NAWM
The National Association of Wetland Managers is a nonprofit membership organization established in 1983 to promote and enhance protection and management of wetland resources, to promote application of sound science to wetland management efforts and to provide training and education for our members and the public. Membership is open to anyone who is involved with wetland resources.
The U.S. Army Corps of Engineers (Corps) was interested in developing a webinar training series with topics that go beyond what is currently available at the National Interagency Review Team course or in Corps Regulatory Mitigation Workshops. The purpose of the contract between the Corps and the National Association of Wetland Managers (NAWM) was to develop and provide advanced training materials for current and future Corps regulatory staff engaged in reviewing, approving and monitoring compensatory mitigation. However, the audience for the webinars and training workshop could also include other people who are working with or running compensatory mitigation programs such as state agency staff, etc. The project is intended to address all forms of compensatory mitigation, i.e., banks, in-lieu fee and permittee responsible. There are nine recorded webinars with an average of three presentations in each for this series that build on the information from each preceding webinar.
List of Modules in the Training Series (9 modules)
Module 01: An Ecological Framework for Reviewing Compensatory Mitigation: An Introduction
Module 02: An Ecological Framework for Reviewing Compensatory Mitigation: Abiotic Processes
Module 03: An Ecological Framework for Reviewing Compensatory Mitigation: Biotic Processes
Module 04: An Ecological Framework for Reviewing Compensatory Mitigation: Plan Review
Module 06: An Ecological Framework for Reviewing Compensatory Mitigation: From Conceptual to Final Design
Module 07: An Ecological Framework for Reviewing Compensatory Mitigation: Anticipating the Unexpected
Module 08: An Ecological Framework for Reviewing Compensatory Mitigation: Oversight and Compliance
Optional Module Quiz and Certificate of Completion for Use in Applying for Continuing Education Credits (CEUs)
Each online module in the Compensatory Mitigation Training Series is accompanied by an optional knowledge assessment quiz available through ClassMarker. The quiz assesses understanding of the key take-away points of the training.
NAWM Members - as a benefit of membership, you will have the opportunity to download a free Certificate of Completion for each module quiz that you pass. Log In to the membership portal to access the learning modules and quizzes.
Non-Members - you have free access to view the learning modules. There is a $25.00 USD fee per module to take the online quiz towards achieving a Certificate of Completion. Secure payment is made through PayPal, either with a PayPal account or with the guest option, using a credit card.
Module 1: An Ecological Framework for Reviewing Compensatory Mitigation: An Introduction
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Eric Stein, Principal Scientist, Southern California Coastal Water Research Project [PowerPoint Presentation]
- Jeremy Sueltenfuss, Department of Forest and Rangeland Stewardship, Colorado State University [PowerPoint Presentation]
- W. Lee Daniels, Thomas B. Hutcheson Professor of Environmental Soil Science at Virginia Tech [PowerPoint Presentation]
- Matt Schweisberg, Principal of Wetland Strategies and Solutions, LLC [PowerPoint Presentation]
ABSTRACT
This training module provides an overall framework for review of proposed compensatory mitigation projects. Presenters focus on the processes that shape wetlands across diverse landscapes including the critical components of wetlands and wetland restoration projects: hydrology, soils and vegetation. Landscape context, wetland classification, the use of reference wetlands, function and values, and temporal considerations are also discussed.
LEARNING OBJECTIVES
- Objective #1 – Understand how biotic structure is influenced by abiotic factors, primarily ecological processes, and how the onsite and offsite ecological processes the create and sustain wetlands on the landscape.
- Objective #2 – Learn how compensatory mitigation plans must appropriately identify the proper landscape setting, and demonstrate an understanding for past, present and anticipated future landscape characteristics and connections with respect to the proposed compensatory action.
- Objective #3 – Understand the role of appropriate ecological reference and data requirements to identify the trajectory of the development of targeted vegetative communities.
- Objective #4 – Understand how the presence or absence of hydrology – both surface and subsurface - healthy hydric soils, landscape connectivity and other current landscape elements, provide both opportunities and constraints for a compensatory mitigation plan to meet its intended goals and objectives and the importance of an appropriate monitoring plan to measure progress.
- Objective #5 – Understand what should be available to a compensatory mitigation plan reviewer in order to evaluate whether a compensatory mitigation plan is likely to meet the project’s goals, objectives and performance standards.
- Objective #6 – Learn about diverse wetland types, how wetlands connect to the broader landscape and how hydrographs vary by wetland type.
Part 1A: Introduction: Jeanne Christie, Association of State Wetland Managers
Presenter: Eric Stein, Principal Scientist, Southern California Coastal Water Research Project
Part 1B: Presenter: Eric Stein, Principal Scientist, Southern California Coastal Water Research Project
Part 1C: Presenter: Jeremy Sueltenfuss, Department of Forest and Rangeland Stewardship, Colorado State University
Part 1D: Presenter: W. Lee Daniels, Thomas B. Hutcheson Professor of Environmental Soil Science at Virginia Tech
Part 1E: Presenter: Matt Schweisberg, Principal of Wetland Strategies and Solutions, LLC< /b>
Part 1F: Questions & Answers
To Take the Quiz and Receive a Certificate of Completion for this ModuleIf you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Module 2: An Ecological Framework for Reviewing Compensatory Mitigation: Abiotic Processes
PRESENTERS
• NAWM Introduction [PowerPoint Presentation]
• Lenore Vasilas, USDA Natural Resources Conservation Service [PowerPoint Presentation]
• Walter I. Priest, III, Wetland Design [PowerPoint Presentation]
• Steve Eggers, U.S. Army Corps of Engineers, St. Paul District [PowerPoint Presentation]
ABSTRACT
This training module discusses how to evaluate abiotic processes--soils and hydrology--critical to designing wetland restoration projects that will achieve project objectives and meet performance standards. Presenters focus on both abiotic and biotic characteristics of soils and their functions, review specific considerations with respect to hydrology and soils in tidal restoration projects, and describe a process for developing hydrology-based performance standards in freshwater systems.
LEARNING OBJECTIVES
- Objective #1 – Understand the five primary functions of tidal wetlands and how to determine if proposed design is realistic for the site.
- Objective #2 – Understand how to evaluate plan for appropriate tidal hydrology, elevation, soil composition, plant selection and biological benchmarks.
- Objective #3 – Understand how to monitor and review monitoring reports to ensure performance targets have been met.
- Objective #4 – Understand the components of and how to develop appropriate performance standards, and how performance standards can be used to achieve the correct trajectory for meeting goals/objectives.
- Objective #5 – Understand how to identify and use reference wetlands for development of performance standards.
- Objective #6 – Understand how soil, landscape and hydrology relate to your mitigation design and affect the functions of your mitigation site.
Part 2A: Introduction: Jeanne Christie, Association of State Wetland Managers
Presenter: Lenore Vasilas, USDA Natural Resources Conservation
Part 2B: Presenter: Lenore Vasilas, USDA Natural Resources Conservation
Part 2C: Presenter: Walter I. Priest, III, Wetland Design
Part 2D: Presenter: Steve Eggers, U.S. Army Corps of Engineers, St. Paul District
Part 2E: Questions & Answers
To Take the Quiz and Receive a Certificate of Completion for this ModuleIf you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Module 3: An Ecological Framework for Reviewing Compensatory Mitigation: Biotic Processes
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Matt Gause, Westervelt Ecological Services [PowerPoint Presentation]
- Mick Micacchion, The Nature Conservancy and Midwest Biodiversity Institute [PowerPoint Presentation]
- Gretchen Coffman, University of San Francisco [PowerPoint Presentation]
ABSTRACT
This training module provides information about how to evaluate biotic processes—plants, animals, etc. and explore 1) how they are linked to hydrology, soils and other biotic characteristics, 2) how biotic elements provide indicators of wetland health and function and 3) how to measure progress using performance standards and monitoring plans. The use of and selection of reference wetlands to determine appropriate biological communities to restore (e.g., planting palettes) is explored. By linking all these elements together presenters provide insights into how to manage abiotic and biotic elements to restore high quality, high functioning wetlands. These topics are explored using examples of freshwater wetlands including vernal pools, floodplains, riverine and coastal projects.
LEARNING OBJECTIVES
- Objective #1 – Understand the biotic and abiotic characteristics, elements, and functions of riverine wetlands and vernal pools.
- Objective #2 – Learn about performance standards for riverine wetlands and vernal pools.
- Objective #3 – Learn best practices for monitoring riverine wetlands and vernal pools.
