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Wetlands Delineation and Jurisdictional Determination: Post Rapanos-Carabell

September 8-12, 2008
Raleigh and New Bern, NC

A professional water resources training course offered by

College of Natural Resources.

Course Description

The 10th anniversary edition of the NC State University wetlands delineation course has been extensively revised and updated to reflect the tremendous changes in methods of wetlands delineation and jurisdictional determination that have been introduced by the U.S. Army Corps of Engineers (Corps) during the last year. The course is designed to equip natural resources professionals with the knowledge and field skills needed to:

1. Understand and apply the science of wetland hydrology, hydric soils, and hydrophytic vegetation.
2. Apply current Corps methods to conduct wetland determinations and delineations.
3. Conduct significant nexus assessments and determine and document the location and extent of waters of the United States.
4. Understand and apply key elements of USEPA, Corps, and State of North Carolina wetland regulations.

The waters of the U.S. definition and the impacts of the SWANNC and Rapanos-Carabell Supreme Court decisions on federal jurisdictional determinations and NC wetlands rules will be discussed. In addition to the Corps' standard methods of wetlands determination and delineation described in the Corps of Engineers Wetlands Delineation Manual (1987 Manual), instruction in this course will cover the DRAFT Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Atlantic and Gulf Coastal Plain Region (Coastal Plain Supplement), scheduled for adoption in late 2008. The 1987 Manual will continue to apply, unchanged, to the Piedmont and Mountains of the Southeast until adoption of the Mid-Atlantic and Southeast regional supplement, scheduled for 2010.

This 4.5-day course provides 40 contact hours: 24 hours of classroom instruction and 16 hours of field instruction. Field trips in both the Piedmont and Coastal Plain regions of the state will visit all wetland types of the state and provide participants the opportunity to see examples of most common wetland plants and all hydrology and hydric soil indicators listed in the 1987 Manual and in the Coastal Plain Supplement that are applicable to the Southeast. The registration fee for the course is $895.00. Additional details are provided below.

Course Administration Information

Location

Classroom lectures on September 8 and 9 will be at the Hampton Inn I-40, 111 Hampton Woods Lane, Raleigh, North Carolina, 27607.

Field exercises on September 10 will be in the central Piedmont region of North Carolina in the vicinity of Raleigh. Van transporation to and from field sites is provided.

Classroom lectures on September 11 and 12 will be at the Hampton Inn New Bern, 200 Hotel Drive, New Bern, NC 28562.

Field exercises on September 11 will be in the lower Coastal Plain area of North Carolina in the vicinity of New Bern. Van transporation to and from field sites is provided.

Course Materials

Course reference materials provided to all participants include:

1. Course Reference Book: Notebook containing extensive handouts prepared by the instructors, supplemental reference materials, and USEPA, Corps, and State of NC wetlands regulations.

2. Bound copies of:

a. Corps of Engineers Wetlands Delineation Manual. 1987.
b. DRAFT Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Atlantic and Gulf Coastal Plain. June, 2007.
c. National List of Plant Species That Occur in Wetlands: Southeast (Region 2). 1988.
d. Field Indicators of Hydric Soils in the United States. Version 6.0, 2006.
e. U. S. Army Corps of Engineers Jurisdictional Determination Form Instructional Guidebook. May, 2007.

Registration and Fees

The registration deadline is August 18, 2008. The registration fee is $895 and includes course instruction and materials, all lunches, morning and afternoon refreshment breaks, field trip transportation and training certificate. Class size is limited, so early registration is encouraged.

There are two registration methods:
(1) Registration on-line at the FEOP Registration Store using Mastercard or Visa - CLICK HERE.
(2) Download the PDF version of the workshop registration form and return with payment by mail.

Cancellations received or before August 18, 2008 will receive a full refund. Later cancellations will receive a refund less a $75 service charge. Sorry, but it is not possible to obtain a refund after August 18, 2008. We suggest that you find a substitute participant in this situation.

Lodging

Lodging is not included in the registration fee and attendees must make their own lodging arrangements. A block of rooms is being held at each of the two hotels until August 18, 2008 under the group name "NSCU Wetlands." For September 7-9 call the Hampton Inn I-40 at 919-233-1798 to make reservations. For September 10 and 11 call the Hampton Inn New Bern. at 252-637-2111 to make reservations.

Field Exercise and Intrastate Transportation

Field trips in both the Piedmont and Coastal Plain regions of the state will visit all wetland types of the state and provide participants the opportunity to see examples of all hydrology and hydric soil indicators listed in the 1987 Manual and in the Coastal Plain Supplement. Field trip transportation and shuttle van service between Raleigh, NC and New Bern, NC are included in the registration fee. The shuttle vans will take participants from Raleigh to New Bern on Wednesday evening, September 10 and return to the Hampton Inn I-40 on Friday afternoon, September 12.

