POSTER: Changes on the Horizon for the Definition of Waters of the US: Implications for Wind Project Siting
20 Mar 18
5:00 PM
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6:00 PM
Tracks:
Poster Presentation
The EPA and Department of the Army have begun a 2-step rulemaking process that may ultimately re-define Waters of the U.S. (WUS). Step 1 began in July 2017, with a proposed rule rescinding the 2015 Clean Water Rule. Step 2 will consider redefining WUS to include relatively permanent waters and wetlands with a continuous surface connection to relatively permanent waters. The Step 2 rulemaking process is in the initial stages, with stakeholder outreach underway to gather input. The WUS rulemaking could affect wind project siting in various ways. For example, a narrower WUS definition may allow more flexible siting of access roads, which could save time and money. However, project developers should be aware that state stream and wetland laws will be unaffected by the WUS rulemaking. This poster will summarize how the WUS rulemaking could affect wind project siting, highlight potential pitfalls, and suggest ways to focus pre-construction wetland survey efforts for maximum project benefits.