Ch. 8— Limitations of the 404 Program for Protecting Wetlands • 171 



wetlands as a source of forage and have increased 

 soil erosion, which gradually causes filling of the 

 wedand, decreasing its wildlife value. The increase 

 in machinery size simultaneously has provided the 

 horsepower to perform much of the drainage activ- 

 ity and increased the nuisance of farming around 

 potholes (2). 



Farm Ponds/Irrigation Ditches/ 

 Drainage Ditches 



The farm pond exemption is of potential con- 

 cern, given the freshwater wedand acreage that has 

 been converted to open water, as shown by NWTS. 

 OTA's New England case study (15) cites more de- 

 tailed analysis of wetland change in 15 Massachu- 

 setts towns and notes that impoundments are the 

 most important single cause of man-induced wet- 

 land change in inland areas (48 percent). Agricul- 

 ture-related pond construction on existing wetland 

 sites may be related to the transition of shallow to 

 deepwater wetlands. The New England study fur- 

 ther notes that although many of the impoundments 

 are farm ponds, others, probably increasingly, are 

 recreational ponds. This exemption is also of con- 

 cern in regions (e.g., Playa Lakes and Nebraska) 

 where the creation of irrigation reuse pits has re- 

 sulted in wetland conversions or a transition to 

 deeper water habitats. 



Construction of Farm, Forest, or Temporary 

 Mining Roads 



These activities are probably not a major cause 

 of wedand conversion, provided BMP's are actually 

 implemented. In the past, road construction was 

 a major factor responsible for wetland conversions 

 in some parts of the country, and today it continues 

 to encourage wetland conversions indirectly. For 

 instance, exempted logging roads built through 

 wooded coastal swamps near river channels have 

 provided access to areas that were then illegally 

 filled for housing. Road construction may result in 

 wetland drainage by roadside ditches. Also, road 

 construction in or near wetlands often increases 

 pressures for further urbanization and commercial 

 development. 



Federal Construction 



Federal construction projects specifically author- 

 ized by Congress and entirely planned, financed, 

 and constructed by a Federal agency are also ex- 

 empted from 404 permitting requirements. How- 

 ever, before such an exemption may apply, the Fed- 

 ered agency involved must prepare an adequate en- 

 vironmental impact statement (EIS) and make it 

 available for congressional review prior to author- 

 ization or appropriation of funds. That EIS must 

 consider the impact of the project in light of the 

 section 404(b) guidelines that embody the principal 

 404 permit standards (404(r)). The exemption for 

 Federal construction, which includes congression- 

 ally authorized Federal water projects, is not con- 

 sidered to be a significant threat to wedands because 

 the requirements of the National Environmental 

 Policy Act (NEPA) must still be met. 



Other Federal water projects that are not spe- 

 cifically authorized by Congress, such as the 

 Department of Agriculture's (USDA) small-scale 

 Soil Conservation Service (SCS) watershed proj- 

 ects, still require section 404 permits, compliance 

 with principles and standards of NEPA, and com- 

 pliance with agency policies on wetlands stemming 

 primarily from Executive Order 1 1990. In general, 

 these projects are considered to have less impact 

 on wedands now than they did in the past, owing to 

 all of these environmental protection policies. How- 

 ever, there are many projects, authorized prior to 

 the development of environmental protection pol- 

 icies but now under construction, that are a source 

 of frustration for resource-protection agencies. 



Flood control and drainage projects of the Corps 

 that are not specifically authorized by Congress do 

 not require 404 permits; however, the public inter- 

 est review is still required. These projects may result 

 in the conversion of some wetlands (e.g., fill of bot- 

 tom land hardwoods); however, the rates of con- 

 version are much less than they were prior to the 

 public interest review. 



Nationwide Permits 



Activities in some wetland areas are covered by 

 nationwide permits, thus eliminating the necessity 



