Archived Articles

In March the N.C. Supreme Court let stand an appeals court decision confirming the authority of the N.C. Environmental Management Commission (EMC) to issue rules to protect wetlands.

The Court of Appeals decision can be read at http://www/public/coa/opinions/2002/020099-1.htm

Water Resources Research Institute News, Number 342, July/August 2003, pg. 12.

Restoration of riparian forests is often part of efforts to improve degraded stream ecosystems. However, in urban watersheds the ecological benefits of riparian forest may be diminished and there may be a danger of wasting effort or unsuitable restoration techniques. The investigators on this EPA STAR project started with the hypothesis that when upland or contributing watershed disturbances reaches a certain level, riparian forest has a limited influence on stream ecosystems.

While the research revealed no clear general trend to either support or reject the research hypothesis, the project resulted in many important findings. A few of them are:

1. Riparian vegetation exerts a strong influence on channel morphology regardless of the level of urbanization in the watershed.

2. There was no clear trend between nutrient concentrations and the amount of impervious cover in watersheds.

3. The amount of algal biomass in nonforested reaches was significantly greater than in forested reaches.

4. All macroinvertebrate metrics were significantly correlated with the amount of watershed impervious cover, but most macroinvertebrate metrics showed no significance difference in the response to impervious cover for forested and nonforested reaches.

5. There was a strong urban gradient in fish communities, with major effects being seen at low levels of urbanization.

6. Data on bank erosion rates, combined with estimates of bed material transport rates, suggest that rates of floodplain storage and reworking are significantly higher in nonforested reaches than in forested reaches. Bed material composed of sand and gravel tends to be stored in point bars in grassy reaches.

Hession, W.C., D.D. Hart, R.J. Horwitz, D.A. Kreeger, D.J. Velinsky, J.E. Pizzuto, D.F. Charles, and J.D. Newbold. Riparian Reforestation in an Urbanizing Watershed: Effects of Upland Conditions on Instream Ecological Benefits. Final project report published on the EPA National Center for Environmental Research website: http://es.epa.gov/ncer/.

Conservation scientists share views on threats and possibilities for North Carolina's natural systems 100 years in the future. The North Carolina Office of Environmental Defense has published a report in which a panel of distinguished experts in ecology review the many threats to North Carolina's natural systems and offer their view that only aggressive conservation can protect future generations from "the tyranny of ecological crises."

Nine of the state's leading conservation scientists share their vision of North Carolina after 100 years of unmanaged growth and lack of attention to nature's needs and, in contrast, a vision of a "future North Carolina environment in which the most comprehensive, biologically rich, integrated, and functional native ecosystems were conserved and restored at appropriate scales while ensuring a high quality of life for a growing human population.

Water Resources Research Institute News, Number 342, July/August 2003, pg. 12.

Sharp Creek Restoration EcoLogic completed the Sharp Creek Stream Restoration Project in July of 2002. Blue Ridge Resource Conservation and Development, Inc. (BRRC&D) received a Clean Water Management Trust Fund (CWMTF) grant to restore several creeks in Watauga River Basin including the degrading section of Sharp Creek. EcoLogic restored the 1040 linear feet of stream that had problems such as areas with exposed, failing banks, beaver damage, and planform and cross sectional geometry instabilities.

The design goals accomplished were as follows:

1. Improve water quality by reducing the sediment load generated by eroding banks and restoring a riparian buffer;

2. Re-establish channel dimension, pattern, and profile to Sharp Creek;

3. Restore a functioning floodplain;

4. Enhance aquatic and terrestrial habitat in the stream corridor; and

5. Stabilize banks to reduce further loss of productive agricultural land.

The design procedure consisted of guidelines stated by Dave Rosgen's, River Restoration and Natural Channel Design Course Handbook, 1998, Pagosa Springs, CO. Using this method, new dimension, pattern, and profile were designed, then shear stress and sediment transport were calculated to ensure that the proposed design would effectively transport sediment without causing accelerated erosion or excessive deposition. The steps that lead to the design were as follows;

