A Delaware First - The Nanticoke and Indian River Mitigation Bank

The 350-acre James Adkins Tract, previously a Loblolly Pine forest plantation in Sussex County, was purchased by Ecosystem Investment Partners (EIP) in an attempt to establish Delaware's first private wetland mitigation bank, and in 2010 LandmarkJCM conducted a wetland delineation to establish limits of the U.S. Army Corps of Engineers' jurisdiction.

Now in the final approval stage by the Corps of Engineers, you can contact EIP to discuss Nanticoke & Indian River Mitigation Bank credits available for reservation now and available for transfer in early 2012. The Bank will serve the wetland mitigation needs of Sussex County, Delaware in the Nanticoke and Indian River drainage basins. Mitigation credits generated by the Bank can be used for compensatory wetland mitigation under Section 404 of the Clean Water Act. Take a look at the Mitigation Bank Map or visit EIP at http://www.nanticokebank.com/.

LandmarkJCM is pleased to assist EIP with the transformation of this former paper plantation into a diverse wetland intended for future banking needs.

EPA Enforcement and CWA Reauthorization

A recent article that confirms that the Obama Administration believes that construction sites are major polluters and that EPA enforcement activities will be stepped up.

http://newsletters.agc.org/excavationmatters/2009/11/04/epa-administrator-testifies-before-congress-on-new-clean-water-act-enforcement-action-plan

An Interesting Rapanos Opinion

I came across this Op-Ed today and found it interesting:

http://rapanos.typepad.com/my_weblog/2009/01/op-ed-on-the-rapanos-settlement.html

For more information contact JCM Environmental at http://www.jcmenv.com/ or 302- 737-9335

Corps and EPA Fighting?

There have been recent reports and released documents that indicate that the U.S. Army Corps of Engineers and the U.S. EPA are fighting over the definition of jurisdictional waters.

You can find the article here:
http://oversight.house.gov/story.asp?ID=2292

The House oversight committee has released documents here:
http://oversight.house.gov/documents/20081216113901.pdf

This all points to the possible introduction of new legislation under the new administration to reauthorize or clarify the Clean Water Act.

The Supreme Court has spoken in the SWANCC decision and the Rapanos decision and so it will be interesting to see that spin that Congress puts on this issue if they get involved. It is definitely time for the Congress to act and hopefully they will follow the lead of the Supreme Court decisions.

We will keep you up to date here.