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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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