1. Conduct a watershed characterization for the project reach;

2. Survey a gauge in the same hydrophysiographic region to verify field indicators associated with bankfull discharge;

3. Survey a reference reach in the same hydrophysiographic region;

4. Perform level 2 classification and level 3 assessment of the project reach; and

5. Develop a design plan based on reference reach data, design goals, and existing site constraints.

---For more information about this project please contact Louise Slate at 336-855-8108 or louise@ecologic-nc.com

**For before and After photos click here**

The N.C. Environmental Management Commission (EMC) did not meet in June. At its regular meeting on July 9, 2003, the EMC took the following action (among others):

-Adopted two separate permanent rules to implement the federal NPDES Phase II Stormwater program. One rule applies the federal requirements to small "MS4's"--that is public entities that own or operate storm sewer systems. Another applies to "Regulated Public Entities" (read counties) that are not subject to the NPDES program because they do not own or operate storm sewer systems. Commissioner Charles Peterson noted that the commission developed the two rules to "achieve fairness"--that is, to keep from driving development out of municipalities into counties. He said that if the pair is separated the stormwater control program will not be successful. Commissioners spent some time discussing last-minute technical details and removed from the rules the terms "approximately" and "approximate" from language describing the location of streams on soil survey maps and USGS topographic maps. Commissioners Kevin Martin and Leo Green said land owners may interpret "approximately" in such a way that will lead them to unintended violations of stream buffer requirements. Significant changes to the rules from the draft version include extending the time for implementing post-construction controls and setting the definition of low density at 12% imperviousness for projects within one-half mile and draining to SA waters and 24% for all other projects. Copies of the rules can be downloaded from the N.C. Division of Water Quality Stormwater and General Permits website at http://h2o.enr.state.nc.us/su/NPDES_Phase_II_Stormwater_Program_Perm_Rules.htm

-Adopted permanent rules for protection of riparian buffers in the Catawba River Basin. The rules require maintaining and protecting existing vegetated riparian areas along the Catawba River below Lake James and along the mainstem lakes from, and including Lake James to Lake Wylie. For a copy of the rules, contact Lin Xu in the N.C. Division of Water Quality Nonpoint Source Management Program at (919) 733-5083 ext. 357 lin.xu@ncmail.net.

Water Resources Research Institute News, Number 342, July/August 2003, pg. 6-7.

At its regular meeting on July 9, 2003, the Water Quality Committee of the N.C. Environmental Management Commission took the following action (among others):

-Approved allowing the City of Greensboro to use maps that the city and its consultants developed to identify perennial waters for implementation of buffer requirements in its water supply watersheds. The maps are more accurate that USGS maps in depicting surface waters required to have vegetated buffers. The City of Greensboro was asked to clarify the process for dealing with landowner challenges to the identification on their property of water bodies requiring buffers.

Water Resources Research Institute News, Number 342, July/August 2003, pg. 7.

Erosion and Sedimentation Control Basic Planning and Design Workshops held October 15-16, 2003 at the Holiday Inn Select in Hickory, NC, and October 29-30, 2003 at the Sheraton Grand New Bern, NC.

Deadline: Registrations will be taken on a first-come, first-served basis, but no registrations will be taken after October 1, 2003 for the Hickory workshop, and October 15, 2003 for the New Bern workshop.

The draft agenda and a registration form are online at: http://www2.ncsu.edu/ncsu/CIL/WRRI/erosionseminars.html

Building with Trees The National Arbor Day Foundation will be holding a seminar on Building with Trees in Greensboro, NC on April 8, 2003. The seminar will include; how to identify a tree's critical root zone, learn the methods of tree preservation, learn how trees enhance the value of residential, commercial, industrial and retail properties. The Topic Outline includes; Planning Base, Pre-Construction Phase, Construction Phase, and Maintenance Phases. You can visit the National Arbor Day Foundation website at www.arborday.org or for registration information you can go to www.arborday.org/programs/buildingwithtrees/

