Wetland Regulations 101: Common Terminology

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

﻿Common Terminology of a Wetland Scientist﻿, No. 2

﻿Common Terminology of a Wetland Scientist﻿, No. 1