurisdictional delineation, the 1987 Corps Manual identifies trees as plants that have a diameter at breast height of at least 3.0 in.

Upland plants (UPL) - For purposes of jurisdictional delineation, the 1987 Corps Manual identifies upland plants (UPL) as plants that rarely occur (estimated probability <1 percent) in wetlands, but occur almost always (estimated probability >99 percent) in non-wetlands under natural conditions.

Value - Within the Munsell color system, “the relative lightness or intensity of color and approximately a function of the square root of the total amount of light.” (Soil Science Society of America 1987)

Water dependency - A site is water-dependent “if the activity associated with a discharge which is proposed for a special aquatic site.... [requires] access or proximity to or siting within the special aquatic site in question to fulfill its basic purpose” (40 CFR 230.10(a)(3)).

- JMB

*Source: Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000.

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Common Terminology of a Wetland Scientist, No. 6

2/8/2016

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This posting continues some of the common terms and definitions* found in the wetlands regulatory world.

Prairie pothole - A depressional wetland, often seasonally inundated, commonly found in the upper Midwest (North and South Dakota and western Minnesota) and similar wetlands found elsewhere; often associated with migratory waterfowl habitat.

Pre-application meeting - An optional meeting with “the district staff element having responsibility for [a permit]....to advise potential applicants of studies or other information foreseeably required for later federal action” (33 CFR 325.1(b)).

Pre-construction notification (PCN) - Supplied by a permit applicant to notify the Corps of a proposed activity. Also serves as a request for confirmation from the Corps that the proposed activity complies with the terms and conditions of a nationwide permit (61 FR 65873, December 13, 1996).

Preservation - Compensatory mitigation that attempts to replace an impacted wetland by protecting a different existing wetland from future disturbance; widely considered to be an unsound mitigation practice.

Programmatic permits - General permits “founded on an existing state, local or other federal agency program and designed to avoid duplication with that program” (33 CFR 325.5(c)(3)).
Public interest review - “An evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest” (33 CFR 320.4(a)).

“Red Flag” issues - Characteristics of a water of the United States that would automatically preclude issuance of a permit, such as endangered species, archaeological sites, cemeteries, etc.
Reduction - Chemical gain of an electron; often indicates absence of oxygen, as when ferric iron (Fe3+) is transformed to ferrous iron (Fe2+).

Regional permits - General permits that are issued “after compliance with other procedures in [33 CFR 325]. If the public interest so requires, the [Corps] may condition the regional permit to require a case-by-case reporting and acknowledgment system. However, no separate applications or other authorization documents will be required” (33 CFR 325.5(c)(1)).

Restoration - The planning, construction, and management activities necessary to return a former wetland to its pre-disturbance conditions.

Riverine System - All wetlands and deepwater habitats contained within a channel, with two exceptions; (1) wetlands dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens, and (2) habitats with water containing ocean-derived salts in excess of 0.5 ppt (Cowardin et al. 1979).

Riverine wetland - Wetland whose primary source of water is a river or stream (Brinson 1993).

Saplings/shrubs - For purposes of jurisdictional delineation, the 1987 Corps Manual identifies saplings/shrubs as woody plants greater than 3.2 ft. tall with a diameter at breast height of less than 3.0 in.

Saturation - “A condition in which all easily drained voids (pores) between soil particles are filled with water” (USDA Soil Conservation Service 1991); in the field, saturated soil glistens with moisture, or exudes moisture when lightly shaken in the hand.

Scrub-shrub vegetation - Woody vegetation less than 20 ft. tall (Cowardin et al. 1979).

Section 404 permit - Permit issued by the Corps authorizing activities regulated under authority of Section 404 of the Clean Water Act (33 U.S.C. 1341 et seq.). Most commonly thought of as a permit to place fill in wetlands but also issued for other waters of the United States where the jurisdictional boundary is otherwise defined, usually by the ordinary high-water mark or mean high-water line.

- JMB

*Source: Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000.

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Common Terminology of a Wetland Scientist, No. 5

1/4/2016

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This posting continues some of the common terms and definitions* found in the wetlands regulatory world.

Navigable waters - “Those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce” (33 CFR 329(4)).

No Net Loss - Goal that the nation's wetlands resource base be maintained, as provided for in the

Water Resources Development Act and in numerous state laws. Individual actions may result in a loss of wetland functions when it is not practicable to replace them, but overall the stated goal is to maintain, and in the long run increase, the size and quantity of the resource base.

Obligate wetland plants (OBL) - For purposes of jurisdictional delineation, the 1987 Corps Manual identifies obligate wetland plants (OBL) as plants that occur almost always (estimated probability >99 percent) in wetlands, but which may also occur rarely (estimated probability <1 percent) in non-wetlands.

Off-site mitigation - Compensatory mitigation on a different parcel of land than that on which the impacted wetland was located.

On-site mitigation - Compensatory mitigation on the parcel of land where the impacted wetland is located.

Ordinary high-water mark - “The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding area” (33 CFR 328.3(e)).

Out-of-kind mitigation - Compensatory mitigation that replaces an impacted wetland by restoring, enhancing, or creating a wetland of a different kind.

