[Green] Williamstown Wetlands

[jamesgrecni at gmail.com]

Thank you for this update, Dawn.

-----Original Message-----
From: Green <green-bounces at fuusm.org> On Behalf Of Dawn Hewitt via Green
Sent: Tuesday, November 17, 2020 10:48 PM
To: Little Kanawha <littlekanawharcd at hotmail.com>; Michael Schramm <michael_schramm at fws.gov>; Barbara Stewart <barbhoney at gmail.com>; Brent Bailey <Brent at wvlandtrust.org>; Marcy Wesel <wesel62 at sbcglobal.net>; D J Allen <dj.allen at lkrcd.com>; D J Allen <dnrallen at zoominternet.net>; EDIE LINDLEY <bontree at hotmail.com>; Green Sanctuary List for Environment Issues <green at fuusm.org>; Julie Zickefoose <juliezickefoose at gmail.com>; Steve <steve.mccarthy at realliving.com>; Pam Cannon <pam.cannon at suddenlink.net>; Shila Wilson <janet.shila.wilson at att.net>; Sheila Jackson <sheilajackson5 at gmail.com>; Pat Calebaugh <kbcalebaugh at hotmail.com>; Kittie Clark <kittier2 at gmail.com>
Cc: Dawn Hewitt <hewitt at earth-maker.com>
Subject: Re: [Green] Williamstown Wetlands

Friends,

Since the Williamstown City Council meeting was kind of a but this evening, I spent some time trying to track down the implications of the 2020 version of the Clean Water Act. Until a few years ago, it was clear that wetlands such as Williamstown’s fell under the Clean Water Act (Section 404). Today, with a revision to the act that took effect in September, I’m not so sure. 

Apparently, in order to fill the wetlands, Ms. Bender will still need to apply for a permit from the Army Corps of Engineers. There may be a public comment period, but my experience with the Army Corps is notices of such are not always published in the LOCAL newspaper. 

Even when the Clean Water Act had real teeth, the issue of whether wetlands were included in it was contentious, and even made it to the U.S. Supreme Court. But now, I gather that the Army Corps issues permits for filling wetlands more easily than it once did, and has turned over much of the regulation and oversight to the states (Section 401). 

What our side of the issue has in its favor is that Ms. Bender is not planning to fill the wetlands for purposes of agriculture or some sort of natural area restoration. Filling a wetlands (with year-round standing water, closer than 4,000 feet to a navigable river) to pave it and build a casino might well require a permit and possibly mitigation ($$$$). I think we would be wise to express our appreciation of the wetlands to the Army Corps of Engineers and to the WV Department of Environmental Protection, noting the services it provides not only to wildlife, but to water purification, channeling stormwater, green space… well, you know. 

I hope others will delve into the revised federal Clean Water Act as well as West Virginia laws and regulations governing wetlands. Also, we should encourage and facilitate Williamstown City Council, Planning Commission, and Board of Zoning Appeals to be aware of state and federal laws protecting wetlands.

And if you haven’t been to the “You Might Be From Williamstown, WV, if….” Facebook group, I encourage you to do so. There are an awful lot of people responding to Fred Canon’s post saying “It’s Chris Bender’s land. She can do with it what she wants. This is America! This is capitalism!” or else “That swamp just breeds mosquitoes! Fill it!” It’s really discouraging. 

I wonder if wetlands provide any benefits to bees?

—dawn
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