- Objective #4 – Understand how the abiotic components impact the biotic components of a mitigation wetland.
- Objective #5 – Understand how to characterize reference condition.
- Objective #6 – Understand how to develop IBIs and set quantitative ecological performance standards that are achievable and reasonable.
Part 3A: Introduction: Jeanne Christie, Association of State Wetland Managers
Presenter: Matt Gause, Westervelt Ecological Services
Part 3B: Presenter: Mick Micacchion, The Nature Conservancy and Midwest Biodiversity Institute
Part 3C: Presenter: Gretchen Coffman, University of San Francisco
Part 3D: Questions & Answers
To Take the Quiz and Receive a Certificate of Completion for this Module
If you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Webinar 4: An Ecological Framework for Reviewing Compensatory Mitigation: Plan Review
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Steve Martin, Environmental Scientist, Institute for Water Resources, U.S. Army Corps of Engineers [PowerPoint Presentation]
- Michelle Mattson, Environmental Scientist, Institute for Water Resources, U.S. Army Corps of Engineers [PowerPoint Presentation]
- Michael S. Rolband, P.E., P.W.S., P.W.D., Wetland Studies and Solutions, Inc. [PowerPoint Presentation]
- Karen Greene, National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries) [PowerPoint Presentation]
ABSTRACT
The training module discusses how reviewers can evaluate whether a project as proposed is likely to achieve its objectives by examining some of the most important aspects of a project. Examples (including both successful and less than successful projects) from riverine, palustrine freshwater and coastal projects was provided to highlight the importance of site selection, water budgets, soils, monitoring, adaptation, and resiliency in evaluating a restoration plan.
LEARNING OBJECTIVES
- Objective #1 – Learn about why monitoring is important and how it is used.
- Objective #2 – Understand what the key elements are that should be included in a monitoring plan and how to assess parameters and performance.
- Objective #3 – Understand the important characteristics to look for in site selection and the baseline information needed for selection when evaluating a proposed site.
- Objective #4 – Understand how to assess if a proposed site will meet watershed needs and what to look for in a hydrograph.
- Objective #5 – Learn important questions a plan reviewer should ask the plan designer.
- Objective #6 – Understand water budget modeling approaches and limitations.
Part 4A: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers Presenter: Steve Martin, Institute for Water Resources, U.S. Army Corps of Engineers
Part 4B: Presenter: Michelle Mattson, Environmental Scientist, Institute for Water Resources, U.S. Army Corps of Engineers
Part 4C: Presenter: Michael S. Rolband, P.E., P.W.S., P.W.D., Wetland Studies and Solutions, Inc.
Part 4D: Presenter: Karen Green, National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA Fisheries)
Part 4E: Questions/Answers
To Take the Quiz and Receive a Certificate of Completion for this ModuleIf you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Webinar 5: An Ecological Framework for Reviewing Compensatory Mitigation: Coherent Plans – Goals, Objectives, Performance Standards, Outcomes and Monitoring
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Eric Stein, Principal Scientist, Southern California Coastal Water Research Project [PowerPoint Presentation]
- Mick Micacchion, Professional Wetland Scientist and Restoration Ecologist, The Nature Conservancy [PowerPoint Presentation]
- Anthony Zemba, Environmental Specialist, Certified Ecologist/Soil Scientist, Fitzgerald & Halliday, Inc. [PowerPoint Presentation]
ABSTRACT
This training module outlines key considerations for constructing effective performance standards that account for a broad set of physical, hydrological, and biological functions. It also covers practical considerations such alternative ways to approach “reference”, timing of when different standards should be met, and ways to develop standards that are resilient to changing conditions over time. Critical data management approaches that can improve accessibility of monitoring data necessary to evaluate standards over time are shared. An example of a condition-based approach used in Ohio is shared for assessing functional replacement for wetland mitigation. Case studies from the east coast are also included, showing how some restoration sites have failed and why, and how tiering, more attention to site-specific attributes, and the consideration of other ecological factors in the mitigation planning process may help to improve success of a mitigation site.
LEARNING OBJECTIVES
- Objective #1 – Understand what some of the key issues and challenges are for wetland mitigation depending on your approach.
- Objective #2 – Understand the ecological considerations that are key for mitigation monitoring and selection of performance metrics such as multi-metric biological indices and hydrological and biogeochemical indicators.
- Objective #3 – Learn key attributes for good performance standards.
- Objective #4 – Learn about factors that influence wetland plant communities.
- Objective #5 – Understand how a condition-based approach to assessing functional replacement can be developed and used.
- Objective #6 – Understand how a rapid assessment methodology can be used to measure functional capacity.
Part 5A: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers
Presenter: Eric Stein, Principal Scientist, Southern California Coastal Water Research Project
Part 5B: Presenter: Mick Micacchion, Professional Wetland Scientist and Restoration Ecologist, The Nature Conservancy
Part 5C: Presenter: Anthony Zemba, Environmental Specialist, Certified Ecologist/Soil Scientist, Fitzgerald & Halliday, Inc.
Part 5D: Questions/Answers
To Take the Quiz and Receive a Certificate of Completion for this Module
If you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Webinar 6: An Ecological Framework for Reviewing Compensatory Mitigation: From Conceptual to Final Design
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Matt Gause, Ecological Resources & Land Stewardship Director, Westervelt Ecological Services [PowerPoint Presentation]
Larry Urban, Wetland Mitigation Specialist, Montana Department of Transportation [PowerPoint Presentation] - Jeanne Richardson, Mitigation Subject Matter Expert, U.S. Army Corps of Engineers, Norfolk District Regulatory Branch [PowerPoint Presentation]
ABSTRACT
This training module identifies general best practices for evaluating conceptual designs, illustrates how designs become more refined as new information comes to light and how to best remain engaged in the design process while working towards a final, implementable design. Mitigation projects generally follow a three-phased approach to design prior to construction and implementation on the ground. These phases consist of Conceptual, Preliminary, and Final Design efforts. Examples of some of the different phases for different types of projects that may be undertaken are shared. The perspectives of Army Corps of Engineers District regulators are discussed, covering what information is necessary, when is that information necessary, and the level of detail required at each submittal milestone for review and approval. Specific examples are shared that serve to demonstrate some lessons learned and how District requirements have changed over the years.
LEARNING OBJECTIVES
- Objective #1 – Understand what information is necessary and when it is necessary.
- Objective #2 – Understand the level of detail required at each submittal milestone for review and approval.
- Objective #3 – Learn about the phases of design and how designs become more refined as new information comes to light.
- Objective #4 – Learn general best practices for evaluating conceptual designs.
- Objective #5 – Understand how designs become more refined as new information comes to light.
- Objective #6 – Learn how to best remain engaged in the design process while working towards a final, implementable design.
Part 6A: Introduction: Dawn Smith, Association of State Wetland Managers
Presenter: Matt Gause, Westervelt Ecological Services
Part 6B: Presenter: Larry Urban, Wetland Mitigation Specialist, Montana Department of Transportation
Part 6C: Presenter: Jeanne Richardson, Mitigation Subject Matter Expert, U.S. Army Corps of Engineers, Norfolk District Regulatory Branch
Part 6D: Questions/Answers
To Take the Quiz and Receive a Certificate of Completion for this Module
If you are a current NAWM Member, Log In here. If you are not anNAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Webinar 7: An Ecological Framework for Reviewing Compensatory Mitigation: Anticipating the Unexpected
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- W. Lee Daniels, Thomas B. Hutcheson Professor of Environmental Soil Science, Virginia Tech [PowerPoint Presentation]
- Shawn Chartrand, Postdoctoral Research Fellow, Vanderbilt University [PowerPoint Presentation]
- Krystel Bell, Regulatory Program Manager, U.S. Army Corps of Engineers [PowerPoint Presentation]
ABSTRACT
This training modules covers issues related to compaction of created wetland subsoils which is often required for stability and to limit groundwater losses. Failure to provide a suitably loosened surface soil rooting media is a common problem, particularly for deeper rooted forested wetlands. Near-surface compaction can also drastically alter hydroperiod regimes away from intended target references. Remedies are shared such as managing soil placement and tillage operations in concert with seasonal/moisture constraints, preconstruction testing, recognition and avoidance, and remedial measures including heavy liming and organic amendments and/or keeping these materials saturated year-round. Discussions also include how post-construction plans can detail actions to address issues related to routine maintenance, adaptive management, and remediation in order to set the constructed project on a trajectory to realize the restoration objectives. The San Clemente Dam Removal project is reviewed to help illustrate routine maintenance, adaptive management and remediation, within the context of an action that will reset the Carmel River corridor to a new physical state. The Army Corps of Engineers’ perspective for review, approval, and oversight of mitigation projects where adaptive management has been used is also shared.
