Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 12:15 pm

Lunch (On your own):         12:15 – 1:15 pm

Afternoon Session:             1:15 – 4:00 pm

Waters of the United States 
William Gorton III

    Jurisdiction of the Clean Water Act
   Regulatory definitions
   Section 404 Permitting
   Court decisions
   Recent developments

Identifying Wetlands
Mitchel Strain

   Presence of wetland vegetation
   Identification of wetland soils
   Importance of underlying wetland hydrology

Wetlands Permitting Process 
LaJuana Wilcher

   When a section 404 is needed
   Types of permits
   The application process
   The review process
   Considerations in permit approval
   How to facilitate and expedite permit reviews and approvals

Wetland Preservation, Restoration,  
Creation and Enhancement 
Mark Dilley

   Understanding the importance of wetlands
   • Flood storage and conveyance
   • Pollution control and carbon storage
   • Erosion control
   • Wildlife habitat
   • Recreation
   Wetland preservation strategies and techniques
   Wetland restoration
   • Preference for onsite and in-kind restoration
   • Hydrological considerations
   • Restoration techniques
   Wetland creation
   • Methods, benefits and drawbacks
   Wetland enhancement
   • Purposes and techniques

Ethics Issues in Wetland Preservation & Development 
Mark Dilley

   Acting in the best interest of the public on wetlands issues
   • Finding alternatives to wetlands destruction
   • Including wetland preservation in development plans
   • Convincing clients to preserve and restore wetlands

Credits

Professional Engineers
     6.0 PDHs

Architects
     6.0 Contact Hours (HSW)
     6.0 AIA HSW Learning Units

Landscape Architects
     6.0 Contact Hours (HSW)
     6.0 LA/CES HSW PDHs

Floodplain Managers
     6.0 CECs

Attorneys
     6.0 Kentucky CLE Hours (1.0 Ethics)
     6.0 Indiana CLE Hours
     6.0 Ohio CLE Hours (1.0 Ethics)

Continuing Education Credit Information

This seminar is open to the public. The Kentucky Bar Association has approved this program for 6.0 CLE hours, including 1.0 ethics hour, for Kentucky attorneys. This course is also approved for 6.0 general CLE hours for Indiana attorneys and 6.0 CLE hours, including 1.0 ethics hour, for Ohio attorney.

This course offers 6.0 PDHs to professional engineers and 6.0 HSW contact/continuing education hours to architects and landscape architects in most states, including Kentucky. Educators and courses are not subject to preapproval in Kentucky.

This event is approved by the American Institute of Architects Continuing Education System for 6.0 HSW Learning Units (Sponsor No. J885) and the Landscape Architecture Continuing Education System for 6.0 HSW PDHs. Courses approved by the LA/CES are deemed approved for Kentucky landscape architects. Only full attendance can be reported to the AIA/CES and LA/CES.

The Association of Floodplain Managers has approved this course for 6.0 CECs.

This seminar offers a non-credit continuing education opportunity to construction contractors. It is not approved by any state licensing entity for contractor continuing education credit.

Attendance will be monitored and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Mark A. Dilley

MAD Scientist Associates, LLC, in Westerville, OH.

Mr. Dilley earned a B.S. in Natural Resources (Fisheries Management) in 1991 and a M.S. in Environmental Science (specializing in wetlands) in 2003, both from The Ohio State University. He and his wife Christine are co-owners of a WBE, WOSB, and EDGE-certified environmental consulting firm, MAD Scientist Associates, specializing in ecological and wetland consulting. Mr. Dilley has over 22 years’ experience as a field biologist, ecologist, and wetland scientist. He is an EPA-certified Level 3 Qualified Data Collector (QDC) for fish and habitat studies in Ohio, a Certified Senior Ecologist with the Ecological Society of America, and a Professional Wetland Scientist with the Society of Wetland Scientist. Mr. Dilley has conducted ecological surveys in over 11 states, at a variety of sites, including Department of Energy, NASA, and U.S. military facilities, landfills, and industrial sites.

William Gorton

Stites & Harbison’s Environmental, Natural Resources & Energy Service Group

Chair of Stites & Harbison’s Environmental, Natural Resources & Energy Service Group
Mr. Gorton is national counsel to numerous clients on natural resource, environmental regulatory and land and water resources matters. He has been counsel in the development of more than 10 power plants. He has been lead counsel to numerous surety companies regarding over $4 billion in financial guarantees on bankrupt and/or defaulting mining operations, hazardous waste facilities and solid waste disposal facilities throughout the United States. Mr. Gorton has been primary environmental counsel in the development of interstate pipeline associated with major natural gas resource development. He also counsels on large natural resource, energy, waste industry, business and corporate transactions. He also works on project development, assessing and addressing environmental regulatory issues and working to accomplish clients’ goals. Mr. Gorton is admitted to practice in Kentucky and Pennsylvania.

Mitchel R. Strain, CPSS, PWS

Smart Services, Inc., Newark, OH 

Mr. Strain has over 30 years of experience with all aspects of the National Environmental Policy Act (NEPA) compliance including preparation of environmental assessments (EA), environmental impact statements (EIS), categorical exclusions (CE) and other NEPA documentation, baseline biological assessments, and habitat evaluation procedure (HEP) analyses; threatened and endangered species surveys and critical habitat assessments; wetland and stream evaluations; cultural resource investigations; and vegetative community surveys. Mr. Strain’s particular expertise is in wetland science; including delineation, creation, and restoration of wetlands for mitigation and wildlife habitat; Clean Water Act (CWA) Section 404 and 401 permitting; and design of constructed wetland treatment systems.

LaJuana Wilcher

English Lucas Priest & Owsley, LLP

Partner at English Lucas Priest & Owsley, LLP
Ms. Wilcher has over 30 years of experience assisting clients on complex environmental permitting and enforcement issues. She served in several positions at the U.S. Environmental Protection Agency (EPA) in Washington, DC, including Assistant Administrator (AA) for Water (1989-1993). She is the only woman in EPA’s history to have been nominated by the President and confirmed by the U.S. Senate for that position. She was the senior manager for EPA’s water programs nationwide, and was intimately involved with and was the EPA signatory on several seminal Clean Water Act Section 404 decisions. Ms. Wilcher also was EPA’s representative on the White House Domestic Policy Council’s Inter-Agency Task Force on Wetlands (established in 1989 under the DPC Working Group on Environment, Energy, and Natural Resources). Ms. Wilcher has testified before Congress on multiple occasions concerning Section 404 interpretation and implementation, and she has spoken frequently about wetlands issues, both nationally and internationally. She has represented clients throughout the country concerning Section 404 permitting, interpretation and enforcement matters, while a partner at English, Lucas, Priest & Owsley, L.L.P. (2002-2003) and (2006-present), and the Washington, DC offices of Winston & Strawn (1993-1996) and LeBoeuf, Lamb, Greene & MacRae, L.L.P. (1996-2002). From 2003-2006 Ms. Wilcher served as Secretary of Kentucky’s Environmental and Public Protection Cabinet, and she initiated a statewide dialogue to discuss seeking state authority to issue permits under Section 404. She has taught environmental law and policy courses at Vanderbilt University Law School and Vermont Law School, and has been listed in The Best Lawyers in America since 2009.

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