Messerly to Present at BIA of Stark County Meeting

On January 29, Vince Messerly, president of the Stream + Wetlands Foundation, will be the guest speaker at the Developers Council meeting for the BIA of Stark County. Messerly’s presentation “Compensatory Mitigation and Waters of the U.S. Regulation” will provide details on compensatory mitigation for impacts to wetlands and streams and details on the new Waters of the U.S. (WOTUS) regulations which took effect August 28 and are currently under a nationwide stay). Messerly will also discuss how the local offices of the Army Corp of Engineers will implement the regulations and what homebuilders need to know about the new WOTUS regulations and how current and future projects may affected.

Breaking News: Appeals Court Halts WOTUS Rule Nationwide

On Friday, October 9, a federal appeals court halted a high-profile rule defining the scope of the Clean Water Act, marking the latest legal maneuver for the controversial rule. Judges on the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio issued an order granting states’ request to stay the Waters of the U.S. rule while the court considers its legality. The order comes in response to challenges by 18 states to the Waters of the U.S. rule from the United States Environmental Protection Agency (EPA) and the Army Corps of Engineers and puts the rule on hold pending legal review. The petitioners included: Ohio, Michigan, Tennessee, Oklahoma, Texas, Louisiana, Mississippi, Georgia, West Virginia, Alabama, Florida, Indiana, Kansas, Kentucky, North Carolina Department of Environment and Natural Resources, South Carolina, Utah and Wisconsin.

Messerly presents to Home Builders Association

On October 6, Vince Messerly, president of the Stream + Wetlands Foundation, was guest speaker at a breakfast meeting for the Home Builders Association of Greater Cincinnati. Messerly’s presentation “Compensatory Mitigation and New Waters of the U.S. New Regulation” provided details on compensatory mitigation for impacts to wetlands and streams and provided details on the new Waters of the U.S. (WOTUS) regulations which took effect August 28. Messerly also discussed how the local offices of the Army Corp of Engineers will implement the regulations and what homebuilders need to know about the new WOTUS regulations and how current and future projects may affected.

 

 

Messerly To Present At Upcoming Ohio Surface Water Conference

Stream + Wetlands president Vince Messerly will be a featured speaker at the Ohio Surface Water: Regulatory and Permitting Conference to be held Oct. 20 at the Renaissance Downtown Hotel in Columbus. The conference is sponsored by CLE International – a provider of continuing education programs throughout the United States and Canada. Their seminars focus on emerging legal issues and have received wide acclaim from bench and bar for the high quality of faculty (all of whom are recognized experts in their fields of specialty) and the efficient organization of detailed and useful information.
Messerly’s presentation “Mitigation Plans: Plan Preparation and Agency Review Process” will begin at 3:00 p.m. and discuss how a permit applicant and their consultant may work with the 401/404 permit reviewer to determine the best mitigation option for their project when more than one type of compensatory mitigation is available. This is in accordance with the 2008 Federal Compensatory Mitigation Rule (33 CFR parts 325 and 332) which established a hierarchy for wetland mitigation. While the hierarchy clearly establishes a preference for the use of mitigation banks, it also provides for the use of other compensatory mitigation options (if available) with approval of the mitigation plan at the discretion of the District Engineer (DE). The DE has several factors that he may consider when approving a compensatory mitigation plan.

For additional information about this informative presentation, contact Vince Messerly at Stream + Wetlands Foundation or Kerry Mason of CLE International at kerry@cle.com. When contacting Kerry, mention Messerly’s name and receive $100 off your registration fee for the conference.

Federal Court Halts WOTUS Rule

On Aug. 27, a United States District Court for the District of North Dakota issued an order blocking the controversial Waters of the United States (WOTUS) rule hours before it was due to take effect. Judge Ralph Erickson found that the 13 states suing to block the rule met the conditions necessary for a preliminary injunction. Erickson included that the states would likely be harmed if courts didn’t act.

The decision is a major roadblock for the EPA and the Army Corps of Engineers, who were planning to begin enforcing the WOTUS rule last week, expanding federal jurisdiction over small waterways like streams and wetlands. Read more here.
Stream + Wetlands will continue to monitor this situation and provide information as it becomes available.

Credit Release Anticipated at Granger Mitigation Bank

The Corps of Engineers has informed us that they intend to release a small amount of credits at the Granger Wetland Mitigation bank in early September. The credit release may include forested and non-forested wetland credits. For more information, please contact us soon as we anticipate that there will be a strong demand for these credits.

 

 

Stream mitigation ILF approved

We are pleased to announce that on July 8, the Pittsburgh Corps District  approved the Final Instrument for our stream mitigation in-lieu fee program.  This encompasses the four 8-digit HUC’s in the Ohio portion of the Pittsburgh Corps District.  “We are thrilled to have received final approval of our in-lieu fee program for stream mitigation in the Pittsburgh District,” said Stream + Wetlands Foundation President Vince Messerly. “This will provide an immediate relief to permit applicants in this part of Ohio that need to provide compensatory mitigation for impacts to streams.”

The cost of the stream mitigation credits will be $230 per linear foot.  We anticipate receiving  approval from the Huntington Corps District for our in lieu fee program for streams in that District by the end of this summer.  For more information, please feel free to call us at (740) 654-4016 or read more about our ILF programs here.

Van Ostran presents at Ohio Stormwater Conference

Aaron Van Ostran presented at the 2015 Ohio Stormwater Conference. He presented with Jackie Haynal from Jobes Henderson and Denise Crews with the City of Lancaster. The title of the presentation is “Deeds Wetlands and Floodplain Restoration: A passive and economic approach to floodplain and wetlands restoration.”

The presentation will present a case study of a restoration project for the City of Lancaster, funded by an Ohio EPA Storm Water Improvement Fund (SWIF). The goal of the project is to convert 58 acres of farm land along the Hocking River, separated by levees. A new berm was constructed, field tile disabled, microtopograhy restoration, levee breached, and minimal seeding. The project uses innovative engineering and construction methods to maximize the grant dollars and relies primarily on natural succession to promote habitat restoration.

Stream + Wetlands Foundation project featured at mitigation conference

Stream + Wetlands Foundation’s project, Trumbull Creek wetlands mitigation bank, was featured in Greg Snowden’s presentation at the National Mitigation & Ecosystem Banking Conference in Orlando. The presentation, “Wetland Restoration Then and Now: A Tale of Progress in Design and Construction Techniques,” provided a comparison of historic and current wetlands restoration design within wetlands mitigation banks and restoration sites in Ohio. Snowden is a project manager and wetlands biologist for the Davey Resource Group – a division of The Davey Tree Expert Company. To read more about Trumbull Creek, click here.

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