LEARNING OBJECTIVES
- Objective #1 – Learn about the Corps’ regulatory context for adaptive management.
- Objective #2 – Understand some project planning and post-project implementation considerations.
- Objective #3 – Understand the causes of soil compaction and how it impacts wetland hydrology.
- Objective #4 – Understand how acid-sulfate impacts wetland hydrology.
- Objective #5 – Understand ways in which the design process can reduce risk.
- Objective #6 – Learn about the differences between routine maintenance, adaptive management, and remediation and some proactive strategies to use for adaptive management.
Part 7A: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers
Part 7B: Presenter: W. Lee Daniels, Thomas B. Hutcheson Professor of Environmental Soil Science, Virginia Tech
Part 7C: Presenter: Shawn Chartrand, Postdoctoral Research Fellow, Vanderbilt University
Part 7D: Krystel Bell, Regulatory Program Manager, U.S. Army Corps of Engineers
Part 7E: Questions/Answers
To Take the Quiz and Receive a Certificate of Completion for this Module
If you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Webinar 8: An Ecological Framework for Reviewing Compensatory Mitigation: Oversight and Compliance
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Kristina Hall, U.S. Army Corps of Engineers [PowerPoint Presentation]
- Sarah Woodford, Virginia Department of Environmental Quality [PowerPoint Presentation]
- Ashely Zavagno, CA WRA, Inc. [PowerPoint Presentation]
ABSTRACT
This training module discusses oversight and compliance from the perspective of a Corps Regulator as well as important “touch points” in mitigation plan review, approval, implementation, monitoring and long-term management. Examples of effective adjustment of anticipated outcomes are given along with flexibility in the Regulator’s oversight of the compensatory mitigation process. Oversight tools that are used in Virginia in the regulation of mitigation banks and in-lieu fee programs are also discussed. In addition, through several case studies, the presentation provides a state perspective of the communication and resolutions that developed when non-compliance or other issues are identified. Challenges faced by project sponsors and consultants are shared, covering issues that have occurred during the development, implementation, monitoring, and long-term management stages of mitigation projects. Potential solutions and best management practices are offered.
LEARNING OBJECTIVES
- Objective #1 – Learn about the challenges project sponsor teams face and ways to improve coordination and communication between project sponsors and regulators.
- Objective #2 – Learn about some ways to improve performance standards, adaptive management plans and outcomes.
- Objective #3 – Learn the basics of oversight and compliance and the Corps’ process for them.
- Objective #4 – Learn about some ways in which oversight and compliance issues may be resolved.
- Objective #5 – Learn about Virginia’s oversight and compliance program and the tools it uses.
- Objective #6 – Learn how Virginia works with sponsors, permittees and other agencies to provide oversight and compliance.
Part 8A: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers
Part 8B: Presenter: Kristina Hall, U.S. Army Corps of Engineers
Part 8C: Presenter: Sarah Woodford, Virginia Department of Environmental Quality
Part 8D: Ashely Zavagno, CA WRA, Inc.
Part 8E: Questions/Answers
To Take the Quiz and Receive a Certificate of Completion for this Module
If you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
Webinar 9: An Ecological Framework for Reviewing Compensatory Mitigation: How interests in property may affect mitigation projects
PRESENTERS
- NAWM Introduction [PowerPoint Presentation]
- Paul Loftus, U.S. Army Corps of Engineers [PowerPoint Presentation]
- Kara Hellige, U.S. Army Corps of Engineers [PowerpPoint Presentation]
- Robin Bedenbaugh, RES [PowerPoint Presentation]
ABSTRACT
To ensure that mitigation projects are provided long-term protection through real estate or other available mechanisms it is necessary to understand basic concepts of property law, including title concepts, encumbrances of property, priority of interests, and potentially severed interests or estates. The goal of this training module is to share real estate legal concepts within the framework of planning for successful site protection for mitigation sites, and to address issues arising from prior and severed interests in property pledged to protect mitigation projects. Information is shared to shed light on questions regarding self-sustaining aquatic resource mitigation and restoration projects, methods to protect aquatic resources from future water demands in perpetuity, and federal and state regulatory requirements. Examples are provided of how water rights have governed mitigation success and failures within arid regions. Property interests are also discussed, including how they can affect mitigation projects as well as the numerous other associated interests that can compound the effects on a project’s costs and overall feasibility. Additional examples are provided of mitigation projects that were able to successfully overcome these challenges and another project that was unable to overcome the challenges.
LEARNING OBJECTIVES
- Objective #1 – Understand the basics about water rights in the arid West and how they might affect a compensatory mitigation project.
- Objective #2 – Learn about some approaches available to address interests in property and some important questions to ask prior to mitigation site selection and design.
- Objective #3 – Learn about some of the legal site protections that may exist on your mitigation site.
- Objective #4 – Understand some of the differences between the available legal instruments for property interest holders.
- Objective #5 – Learn about some of the factors regarding property interests that may affect the cost and feasibility of a mitigation project.
- Objective #6 – Learn some best practices in regard to identifying and managing various interests in property.
Part 9A: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers and Valarie Layne, U.S. Army Corps of Engineers
Part 9B: Presenter: Paul Loftus, U.S. Army Corps of Engineers
Part 9C: Presenter: Kara Hellige, U.S. Army Corps of Engineers
Part 9D: Presenter: Robin Bedenbaugh, RES
Part 9E: Questions/Answers
To Take the Quiz and Receive a Certificate of Completion for this Module
If you are a current NAWM Member, Log In here. If you are not an NAWM Member, there is a $25.00 USD fee per module quiz. To proceed with payment and access the module quiz, select the Module 1 Quiz button to transfer to the ClassMarker system. Upon successful completion of the module quiz, you will be eligible for a Certificate of Completion for 1.5 hours of training.
You will need to develop username and password in ClassMarker for each online quiz. Once you click on the quiz link, you will be prompted again to provide your name and email address. This will be used to process your certificate.
Participants who both view the module presentation and complete the module quiz are eligible for an NAWM Certificate of Completion for 1.5 hours of training.
To receive your certificate, you must BOTH:
- Certify that you completed viewing the Compensatory Mitigation training module video presentation. Answering “no” will result in no certificate being issued.
- Complete all knowledge quiz questions with the required minimum of eighty percent (80%) of the questions answered correctly. You will be provided two attempts to take the quiz for the module. If at the end of your second attempt you have not been able to achieve a minimum score of eighty percent, you will not be eligible to receive a certificate.
You will be prompted to download your Certificate of Completion from ClassMarker after you complete the quiz. Once you download your certificate, you can then submit the certificate to the accrediting organization of your choice to potentially receive continuing education units/credits.
If you did not answer at least 80% of the quiz questions correct on your first attempt, you can re-take the test one more time (total of two attempts). Return to the NAWM module page and START the test again (vs Resume).
You must use the same email, username and password for the second quiz attempt for this same module. ClassMarker will recognize your email for the specific training module and will not charge you for the second attempt. If you do not achieve at least 80% of the quiz questions correct on your second attempt, you will not be eligible to receive a Certificate of Completion.
We encourage you to go to the NAWM.org website and become a member so that you can receive Certificates of Completion (trainings) and Certificates of Participation (live webinars) at no charge for the next 12 months.
If you have any questions, please contact Laura Burchill at laura@nawm.org or contact the NAWM office at (207) 892-3399.
Building State and Tribal Wetland Program Regulatory Capacity: Findings from ASWM’s Multi-year Project
Held Tuesday, March 23, 2021 - 3:00 – 4:30 pm Eastern
INTRODUCTION
- Marla Stelk, Executive Director, Association of State Wetland Managers [POWERPOINT PRESENTATION]
PRESENTERS
- Brenda Zollitsch, Association of State Wetland Managers [POWERPOINT PRESENTATION]
- Yvonne Vallette, U.S. Environmental Protection Agency, Region 10 [POWERPOINT PRESENTATION]
- Matt Schweisberg, Wetland Strategies and Solutions [POWERPOINT PRESENTATION]
ABSTRACT
This final webinar in our Wetland Regulatory Capacity Building Series shared final findings and products from ASWM’s multi-year project. The webinar highlighted key takeaways on fundamental building blocks for regulatory development, including addressing regulatory gaps, identifying sustainable funding strategies and tips on working with state legislatures to support regulatory programs. Next, the webinar highlighted EPA Wetland Program Plans as strategic planning tools and potential funding for states and tribes developing regulatory program elements. The webinar then covered ways to build compliance and enforcement capacity, possible value-added from integrating with other state agency programs, and ways to expand reach through partnering with state wetland associations. While the project primarily focused on state agency considerations, findings may also be useful to tribes. The final segment of the webinar delved a little deeper into strategic planning, sharing a new tool from ASWM – an extensive checklist that walks interested parties through considerations around planning for regulatory enhancements. The webinar ended sharing some strategies for effective communication around regulatory capacity building efforts and sharing of how to access ASWM’s new regulatory capacity building resources.
