New proposed guidance has been drafted in an effort to make Clean Water Act (CWA) jurisdictional determination less murky. The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protective Agency (USEPA) recently published their "Draft Guidance on Identifying Water Protected by the Clean Water Act" in the Federal Register. The document clarifies how to determine which wetlands and "Waters of the United States" are protected under all CWA programs.

The proposed draft guidance is intended to improve the consistency, predictability and transparency of jurisdictional determinations and to be fully compliant with the CWA, applicable regulations and Supreme Court decisions. The agencies expect that the extent of wetlands and waters over which they exert jurisdiction will increase when compared to their existing jurisdictional authority that was defined in response to Supreme Court decisions rendered in 2003 and 2008. The result is  -- depending upon the extent of local stormwater regulations -- federal permitting requirements may be expanded going forward. 

The agencies are soliciting comments on the proposed draft from interested parties until July 1, 2011.  Please contact Tom Slowinski at (630) 729-6285 or tslowsinki@v3co.com for more insight on the proposed guidance.

It's that time of year to think about invasive weed control for your open spaces and natural areas. We welcome the greening of our environment, however, the first species to turn green are typically non-native species that have adapted to cooler climates and take advantage of early season sun. These species also can be extremely aggressive. By growing earlier in the season, they get a leg up on the desirable native species and can overrun your spaces. 

Spring weed control activities target species such as the highly invasive reed canary grass (Phalaris arundinacea), clovers (various) and garlic mustard (Alliaria petiolata). Reed canary grass has peak growth in mid-June and the clovers and garlic mustard typically flower and seed around mid-May. Controlling these species before they peak and seed is an important step to managing their impact on your natural area and will save you from more expensive eradication efforts down the road.

For answers to any questions you may have regarding your natural area maintenance, please contact Maggie Martin at (630) 729-6225 or mamartin@v3co.com.  

The Illinois Environmental Protection Agency (IEPA) administers a federal grant program called the Non Point Source Implementation Grants under the Clean Water Act Section 319(h). That mouthful is thankfully referred to as Section 319 Grants. These water quality improvement grant applications are due to the IEPA on August 1 of each year. Typical projects include implementation of a watershed management plan or total maximum daily load (TMDL) plan, best management practice (BMP) implementation, or education and outreach in a watershed and community. Grant funds often range from $50,000 to $1.2 million with a federal and local match requirement.

If you have a project that would reduce non point source pollution and improve water quality, now is the time to start planning for the application deadline. For assistance in creating a winning Section 319 Grant application, call Greg Wolterstorff, P.E., at (630) 729-6334 or gwolterstorff@v3co.com.