Roadside Ditch A federal appeal scourt has ruled that a roadside drainage ditch, as well as wet areas located nearby, are subject to the federal Clean Water Act (CWA) protections (United States v. Deaton, 9th Cir. No. 02-1442, 6/12/03). Developers promptly criticized the court's ruling, saying it allows the federal government to overstep its regulatory authority by requiring land owners (and oftentimes contractors) to obtain discharge permits prior to conducting work in such waters. At issue is whether Congress intended to allow federal regulation of wetland and man-made ditches located far from waterways large enough to sustain navigation. The CWA defines "navigable waters" only as "waters of the UNited States," leaving it up to the Corps and EPA to provide further guidance. The Deaton case centers around a 12-acre parcel of nontidal wetlands that drains into a roadside ditch. The ditch makes a 32-mile path--passing through several culverts and other non-navigable watercourses--into the Chesapeake Bay (a vast body of navigable water). In order to develop the property, the owners had to drain some wetlands, which they did by digging a trench leading into the roadside ditch. Consequently, the Corps fined the owners for discharging dredged material (i.e., sidecasting or piling excavated soil on either side of the trench) into the waters of the Untied States without a Section 404 dredge and fill permit.

The Fourth Circuit Court of Appeals held that the Corps had jurisdiction over the wetlands because they are adjacent to a roadside ditch, which is a tributary to waters of the United States. Other decisions (in district courts and one circuit court) conflict with the Fourth Circuit ruling. Contractors should note that the Section 404 permitting decisions will be based on applicable case law in each district. News and Views, Associated General Contracotrs of America, Vol. 7, issue 12, July 18, 2003.

Editor's Note: EcoLogic provides advice and permitting assistance to developers and contractors regarding proposed impacts to waters of the US. We also provide identification, classification, and delineation of waters of the US including wetlands. Waters of the US frequently include drainage ditches and seasonal wet areas in uplands and headwaters not normally associated with 'navigable waters.'

Trees Saving Money American Forests conducted an Urban Ecosystem Analysis (UEA) including 788,000 acres of San Antonio. The analysis measured the changes in tree cover and showed impacts tree cover has on stormwater management, air quality, and energy conservation. The study concluded that the Greater Area of San Antonio is saving more than $70 million annually from the new tree cover. For more information on how tree cover affects urban environments click here http://www.americanforests.org/news/display.php?id=91

Best Management Practice A course for Best Management Practices for Mountain Stream Water Quality: Erosion Control, Stormwater, and Stream Restoration will be held on April 16, 2003 at the Holiday Inn of Banner Elk, NC. Registration is $25 per person. Some of the stream included on the field tour include Shawneehaw Creek Stabilization and Habitat Enhancement, Banner Elk and Kentucky Creek Stabilization and Habitat Enhancement, Newland. On April 17, 2003 there will be an optional field trip tour of the Watauga River Watershed including Dutch and Clark Creeks; Valle Crucis; Created Wetland; Worley Creek; Cove Creek and EcoLogic's own Sharp Creek Restoration. The purpose of this workshop is to provide practical hands on instruction regarding:

�Stream Restoration using natural channel design techniques

�New Sediment and Erosion Control Technologies

�Innovative Stormwater Management / BMP�s

�Water Quality / Watershed Education

Conference Review A pre-conference workshop on Stream and Wetland Functional Assessment was held in Wilmington, NC on Monday, October 7, 2002. Functional assessment has been proposed as a mitigation tool to replace impacted area and length measures that are currently being used to define mitigation requirements. For example, if a stream function significant for fish breeding is destroyed, then a fish breeding function should be restored in the watershed. Dave Penrose chairs an interagency committee meeting to draft some guidelines on functional assessment and their use in determining mitigation requirements.

Angela Moreland of North Carolina State University Stream Restoration Institute (NCSU SRI) introduced the topic by discussing the differences between wetland functions, which are objectively measurable, and wetland values, which are subjective. It is important to tie wetland values to wetland functions. This is particularly important when it comes to legislation, since people will only protect what they value. Therefore, significant public education must be conducted to integrate values and functions in the public mind.