Training Certification and Continuing Education Credits

Participants who successfully complete the written examination offered at the end of the course will receive a certificate of training in wetland delineation and jurisdictional determination from the NCSU Department of Forestry and Environmental Resources. With 24 contact hours of classroom instruction and 16 hours of field instruction, this course more than meets the wetland delineation training course requirement (32 hours) of the State of Virginia Certified Professional Wetland Delineator program (http://www.dpor.virginia.gov/dporweb/ssc_main.cfm). This course is being reviewed for continuing education credits from the Society of American Foresters and the NC Board of Engineers and Surveyors.

Please take note that the U.S. Army Corps of Engineers Wetland Delineator Certification Program (WDCP) does not exist (www.usace.army.mil/cw/cecwo/reg/wetcert.htm). The proposed rule for the WDCP was published in the federal register on March 14, 1995. A small test of the WDCP was conducted and some individuals who participated in the test program were issued provisional certificates, subject to publication of the final rule. However, the WDCP was summarily terminated in early 1997. The final regulations were never published and there is no proposed date for publication of those regulations. Therefore, there is no effective date of certification.

Instructors

Dr. James D. Gregory, CPSS, PWS is Professor in the Department of Forestry & Environmental Resources at NC State University and Principal of Watershed Hydrology Consultants LLC. He has 33 years experience in teaching and research in watershed and wetlands hydrology and has conducted research on all wetlands types in North Carolina except salt marshes. Dr. Gregory has taught wetland delineation multiple times each year for 10 years, both in a NCSU graduate course and in the FEOP workshop. He is a recognized expert on Clean Water Act, Section 404 and the federal and state regulations related to Section 404. Dr. Gregory has served several consultancies as an expert witness on wetlands cases, and is a frequent invited speaker on Section 404 at workshops and conferences. A co-chairman of the NC Stream Technical Advisory Committee, Dr. Gregory has worked closely with the NC Division of Water Quality since 1998 in the development of the stream definitions, the riparian buffer rules, the methods for classifying and identifying stream origins in NC, and the stream identification training course. Dr. Gregory has conducted research on the structure and functions of headwaters streams and the hydrologic functions of riparian zones. Click here from more information on Jim Gregory.

Dr. Jon Stucky has been on the faculty of the North Carolina State University (NCSU) Department of Plant Biology (Dept. of Botany) for 34 years. He is a member of the NCSU Academy of Outstanding Teachers and has received the Outstanding Research Award from the Association of Southeastern Biologists. In addition to having taught NCSU field botany classes for over 30 years, Dr. Stucky has taught environmental professionals in wetland plant identification and wetland delineation workshops for 15 years. He has authored and co-authored plant identification resources valuable to wetland professionals including Common, Woody, Piedmont and Coastal Plain, Wetland Plants of the Carolinas; Winter Keys to Common, Wetland, Trees, Shrubs, and Woody Vines of the North Carolina Coastal Plain; Winter Twig Keys to Common, Native, Fully Deciduous Trees and Phanerophyte Shrubs of the North Carolina Eastern Piedmont. His primary research focus is native plant species conservation and he has published 30 scientific research articles on this and related topics in journals including BioScience, American Journal of Botany, American Midland Naturalist, and others. He is a member of several professional organizations including the Society of Wetland Scientists, Association of Southeastern Biologists, Southern Appalachian Botanical Society, North American College Teachers of Agriculture, and others. Click here from more information on Jon Stucky.

Topical / Daily Agenda

Monday, September 8: 8 am - 5 pm ( 8 hours of classroom instruction)

