New York Wetlands Law and Compliance
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Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Wednesday, September 7, 2022
8:30 am – 3:20 pm EDT (including a 30-min. break)
Agenda
Identifying Wetlands G. Fleischer
Presence of wetland vegetation
Identification of wetland soils
Importance of underlying wetland hydrology
Understanding Federal A. Scarborough
and New York Wetland Laws and Enforcement
The Federal Clean Water Act
National Food Security Act of 1985
Federal coastal protections laws and regulations
Freshwater Wetlands Act and regulations
Implementing/enforcing agencies
• U.S. Army Corps of Engineers
• U.S. Environmental Protection Agency
• U.S. Department of Agriculture,
U.S. Fish and Wildlife Service
• New York State Department of Environmental Conservation
Wetlands Permitting Process D. Cuneo
Wetlands determinations and delineations
Determining applicability of regulations
Wetland permitting and certification processes
• Notice provisions
• Review process
• Mitigation/compensation requirements
Appeals process
Wetland Preservation, Restoration, M. Bontje
Creation and Enhancement
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
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
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Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
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Internet Explorer v11 (or later) with Flash enabled
Internet connection: Minimum of 1Mbps Hardware: 2GB RAM or more
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Credits
Professional Engineers:
6.0 PDHs
Architects:
6.0 HSW CE Hours
6.0 AIA LU|HSW
Landscape Architects:
6.0 HSW CE Hours
6.0 LA CES HSW PDHs
Floodplain Managers:
6.0 ASFPM CECs
Certified Planners:
CM | 6
Continued Education Credit Information
This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers, 6.0 HSW continuing education hours for licensed architects, and 6.0 HSW continuing education hours for landscape architects in New York.
HalfMoon Education is deemed an approved continuing education sponsor for New York engineers and architects via its registration with the American Institute of Architects Continuing Education System and the Landscape Architecture Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)). Professionals seeking continuing education credits in other states may be able to claim the hours earned at this webinar, in most cases. Please refer to specific state rules to determine eligibility.
The American Institute of Architects Continuing Education System has approved this course for 6.0 LU|HSWs (Sponsor No. J885). Only full participation is reportable to the AIA/CES.
The Landscape Architecture Continuing Education System has approved this course for 6.0 HSW PDHs. Only full participation is reportable to the LA CES.
This webinar has been approved by the Association of State Floodplain Managers for 6.0 CECs for floodplain managers.
HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6 for Certified Planners.
Attendance will be monitored, and attendance certificates will be available after the course for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
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).
Greg Fleischer
Greg Fleischer, Capital Environmental Consultants, Inc.
Mr. 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.
Austin T. Scarborough
Associate at Harris Beach PLLCMr. Scarborough’s practice focuses on providing legal counsel to clients such as solar developers and commercial and industrial developers on environmental, regulatory, land use and zoning matters. He also represents clients in projects involving Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) remediation and litigation, brownfield redevelopment, wetlands laws and regulations compliance, protection of endangered species and critical habitats and the preservation of archaeological and historic resources. Mr. Scarborough has worked with solar developers to obtain approvals for multiple community solar projects in New York. During law school, he served as a student extern with the Office of Administrative Litigation at the Federal Energy Regulatory Commission, where he worked on various renewable and non-renewable projects. Mr. Scarborough was also a member of the Institute for Energy and the Environment, the Energy Clinic, and the National Energy & Sustainability Moot Court Team.
Taylor J. Strum PWS
Taylor Sturm, PWS, with B. Laing Associates, Inc.
Mr. Sturm has been a practicing wetland scientist since he joined the firm in 2012 and has been a partner since 2019. He has delineated and/or assisted with delineating hundreds of acres of freshwater and tidal wetlands and has managed and conducted numerous surveys for endangered/threatened flora and fauna. In addition, Mr. Sturm conducts or assists with conducting environmental analyses such as air quality and sound level studies on a wide range of projects. He is a project manager in his own right but frequently provides technical assistance in terms of AutoCAD drawings and data collection. A graduate from Stony Brook University, Mr. Sturm obtained a B.S. in Ecology and Evolutionary Biology, and a B.A. in German Language and Literature. He currently holds the designation of Professional Wetland Scientist (PWS #3470). While not working he enjoys his time outdoors, often found birding and hiking throughout Long Island, as well as looking for owls and moths at night
AIA Info
AIA Provider Statement:
HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).
This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.
AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
Course Title: New York Wetlands Law and Compliance
Delivery Method: Live Online
Course Description: This 6.0 hour live online presentation covers wetland identification, the wetland permitting process, federal and state wetland laws, and wetland preservation, restoration, creation and enhancement.
Learning Objectives:
Learning Objective 1:
Learners will be able to identify wetlands by the presence of particular vegetation and identifying their soil.
Learning Objective 2:
Learners will be able to reference and comply with relevant provisions in the Federal Clean Water Act and the New York Freshwater Wetlands Act, and they will be able to identify the agencies that are charged with enforcing these acts.
Learning Objective 3:
Learners will be able to explain the importance of wetlands and will be able to describe strategies and techniques for preserving, restoring, creating, and enhancing wetlands.
Learning Objective 4:
Learners will be able to explain the wetlands permitting process, including when it is necessary, notice provisions, review process, mitigation and compensation requirements, and the appeal process.
LUs: 6.0 LU Type: LU|HSWs.
Prerequisites: Working knowledge of site evaluations
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 12/04/2023
Complaint Resolution Policy:
Complaints regarding this course can be emailed to fchapman@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.