News from the

  A Newsletter of LG2 Environmental Solutions, Inc.
   Volume 2 Number 1 January/February/March 2004

 

In This Newsletter:

 

 

 

A New Method to the Madness-Uniform Mitigation Assessment Method   Back to top

Most development projects in Northeast Florida cannot totally avoid encroachment into jurisdictional wetland areas regardless of  “avoidance and minimization” efforts.  In order to make up for loss of wetland function, the State of Florida and the Federal Government allows us to impact wetlands if the unavoidable wetland losses are compensated by providing replacement of those wetland functions.  The act of replacing wetland functions is called Wetland Mitigation and can take the form of wetland creation, restoration, enhancement, or preservation.

Though Florida and the Feds have different methods of determining how much is enough, the St. Johns River Water Management District has been the controlling entity for most projects requiring more mitigation than other interested agencies.  The District’s appetite was driven by guidance in the Applicant’s Handbook provided by the District itself.  The handbook dictates specific ranges of ratios for each mitigation type.  For example, wetland creation or restoration for impacts to wetlands range from 1:1 to 4:1 depending on the subjective quality of the wetland proposed to be destroyed versus the wetland proposed to be created.  Ratios for wetland preservation could range from 10:1 to 120:1 (wetlands preserved to wetlands impacted).  This process is driven strictly by subjective opinion and usually becomes a heated point of negotiation between the District and the land owner. 

In an effort to standardize the methods for determining mitigation amounts and number of credits for mitigation banks, the State of Florida mandated through Statute [373.414(18)] the establishment of a Uniform Mitigation Assessment Method (UMAM).  This method is based on a similar method used by the U.S. Army Corps of Engineers called WRAP (Wetland Rapid Assessment Procedure).  The new method evaluates specific functions common to nearly all wetlands and assigns a quality ranking based on a list of qualifiers.  All of the functional categories are then averaged to produce a value.  The values are computed for wetland impacts and proposed mitigation to provide a balance.  The difference between the values should be close to 0 if mitigation offsets the impact.

Although not as subjective as the ratio methods, each category evaluation is still a matter of “reasonable scientific judgment” and thus open to argument and negotiation.  Initial examination of the method may lead one to assume that the method would generally reduce the amount of mitigation to be required.  Under closer examination however, one can see another layer of subjectivity, presented as “time lag” and “risk factor” that could be used by either party to skew results in their favor.  Time lag is the amount of time for a proposed mitigation effort to provide all of the proposed functions (for example, a new wetland creation site may take up to 30 years to become mature).  Risk factor is a subjective number from 1 to 3 used to determine the likelihood of failure of the mitigation effort.  These two variables are used in the total formula and can possibly be manipulated by either side to favor themselves.

Although still subjective, this new method is a reasonable attempt at a unified methodology that is supposed to be relatively quick and inexpensive compared to more scientific approaches such as HGM (Hydrogeomorphic Method).  HGM is more scientific but can be very cumbersome and expensive to implement.  Though subjective, the new method can be completed with less effort than others.

Only time and experience will show how this new method will work.  It appears likely that it will require more work from biologists, field ecologists, and good negotiators.                                           

LG2ES Wins First Federal Contract-Red-cockaded Woodpecker and Bald Eagles Survey Back to top

LG2 Environmental Solutions, Inc. won a contract to perform a survey for Red-cockaded woodpecker (RCW) and Bald Eagle nesting trees in the Sam Houston National Forest near Houston, Texas, for the U.S.D.A. Forestry Service.  The survey was to cover over 7000 acres.  This effort included walking 200-foot transects in search of RCW cavity trees and Bald Eagle activity.  Each RCW, Bald Eagle nesting tree, and transect line was located by Global Positioning System (GPS) while recording a list of field measurements.  All data was entered into a new Geographic Information System (GIS).  LG2ES subcontracted and managed two local environmental consulting firms, Advanced Ecological Associates, Inc. and Burditt Sustainable Resource Consultants to assist on the project.  The project was completed within 30 days, 10 days under schedule.  Comments from the Forestry Divisions Project Manager were positive as we provided solutions to complete this project in a timely manner.  LG2ES provided total project management including field survey, subcontractor logistics, GPS technical and file management, and GIS management.  This project was a key baseline effort in an ongoing effort to increase federally endangered species populations on public lands. 

LG2ES has also won a contract with Region 7 Environmental Protection Agency to provide training to EPA personnel and industrial environmental managers on the Toxic Release Inventory reporting methods.  The training sessions will begin in April in several Midwest cities.

U.S. Army Corps of Engineers Jacksonville District Changes Gears—From Slow to Slower  Back to top

The U.S. Army Corps of Engineers is the lead federal agency regulating development impacts upon wetlands.  Over the past few years, the Corps has completed Individual Permits in about 5 to 6 months on average for relatively straight-forward projects.  Difficult projects have taken up to 1 year.  Nationwide and General Permits had typically taken from 3 to 4 months to obtain. 

Recently however, the Corps has undergone some changes that have significantly slowed their regulatory permitting efforts, especially for private development projects.  First, the Corps has had a high workload with a large volume of permit applications.  Earlier 2003, the Corps Regulatory Branch moved their office from Bay Street to the Prudential Building.  This move was necessary; however, it has caused delays in processing permits. 

To further exasperate the situation, the Jacksonville Corps agreed to install and test a new computer filing system to be implemented nationwide.  Installing this new computer system required attention from all permit reviewers and 

has so far caused even more delays.  Add to this problem the threat that one or more major permit reviewers are seriously considering leaving the regulatory branch of the Corps.  The vacancies will lead to even more office shifting and, yes . . . delays.  The federal government has a cumbersome hiring process that will likely take months to train and fill vacant positions. 