BIOS
Brenda Zollitsch is Senior Policy Analyst at the Association of State Wetland Managers. Over the last two years, Brenda has led ASWM’s Wetland Regulatory Capacity Building Project, coordinating the project workgroup, dialogues and research to develop the resources that will be presented during this webinar. At ASWM, Brenda conducts research and policy analysis on wetland and stream issues; works to analyze and respond to emerging wetland-related rules and regulations; manages projects; and designs, coordinates and evaluates training for wetland professionals. Brenda is also currently leading a multi-year national project on assumption of the Clean Water Act Section 404 Program. Brenda earned a double Master’s degree in International Relations and Environmental Resource Management from Boston University and her PhD in Public Policy from the University of Southern Maine’s Muskie School of Public Service
Yvonne Vallette is an Aquatic Ecologist with the U.S. Environmental Protection Agency (EPA). For the last twenty-five years she has worked at EPA Region 10’s Oregon Operations Office in Portland serving as the Region’s coordinator for enhancing State and Tribal Programs. Her work with EPA is focused on the technical and policy aspects of the Clean Water Act (CWA), including Section 404. Her practicable experience includes work in: aquatic resource monitoring and assessment, 404 enforcement, compensatory mitigation, impact analysis, CWA jurisdiction, 404 program assumption, and aquatic resources restoration.
Matt Schweisberg is the Principal of Wetland Strategies and Solutions, LLC, where he provides policy, regulatory and technical advice and assistance for clients seeking to navigate a wide range of regulatory and non-regulatory issues related to wetlands and other aquatic resources. He works throughout the U.S. Matt is a Professional Wetland Scientist under the Professional Certification Program of the Society of Wetland Scientists. He is a retired federal wetlands ecologist and wildlife biologist who spent over 32 years with the U. S. Environmental Protection Agency at its HQ office in Washington, D.C. and New England Region office in Boston. Matt served as Chief of the New England Region’s Wetlands Protection Program and Senior Wetland Ecologist, and on national work groups developing guidance and regulations on Clean Water Act jurisdiction. He has testified before federal grand juries and served several times as an expert witness in federal, state, and private litigation. He co-instructs a week-long intensive course on wetland identification and delineation at the Eagle Hill Institute in Maine, and has taught courses in wetland regulation, restoration and creation, wetland ecology, and wetland identification and delineation for federal and state agencies, academic organizations, and environmental consultants. He received his degree in Wildlife Management from the University of Maine..
Part 1: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers
Presenter: Brenda Zollitsch, Association of State Wetland Managers
Part 2: Presenter: Brenda Zollitsch, Association of State Wetland Managers
Part 4: Presenter: Matt Schweisberg, Wetland Strategies and Solutions
Part 3: Presenter: Yvonne Vallette, U.S. Environmental Protection Agency, Region 10
View Past Wetland Regulatory Capacity Building Webinars Here
| 2020 |
View a List of Wetland Regulatory Capacity Building Webinar Recordings Here
This webinar series addresses key elements and issues of assumption that are faced by states and tribes. Webinars cover some of the basic considerations for states and tribes, as well as share examples of states and tribes working on assumption activities. Content in this webinar series does not replace formal rulemaking and guidance from EPA.
For more information and/or to join our email list for notices about upcoming events, please contact Laura Burchill at laura@nawm.org or (207) 892-3399.
View a List of Past Section 404 Assumption Webinar Recordings Here
Please click on a year below to view past webinars.
Conducting Federal-State/Tribal Regulatory Crosswalks for Clean Water Act Section 404 Assumption
Held Monday, March 22, 2021 - 3:00 – 4:30 pm Eastern
INTRODUCTION
- Brenda Zollitsch, Senior Policy Analyst, Association of State Wetland Managers [POWERPOINT PRESENTATION]
PRESENTERS [POWERPOINT PRESENTATION]
- Heather Mason, Florida Department of Environmental Protection
- Barbara Poage, Oregon Department of State Lands
- Les Lemm, Minnesota Board of Water and Soil Resources
- Ken Powell, Minnesota Board of Water and Soil Resources
ABSTRACT
In the assumption planning process, states and tribes must complete a regulatory crosswalk. The purpose of the crosswalk is to examine any differences between state and federal standards and to provide insights into any gaps that may need to be filled. The regulatory crosswalk allows states and tribes to show that the final program, when ready for assumption, provides a no less stringent than federal regulatory program. This webinar discussed the basics of regulatory crosswalks and provide three different experiences from states that have completed or are in the process of completing a regulatory crosswalk as part of their assumption planning process. Presenters included staff from Florida (which recently assumed the 404 Program), Oregon which has completed the crosswalk but is still in the process of developing their assumption package, and Minnesota, which is in the early phases of conducting their analysis. Each presenter shared when in the assumption process they conducted their crosswalk, what process and format they used to conduct it, and any challenges they encountered. They shared what their crosswalk found/is finding, whether there were any gaps or inconsistencies that needed to be addressed and how they filled them. Each presenter shared lessons learned and tips for others planning to conduct a regulatory crosswalk. The webinar ended with a Q&A session with the presenters.
BIOS
Heather Mason is an Environmental Administrator at the Florida Department of Environmental Protection, leading the Submerged Lands and Environmental Resources Coordination program’s training and rulemaking team. Her team is currently working on Florida’s 404 assumption effort. Her education includes an M.S. in Environmental Science and B.S. in Environmental Management. She is also a certified Professional Wetland Scientist (PWS).
Barbara Poage is a Hydrogeologist with 20+ years in environmental and hydrologic consulting for private sector, tribal, non-profit, industrial, and state and federal government. She has managed innumerable environmental investigation and remediation projects throughout the west coast, has served as a tribal Superfund (CERCLA) Program Manager in New Mexico, and has excelled in state and federal rule and statute application and interpretation throughout her career. She has worked for Oregon Water Resources Department in water rights for many years and is currently the Clean Water Act 404 Assumption Analyst for Oregon Department of State Lands. Barbara holds a Bachelor of Science in Geology from University of Idaho and a Masters in Hydrology from New Mexico Institute of Mining and Technology. As well, Barbara is an instrument-rated pilot and FAA Part 107 Certified sUAS (drone) Pilot Operator and small business owner (Right Strut Aviation LLC).
Les Lemm is the Wetlands Section Manager for the Minnesota Board of Water and Soil Resources. He is responsible for overseeing implementation of the State Wetland Conservation Act, Minnesota’s comprehensive wetland protection law, including a robust wetland banking program. He has a variety of other experience, including working as a charter boat captain on Minnesota’s Lake of the Woods, a natural resource consultant, and the District Manager for the Lake of the Woods Soil and Water Conservation District. Les has a Bachelor’s degree in Natural Resource Management from the University of Minnesota and a Master’s degree in Resource Economics from North Dakota State University.
Ken Powell is the Minnesota Wetland Conservation Act Operations Supervisor for the state’s wetland regulatory program. He has worked at the Minnesota Board of Water and Soil Resources for the last 14 years and has been a practicing wetland scientist and policy specialist since 1992. He earned a B.S. in Wildlife from the U. of Wisconsin-Stevens Point and an M.S. in Biology from Kansas State University.
