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new definition of "waters of the US"

3 posts
  1. Stuart Cohen
    Stuart Cohen avatar
    0 posts
    6/24/2014 12:06 PM
    Hi, all:

    I am an env'l scientist/consultant who specializes in turf. We have been following the US EPA's new proposed rule that clarifies the definition of "waters of the United States" in a manner that expands coverage of areas regulated by section 404 of the Clean Water Act. This is the same section of the CWA that regulates wetlands. Here is the summary I excerpted from an article we wrote for the ASGCA in April.

    "SUMMARY
    The US EPA is about to publish for comment a rule that clarifies the definition of "waters of the United States" under section 404 of the Clean Water Act (CWA). This new definition has the net result of clarifying the classification of tributaries and other areas to include types of land features and hydrologic connections that have not been regulated under section 404 since recent Supreme Court decisions. We predict that this will impact the golf course development and renovation/expansion processes by requiring additional hydrologic evaluations and more permitting by the US Army Corps of Engineers and involvement by the US EPA or state equivalents relative to what has been done for the last decade or so."
    Thus ephemeral streams may be included, as well as subsurface connections between two wetlands.

    We are curious to learn how this rule, if it is implemented, will affect YOU. Are you engaging in some activity now, e.g. wash pad or composting, that may require a section 404 permit in the future?
    Full Disclosure: We have nothing to disclose. We have not been hired to do this. We will share this info -- as we shared our April article -- with the GCSAA. It is also possible we might use this info to submit comments to the EPA on the proposal.
    Thanks for your time.

    stuart
    Stuart Z. Cohen, Ph.D., CGWP
    President
    Environmental & Turf Services, Inc.
    http://www.environmentalandturf.com



  2. Clay Putnam
    Clay Putnam avatar
    33 posts
    6/24/2014 1:06 PM
    Stuart Cohen said: Hi, all:

    I am an env'l scientist/consultant who specializes in turf. We have been following the US EPA's new proposed rule that clarifies the definition of "waters of the United States" in a manner that expands coverage of areas regulated by section 404 of the Clean Water Act. This is the same section of the CWA that regulates wetlands. Here is the summary I excerpted from an article we wrote for the ASGCA in April.

    "SUMMARY
    The US EPA is about to publish for comment a rule that clarifies the definition of "waters of the United States" under section 404 of the Clean Water Act (CWA). This new definition has the net result of clarifying the classification of tributaries and other areas to include types of land features and hydrologic connections that have not been regulated under section 404 since recent Supreme Court decisions. We predict that this will impact the golf course development and renovation/expansion processes by requiring additional hydrologic evaluations and more permitting by the US Army Corps of Engineers and involvement by the US EPA or state equivalents relative to what has been done for the last decade or so."
    Thus ephemeral streams may be included, as well as subsurface connections between two wetlands.

    We are curious to learn how this rule, if it is implemented, will affect YOU. Are you engaging in some activity now, e.g. wash pad or composting, that may require a section 404 permit in the future?
    Full Disclosure: We have nothing to disclose. We have not been hired to do this. We will share this info -- as we shared our April article -- with the GCSAA. It is also possible we might use this info to submit comments to the EPA on the proposal.
    Thanks for your time.

    stuart
    Stuart Z. Cohen, Ph.D., CGWP
    President
    Environmental & Turf Services, Inc.
    http://www.environmentalandturf.com


    The additional permitting, costs, and standard governmental red tape will most certainly have an Impact on golf. The DIY projects such as additional drainage in bunkers, low areas, etc may very well require permitting and oversight by the government. Imagine the requirements/liabilities of contractors performing golf course construction and renovation. IMO, the EPA/government overreach once again.



  3. Stuart Cohen
    Stuart Cohen avatar
    0 posts
    6/25/2014 12:06 PM
    Thanks, Clay. That is our fear.

    Do any of you have a wash pad or managed turf within 25 ft of a (currently not regulated) ephemeral stream channel?



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