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Re: E-M:/ MI federal wetland permits back to feds?



The Corps deals with shoreline issues (when there are no wetlands) under Section 10 of the Rivers and Harbors Act.  The Corps also administers the Federal wetland protection program (Section 404 of Clean Water Act) with oversight by EPA.  For example, prior to the Stating taking over the Federal program in the early 1980s, the Corps was responsible for assessing a proposal for a permit for work on Ford Lake in Ypsilanti.  So in answer to your question, no, the EPA would not directly deal with wetland issues in the interior of the State (unless there was a major issue of some sort).  They would have indirect oversight but the Corps is the Federal office that issues or denis wetlands permits.

 

Please note that the Regulatory Branch of the Corps is much different than the rest of the Corps.  The Corps has historically taken a bad rap because of the many water control related projects, etc.  The Detroit District Regulatory Branch does a great job in protecting the wetlands under their jurisdiction (and there are differences between different offices).  They have limitations, just like the State does, when it comes to protecting wetlands and issuing permits. 

 

That said, I still hope the State of Michigan is able to hold onto their program and believe enviro-michers should contact their state representatives, senators and Gramholm to let them know they should save the State's program.  I disagree a previous email that stated the State could start the program back up when things get better.  I think it would be very unlikely they would ever start it back up if they stopped the program.

 

Bob Morningstar

----- Original Message -----
From: michdave@aol.com
To: jkart@bc-times.com, enviro-mich@great-lakes.net
Sent: Tuesday, February 3, 2009 9:37:21 AM GMT -05:00 US/Canada Eastern
Subject: Re: E-M:/ MI federal wetland permits back to feds?

Explanation on DEQ web site:
http://www.michigan.gov/deq/0,1607,7-135-3313_3687-10801--,00.html

-----Original Message-----
From: Jeff Kart <jkart@bc-times.com>
To: enviro-mich@great-lakes.net
Sent: Tue, 3 Feb 2009 9:34 am
Subject: Re: E-M:/ MI federal wetland permits back to feds?

Wouldn't the Corps deal with shoreline issues, and the EPA deal with interior wetlands (if that makes any sense)? 
Jeff. 
 
bobmorningstar@comcast.net wrote: 

> Andrew, 

> I have a couple comment regarding your questions and the Detroit News > article that your email provided a link to. 

> > 
> 1. The Detroit News article incorrectly states the MDEQ has protected > wetlands since 1995, when the State passed their wetland protection > laws back in 1979 (although the law were then administered by the > MDNR). The Detroit News also states the Federal laws would be > administered by EPA when it is the Corps of Engineers that administer > the Federal wetland protection laws as part of Section 404 of the > Clean Water Act. 

> > 
> 2. In regards to local wetland protection, the State wetland > protection act enables local units of government to protect wetlands > and I believe most local ordinances are given their authority through > state law. I'm not sure if the Federal law also allows for local > governments to enact wetland protection. 

> > 
> 3. If MI was to scrap their program the Federal program in MI would > revert back to the Detroit District of the Corps of Engineers. The > Detriot District is one of the best Corps Districts in the country > when it comes to administering the Federal wetland protection > program. However, I believe their existing staff would be required to > expand their jurisdiction (currently in MI, the Corps only have > jurisdiction on wetlands adjacent to navigable waters, ie. the Great > Lakes and some of the major rivers or connecting channels). It is my > opinion that unless the Feds provided additional staff to the Detroit > District the Gramholm administration is incorrect in Stating the Feds > have the resources to administer the program. > 
> > 
> 4. Regarding the impacts on regulation of certain wetlands by the > Corps administering the program, that one is a little harder issue. > It would be nice to have any Corps regulatory staff in the Detroit > District to make a comment on this issue. 

> > 
> Bob Morningstar 

> > 
> > 

> ----- Original Message ----- 
> Fr om: "Andrew Mutch" <andrewimutch@yahoo.com
> To: "Dave Dempsey" <davedem@hotmail.com>, enviro-mich@great-lakes.net 
> Sent: Tuesday, February 3, 2009 8:19:04 AM GMT -05:00 US/Canada Eastern 
> Subject: Re: E-M:/ MI federal wetland permits back to feds? 

> Can someone more familiar with the state and federal regulations of > wetlands explain whether this will result in certain state wetlands > being left unregulated? I can't imagine that every state regulated > wetland is going to be subject to federal jurisdiction and review. If > this will result in some wetlands resources no longer being protected > through a lack of state review, those local governments that currently > protect wetlands through wetland ordinances should be given the clear > authority to regulate those resources so that are not left unprotected. 

> Andrew Mutch 
> Novi 

> ------------------------------------------------------------------------ 
> *From:* Dave Dempsey <davedem@hotmail.com
> *To:* enviro-mich@great-lakes.net 
> *Sent:* Tuesday, February 3, 2009 8:04:00 AM 
> *Subject:* E-M:/ MI federal wetland permits back to feds? 

> Michigan Gov. Jennifer Granholm wants to scrap state protection of > wetlands as part of her budget-cutting plan. 
> In tonight's State of the State address, she'll announce a plan to > return wetland permit decisions to the federal Environmental > Protection Agency. 

> http://www.detnews.com/apps/pbcs.dll/article?AID=/20090203/POLITICS/902030336 




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