Part 1: Introduction: Brenda Zollitsch, Senior Policy Analyst, Association of State Wetland Managers; Presenters: Heather Mason, Florida Department of Environmental Protection; Barbara Poage, Oregon Department of State Lands; and Les Lemm, Minnesota Board of Water and Soil Resources
Part 2: Panel Discussion
Part 3: Panel Discussion
Findings from ASWM’s Multi-Year Clean Water Act Section 404 Assumption Project
Held Tuesday, March 16, 2021 - 3:00-4:30 pm Eastern
- Marla Stelk, Executive Director, Association of State Wetland Managers [POWERPOINT PRESENTATION]
PRESENTERS [POWERPOINT PRESENTATION]
- Kathy Hurld, U.S. Environmental Protection Agency
- Brian Wolff, Indiana Department of Environmental Management
- Laura Johnson, Nebraska Department of Environment and Energy
- Brenda Zollitsch, Association of State Wetland Managers
ABSTRACT
This webinar will share the findings of the Association of State Wetland Managers (ASWM) multi-year project on assumption of the Clean Water Act Section 404 Program. The webinar will outline the key elements of a complete assumption package, walking through project findings on each element from ASWM’s multi-year project on assumption. The webinar will introduce participants to new resources developed through the project, including a matrix of existing examples of assumption package components, a checklist of considerations for those exploring assumption, and many support documents, as well as how to access ASWM’s archived assumption webinar series. The webinar will include basics for each element, as well as key lessons learned from states that have explored or are working towards assumption. The webinar will end with discussion about the new forthcoming Clean Water Act 404(g) Rule and some of the important things to look for when it is published (expected 2021). The webinar will include time for participants to ask questions of the panelists.
BIOS
Kathy Hurld is an Environmental Protection Specialist with the U.S. Environmental Protection Agency (EPA) in Washington, DC. Her nearly 30 years’ experience working on ocean, coastal, wetland, agroforestry and other environmental issues, has taken her throughout the U.S. and internationally as she worked on both the local and international level. Currently, Kathy is the EPA’s staff lead on Clean Water Act Section 404(g) and works to assist states and tribes pursuing assumption of the program. Kathy has a BS in biology from Hope College and a Master’s in Public Administration from American University.
ASWM’s Assumption Project Workgroup Members have been meeting monthly for more than two years. Comprised of state, tribal, federal and academic experts, ASWM’s Assumption workgroup has more than 30 members. Each month, the workgroup has tackled complex issues around assuming the 404 Program. These have included dialogue around conducting regulatory crosswalks, completing assumable waters analysis, developing memoranda of understanding, and more. Workgroup members will join in presenting key findings and lessons learned.
Brian Wolff, a member of ASWM’s project work group, has served as the Branch Chief of Surface Water, and Operations for the Indiana Department of Environmental Management for the past 6 years. The branch covers Wetlands, Stormwater, MS4’s, and operational duties for all of the water quality division. Prior to joining Water Quality, Brian served 10 years as manager of the Special Projects Section in the Office of Air Quality, and for 5 years evaluated risk assessments in the Office of Land Quality. Brian has a Bachelor of Science in Biology from Indiana University.
Laura Johnson is the Clean Water Act 404 Section Supervisor for the Nebraska Department of Environment and Energy managing the 401 water quality certification program and leads a 404 assumption team. She has been with the Department since 2012 and served as the Integrated Report and TMDL Coordinator for the first 7 years. Laura earned a Bachelor’s of Science in Natural Resources and Environmental Economics with a minor in Water Science from the University of Nebraska Lincoln.
Brenda Zollitsch is Senior Policy Analyst at the Association of State Wetland Managers. Over the last two years, Brenda has led ASWM’s Assumption Project, coordinating the project workgroup, dialogues and research to develop the resources that will be presented during this webinar. At ASWM, Brenda conducts research and policy analysis on wetland and stream issues; works to analyze and respond to emerging wetland-related rules and regulations; manages projects; and designs, coordinates and evaluates training for wetland professionals. Brenda is also currently leading a multi-year national project on Wetland regulatory Capacity Building. Brenda earned a double Master’s degree in International Relations and Environmental Resource Management from Boston University and her PhD in Public Policy from the University of Southern Maine’s Muskie School of Public Service.
Part 1: Introduction: Marla Stelk, Association of State Wetland Managers
Presenters: Kathy Hurld, U.S. Environmental Protection Agency and Brenda Zollitsch, Association of State Wetland Managers
Part 2: Presenters: Brian Wolff, Indiana Department of Environmental Management and
Laura Johnson, Nebraska Department of Environment and Energy
Part 3: Presenters: Brenda Zollitsch, Association of State Wetland Managers and
Kathy Hurld, U.S. Environmental Protection Agency
Part 4: Questions & Answers
Understanding Alternatives: State Programmatic General Permits and Assumption of the § 404 Program
Held Friday,February 26, 2021 - 3:00-5:00 pm ET
INTRODUCTION
- Brenda Zollitsch, Association of State Wetland Managers [POWERPOINT PRESENTATION]
PRESENTERS
- Donna Downing, Association of State of Wetland Managers [POWERPOINT PRESENTATION]
- Eric Metz, Marsh MD Wetland Consulting [POWERPOINT PRESENTATION]
- Barbara Poage, Oregon Department of State Lands [POWERPOINT PRESENTATION]
- Timothy Rach, Florida Department of Environmental Protection [POWERPOINT PRESENTATION]
- Denise Clearwater, Maryland Department of the Environment [POWERPOINT PRESENTATION]
ABSTRACT
An increasing number of states are looking to create regulatory consistency and stability in their aquatic resource permitting programs. The Clean Water Act Amendments allow states to increase responsibility by assuming some administration of federal regulatory programs – State Programmatic General Permits (SPGPs) and 404 Assumption. While the options of developing general permits and assuming the § 404 program have been around for a long time, there remains confusion about what each option can offer and what some of the challenges and opportunities around them are. This webinar discussed the differences between developing a general permit and assuming the § 404 Dredge or Fill Permit Program, as well as some of the pros and cons for each. Panelists shared key questions that they recommend a state or tribe explore before making decisions and the importance of context and timing. The webinar ended with a discussion of developing a general permit as a stepping stone towards assumption and an opportunity for webinar participants to ask questions on the topic.
BIOS
Donna Downing is the Senior Legal Policy Advisor, Association of State Wetland Managers. Donna was the Jurisdiction Team Leader in the U.S. Environmental Protection Agency’s (EPA) Office of Wetlands, Oceans, and Watersheds. Donna worked on a variety of issues at EPA, with a focus in recent years on the geographic scope of the Clean Water Act (CWA) in light of the U.S. Supreme Court decisions. She also served as EPA’s staff lead for CWA section 401 water quality certification, and on wetland-related legal issues. Prior to joining EPA in 1998, Donna worked for the U.S. Congress Office of Technology Assessment and in private law practice. She has a BA magna cum laude from Harvard University, an MPP from the University of California at Berkeley, a JD cum laude from Georgetown University Law School, and an LLM in Environmental Law summa cum laude from George Washington University Law School. Donna has been an adjunct professor at George Washington University Law School since 1996, teaching environmental law. In what’s left of her time, she moonlights as a professional potter and an unprofessional horse trainer. Donna also enjoys traveling and has traveled by reindeer sled in the Swedish Arctic, gone winter camping with dog sleds in Minnesota’s Boundary Waters Wilderness Area, and bicycled the Burma Road in China.
Eric Metz, PWS, is the Principal of Marsh MD Wetland Consults based in Salem, Oregon. Most recently Eric was a Senior Policy & Legislative Analyst for the Oregon Department of State Lands and a senior manager in the Oregon State Removal-Fill Program. Earlier in his career, he was the Wetland Coordinator for the California Coastal Commission, for a combined total of more than 30 years of experience with two state wetland regulatory programs. Eric has also been a private wetland and environmental consultant in the Pacific Northwest and in Alaska and a wetland restoration project manager for the National Audubon Society. In 2014 Eric teamed up with Oregon Wetland Consultants and provided the Alaska Department of Environmental Conservation a cost analysis for operating a state-assumed 404 program. Eric has a BA in geography with a minor in biology from Humboldt State University in Arcata, California, and a Master of Landscape Architecture with an Environmental Planning emphasis from the University of California, Berkeley.
Barbara Poage is a Hydrogeologist with 20+ years in environmental and hydrologic consulting for private sector, tribal, non-profit, industrial, and state and federal government. She has managed innumerable environmental investigation and remediation projects throughout the west coast, has served as a tribal Superfund (CERCLA) Program Manager in New Mexico, and has excelled in state and federal rule and statute application and interpretation throughout her career. She has worked for Oregon Water Resources Department in water rights for many years and is currently the Clean Water Act 404 Assumption Analyst for Oregon Department of State Lands. Barbara holds a Bachelor of Science in Geology from University of Idaho and a Masters in Hydrology from New Mexico Institute of Mining and Technology. As well, Barbara is an instrument-rated pilot and FAA Part 107 Certified sUAS (drone) Pilot Operator and small business owner (Right Strut Aviation LLC).
