Problem Memo #6: Wetlands & Habitat Protection

Directions:

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.  

  

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.  

  

Web Resources

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Section 6217 (g) management measures for marinas

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Section 6217 (g) management measures for wetlands and riparian areas (and fact sheet)

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Map of COE jurisdiction

  

Written Format

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.  

   

Grading

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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