recreational and picnic area for a lakefront marina based on its classification of 

 wetlands as "State resource waters:" .. 



Wetlands serve a vital ecological function including food chain production, provision 

 of spawning, nursery and resting habitats for various aquatic species, natural 

 filtration of surface water runoff, ground water recharge, and erosion and flood 

 abatement The Oj\.C. Section 3745-1-05 (C) includes wetlands [in the] State 

 Resource Waters category and allows no further water quality denudation which 

 would interfere with or become injurious to the existing uses. The addition of fill 

 material to the wetland would cause severe adverse effects to the wetland. This fill 

 would eliminate valuable wetland habitat, thereby deffxuUng the existing use. 



The jmtification for this denial, according to Ohio program managers, was not 

 only that the project would interfere with existing uses, but in addition, the project was 

 not water dependent as called for in Ohio's internal guidelines. Ohio 401 certification 

 program personnel note that these review guidelines present the general approach to 

 certification, but with regard to projects that are determined to be of public necessity, 

 this approach may give way to other public interest concerns. For example, a highway 

 is not water dependent per se; if, however, safety and financial considerations point to a 

 certain route that necessitates filling wetlands, the agen^ may allow it. In that event, 

 however, mitigation by wetland creation and/or restoration would be sought by the 

 agency as a condition of certification. 



2. Highest Her of Protection: Wetlands as Ontstanding Resonrce 

 Waters 



One extremely promising approach taken by some of the States has been to 

 designate wetlands as outstanding resource waters (ORW), in which water quality must 

 be maintained and protected according to EPA's regulations on antidegradation (Le., no 

 degradation for any purposes is allowed, except for short term changes which have no 

 long term consequences).^ This approach provides wetlands with significant protection 

 if the States' antidegradation policies are at least as protective as that of EPA. EPA 

 designed this classification not onfy for the highest quality waters, but also for water 

 bodies which are '^portant, unique, or sensitive ecologicalfy, but whose water quality 

 as measured by the traditional parameters (dissolved oxygen, pH, etc) may not be 

 particularly high or whose character cannot be adequately descnbed by these 

 paramcters."3o This description is particularly apt for many wetland ^tems. 



The designation of wetlands as outstanding resource waters has occurred in 

 different ways in different States. Minnesota, for instance, has designated some of its 

 rare, calcareous fens as ORWs and intends to deny fills in these fens. 



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