New York Wetland Law and Compliance
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 4:30 pm
Identifying Wetlands G. Fleischer
Presence of wetland vegetation
Identification of wetland soils
Importance of underlying wetland hydrology
Understanding Federal Law and New York’s Wetland Laws D. McDougall
The Federal Clean Water Act
National Food Security Act of 1985
New York Freshwater Wetlands Act and regulations
New York Tidal Wetlands Act and regulations
Implementing/enforcing agencies
• U.S. Army Corps of Engineers
• U.S. Environmental Protection Agency
• U.S. Department of Agriculture
• New York State Department of Environmental Conservation
Wetlands Permitting Process M. Bontje, D. Cuneo
Wetlands determinations and delineations
Determining applicability of regulations
Wetland permitting processes
• Notice provisions
• Review process
• Mitigation/compensation requirements
Appeals process
Wetland Preservation, Restoration, Creation and Enhancement M. Bontje, D. Cuneo
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
Hurricane Sandy and the impact to New York’s coastlines
Credits
Attorneys
7.5 New York CLE Hours
Professional Engineers
6.5 Contact Hours/PDHs
Geologists
Non-Mandatory Cont. Ed.
Architects
6.5 HSW Contact Hours
6.5 AIA HSW Learning Units
Continuing Education Credit Information
This seminar is open to the public. HalfMoon Education is certified by the New York State CLE Board as an Accredited Provider of CLE programs*. This traditional format course offers 7.5 Area of Professional Practice CLE hours, which are appropriate for new and experienced attorneys.
HalfMoon Education is approved as a continuing education provider by the New York State Education Department/State Board for Engineering and Land Surveying (NYSED Sponsor No: 35). This event provides up to 6.5 contact hours/PDHs to New York professional engineers to whom the subject matter is professionally relevant. HalfMoon Education is also a New Jersey-approved continuing education provider for engineers (Approval No. 24GP00000700).
This course offers a continuing education opportunity to New York geologists. Continuing education is not mandatory in New York.
This course offers 6.5 HSW contact hours to New York architects. HalfMoon Education is deemed an approved continuing education provider for New York architects via its affiliation with the American Institute of Architects (Sponsor No. J885). The AIA has approved this course for 6.5 HSW Learning Units (Sponsor No. J885).
Attendance will be monitored, and attendance certificates will be available at the seminar for those who attend the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
*HalfMoon Education will provide financial hardship assistance to New York attorneys who wish to attend this event. Contact Doug Chapman at doug@halfmoonseminars.org for details.
Speakers
Michael Bontje
Michael Bontje B. Laing Associates
Mr. Bontje has been a practicing wetlands and mitigation scientist for more than 38 years. For NYCEDC, he has been involved in marine habitat assessment, and in permitting and mitigation for the New York Yankees Minor league baseball stadium in Staten Island and the Bush Terminal inter-pier solid waste fill in the Sunset Park section of Brooklyn. For other clients, Mr. Bontje has been involved in impact assessment, mitigation, restoration construction and permitting in New York City and throughout Long Island. Mr. Bontje is not only familiar with planning and permitting of freshwater and tidal systems, but has also been involved in their construction and monitoring. He has delineated or reviewed projects in both freshwater and tidal situations. Successfully completed mitigation sites range from a 0.25 acre tidal wetland site in Staten Island; an 8.0 acre freshwater site in Rockland County, New York; and a 3.2 acre freshwater site in Waterbury, Connecticut; to a 158 acre tidal wetland site in Bergen County, New Jersey. He is known for both creative and cost effective problem solving. Mr. Bontje is certified by the Army Corps of Engineers (ACOE) as a wetland delineator (#WDCP94MD031301333). He is also a certified professional in soil erosion and sediment control (CPESC #5347) and a certified professional in storm water quality (CPSWQ #0578).
Danna Cuneo
Danna Cuneo, Wetland Scientist, B. Laing Associates
Ms. Cuneo has been a practicing wetland scientist for fifteen years. She has attended numerous training courses and worked for B. Laing Associates, Inc. for this entire period. She has delineated well over 150 freshwater and tidal wetland projects. This includes having participated in the modeling, mitigation design, permitting, construction and monitoring of wetland mitigation systems. In addition, she has analyzed numerous air quality projects from a quantitative and qualitative view point. Ms. Cuneo is a Project Manger in her own right but can also provide the first level of back up to Mr. Bontje in fulfilling your proposed project. She is also a Certified Professional in Soil Erosion and Sediment Control (CPESC #8145). Ms. Cuneo’s resume can be released upon request.
Greg Fleischer, PWS
Capital Environmental Consultants, Inc., in Kingston, NYMr. Fleischer is the founder and principal of Capital Environmental Consultants, Inc. He is an environmental scientist and professional wetland scientist with more than 15 years of experience in the environmental consulting industry. Mr. Fleischer has conducted wetland and ecological investigations at properties throughout the five boroughs of New York City, Long Island, and the Lower and Mid-Hudson Valley. His areas of expertise include all aspects of federal, state, and local wetland analysis including freshwater and tidal delineation, specializing in comprehensive determinations for routine, atypical, and problem wetlands. Mr. Fleischer has extensive experience developing solutions and providing strategic advice for a wide range of clients and projects. He holds a BS degree in Biology from SUNY New Paltz and an MS degree in Environmental Science from Pace University.
Devin McDougall
Sive, Paget & Riesel, P.C.Sive, Paget & Riesel, P.C.
Mr. McDougall is an attorney with Sive, Paget and Riesel, a boutique environmental law firm in New York City. He has extensive experience advising clients on federal and state wetlands issues, both in New York City and upstate, and has lectured widely on these topics. He has worked on guiding clients through permitting and enforcement processes and also represented clients in litigation over federal and state wetlands permits and environmental impact review involving wetlands. He holds a J.D. degree from Columbia Law School and B.A. and M.A. degrees from McGill University.