Richard Rheinhart of the East Carolina University Biology Department gave a presentation on hydrogeomorphic (HGM) modeling. He and his team have written several handbooks for the USACE on wetland HGM mitigation. His system relies on a detailed analysis of reference wetlands, which are then compared to impacted wetlands. Analysis tools are derived from classical ecology such as size of trees, canopy cover, species distribution, number of snags, number of falls, size and amount of wood on the surface, etc. as well as physical and chemical data on water and soils. In this method the reference condition is normalized to 1 and the impacted condition is characterized as something less than one. This comparison is done for each analytical category. From this a plan can be developed to bring the ratings at the impacted site up to 1 for all functions. This method serves three functions: 1) it assesses site conditions, 2) it provides an accounting system for functions, and 3) it provides guidance for mitigation. While this approach seems like a good idea, implementation of this time and labor intensive process will provide some challenges to designers working on projects with tight budgets and schedules.

James Halley of NCSU SRI presented his graduate research focusing on using remote photo and GIS data to assess riparian buffer conditions. While this photographic information can be a valuable tool, it can be impractical if the level of resolution in the remote data layers is low. High-resolution data layers are not generally available but could be generated for watersheds and buffers of importance. Lots of colorful maps and correlation statistics can also be generated in GIS to illustrate relationships between soils, slopes, and land use or land cover. This information could then be used to improve the efficiency of fieldwork and prioritization of protection and restoration efforts.

Dave Penrose of the North Carolina Division of Water Quality rounded out the day with a brief discussion of benthic macroinvertebrates and how they fit into the functional assessment of water systems. He discussed the importance of knowing the distribution of feeding guilds (shredders, collectors, scrapers, filter feeders and predators) and what this might tell you about the microhabitats in the restoration. One example is the importance of flooded root masses along the creek edge and how this greatly promoted benthos diversity. Based on this discussion, it would be beneficial to plant a row of live stakes right along the toe of the bank at the low water line to promote roots in the creek. He also talked about some specific species that indicate stability of the bed features and how knowing the benthos provides insight into the effectiveness of a particular restoration and the watershed as a whole.

---For more information about this conference please contact Ken Bridle at 336-855-8108 or ken@ecologic-nc.com

A Symposium on the Protection and Restoration of Urban and Rural Streams will be held on June 23-26, 2003 at the World Water and Environmental Resources Congress in Philadelphia, PA.

The modernization of society and the growth of urban centers have led to a subsequent decline in the quality of numerous watersheds and riverine ecosystems. In recent years there have been significant efforts to restore river systems to a more natural state thereby reversing the negative effects of development. Communities and watershed managers are faced with the need for scientifically, ecologically and economically sound approaches to mitigate the impacts of urbanization in our cities� watersheds. This Symposium proposes to promote awareness of the interdisciplinary scientific and ecological approaches for the planning and design of stream restoration projects with a special emphasis on the urban environment.

The targeted audience will include Engineers, Geomorphologists, Geologists, Ecologists, Biologists, Watershed Managers, Regulators and Researchers interested in improving the state of the practice in stream restoration. EcoLogic's Louise Slate is the Secretary of the Urban Stream Restoration Task Subcommittee of the River Restoration Committee in the Hydraulics and Waterways Council of EWRI and a member of the four person Planning and Steering Committee for the Symposium.

---For more information about the symposium please contact Louise Slate at 336-855-8108 or louise@ecologic-nc.com or EWRI Conference webpage.

Stream Crossing Across the country, stream restoration activities are underway to rehabilitate stream corridors degraded by prior modifications, urbanization, land use changes, or natural flood events. Road crossings intersect many of these stream channels at one or more locations, frequently intercepting a portion or all of the flow in the floodplain and constricting the flow in the channel. The result is an interruption in the normal flow pattern and possibly increased erosion at the bridge or culvert, localized channel instability, and increased water surface elevations upstream. Thus, designing a stream restoration project that includes one or more road crossings requires some knowledge of the hydraulic issues involved in order to create a smooth transition from the normal channel through the bridge or culvert opening. In this paper, Dr. Peggy Johnson describes the problem at bridges and culverts along with options for protecting these structures and creating a smooth transition to the rest of the stream or river. Ecological Restoration, Vol. 20, No. 4, December 2002

