Construction Watch Video: Permits of Massachusetts~ The RDA

September 28, 2009

 

What is a Request for Determination of Applicability?

The first video in the series Permits of Massachusetts provides a basic background on the Request for Determination of Applicability (RDA) application process and in what situations the RDA is the most appropriate course of action.

 

Construction Watch Video: What is a Wetland Delineation?

Posted September 24, 2009 by Stacy L. Carpenter

 

A general explaination of the field component of an Army Corp of Engineers wetland delineation.

Construction Watch Video: Knowing This Plant Saves Thousands In Costs.

 

Simply being able to identify this common wetland plant will prevent a lot of construction headaches.

 Cinnamon fern grows in or adjacent to wetland areas. If observed prior to or during construction, have the area examined as soon as possible. 

It could save the project 6 months of additional remediation process and >$40,00.00 in potential fines from State and Local authorities.

40 Under Forty Celebrates in Red Carpet Style!

September 18, 2009

On Wednesday night, Worcester Business Journal hosted the 40 Under Forty Awards.

The 40 Under Forty Awards ceremony was quite the event and the sponsors (Commerce Bank, Nichols College and Hanover Theatre) could not have been more gracious.

The night began as the Forty were directed a foyer in stunning Mechanic’s Hall and given time to take in the moment and network. The Forty were then shown to their seats and told to prepare for the ceremony. A larger than life screen displayed the picture and biography of each recipient to the audience of about 500. Upon being called, each recipient walked down the red carpet to the stage where s/he received both the award and an official Citation from the Commonwealth.  The night concluded with congratulations all around, wonderful food and many new relationships.

It was indeed a night to remember.

Worcester Business Journal: Caspian President is “Business Elite”

August 30, 2009

 Caspian’s   Stacy L. Carpenter is recognized by Worcester Business Journal as a member of the ”business elite“!

In exciting news, the Worcester Business Journal is inducting Caspian’s president, Stacy L. Carpenter,  as member of the “business elite“. Ms. Carpenter was selected as a 2009 winner of the journal’s highly competitive event  40 under Forty.   It is well known that the Worcester Business Journal is the trade journal for Boston Metrowest and Worcester county businesses engaged in real estate, financial and technology.

 All potential award recipients are independently (and are often secretly) nominated.  The nominations then receive intensive review by a panel of judges.  From the triple digit pool of nominations, 40 are chosen.

The 40 under Forty event was established in the year 2000 when the Worcester Business Journal set out to recognize up-and-coming business leaders.  This year marks the 10th anniversary of the program.

A red carpet awards ceremony is planned at Mechanic’s Hall on September  16th.

For those wishing to attend, tickets may be purchased through the Worcester Business Journal.

Caspian Receives WBE Certification from SOMWBA

August 29, 2009 posted by Stacy L. Carpenter

Earlier this month, Caspian received official certification as a WBE (Woman Business Enterprise).  Caspian recieved certification as: Environmental Consulting Services and Permitting. WBE certfication provides an edge for survey, engineering or construction firms that seek advantage in the highly competitive bidding process.

Danvers Herald Tours SwampWalk and RailTrail Site

August 28, 2009  posted by Stacy L. Carpenter

Danvers Herald Reports on Swampwalk and Rail Trail Vision 

This week, the Danvers Herald published an article revealing an natural hidden gem and the quiet efforts of many to make the area accessible to the general public. Caspian is proud to be providing core support for this venture. 

 

 

Revised Clean Water Act Aims to Expand Federal Jurisdiction

Clean Water Restoration Act, S. 787 was introduced by Senator Russell Feingold. http://www.opencongress.org/bill/111-s787/text

The bill seeks to clarify the limits of Federal  jurisdiction by creating expanding jurisdiction over  all waters of the US, not just navigable waterways.  This wording change would bring all isolated wetlands, non- navigable waterways (such as  intermittent streams) and potentially ephemeral pools within the authority of the Army Corp of Engineers.

