Another technical resource update!

Field Indicators of Hydric Soils in the United States, version 9.0 is now available for download. Developed by NRCS soil scientists in cooperation with the U.S. Fish and Wildlife Service; the U.S. Army Corps of Engineers; the Environmental Protection Agency; various regional, state, and local agencies; universities; and the private sector. Included in this publication are the hydric soil indicators approved by the NRCS and the National Technical Committee for Hydric Soils (NTCHS) for use in identifying, delineating, and verifying hydric soils in the field. 

DOWNLOAD HERE FOR FREE

On January 8, 2025, The U.S. EPA and the U.S. Army Corps of Engineers (USACE) published the final National Ordinary High Water Mark (OHWM) Field Delineation Manual for Rivers and Streams. The National OHWM Manual is a non-mandatory resource that provides technical guidance for identifying aquatic resources that may be subject to regulatory jurisdiction under the Clean Water Act or Rivers and Harbors Act of 1899 (RHA). 

This manual presents a methodology for the identification and delineation of an OHWM. The manual describes regional differences, as well as addresses challenges in identifying an OHWM in a human-altered environment. Accompanied by a data sheet and field procedure, the manual is intended to guide users through a step-by-step process of identifying an OHWM to provide consistency, reliability, and defensibility in assessing surface water resources. Updates from the draft publication, which was first published in December 2022, include:

• An updated data sheet to improve clarity and efficiency,
• An added executive summary on the purpose of the manual,
• An Updated list of definitions,
• Added sections for indicators not discussed thoroughly in the draft manual,
• Reorganized sections to follow the data sheet more closely, and 
• Updated figures to reflect the changes in the manual and data sheet.

The final manual can be downloaded here and more information can be found on the USACE website .

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final “Revised Definition of ‘Waters of the United States’” rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of “waters of the United States” to the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court’s interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court’s decision. Read more about the conforming rule.

The conforming rule will become effective upon publication in the Federal Register. Where the January 2023 Rule is not enjoined, the agencies will implement the January 2023 Rule, as amended by the conforming rule. Please visit the Rule Status page for additional information about the status of the January 2023 Rule, as amended, and litigation. The information below is provided for informational purposes only. Visit the “Current Implementation” page for more information about current implementation of the definition of “waters of the United States.”

For more information: https://www.epa.gov/wotus/revising-definition-waters-united-states

The final rule to list the Magnificent Ramshorn as an endangered species with critical habitat (Docket No. FWS–R4–ES–2022–0070) is scheduled to publish in the Federal Register on Friday, August 18, 2023. The effective date is September 18, 2023.

 The Magnificent Ramshorn has a narrow documented historical range in southeastern North Carolina; it inhabited freshwater ponds in Brunswick and New Hanover Counties, and it is believed to be extirpated in the wild. The species currently survives in three captive breeding facilities, and the Service plans to work with partners to increase propagation that will support reintroduction of snails into the wild and support recovery.

The Draft Recovery Plan for the Neuse River Waterdog has been released and is open for public comment. To read the draft plan and for more information, click here.

The National Association of Environmental Professionals (NAEP) issues a bi-weekly newsletter (The National Desk) which is available to NAEP members and member chapters. The latest issue includes a story regarding the recent Supreme Court decision in Sackett v. EPA. To read more of this story, click here.

NEPA Caselaw Update Webinar

June 7, 2023 3PM (ET)

This webinar will mirror the NEPA Caselaw presentation provided during the recent NAEP 2023 Conference & Training Symposium, with updates as warranted. The panel is focused on a paper that reviews substantive National Environmental Policy Act (NEPA) cases issued by the United States Courts of Appeals in 2022. The implications of the decisions and their relevance to NEPA practitioners will be explained. This webinar will summarize the more detailed paper prepared for the 2023 conference session.

On December 30, 2022, the agencies announced the final "Revised Definition of 'Waters of the United States'" rule which will be effective 60 days after it is published in the Federal Register. The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available below.

Press release: https://www.epa.gov/wotus/revising-definition-waters-united-states

Pre-publication of the final notice: https://www.epa.gov/system/files/documents/2022-12/Pre-Publication%20Final%20Rule%20Notice.pdf

NCAEP is happy to announce that a donation was made to the Howell Woods Operational Fund of Johnston County Community College as a thank you for hosting the April 2022 NC Wetland Assessment Method Class. The donation will go toward providing students with high-quality educational opportunities to achieve their educational and career goals.

Due to an amazing response to the release of the Common Wetland Plants Guide, economy and premium versions of the guide are available on Amazon!

Links to these versions are available here: https://www.ncwetlands.org/plantguide/

The PDF version is free and can also be found at the link above.