Oxidation - Chemical loss of an electron; often indicates presence of oxygen, as when ferrous iron (Fe2+) is transformed to ferric iron (Fe3+).

Oxidized root channel - Channels and soil surrounding living roots and rhizomes of hydrophytic plants in which iron oxidation occurs due to oxygen transport via the root system to the otherwise reduced soil matrix.

Palustrine System - All non-tidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2 m at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt (Cowardin et al. 1979).
Persistent vegetation - Vegetation that remains erect in a wetland until the next growing season (Cowardin et al. 1979).

Plant community - A vegetative complex unique in its combinations of plants, usually determined by combinations of environmental influences.

Ponded - Referring to the condition in which free water covers the soil surface and is removed only by percolation, evaporation, or transpiration. No surface outlet is available for ponded water.

Practicable (alternatives) - For the purposes of Section 404 mitigation, “...available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes” (40 CFR 230.3(q)).

- JMB

*Source: Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000.

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Common Terminology of a Wetland Scientist, No. 4

12/15/2015

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This posting continues some of the common terms and definitions* found in the wetlands regulatory world.

Hydric soils - "Soils that form under conditions of saturation, flooding, or
ponding long enough during the growing season to develop anaerobic conditions
in the upper part" (USDA-Natural Resources Conservation Service 1996).

Hydrogeomorphic (HGM) approach to assessing wetland function - A
method of wetland classification and assessment based on the concept that
different kinds of wetlands are produced

by different (1) water sources, (2) water flow patterns, and (3) geomorphic settings (Smith et al. 1995).

Hydrophytic vegetation - Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content; the 1987 Corps Manual gives rules for identifying hydrophytic vegetation for jurisdictional delineations.

Individual permits - Corps permits issued following a case-by-case evaluation of a specific project in accordance with full project and public interest review procedures discussed in 33 CFR 320, 323, and 325.

Jurisdictional wetland delineation - Process by which one identifies the legal geographic boundaries of a wetland for purposes of regulatory jurisdiction, or the product of such a determination.

Jurisdictional wetland determination - Process by which one identifies presence or absence of a jurisdictional wetland at a point on the ground; this differs from jurisdictional wetland delineation, which identifies the areal extent of all such contiguous points.

Memorandum of Agreement (MOA) - Formal and legally binding agreement between two Federal agencies.

Minimization - The requirement that "appropriate and practicable steps have been taken which will minimize potential adverse impacts of the discharge on the aquatic ecosystem" (40 CFR 230.10(d)); such steps are described in 40 CFR 230.70 et seq.

Mitigation - "Avoiding, minimizing, rectifying, reducing, or compensating for resource losses" (33 CFR 320.4(r)).

Mitigation banking - Compensatory mitigation practice that establishes a large mitigation project to replace smaller, anticipated disturbances elsewhere.

National Pollutant Discharge Elimination System (NPDES) - Primary pollution control program under the Clean Water Act; overseen by the EPA and delegated to most states; NPDES permits are required for discharges of waste into waters of the United States whereas Section 404 permits are required for discharge of dredged or fill material. An NPDES permit will be denied if the Corps finds that "anchorage and navigation of any of the navigable waters would be substantially impaired" by the activity for which a permit was applied (Clean Water Act Section 402(b)(6)).

National Wetlands Inventory (NWI) maps - Maps of wetlands compiled by the U S Fish and Wildlife Service from aerial photography as part of a nationwide inventory of wetland resources; compiled at a map scale of 1:24000; uses the Cowardin classification system (Cowardin et al. 1979).

Nationwide permits - General permits that "have been issued by the regulation (33 CFR 330) for certain specified activities nationwide. If certain conditions are met, the specified activities can take place without the need for an individual or regional permit" (33 CFR 325.5(c)(2)).

- JMB

*Source: Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000.

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Common Terminology of a Wetland Scientist, No. 3

12/1/2015

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As I continue posting common terms and definitions used in the wetlands regulatory world, I want it noted that a good portion of these definitions come from the Wetlands Management Book, Environmental Laboratory (ERDC/EL SR-00-16) by Carolyn B. Schneider and Steven W. Sprecher, December 2000. I am selecting terms that are NOT in the controversial range of the current and changing definitions being debated by the courts now.

