Our nation's wetlands need your help by October 16, 2000

A loophole in federal wetlands law has led to the destruction of more than 20,000 acres of wetlands and damage to hundreds of miles of streams in just the past two years. You can help stop this devastation by writing a letter to the Army Corps of Engineers.

WHAT'S AT STAKE

The federal Clean Water Act has led to better water quality and also dramatically slowed the destruction of our nation's wetlands. But one key wetlands protection provision was struck down in courts a few years ago, and we need a replacement.

Until recently, an EPA and Army Corps of Engineers rule – the Tulloch rule – limited excavation or draining of wetlands and excavation of streams. However, in 1998, a Federal court held that EPA and the Corps did not have the authority to restrict drainage and excavation of wetlands under certain circumstances. This ruling has caused a regulatory loophole, known as the Tulloch loophole, through which unregulated wetland and stream destruction can take place, due to broad interpretation of the court's ruling. Here are just a few examples of the damage:

· Developers are draining vast areas of wetlands and replacing them with golf courses, shopping centers and housing developments;

· Sand and gravel companies, previously denied permits to operate in pristine and vulnerable streams, are now mining these streams for construction materials; and

· Agriculture interests are widening and straightening the headwaters of streams, destroying habitat and sending large amounts of sediment downstream.

Every day more of our wetlands are permanently destroyed and the benefits of wetlands – such as water purification, flood control, and wildlife habitat – are lost forever.

WHY ACT NOW

The EPA and Army Corps of Engineers have proposed a new regulation to eliminate abuse of the Tulloch loophole. This new rule would require loophole "users" to prove that their activities will not release significant amounts of sediment into surrounding water (that is, they will not be producing a "discharge of dredged or fill material," a regulated activity of the Clean Water Act). The proposed new rule, however, needs modifications to ensure that implementation is standardized and consistent in all agency offices.

HOW TO HELP

The proposed rule is already under heavy fire from many interest groups, so we need to speak out in great numbers to support the rule during the current comment period. Please send a letter to the Army Corps of Engineers supporting the proposed rule and asking them to strengthen and finalize it right away. Here are some points you can make in your letter:

· I support the EPA and Army Corps of Engineers' proposed rule to help stem the destruction of wetlands and streams due to the Tulloch loophole.

· Since a court overturned the Tulloch rule in 1998, thousands of acres of wetlands have been drained and hundred of miles of streams have been degraded without permits.

· The proposed rule should be strengthened to standardize its enforcement at the local level

If you are aware of any examples of wetlands ditching and draining or stream excavation, please include in your letter a description of what happened. The deadline for comments is October 16, so please write today.

Send your letter to:
Mr. Mike Smith
Office of the Chief of Engineers
ATTN CECW-OR
20 Massachusetts Avenue
Washington, D.C. 20314-1000

SAMPLE LETTER

(your address)

Mr. Mike Smith
Office of the Chief of Engineers
ATTN CECW-OR
20 Massachusetts Avenue
Washington, D.C. 20314-1000

Dear Mr. Smith:

I am writing to express my support for a U.S. EPA and Army Corps of Engineers proposed rule that will help to stem the destruction of wetlands and streams due to the Tulloch loophole (65 Fed. Reg. 50108 ff.). I believe the proposed rule will help limit abuse of this loophole, but I urge you to strengthen the rule and to issue a final rule as soon as possible.

Since a court overturned the Tulloch rule in 1998, thousands of acres of wetlands have been ditched and drained and hundreds of miles of streams degraded without permits. These alarming losses have occurred throughout the country. In fact, the problem has been so severe that some states, unwilling to wait for revised federal regulations, have acted independently to stop this abuse--despite great financial expense to do so. Without action, our communities and future generations will suffer the consequences of this unregulated destruction through increased flooding, degraded water supplies, shellfish bed closures, and massive habitat loss.

The Clean Water Act prohibits the discharge of dredged material or other pollutants into our waters without a permit. The proposed rule presumes that excavation of streams and wetlands produces a discharge of dredged materials and a Clean Water Act permit is required. This complies with the facts and the law -when wetlands are ditched and drained and streams excavated, dredged material is generally relocated and re-deposited in our waters.

While I support the EPA and Corps' efforts to stem abuses of the Tulloch loophole, I believe that the rule needs to be strengthened in order to standardize its implementation. Local Corps Districts offices must be well-informed regarding what activities require a permit and they must be held accountable for fully enforcing the Clean Water Act. The final rule should include not only an advance review of project plans to determine whether a permit is required, but also documentation upon completion of the project that the activity did not result in a discharge regulated by the Clean Water Act. In addition, the final rule should also clearly state that:

- a permit will always be required if there is sidecasting, stockpiling, grading, leveling, backfilling and bulldozing because these actions always result in a redeposit and relocation of dredged material.

- a permit is required if, in excavating a river or stream, pollutants - even in small quantities - are sent downstream. Even small amounts of toxics, like PCBs, that are buried in wetland soils or stream beds, can have devastating effects on the ecosystem and on humans if they are released into the water flow.

Thank you for acting to implement a rule to help stem the destruction of our valuable wetlands and streams. I urge you to strengthen the proposal in order to extend the full protection of the Clean Water Act to all our waters and to finalize the rule as soon as possible.

Sincerely,

(Your name)

 

Thanks to NWF and CWN for contributions ᨍ

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B. Lapin 09.14.00