Timothy Rach is a Program Administrator in the Submerged Lands & Environmental Resources Coordination Program at the Florida Department of Environmental Protection (DEP). He has been with DEP for over 23 years in various management and supervisory positions. Most of his time has been in the Environmental Resources Permitting program regulating development in wetlands and surface waters. Tim is responsible for overseeing the statewide implementation of the ERP rules and regulations within the Department, Water Management Districts and local delegated programs. He holds a Bachelors of Science degree in Marine Biology from Troy University and a Masters of Science degree in Ecology from Old Dominion University.
Denise Clearwater has worked in Maryland’s wetland programs since 1986. She has a background in developing and implementing programs in wetland regulation, wetland training, and mitigation, as well as managing special projects for grants and program improvement and assisting in policy development. She has represented the Wetlands and Waterways Program in the Maryland Department of the Environment on numerous interagency work groups for regulatory, wetland monitoring, restoration, preservation and stream health and is a past co-chair of the Chesapeake Bay Program Wetland Work Group. She is also a member of the Society of Wetland Scientists. Denise has a B.S. in zoology from the University of Maryland and an M.S. in wildlife management from Frostburg State College (now University).
Part 1: Introduction: Brenda Zollitsch, Association of State Wetland Managers
Presenter: Donna Downing, Association of State Wetland Managers
Part 2: Presenters: Barbara Poage, Oregon Department of State Lands and Eric Metz, Marsh MD Wetland Consulting
Part 3: Presenters: Timothy Rach, Florida Department of Environmental Protection and Denise Clearwater, Maryland Department of the Environment
Part 4: Questions & Answers
View Past Section 404 Assumption Webinars Here
| 2020 |
View a List of Past Section 404 Assumption Webinar Recordings Here
In March 2021, ASWM completed a multi-year project on Building State and Tribal Wetland Regulatory Capacity. This webinar series will provide useful findings, state and tribal lessons learned and useful tools and techniques that can be used to help wetland programs increase effectiveness, efficiency, transparency and predictability in regulatory activities.
For more information and/or to join our email list for notices about upcoming events, please contact Laura Burchill at laura@nawm.org or (207) 892-3399.
List of Wetland Regulatory Capacity Building Webinar Recordings Here
Please click on a year below to view past webinars.
Please note, this was an ASWM Members’ Webinar that we have made available to the public.
The Navigable Waters Protection Rule: Highlights & Initial Take-Aways
Held Wednesday, March 25, 2020 - 12:00pm-2:00pm Eastern
INTRODUCTION
- Brenda Zollitsch, Senior Policy Analyst, Association of State Wetland Managers [POWERPOINT PRESENTATION]
PANELISTS
- Royal Gardner, Professor of Law and Director of the Institute for Biodiversity Law and Policy, Stetson University College of Law [POWERPOINT PRESENTATION]
- Mark Patrick McGuire, Association of Clean Water Administrators [POWERPOINT PRESENTATION]
- Ken Norton, National Tribal Water Council [POWERPOINT PRESENTATION]
- Brenda Zollitsch, PhD, Senior Policy Analyst, National Association of Wetland Managers [POWERPOINT PRESENTATION]
BIOS
Royal C. Gardner is Professor of Law and Director of the Institute for Biodiversity Law and Policy at Stetson University College of Law. He is an internationally recognized expert in wetland law and policy. Recent projects include serving as the Chair of the Scientific and Technical Review Panel of the Ramsar Convention on Wetlands, testifying before a World Bank arbitration panel, advising the Government of Oman regarding wetland policy, and coauthoring amicus briefs on behalf of environmental scientists. In WOTUS-related litigation, he has filed amicus briefs in the U.S. Court of Appeals for the Sixth Circuit, and in the U.S. District Courts for the District of North Dakota and the Southern District of New York.
Mark Patrick McGuire joined ACWA in January 2016 as an Environmental Program Manager. He manages Association work in the following subject areas: Nutrients policy, legal affairs, NPDES permitting, compliance, and enforcement, pretreatment, and water quality trading. Patrick holds a J.D. from the Catholic University of America, Columbus School of Law and a B.S. in History from Northeastern University. He is an active member of the Rhode Island and Massachusetts bars.
Ken Norton, Chair of the National Tribal Water Council, is an enrolled member of the Hoopa Valley Tribe, and serves as the Director of the Hoopa Valley Tribal Environmental Protection Agency (TEPA). Ken has expertise in water quality and the development of water quality standards. He is a fisheries expert understanding the water quality needs of healthy salmon and other river life, and is experienced in watershed restoration. As TEPA Director, Ken oversees tribal water programs and tribal environmental programs, such as superfund, brownfields, air, pesticides, lead and solid waste. In prior years (2004 and 2009), Ken served as the Vice-Chair of the National Tribal Operations Committee (NTOC) and as the NTOC Tribal Caucus lead for water issues.
Brenda Zollitsch is Senior Policy Analyst for the Association of State Wetland Managers. Brenda leads national policy analysis and research projects on a wide range of wetland issues and currently leads two national EPA Wetland Program Development Grant projects, one on state and tribal assumption and the other on building regulatory capacity in state and tribal wetland programs. She also leads analysis on proposed regulatory changes to both Clean Water Act Sections 401 and the Waters of the U.S. Brenda received her PhD in Public Policy from the University of Southern Maine’s Muskie School of Public Service in 2012.
Part 1: Introduction: Marla Stelk, Executive Director, Association of State Wetland Managers
Presenter: Royal Gardner, Professor of Law and Director of the Institute for Biodiversity Law and Policy, Stetson University College of Law
Part 2: Presenters: Mark Patrick McGuire, Association of Clean Water Administrators and
Ken Norton, National Tribal Water Council
Part 3: Presenter: Brenda Zollitsch, PhD, Senior Policy Analyst, Association of State
Wetland Managers
Part 4: Questions & Answers
View Past Clean Water Act Webinars Here
| 2019 | 2018 | 2017 | 2015 | ||||||
In the Courts - What's next for Waters of the United States Rule?
Wednesday, April 11, 2018
Presented at the Association of State Wetland Managers 2018 Annual State/Tribal/Federal Coordination Meeting
INTRODUCTION
Jeanne Christie, Association of State Wetland Managers
PRESENTERS
- Kim Diana Connolly, University at Buffalo School of Law
- Steve Johnson, Mercer University School of Law
BIOS
Kim Diana Connolly has focused a large part of her academic career on laws and policies that regulate and protect the planet and its inhabitants. She serves as a Professor of Law, and the Vice Dean for Advocacy and Experiential Learning for the University at Buffalo School of Law, where she directs both the Advocacy Institute and the Clinical Legal Education Program. She teaches environmental law courses, including the Environmental Advocacy Clinic. She also studies, writes and speaks about environmental and animal law policies, creatively examining and sharing ideas as to how to move toward a sustainable future. Professor Connolly’s commitment to environmental justice began before she attended law school, when she ran a non-profit working to bring social justice to those facing a lack of access to clean water and sanitary wastewater removal in North Carolina. After earning her law degree, she has advocated in multiple arenas, including in judicial settings, before federal, state and local legislative bodies, with federal, international, state, and local administrative bodies, and beyond. When she joined academia, Professor Connolly began exploring environmental and related policies. She has written both traditional and non-traditional works, and presented at numerous conferences around the world. Professor Connolly’s work has been used by policy-makers as well as cited by scholars. Prior to her teaching career, she practiced law with a number of Washington, D.C., law firms, including Beveridge and Diamond and Hunton & Williams. She received her J.D., magna cum laude, from Georgetown University Law Center and her LL.M. with highest honors from George Washington University Law School. Professor Connolly did her undergraduate work in chemistry at the University of North Carolina at Chapel Hill where she was a Morehead Scholar, and served as a VISTA volunteer between college and law school. She also received a certification in Non-Profit Management from Duke University.
Stephen M. Johnson is a Professor of Law at Mercer University Law School in Macon, Georgia. He received his J.D. from Villanova University School of Law and an LL.M. in environmental law from the George Washington University Law School. Prior to teaching, he served as an attorney for the Bureau of Regulatory Counsel in the Pennsylvania Department of Environmental Resources (now DEP) and as a trial attorney for the U.S. Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, where he worked on wetlands litigation and other environmental litigation.
He joined the Mercer faculty in 1993 and served as the Associate Dean for Academic Affairs from 2002-2012. He specializes in Environmental Law, Administrative Law and Statutory Law. In addition to authoring numerous articles on environmental law and administrative law, he has written a book on Wetlands Law, published by CALI’s eLangdell Press, and co-edited an American Bar Association book on Wetlands Law.