The small change in wording is a great leap in jurisdiction.  Since inception, theoretical  jurisdiction has been over discharges to “Navigable Waters” of the “Waters of the US”.   The descriptor “theoretical” is used as in real world practice,  jurisdiction has been claimed over many non- navigable and isolated wetland resource areas.

The implementation of said jurisdiction varies from region to region and not surprisingly  two  high profile court cases have seen been through the Surpreme Court.  

 SWANCC v Cook County (http://tinyurl.com/lqxxnv)  was perhaps the first groundbreaking determination regarding wetland jurisdiction under the Clean Water Act. In SWANCC v Cook County the Supreme Court found that while navigable waters were called waters of the US, this did not provided limitless jurisdiction over wetlands for the  US Army Corp of Engineers. 

Rapanos v. United States was the second.  Rapanos was triggered by the placement of fines on a farmer that filled an isolated wetland with sand duringt the course of preparing a cornfield. A Section 404 permit  for the filling was not sought. The Army Corp of Engineers placed heavy fines upon the landowner under the consideration that the placed sand constituted “discharged pollutants” to the waters of the US.  The Supreme Court rejected that definition application being that isolated wetlands were not considered ”waters of the US”.

The proposed definition would change this finding by making all wetlands “waters of the US”.

 

 

 

 

Updated Wetland Regulations Posted by MADEP

In June of 2009, Mass. Department of Environmental Protection posted updated regulations of 310 CMR 10.00.

The updated regulations are to allow for the inclusion of Asian Longhorn Beetle (ALB management and erradication)

http://www.mass.gov/dep/service/regulations/310cmr10a.pdf

Friend or Foe?

Green is a soothing color for everyone but a construction professional.  In construction,  plants make or break a project.  

Different types of plants like different environments.  Like people, they can live in less desirable environments, but the best specimens are found within the environment best suited to their needs.

No surprise, wetland plants like to be around water.

The experienced professional is probably thinking, “wait, there are all types of water events from ponding to  sheet flow to subsurface groundwater. How does that work for plants? Can they tell the difference?”

Yes. And they are even pickier than that.

Picture this:

A wetland as a slope with a permanent pond at the bottom and house at a top of the hill. 

At the pond:

Permanent standing water: Plants such as pond lilies like constant standing water. The leave help float the flower and the stems grow up through the water. The plant does not drown.

One notch upslope:  Within a wetland that may not have standing water all year long, but does have q longer period of ponding, plants such as sphagnum (the extra fluffy bright green mossy plant) will thrive.  Look for skunk cabbage nearby

One notch more upslope: Plants such as royal fern may be found. These plants don’t like standing water all the time, but won’t be around without at having their feet wet at  least some portion of the year.

One notch more upslope: The ferns will still be found, but changed to Cinnamon fern. This plant prefers to be sort of wet and can take a bit of standing water- if it must. The plant is  frequently found in groups or clumps.

One more notch upslope: Snack time. This is where the highbush blueberries dwell.  This is where the territory of what is obviously wet and what is not becomes blurred to the casual observer. Few think blueberries and think swamp. Red maple might also be found here along with white oak.

One more notch upslope: Now things are starting to get more dry. White oak becomes red oak and the healthy Eastern white pines may be observed. Yes, Eastern white pine may be found in a wetland, but either the wetland is drying or the tree is drowning.

One more notch upslope: Is that a beech? Yee-ha, we’re in dry country.  Eastern white pines blow in the breeze, massive red oaks house red squirrels and the beech provides those spear-like buds that critters love.  The water is low, the trees are tall and the soils are sandy. What could be better?

There are, of course, hundreds of other plants that will happily occupy the “notches” on the slope. Plants, as mentioned, are picky. Some prefer acidic soils, some prefer alkaline. Some prefer sun, some prefer shade and some prefer both.

Follow

Get every new post delivered to your Inbox.