1. Scope and history of wetlands delineation in the United States.
   • Scope and history of jurisdictional wetlands and methods for wetlands delineation and jurisdictional determination, federal and state wetlands and stream definitions.
   • History of the extent of the waters of the US and the impacts of the SWANCC and Rapanos- Carabell Supreme Court decisions.
   • Overview of the Corps wetlands delineation program, proponent agencies for elements of wetlands delineation, overview of the 1987 Manual and the Draft Coastal Plain Supplement.
   • Wetlands classification systems:  National Wetlands Inventory system of classifying wetlands and deepwater habitats, the Corps Hydrogeomorphic wetlands classification system, and the wetlands classification of the NC Wetland Assessment Method.
2. The hydrology factor in wetlands delineation.
   • Wetland hydrology – the science:  hydrology of the soil profile, defining soil saturation and the water table, the water balance and hydroperiods of wetlands, and the hydrology of wetland types in North Carolina.
   • Wetland hydrology – application of the wetland hydrology factor in wetlands delineation: definitions, criteria and indicators in the 1987 Manual and the Coastal Plain Supplement.
   • Wetland hydrology – assessment:  overview of methods, the Corps Wetland Hydrology Technical Standard, review of Corps guidance documents on water table monitoring, review of methods for assessment of hydrology on problem sites in the Coastal Plain Supplement.
   • Growing season:  definitions and data for wetlands delineation in NC, 1987 Manual and Coastal Plain Supplement.
3. The soils factor in wetlands delineation.
   • Soil mapping units:  description and classification, use of soil surveys and maps for desktop site assessment, online soils data sources.
   • Hydric soils – the science:  definitions, hydric soils versus aquic conditions, the biochemistry of hydric soils and the development of hydric soil indicators, hydric soils lists and the hydric soils of North Carolina.
   • Hydric soils – application of the hydric soils factor in wetlands delineation:  the National Technical Committee on Hydric Soils and the Hydric Soils Technical Standard; definitions, criteria, and indicators in the 1987 Manual;  Field Indicators of Hydric Soils in the United States and adoption of those indicators in the Coastal Plain Supplement.

Tuesday, September 9: 8 am - 5 pm, 7-9 pm (10 hours of classroom instruction)

Hydric soils continued.

4. The vegetation factor in wetlands delineation.
• Hydrophytic vegetation – the science:  ecological principles of hydrophytic vegetation and wetland plant communities, principal wetland plant communities of North Carolina.
• Hydrophytic vegetation – application of the hydrophytic plant factor in wetlands delineation: definitions, criteria, and indicators, 1987 Manual and Coastal Plain Supplement.
5. Field methods for wetlands determination and delineation.
• Routine and comprehensive methods, 1987 Manual and Coastal Plain Supplement.
• Wetlands determination and delineation on agricultural lands – National Food Security Act Manual.
6. Jurisdictional determinations:  Jurisdictional wetland terminology and how it applies to wetland boundary determination in the field and waters of the U.S. assessments; definition and identification of traditionally navigable waters, relatively permanent waters, and significant nexus; the Jurisdictional Determination Form and the U.S. Army Corps of Engineers Jurisdictional Form Instructional Guidebook; documentation to support jurisdictional determinations of waters of the U.S.

Wednesday, September 10: 8 am - 5 pm (8 hours of field instruction)

7. Instruction and practice in applying wetland determination and delineation methods in Piedmont and Upper Coastal Plain wetlands – Wake and Johnston Counties.

Evening – travel to New Bern

Thursday, September 11: 8 am - 5 pm (8 hours of field instruction); 8-10 pm (2 hours of classroom instruction)

8. Instruction and practice in applying wetland determination and delineation methods in Lower Coastal Plain wetlands – Craven and Carteret Counties.

9. Evening – classroom instruction:  Questions and answers, exam review.

Friday, September 12: 8 am - noon (4 hours of classroom instruction)

10. Course Examination

11. Laws and regulations:  overview of Sections 401 and 404 of the Clean Water Act and the USEPA and Corps regulations and policy documents related to implementation of Sections 401 and 404;  North Carolina regulations related to: (1) water quality certification of 404 permits, (2) wetlands standards, and (3) isolated and non-jurisdictional wetlands.

12. Types of wetland permits, permit application procedures, overview of Nationwide Permits.

Suggested Equipment

Two equipment items will be used during the field exercises. Participants may bring their own equipment or share with others. For those who are new to wetland delineation here's some advice on purchasing these items:

(1) Soil Auger: the Dutch auger type with 4-5 ft long handle is recommended. Augers from several different manufacturers are marketed by many different web vendors. AMS (http://www.ams-samplers.com/Index.cfm) and Eijkelkamp (http://www.eijkelkamp.com/Home/tabid/54/Default.aspx) are the long-time traditional manufacturers. A Dutchman named Edelman invented the Dutch auger head design, hence its name.  The Eijkelkamp Edelman One-Piece auger is the lightest available.  The AMS Dutch auger is designed for removing the head from the handle and is heavier.

(2) Munsell soil color chart book - Developed by the Munsell Company and the U.S.D.A. Soil Conservation Service.  The Munsell soil color charts are the field and laboratory standard for classifying the color of soil, rocks, and archaeological specimens and are an essential tool for wetlands delineation. Prices range from $100 - $150 from a number of online vendors.

Note: Mention of brand or company names is provided for information only and does constitute endorsement by NC State University or Watershed Hydrology Consultants LLC.