Part 1: Introduction: Jeanne Christie, Association of State Wetland Managers Part 2: Presenter: Steve Johnson, Mercer University School of Law and Kim Diana Connolly, University at Buffalo School of Law Part 3: Discussion
Presenter: Kim Diana Connolly, University at Buffalo School of Law and Steve Johnson, Mercer University School of Law
What's next for Waters of the U.S. (WOTUS)?
Friday, February 9, 2018 - 10:30 a.m. ET
INTRODUCTION
Jeanne Christie, Association of State Wetland Managers [PowerPoint Presentation]
PRESENTERS
- Royal Gardner, Stetson University College of Law [PowerPoint Presentation]
- Stephen Samuels, Retired from the U.S. Department of Justice [PowerPoint Presentation]
ABSTRACT
On January 22, 2018, the Supreme Court held unanimously that challenges to EPA’s and the Corps of Engineers’ promulgation of the Clean Water Rule in 2015, which defined the term “waters of the United States” in the Clean Water Act, may be brought only in the district courts. What does this decision mean for the stay of the Clean Water Rule that was issued by the Sixth Circuit Court of Appeals shortly after the new rule took effect? And does it even matter now that the executive branch has announced its intention to rescind the Clean Water Rule and replace it with a definition of WOTUS that will narrow the reach of the Act? Two experts on WOTUS will explore these questions, and yours, in a webinar on Friday, February 9, 2018 at 10:30 AM EST.
BIOS
Royal C. Gardner is Professor of Law and Director of the Institute for Biodiversity Law and Policy at Stetson University College of Law. He is an internationally recognized expert in wetland law and policy. Recent projects include advising the Government of Oman regarding wetland policy, coauthoring a U.S. Supreme Court amicus brief on behalf of environmental scientists, and creating an interdisciplinary course that facilitates discourse among experienced scientists, policymakers, and students.
His research and scholarship focus on U.S. and international wetland legal and policy issues, with an emphasis on biodiversity offsets. He has lectured in Africa, Asia, Europe, and North and South America. In 2006, he won the National Wetlands Award for Education and Outreach. In 1999–2001, Professor Gardner was appointed to the National Research Council’s Committee on Mitigating Wetland Losses.
An executive editor of the Boston College Law Review and a member of the Order of the Coif, he graduated magna cum laude from Boston College Law School. He then clerked for Chief Judge Francis J. Boyle of the United States District Court for the District of Rhode Island. From 1989 to 1993, he served in the Army General Counsel’s office as the Department of the Army’s principal wetland attorney, advising the assistant secretary of the Army (civil works) on legal and policy issues related to the Corps of Engineers’ administration of the Clean Water Act section 404 program. At Stetson, Professor Gardner has served as director of graduate and international programs, associate dean, vice dean, and interim dean.
Stephen Samuels, now retired, was previously Assistant Chief of the Environmental Defense Section of the Environment & Natural Resources Division of the U.S. Department of Justice. In that capacity, Mr. Samuels supervised a staff of 15 attorneys handling federal district court litigation involving all the major environmental pollution statutes. Mr. Samuels has 31 years of experience enforcing and defending the Clean Water Act Section 404 regulatory program. During that time, he helped lead the federal government’s litigation responses to the Supreme Court's decisions in SWANCC, Rapanos, Sackett and Hawkes. Until his retirement in January 2017, Mr. Samuels headed the DOJ litigation team that defended challenges to the Clean Water Rule. Mr. Samuels is a frequent speaker on Clean Water Act jurisdiction at conferences around the country. Mr. Samuels previously was an attorney with the U.S. Department of Energy and with the law firm of Breed, Abbott & Morgan. Mr. Samuels earned his J.D. in 1977 from Stanford Law School and his B.A. in 1974 from Tulane University.
Part 1: Introduction: Jeanne Christie, Association of State Wetland Managers Part 2: Presenters: Stephen Samuels, Retired from the U.S. Department of Justice and Royal Gardner, Stetson University College of Law Part 3: Presenters: Stephen Samuels, Retired from the U.S. Department of Justice and Royal Gardner, Stetson University College of Law Part 4: Questions & Answers
Presenter: Stephen Samuels, Retired from the U.S. Department of Justice
View Past Clean Water Act Webinars Here
| 2020 | 2019 | 2017 | 2015 | ||||||
The federal Clean Water Act (CWA) is the main piece of federal legislation that protects the Nation's waters. Within the CWA, there are a number of sections that specifically address protection or regulation of wetlands. As such, NAWM closely follows all proposed and final CWA rules pertaining to wetlands and uses this webinar series as a vehicle to share timely information regarding any proposed regulatory changes and how they might impact state and tribal wetland programs.
For more information and/or to join our email list for notices about upcoming events, please contact Laura Burchill at laura@nawm.org or (207)892-3399.
If you haven’t used Go To Webinar before or you just need a refresher, please view our guide prior to the webinar here.
View Past Clean Water Act Webinars Here
View a List of Past Clean Water Act Webinar Recordings Here
Please check back for future Clean Water Act Webinars. Thank you.
The federal Clean Water Act (CWA) is the main piece of federal legislation that protects the Nation's waters. Within the CWA, there are a number of sections that specifically address protection or regulation of wetlands. As such, NAWM closely follows all proposed and final CWA rules pertaining to wetlands and uses this webinar series as a vehicle to share timely information regarding any proposed regulatory changes and how they might impact state and tribal wetland programs.
For more information and/or to join our email list for notices about upcoming events, please contact Laura Burchill at laura@nawm.org or (207) 892-3399.
View a List of Clean Water Act Webinar Recordings Here
Please click on a year below to view past webinars.
Underwater: Rising Seas, Chronic Floods and the Implications for US Coastal Real Estate
Held Wednesday, October 3, 2018 at 3:00-4:30 pm Eastern
INTRODUCTION
Brenda Zollitsch, Policy Analyst, Association of State of Wetland Managers [PRESEANTATION PDF]
PRESENTERS
- Kristina Dahl, Union of Concerned Scientists [PRESENTATAION PDF]
- Shana Udvardy, Union of Concerned Scientists [PRESENTATION PDF]
ABSTRACT
Rising sea levels are putting hundreds of US coastal communities at risk of chronic flooding and growing land and property loss, in many cases within 15 to 20 years. Using data from real estate company Zillow and our own peer-reviewed methodology for estimating flood risk, the Union of Concerned Scientists released a new analysis that identifies the number of coastal properties at risk of chronic inundation, the present-day value of these properties at the zip code level, and their current contribution to the property tax base. Join the report authors to learn about the significant implications for local economies, governments, communities and the financial sector. They will provide suggestions for changes to policies and market incentives to help mount a robust nationwide response to this immediate and growing problem. There will be time for questions after the presentation. You can read the report and view maps here.
BIOS
Kristina Dahl is a senior climate scientist for the Climate & Energy program at the Union of Concerned Scientists. Dr. Dahl designs, executes, and communicates scientific analyses that make climate change more tangible to the general public and policy makers. Dr. Dahl earned a Ph.D. in paleoclimate from the MIT/Woods Hole Oceanographic Institution Joint Program, and a BA in Earth sciences from Boston University.
Shana Udvardy is a climate resilience analyst with the Climate & Energy program at the Union of Concerned Scientists. She conducts research and policy analysis to help inform and build support to increase resilience to climate change impacts. Ms. Udvardy is a Certified Floodplain Manager, and holds a M.S. in Conservation Ecology and Sustainable Development from the University of Georgia’s Odum School of Ecology and a B.A. from Syracuse University’s Maxwell School.
Please click only once on each video recording to view in this window.
Part 1: Introduction: Brenda Zollitsch, Association of State Wetland Managers
Presenter: Kristina Dahl, Union of Concerned Scientists
Part 2: Presenters: Kristina Dahl, Union of Concerned Scientists and Shana Udvardy, Union of Concerned Scientists
Part 3: Questions/Answers
ASWM American Wetlands Month Webinar
Measuring the Economic Benefits and Cost Effectiveness of Coastal Wetlands and Ecosystems
Held Wednesday, May 30, 2018 at 3:00pm ET
SPONSORED BY:
- National Oceanic and Atmospheric Administration
- U.S. Fish and Wildlife Service
INTRODUCTION
- Marla Stelk, Association of State of Wetland Managers [PRESENTATION PDF]
PRESENTERS
- Michael Beck, The Nature Conservancy and University of California, Santa Cruz [PRESENTATION PDF]
- Siddharth Narayan, University of California, Santa Cruz [PRESENTATION PDF]
ABSTRACT
ASWM will be wrapping up our celebration of American Wetlands Month with a fascinating webinar discussing two report’s findings that show how investments in nature-based infrastructure can meet multiple objectives for environmental restoration, adaptation and flood risk reduction as well as result in millions of dollars in savings from storm damages.
