Clementi Environmental Consulting

Gopher Tortoise Recipient Sites Are Getting Full

Rosanne — Thu, 29 Jun 2017 20:21:11 +0000

The gopher tortoise is a threatened species in Florida. If there are tortoises on your property you will need a survey to determine the approximate number of tortoises. The Florida Fish and Wildlife Conservation Commission requires that all tortoises be relocated to an offsite location. It is best that the recipient site be an approved permitted site or the fees for relocation are much higher.

Development has definitely picked up in Florida! The increased activity seems to have caught some recipient site managers off guard. We are facing a shortage of recipient sites in central Florida.

There is no substitute for good planning. Clementi Environmental Consulting has been performing wildlife surveys for over 20 years. Let us help you with the survey, permitting and planning for the relocation of tortoises on your property. There is no substitute for good, thoughtful planning.

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Extending Corps of Engineers Permits

Rosanne — Tue, 17 Feb 2015 21:54:25 +0000

It has come to our attention that the Army Corps of Engineers (ACOE) is attempting to make modifications to permits when the permittee requests an extension to the expiration date.

Extending an ACOE permit could be costly in Florida. ACOE has required modification of mitigation plans as a condition of permit extensions. In order to extend a ACOE permit that includes on-site mitigation, the ACOE is pressing permittees to use mitigation banks rather than the previously approved mitigation plans.

As a result of this policy change, permittees seeking extensions may incur increased mitigation cost by purchasing mitigation bank credits. In addition, there are state and local permits for the project that will also need to be modified. There could be a positive outcome if you are able to increase the development area. We encourage any existing ACOE permit holders with expiration dates within the next 12 months to begin negotiations with ACOE as soon as possible. You might also consider completing the wetland impacts and mitigation prior to expiration of the permit. Procrastination is not your ally. Clementi Environmental Consulting (CEC) can assist you with analyzing your alternatives.

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EPA Proposes to Change Definition of Waters of the United States

Rosanne — Wed, 18 Jun 2014 21:00:01 +0000

The United States EPA has proposed significant changes to the definition of “waters of the United States” (WOUS) in the Clean Water Act. EPA will tell you that these changes will not expand their jurisdiction or add significant cost to doing business. You be the judge. Here are some of the major proposed changes.

Tributaries defined in this proposed change will include ditches that are adjacent to traditional navigable waters (TNW). Adjacent waters to TNW is now restricted to just wetlands; it now would include all waters. Currently there was no definition of tributary. Here is the new proposed definition: “tributary” based on presence of bed and bank and “ordinary high water mark.” A concrete lined canal would quality as a tributary. The proposed rule defines “significant nexus” as “neighboring,” “floodplain,” and “riparian area”. This definition of tributary adds areas not traditionally considered as WOUS: floodplain and riparian area.

There is no definition of floodplain. Is it the mean annual floodplain; is it the 10-year floodplain; the 25-year floodplain or the 100-year floodplain? Adding riparian area opens a gigantic can of ambiguity. Riparian areas are lands that occur along watercourses and water bodies. Typical examples include flood plains and streambanks. They are distinctly different from surrounding lands because of unique soil and vegetation characteristics that are strongly influenced by the presence of water. Because of their variation across the country, riparian areas function in different ways. In spite of their differences, all riparian areas possess some similar ecological characteristics such as energy flow, nutrient cycling, water cycling, hydrologic function, and plant and animal population. These functions give riparian areas unique values relative to the surrounding landscape. Below is a diagram of the location of riparian areas. This could be attributed to upland areas adjacent to tributaries.

The new proposed rule changes do not make the definition of what is going to be regulated clearer or less ambiguous than the existing rule. The Corps of Engineers staff cannot efficiently manage the permit applications they receive now. Can you imagine the regulatory nightmare that will be created by these proposed changes.

Let Clementi Environmental Consulting help you stay ahead of these proposed changes.

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Does Florida Have Four Seasons?

