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E-M:/ FW: TFOE ACTION ALERT



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Enviro-Mich message from Terry Link <link@pilot.msu.edu>
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I'm no genius, but this would seem to have significant repercussions for us Michiganders...

all good things,

terry link

To: 	TFOE@listhost.ciesin.org
Subject: 	TFOE ACTION ALERT


FYI

---------- Forwarded message ----------
Date: Mon, 23 Feb 98 12:46:00 PST
From: Jim Dwyer <jdwyer@CAMPUSPO.CSUCHICO.EDU>

This may sound small, but has truly major ramifications to the Clean
Water and Endangered Species acts. Please note that the deadline for
coments in February 24th. I decided to play librarian-detective and
discovered that Mr. Olson's e-mail is David.Olson@HQ01.usace.army.mil and
his phone is 202-761-0517. The deadline is tomorrow, so I'd encourage
using these methods rather than snail. Get them thar e-leck-tu-ron-ic
cards and letters goin' now! Thanks in advance and best wishes to all!
Jim Dwyer
Subject:  ACTION ALERT

ACTION ALERT!!!!!

Your letters are essential to turn back the building industry's attempt
to return Army Corp regulations to the old dig and fill policy with the
previous version of Nationwide Permit 26. Please read the information
below and the sample letter provided by the Campaign to Save California
Wetlands, of which BEC is a member. Thank you in advance for your
efforts!
_______________________________________________________________________
COMMENTS NEEDED ON PROPOSED CORPS PHASE-OUT OF NATIONWIDE PERMIT 26

Deadline:   February 24, 1998


BACKGROUND: Nationwide Permit 26 has been the most destructive permit
used in the Clean Water Act 404 program.  It has accounted for the
destruction of tens of thousands of acres of wetlands. In December,
1996, the U.S. Army Corps of Engineers announced that it would phase out
Nationwide Permit 26 by December, 1998, lower the ceiling for its use
from ten to three acres, and make other changes so that the permit would
be less damaging pending the phase-out. Comments in support of the Corps
changes are needed now because a federal court, at the request of a
developer association, has required the Corps to seek public comment on
three specific changes: 1) the NWP 26 phase-out by Dec. 13, 1998; (2)
the prohibition against filling or excavating more than 500 linear feet
of stream bed under NWP 26; and (3) the prohibition against using other
NWPs with NWP 26 (stacking) to authorize wetland fills over three acres
in size. Your letters are extremely important!  According to a recent
government survey, during the past decade the annual rate of wetlands
destruction was cut by 60 percent.  Increased public participation in
the 404 process is largely due to this. Your efforts help and are
appreciated! Please send a letter to the Corps by February 24.  See the
sample letter attached and thank you for your help.

______________________________________________________________________
Mr. David Olson and Mr. Sam Collinson
Headquarters
U.S. Army Corps of Egineers, CECW-OR
Washington, DC 20314-1000



Dear Mr. Olson and Mr. Collinson:

[On behalf of the ____, which comprises____ members,] I am writing in
response to the public notice published November 26, 1997 regarding
proposed changes to Nationwide Permit 26.  The U.S. Army Corps of
Engineers has requested public comments on three specific changes
established by the Corps when the permit was reissued in December of
1996; namely: 1) the phase out of NWP 26 by December, 1998; 2) the
prohibition against filling or excavating more than 500 linear feet of
stream bed; and 3) the prohibition against stacking of nationwide
permits with NWP 26 to authorize wetland fills over three acres in size.

We support Phase-out of NWP 26. NWP 26 has been responsible for the
destruction of tens of thousands of acres of wetlands. The Environmental
Protection Agency, the Department of the Interior and the National
Oceanic and Atmospheric Administration have opposed NWP 26 in its old
form and the National Academy of Sciences has criticized the permit for
its lack of scientific basis.  Many states, including California, have
opposed or conditioned it due to the amount of wetlands destruction it
authorizes. NWP 26 in its current form quite possibly violates the Clean
Water Act, which allows nationwide permits for specific sets of
activities that have no more than "minimal" effects on the environment
individually and cumulatively.  We support this permit's phase out by
its target date of December 13, 1998. Its rescission is a sound decision
as a matter of law, science and policy.

Linear Foot Limitation Should Be Lowered.
The new linear foot limitation is a necessary step in protecting our
nation's valuable riparian wetlands, areas which provide habitat for
birds and wildlife, protect our homes from flooding and filter our
drinking water.  Many states have lost a high percentage of their
riparian areas [California 98%].  While the 500 foot limitation that the
Corps has chosen is an improvement, this limitation should be lowered to
200 feet, to provide adequate legal protections to wetlands and
waterways.
Stacking Should Be Banned. Stacking of multiple NWPs for use in a single
development project is environmentally destructive.  Projects requiring
more than one nationwide permit for authorization should be placed under
the scrutiny of the individual permitting process.  Although I support
the stacking restrictions on NWP 26, I urge that a complete prohibition
on stacking be imposed for the entire NWP program.

CONCLUSION
I support the changes made to NWP 26 as mentioned above.  I especially
urge that the permit be phased out without delay and that any
replacement be designed to fully comply with the provisions of the Clean
Water Act and to avoid, in the future, the kinds of wetland losses that
have resulted from this permit in the past.

Sincerely

----
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###################################
Terry Link
Librarian
Main Library
Michigan State University, East Lansing, MI 48824-1048
1-517-355-1751(voice);   1-517-432-1445(fax)
link @pilot.msu.edu(e-mail); www.lib.msu.edu/link/(home page)
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Be the change you want to see in life--M. Gandhi
________________________________________
True charity is not a measure of how much one gives, but rather how much one has left---Unknown
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