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    Problem Memo #6: Wetlands & Habitat Protection
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      Directions:
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	 Imagine you are an environmental consultant
      hired by Bob's Development company.  Bob is planning to build a large
      marina complex on a 25 acre site that includes 400 slips (including
      approximately 50 slips for nightly/weekly rental), a full service
      maintenance and repair facility, a gas dock, 100 condominiums, a small
      convenience store, a restaurant and bar,  a pool and hot tub, an
      outdoor picnic/recreation area, and a shower/changing room for marina
      patrons.   His proposal will include public access to part of
      the facility, including a public viewing area.  Many areas of the
      project are also open to the public (e.g., store, restaurant and bar). Building
      this project will involve the following activities:  | 
   
  
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		 The dredging of a tidal lagoon for the marina
          facility and the clearing of wetland areas to construct shoreside
          marina facilities and the restaurant.  Some of the wetland areas
          are located below the MHTL and others are located above the MHTL.  |  
	 
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		 Installing bulkheads and backfilling.  Building
          docks and piers to construct boat slips.  Building a small pier
          extending into the Intercoastal Waterway for fishing and public
          viewing.  |  
	 
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		 Filling a 3 acre swamp consisting of some open water,
          cypress trees, and water vegetation in order to provide land for
          upland support facilities (e.g., marina maintenance, boat yard,
          parking) and part of the condominium complex.    |  
	 
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		 Filling a small half acre pond containing some open
          water.  There is no hydrological connection to tidal
          waters.  It was created artificially ten years ago as the result
          of the removal of fill for a road being constructed adjacent to the
          property.    |  
	 
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	 You have been asked to provide your expert 
	opinion on whether each of these
      activities will require permits under Section 9 or 10 of the Rivers and
      Harbors Act of 1899 or Section 404 of the CWA.  In some instances,
      the determination is relatively clear while in others you can make
      arguments for or against its being subject to either act (Hint: Key issues
      in this problem are the jurisdiction under each act and the definition of
      navigable waters).  You have also been asked to determine whether the
      COE guidelines on "no practicable alternatives" and water
      dependency" may influence your permit applications.  You should provide your analysis in memo form
      to Bob the developer.  You may wish to use an attachment to elaborate on the
      specific reasons why each activity is/is not covered.    | 
   
  
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      Web Resources
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      Written Format
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	 This assignment should take the form of memo. 
      It is limited to 3 single-spaced, 12 point font pages, with 1 inch margins
      and must be in a standard memo format (most word processing software has
      templates).  The reason that a memo format is required is that it is
      the standard means of communication in the world of business and
      government.  Thus, this assignment will help develop your ability to
      analyze policy questions and to think, act, and communicate more
      effectively about environmental issues and problems.    | 
   
  
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      Grading
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	 Your memos will be evaluated based on your analysis of the
      problem,
        the organization of your ideas, your ability to properly apply the
        theories, concepts, and legal precedents discussed in class and the quality of your writing
        (e.g., spelling, grammar, punctuation, etc.).  Your goal is to
        write as clearly, concisely, and directly as possible.  Elegance of
        style, while desirable, is a secondary consideration.  Short
        declarative sentences often convey ideas equally well; convoluted grammar confuses
        things and often leads to misunderstandings.  Remember that you are
        trying to convey your ideas to people who have infinite demands on their
        time.  A simple, direct style economizes on time.    | 
   
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