Rosanne — Tue, 31 Dec 2013 19:03:52 +0000

We certainly do have four seasons not just one long summer and a short spring! The visual cues of the seasons will depend upon where you are in the state. If you are on the gulf coast most of the trees and shrubs you will see are evergreen e.g. live oak, laurel oak, palm trees, mangroves etc. These plants/trees can tolerate the effects of sea spray. Deciduous trees (lose leaves in the fall/winter) are not common on the coast line but are found more inland and in north Florida. We have planted deciduous trees in urban areas near the coast such as the sycamore tree. We can see the color change in the fall from this type of tree. Just a short ride up I-75 and in the fall, which comes later in Florida than our northern states, you will see a lot of color change from cypress, red maple and sweetgum trees. Likewise in the spring you will see these trees begin to produce new leaves heralding the seasonal change. In addition there are a number of trees, grasses and shrubs that flower in the spring. The seasonal change is caused by two physical phenomena: length of the day and the change in temperature which are not mutually exclusive. However, different species display physical changes based on responses to one of these changes or both. Some trees begin to lose leaves based on the length of the day. Others require a frost before they begin to change. Some migratory birds begin to put on fat for migration due to the change in the length of the day. Notice how the change in daylight or temperature effects you. We too have physical and emotional changes with the seasons.

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Did You Know The Bays Change Color?

Rosanne — Tue, 31 Dec 2013 18:22:59 +0000

Did you know most aerials are flown and taken in the winter months after a cold front during a cloudless day? The color of the water in an estuary will changewith the season and depending upon how much rain has fallen in the drainage basin. I was at the boat basin on Davis Islands in Tampa Florida and a mother did notwant her toddler to get the water in his face. I heard her say the water was dirty. The color of the water was in fact reddish brown. The boat basin is not far from the location of the confluence of the water from the Hillsborough River. The water in most of the central Florida streams is brown due to tannin from leaf decomposition in the water. Here is an image (on the left) of this boat basin in which the water is dark from runoff of the Hillsborough River and in fact other rivers and creeks that flow into Hillsborough and Tampa Bays. Here on the right is an aerial of the basin in the winter in which the flow from the rivers and creeks is greatly reduced. Notice the color of the water is greenish blue. When I was younger the color of Hillsborough Bay was always dark due to poor waste water treatment. Today we have a state of the art waste water treatment plant for Tampa and the bay is greenish blue again! In the future when you travel over the bridges of estuaries, notice the color and note the time of year and the amount of recent rainfall. Enjoy this color change as it is normal and natural.

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Phase I ESA Getting a Facelift

Rosanne — Fri, 27 Dec 2013 18:03:24 +0000

The new Standard Practice for Environmental Site Assessments is ASTM E1527-13 which will qualify with the Environmental Protection Agency (EPA) as All Appropriate Inquiry. Phase I Environmental Site Assessments (PIESA) could be going through the most significant change in years. Let’s go over some definitions first. If your site is contaminated or a nearby site has the potential to contaminate your site then your site has a Recognized Environmental Condition or REC. The new definition of a REC is “the presence or likely presence of any hazardous substances or petroleum products in, on or at a property: (1) due to any release to the environment ; (2) under conditions indicative of a release to the environment; or (3) under conditions tat pose a material threat of future release to the environment”. A Historic Recognized Environmental Condition, HREC, is a site that had some type of contamination but it has been remediated and there are no restrictions on the use of the property. A Conditional Recognized Environmental Condition, CREC, is a site that has had remediation but there are ongoing conditions such as ground water monitoring, engineering controls implemented to contain the contamination, or deed restrictions on the property related to the contamination. Something that is considered diminimus is not considered a REC.

Here are some of the areas that have been clarified or modified. Although not expressly stated in the previous version of the ASTM standard (E1527-5), the potential for the migration of vapors was included in this standard. The definition of migrate/migration now specifically includes vapor as a form for contaminant transport of hazardous substance or petroleum products. Therefore if your property is near a dry cleaning business, the Environmental Professional (EP) should evaluate your site for the potential for vapor contamination.

Your site will be designated a REC in the current condition if it is a former CREC or is it located within the possible pollution plume of an adjacent contaminated site. Remember a PIESA does not include any sampling. In addition the EP could designate your site as a REC if the HREC is not old enough to meet standards today due to changes in the cleanup standards. Therefore, the EP must not only be aware of the current cleanup standards, but they must also be familiar with past cleanup standards for which to compare.

This new standard also states that government records “should be reviewed”. With the clarification of what is a REC, it is extremely important for the EP to review government records. The new standard requires the EP to justify why government records were not reviewed. If the site has the restriction that only industrial/commercial development is allowed due to past conditions then it is now a CREC.

It is always important to select a consultant who understands and applies the regulations properly, and has the experience and expertise to evaluate the site and properly identify a REC or CREC. The PIESA should not be a loss leader by consultants. Let Clementi Environmental Consulting help you protect your interests.

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