So, how much delay could we be facing on receiving permits for projects?  Corps permit processors have been estimating from 12 to 18 months for most Individual Permits depending on the load of military and civil works projects that usually takes priority over private development. Difficult projects could take as much as 24 months.  Most would agree that such time frames are excessive. 

What can we do to speed up the process?  LG2 Environmental Solutions, Inc. has taken measures to reduce these delays as much as possible.  Many of our solutions to these delays resulted from a continuing close professional relationship with the Corps staff.  LG2ES is able to structure a permit application with the appropriate information and format to aid the permit reviewer in making appropriate decisions and minimizing duplication in the Corps permitting process.  Many other keys to speeding up the process are considered proprietary to LG2ES and will not be discussed in this newsletter; however, these keys would be applied to every project to which LG2ES is involved. 

One of the best ways to speed up the process is to prepare appropriately for the permit application process in the very early stages of project planning.  Identifying key issues and potential problems early will always allow us to either avoid the problem with effective modifications or prepare to address the issues with sound arguments and appropriate data and documentation. 

The news is not all bad, however. Some field offices of the Jacksonville District have demonstrated very responsive services.  The Gainesville field office has turned over some permits in a manner of a few weeks.  Hats off to the Gainesville Corps office!

In summary, the Jacksonville Corps Regulatory Branch is taking significantly longer to process permit applications.  Applicants will need to plan for these delays in their development schedule and take appropriate steps that are available to speed up the permit review times by Corps staff.  LG2ES’s knowledgeable and experienced staff has proven to be effective in significantly reducing permitting times.

Formal Wetland Determinations-St. Johns River Water Management District VS. Florida DEP   Back to top

Under the State of Florida’s jurisdiction, all wetland boundaries must be delineated per “The  Landward Extent of Wetlands and Surface Waters” (62.  F.S.).  Under a Memorandum of Agreement, both State agencies that regulate impacts to wetlands have agreed to divide the responsibility of wetland line review and permit processing for wetlands based on the type of proposed project.  St. Johns River Water Management District (SJRWMD) reviews all projects associated with commercial uses, residential subdivisions, and agricultural uses.  Florida Department of Environmental Protection (DEP) reviews all projects associated with wastewater treatment sites, power facilities and power lines, utility lines, landfills, and single-family lots.  Wetland boundaries can be reviewed as a Formal Petition for Wetland Jurisdictional Determination or during the permit process.  This decision depends on several factors in the project and project objectives.

Up to recently, a land owner or buyer could request a Formal Jurisdictional Wetland Determination on a parcel of property from either agency if the applicant had yet to determine a particular land use.  Deciding on the agency to request the wetland line review usually depended on numerous factors, time to schedule the field meeting being one of the most crucial. 

Now, if a project type and proposed land use is not determined during a Formal Wetland Jurisdictional Determination, both agencies will examine the current land use and zoning for the property.  Agricultural properties, commercial properties, and properties zoned for higher density subdivisions will be processed by  SJRWMD.  DEP will still review any other property including single-family lots.  Recent confusion in this matter caused one Request for Jurisdictional Determination to be bounced back and forth between the two agencies significantly delaying the site review.

When considering a Formal Jurisdictional Wetland Determination from the State of Florida, be sure to check the current land use and zoning and apply to the appropriate agency.  Also, remember that DEP is the final authority on all State of Florida wetland determinations and can review SJRWMD determinations if requested.

LG2 Environmental Solutions, Inc. Wins Continuing Contract with St. Johns County Back to top

LG2 Environmental Solutions, Inc. was one of the top environmental consulting firms chosen for indefinite quantity environmental contracts for St. Johns County.  The contract will allow direct ordering of services or bid solicitation from all departments of St. Johns County government.  Services under this contract include nearly all disciplines of the environmental field. 

A Fatal Disease May Threaten Florida Deer Back to top

The Florida Fish and Wildlife Conservation Commission (FWC) is promoting awareness of a cervid (antlered animal) progressive, neurological, debilitating disease known as Chronic Waste Disease (CWD).  This disease slowly deteriorates brain function causing clinical signs and abnormal behavior that include: 

·   Excessive salivation and grinding of teeth,

·   Increased drinking and urination,

·   Dramatic loss of weight and body condition,

·   Poor hair coat,

·   Staggering,

·   Lowering of head,

·   Blank facial expression, and

·   Repetitive walking in set patterns. 

Possibly being caused by an abnormal protein called a prion, CWD is caused by direct contact with body fluids (feces, urine, saliva) or by indirect contact (contaminated environment).  A prion may exist for many years and remain infective.  The disease appears to thrive where large populations can be found.  However, free-ranging cervids are also affected as documented in Colorado, Illinois, Wyoming, Nebraska, South Dakota, Wisconsin, New Mexico, Saskatchewan, and Alberta.  Captive populations affected have been located in Colorado, Wyoming, Nebraska, South Dakota, Oklahoma, Kansas, Montana, Wisconsin, Minnesota, and South Korea.  Florida and other southeastern states appear to be free of CWD. 

The FWC is asking help from Florida sportsman and residents to help monitor and prevent the infection of Florida cervid populations.  If you see a deer with any the above symptons, do not handle the animal and contact your nearest regional office.  In addition, any illegal importations of cervids should be reported to 1-888-404-FWCC.  Information in this article is available at http://www.myfwc.com/cwd/.  

Got a Question?  Ask LG2ES! Back to top

Ask any question related to environmental or Land use regulations on our website, www.lg2es.com.  Click on “Contact US or Ask a Question”.  This is an easy and discrete way toget an answer.  You will receive a response within 24 hours.

Please send us your Email Addresses for future issues of  “News from the Cypress Stump” Back to top

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