In 2016, the release of the report “Coastal Wetlands and Flood Damage Reduction: Using Risk Industry-based Models to Assess Natural Defenses in the Northeastern USA” gained international attention. In the report the authors quantified the economic benefits of coastal wetlands in reducing property damage from storms and flooding in the northeastern United States. Using risk industry models, they estimated that coastal wetlands saved more than US$ 625 million in avoided flood damages from Hurricane Sandy across the northeastern USA. Just this spring, a second report was released entitled “Comparing the cost effectiveness of nature-based and coastal adaptation: A case study from the Gulf Coast of the United States.” This report also shows that investments in nature-based adaptation could meet multiple objectives for environmental restoration, adaptation and flood risk reduction. In this presentation, Michael Beck and Siddharth Narayan will share their research, methods and findings from these two studies.
BIOS
Michael Beck is the Lead Marine Scientist at TNC and adjunct Professor in Ocean Sciences at the University of California Santa Cruz. Mike focuses on building coastal resilience in the interface between risk reduction and conservation. His approach is multi-disciplinary across ecology, engineering and economics. Mike has authored more than sixty peer-reviewed publications. His work covers topics from the role of coral reefs in reducing risks from storms to the effects of people on extinctions of Pleistocene mammals. He has also published numerous popular articles including Op-eds in the NY Times, Miami Herald, Huffington Post and the Caribbean Journal. He was a Fulbright Fellow at the University of Sydney and in 2012 Mike was also selected as a Pew Marine Conservation Fellow.
Siddharth Narayan (Sid) is a Research Scientist in Coastal Adaptation and Nature-based Solutions. A civil and coastal engineer, hailing from Chennai in southern India, he is based at the University of California Santa Cruz and works with Michael Beck, lead marine scientist at The Nature Conservancy. Sid's research interests focus on modelling interactions between natural and human coastal systems, to help develop sustainable measures for coastal adaptation. At present, he works closely with insurance risk modelers, ecologists and engineers to assess the role and value of wetlands for reducing flood risk and damages to people and property.
Please click only once on each video recording to view in this window.
Part 1: Introduction: Marla Stelk, Association of State Wetland Managers
Presenter: Michael Beck, The Nature Conservancy and University of California, Santa Cruz/b>
Part 2: Presenters: Michael Beck, The Nature Conservancy and University of California, Santa Cruz and Siddharth Narayan, University of California, Santa Cruz
Part 3: Questions/Answers
Presented at the Association of State Wetland Managers 2018 Annual State/Tribal/Federal Coordination Meeting
Held Thursday, April 12, 2018
Exploring Opportunities for Integrated Mapping and Functional Assessment of Riverine and Coastal Floodplains and Wetlands
- Andy Robertson, Saint Mary’s University of Minnesota
Focusing Restoration Where it Matters Most
- Caroline Chan, Kentucky Division of Water
An Integration Approach to Revitalizing a Brownfield Site - Achieving Multiple Benefits through Collaboration - NVF-Yorklyn, Delaware
- John Cargill, Delaware Department of Natural Resources and Environmental Control
Mapping Wetland and Floodplain Functions in Vermont
- Mike Kline and Laura Lapierre, Vermont Department of Environmental Conservation [PRESENTATION PDF]
Migratory Bird Treaty – What’s Next?
- Kim Connolly, University at Buffalo School of Law [PRESENTATION PDF]
Assessing Stream Functions for Watershed Management in Oregon
- Dana Hicks, Oregon Department of State Lands [PRESENTATION PDF]
Please click only once on each video recording to view in this window.
Exploring Opportunities for Integrated Mapping and Functional Assessment of Riverine and Coastal Floodplains and Wetlands
Presenter: Andy Robertson, Saint Mary’s University of Minnesota
Focusing Restoration Where it Matters Most
Presenter: Caroline Chan, Kentucky Division of Water
An Integration Approach to Revitalizing a Brownfield Site - Achieving Multiple Benefits through Collaboration - NVF-Yorklyn, Delaware
Presenter: John Cargill, Delaware Department of Natural Resources and Environmental Control
Mapping Wetland and Floodplain Functions in Vermont
Presenter: Mike Kline and Laura Lapierre, Vermont Department of Environmental Conservation
Migratory Bird Treaty – What’s Next?
Presenter: Kim Connolly, University at Buffalo School of Lab
Assessing Stream Functions for Watershed Management in Oregon
Presenter: Dana Hicks, Oregon Department of State Lands
What's next for Waters of the U.S. (WOTUS)?
Held Friday, February 9, 2018 - 10:30 a.m. ET
INTRODUCTION
- Jeanne Christie, Association of State of Wetland Managers[PRESENTATION PDF]
PRESENTERS
- Royal Gardner, Stetson University College of Law [PRESENTATION PDF]
- Stephen Samuels, Retired from the U.S. Department of Justice [PRFESENTATION PDF]
ABSTRACT
On January 22, 2018, the Supreme Court held unanimously that challenges to EPA’s and the Corps of Engineers’ promulgation of the Clean Water Rule in 2015, which defined the term “waters of the United States” in the Clean Water Act, may be brought only in the district courts. What does this decision mean for the stay of the Clean Water Rule that was issued by the Sixth Circuit Court of Appeals shortly after the new rule took effect? And does it even matter now that the executive branch has announced its intention to rescind the Clean Water Rule and replace it with a definition of WOTUS that will narrow the reach of the Act? Two experts on WOTUS will explore these questions, and yours, in a webinar on Friday, February 9, 2018 at 10:30 AM EST.
BIOS
Royal C. Gardner is Professor of Law and Director of the Institute for Biodiversity Law and Policy at Stetson University College of Law. He is an internationally recognized expert in wetland law and policy. Recent projects include advising the Government of Oman regarding wetland policy, coauthoring a U.S. Supreme Court amicus brief on behalf of environmental scientists, and creating an interdisciplinary course that facilitates discourse among experienced scientists, policymakers, and students.
His research and scholarship focus on U.S. and international wetland legal and policy issues, with an emphasis on biodiversity offsets. He has lectured in Africa, Asia, Europe, and North and South America. In 2006, he won the National Wetlands Award for Education and Outreach. In 1999–2001, Professor Gardner was appointed to the National Research Council’s Committee on Mitigating Wetland Losses.
An Executive Editor of the Boston College Law Review and a member of the Order of the Coif, he graduated magna cum laude from Boston College Law School. He then clerked for Chief Judge Francis J. Boyle of the United States District Court for the District of Rhode Island. From 1989 to 1993, he served in the Army General Counsel’s office as the Department of the Army’s principal wetland attorney, advising the assistant secretary of the Army (civil works) on legal and policy issues related to the Corps of Engineers’ administration of the Clean Water Act section 404 program. At Stetson, Professor Gardner has served as director of graduate and international programs, associate dean, vice dean, and interim dean.
Stephen Samuels, now retired, was previously Assistant Chief of the Environmental Defense Section of the Environment & Natural Resources Division of the U.S. Department of Justice. In that capacity, Mr. Samuels supervised a staff of 15 attorneys handling federal district court litigation involving all the major environmental pollution statutes. Mr. Samuels has 31 years of experience enforcing and defending the Clean Water Act Section 404 regulatory program. During that time, he helped lead the federal government’s litigation responses to the Supreme Court's decisions in SWANCC, Rapanos, Sackett and Hawkes. Until his retirement in January 2017, Mr. Samuels headed the DOJ litigation team that defended challenges to the Clean Water Rule. Mr. Samuels is a frequent speaker on Clean Water Act jurisdiction at conferences around the country. Mr. Samuels previously was an attorney with the U.S. Department of Energy and with the law firm of Breed, Abbott & Morgan. Mr. Samuels earned his J.D. in 1977 from Stanford Law School and his B.A. in 1974 from Tulane University.
Please click only once on each video recording to view in this window.
Part 1: Introduction: Jeanne Christie, Association of State Wetland Managers
Presenter: Stephen Samuels, Retired from the U.S. Department of Justice
Part 2: Presenters: Stephen Samuels, Retired from the U.S. Department of Justice and Royal Gardner, Stetson University College of Law
Part 3: Presenters: Stephen Samuels, Retired from the U.S. Department of Justice and Royal Gardner, Stetson University College of Law
Part 4: Questions & Answers
PDF List of Past Hot Topics Webinar Recordings
View Upcoming Hot Topics Webinars
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