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The Honorable Gerry Studds 

 October 6, 1993 

 page 2 



public comment and without any grandfather provisions. The NAS report, expected to 

 be complete in 1994, should be available for review and comment by the public and any 

 changes in federal wetlands policy should be extensively field tested to ensure a sound 

 and workable process. 



CORPS 



ABC believes all authority for wetland permits should be transferred to the Corps 

 of Engineers with no EPA veto authority. Since the beginning of the wetlands program, 

 it has been staffed and administered by the Corps. While the Administration plan names 

 the U.S. Department of Agriculture Soil Conservation Service (SCS) as the lead agency 

 for wetland determinations on agricultural lands, the Corps is instructed to function in a 

 leadership role with other federal agencies acting in an advisory role. ABC supports the 

 designation of the Corps as the authority on wetlands and believes that continued EPA 

 veto authority of Corps decisions is inconsistent with other goals in the Administration's 

 policy, such as streamlined permitting and expedited appeals procedures. 



PERMITTING 



Clearly, the layers of regulatory authority over wetland protection must be 

 streamlined. While some large contractors have the capability to manage the permit 

 process in house, most companies must hire expensive environmental consultants to 

 wade through the complicated permitting process. ABC believes that establishing a clear 

 permitting process with an outlined and enforceable timetable is critical for necessary 

 planning functions. We are encouraged by the Administration's plan which calls for 

 regulatory deadlines for permit application decisions. To further expedite the permit 

 process, ABC believes the use of general permits should be expanded. The 

 Administration plan does recognize the expanded use of general permits under section 

 404(e) and instructs the Corps to coordinate with EPA to develop additional general 

 permits authorizing minor activities with only minimal adverse environmental effects. 



Current wetlands law does not provide for administrative appeals. ABC is pleased 

 that the Administration plan does provide grounds for appeal. The plan requires the 

 Corps to develop an administrative appeals process-through public rulemaking--to allow 

 for appeal of regulatory jurisdiction, permit denials and administrative penalties. 



SEDIMENT PONDS 



Contractors have expressed concern that temporary sediment basins or detention 

 ponds used on construction sites to divert storm water run-off can over time develop 

 wetland characteristics. To avoid improper delineations, ABC has asked that these man- 

 made ponds (intended to temporarily divert storm water and prevent sediment from 

 leaving the construction site) be excluded from wetland delineations so that they can be 

 removed, as intended, when construction is completed. Under the Administration plan, 