Terms
Corps permit - Permit issued by the U.S. Army Corps of Engineers for activities regulated under authority of Section 404 of the Clean Water Act (33 U.S.C. 1341 et seq.), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et seq.), and Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1413).
Cowardin system - System for classifying wetlands developed by Cowardin et al. (1979) for the U.S. Fish and Wildlife Service and used in National Wetlands Inventory maps.
Creation - Compensatory mitigation that establishes a wetland in an area not previously a wetland.
Depressional wetland - Wetland whose primary source of water is precipitation or runoff from the adjacent landscape (Brinson 1993).
Discharge of fill material - "Any addition of fill material into, including any redeposit of dredged material within, the waters of the United States. The term includes but is not limited to, the following: the addition of dredged material to a specified discharge site located in waters of the U.S.; the runoff or overflow from a contained land or water disposal area; and any addition, including redeposit of dredged material, including excavated material, into waters of the U.S. which is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation." (33 CFR 323.2(d))
Fill material - "Any material used for the primary purpose of replacing an aquatic area with dry land or of changing the bottom elevation of any waterbody. The term does not include any pollutant discharged into the water primarily to dispose of waste, as that activity is regulated under Section 402 of the Clean Water Act" (33 CFR 323.2(e)).
Findings of No Significant Impact (FONSI) - One possible outcome of an Environmental Assessment done by the Corps on each Section 404 individual permit application; not just specifically used on Section 404 permits but also a term generally used in association with Environmental Assessments required by environmental law for a variety of reasons.
General permit - A Corps permit for activities that are substantially similar in nature and cause only minimal individual and cumulative environmental impacts, or are under regulatory control exercised by another Federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal (33 CFR 325.5(c)).

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Common Terminology of a Wetland Scientist, No. 2

11/20/2015

Since I have turned my attention these last couple of months to the details of the recently released Clean Water Rule*, this second posting will contain some of the new definitions of terms as put forth in 33 CFR Part 328, “Clean Water Rule: Definition of Waters of the United States”.

Acronyms
WOTUS - waters of the United States
OHWM - ordinary high water mark
HTL - High Tide Line

Definitions
Ordinary High Water Mark – that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, presence of litter and debris or other appropriate means
Bed & Banks – substrate and sides of a channel between which flow is confined; banks constitute a break in slope between the edge of the bed and the surrounding terrain
High Tide Line – the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide
Adjacent – bordering, contiguous, or neighboring
Neighboring-
– waters within 100 feet of the OHWM of a WOTUS
-waters located within the 100-year floodplain of a WOTUS and < 1,500 feet from the OHWM of a WOTUS
-located within 1,500 feet of the HTL of a WOTUS or located within 1,500 feet of the OHWM of the Great Lakes
Tributary – a water that contributes flow, either directly or through another water, to a WOTUS
Wetlands – areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions
Significant Nexus – a water that significantly affects the chemical, physical, or biological integrity of a WOTUS and is determined by evaluating 9 different aquatic functions of said water

*Currently, the Clean Water Rule is not being implemented because of a nationwide stay as dictated by the U.S. Court of Appeals for the Sixth Circuit. The U.S. Court of Appeals for the 6th Circuit consolidated the challenges of the 18 states that were brought up in the district courts.

- JMB

UPDATE: November 4, 2015, the Senate passed without amendment Senate Joint Resolution 22 which provides for congressional disapproval of the Clean Water Rule as submitted by the Corps of Engineers and Environmental Protection Agency. The resolution is now in the House of Representatives, eventually to move onto President Obama.

Common Terminology of a Wetland Scientist, No. 1

11/20/2015

As with most fields, terminology is used with specific meanings and implications to assist those in the field to communicate more accurately with each other. Some of the technical terms and definitions that I deal with in the arena of environmental consulting come from areas of biology, hydrology, botany, soils science, and as importantly, the regulatory terms used by the U.S. Corps of Engineers and legal definitions as described in the environmental regulations (written by the Environmental Protection Agency and U.S. Corps of Engineers).

This first posting will contain common acronyms and a few terms. Not all acronyms are used frequently in each region of the U.S., so never be afraid to ask for clarification.

Acronyms
AJD – approved jurisdictional determination PJD – preliminary jurisdictional determination
CEQ – Council on Environmental Quality PCN – preconstruction notification
CFR – Code of Federal Regulations RGL – regulatory guidance letter
COE – Corps of Engineers RFP – requests for appeal
CWA – Clean Water Act RHA – Rivers and Harbors Act
DE – District Engineer RPW – relatively permanent waters
EPA – Environmental Protection Agency TNW – traditional navigable waters
HGM – hydrogeomorphic method USACE – United States Army Corps of Engineers
JD – jurisdictional determination NWP – nationwide permit
MBR – Migratory Bird Rule WQC – water quality certification
MOA – Memorandum of Agreement WOUS – waters of the United States (an older ver.)

Terms
Aggrading – accumulating sediment or deposition; in reference to streambeds.
Alternative Site – In the avoidance step of mitigation, a possible location for a project where less damage will be done to the environment than if the primary project location is used.
Anaerobic – Pertaining to the absence of molecular oxygen in the environment.
Avoidance – “Not discharging into the waters of the United States or discharging into an alternative aquatic site with potentially less damaging consequences” (40 CFR 230.5(c)).
Chroma – “The relative purity, strength, or saturation of a color”; one of the three parameters used to define colors in the Munsell color system, the other two being hue and value. (Soil Science Society of America 1987).
Compensatory mitigation – Activities that compensate for loss of wetland functions at one location by replacing them at another location (Mitigation MOA II.C.3).
1987 Corps Manual – Wetland delineation manual used by the Corps (Environmental Laboratory 1987); currently more recent Regional Supplements to this manual are used for wetland delineations in the U.S.

- JMB

Wetland Regulations 101: Common Terminology

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