EPA The Environmental Protection Agency (EPA) is offering an online course in watershed management. There are six different modules including; Introductory/Overview Modules, Watershed Ecology Modules, Watershed Change Modules, Analysis and Planning Modules, Management Practices Modules and Community/Social Context Modules. These modules show that watersheds are natural systems that provide substantial benefits to people and the environment when they are kept in good condition. They also describe both natural and human-induced changes in watersheds, and compare normal changes with changes of concern as well as address how watershed planning, monitoring and assessment are important first steps toward solving problems. They also focus on how watershed management challenges such as urban runoff, cropland management, forestry and other issues are addressed by techniques that reduce environmental impacts. Lastly, these modules cover social issues, communications, relevant laws and regulations that concentrate on the human element of watershed management.

NC DOT The NC department of Transportation and two environmental agencies have circulated a draft agreement for an "ecosystem enhancement program" that could be official within weeks. The program, which would be fully operational in 2005, aims to ensure that roads and bridges can be built while upholding the federal goal of "no net loss" of wetlands. But until 2005, the program would provide faster road approval in exchange for DOT spending $100 million to buy up to 100,000 acres to protect pristine acreage, as opposed to restoring wetlands. That land could then be credited as compensation for half of its lost wetlands and stream miles. Under the plan, DOT would spend $250 million to $300 million to improve the practice of restoring degraded streams and wetlands. In exchange, DOT would avoid delays in getting environmental permits for dozens of other projects that would damage or destroy an estimated 3,000 acres of wetlands and 100 miles of streams and rivers. The proposed program would essentially absorb the Wetlands Restoration Program, but William Ross, the secretary of the department of environmental and natural resources, said that the wetlands agency will first have to finish its existing projects, which promise to restore 607 acres of wetlands and 37 miles of stream by June 2003. DOT, the department of environment and natural resources and the Army Corps of Engineers' district office in Wilmington would have to sign off on the new idea for it to take effect. The emphasis on preservation has made some environmental advocates wary of endorsing the deal. Wetlands and natural streams have earned legal protection because they provide a home for wildlife, absorb floodwaters and filter out pollution from runoff. "Merely purchasing a wetland or purchasing some riparian area beside a stream does not replace those functions," said Derb Carter, a lawyer and wetlands expert with the Southern Environmental Law Center in Chapel Hill. David Franklin, the Corps' lead regulatory official working on the agreement, said that the interim period of this new program may lead to a temporary net loss of wetlands. Franklin said that the state would eventually end up with more wetlands and streams than before the highways were built. Winston-Salem Journal Sunday, May 26, 2002

(Bridle butterfly) EcoLogic's Ken Bridle will lead a discussion on butterfly and larval management in your garden. The discussion will also include wildlife habitat within your yard and urban landscape. The discussion will take place at the Greensboro Arboretum Education Center at 4 pm on Sunday Oct 20th.

---for more information about the class please contact Ken Bridle at 336-855-8108 or Ken@ecologic-nc.com

(Native Plants) As a part of the Master Gardener Volunteer Series EcoLogic's Ken Bridle will lead a discussion on plants native to the Triad area. The topic will include the importance and benefits of native plants to the garden. The program will be held at the Legacy Demonstration Garden at the Guilford Agricultural Center from 2-4 pm

---for more information about the class please contact Ken Bridle at 336-855-8108 or Ken@ecologic-nc.com

(Bridle continuing education class) EcoLogic's Ken Bridle will teach a continuing education class at Salem College on stream and wetland restoration. The class will include discussions in urban storm water and urban stream restoration techniques including including reducing erosion, improving bank stability, and habitat for aquatic life. The class will visit wetland sites and stream restoration sites in Forsyth County. The class will be held on October 26th from 9am-2pm.

---for more information about the class please contact Ken Bridle at 336-855-8108 or Ken@ecologic-nc.com