December 30, 2004
Contact: Dr. Judy Helgen at 651-636-6544, Karen Harder at
612-824-4136
1600 Acres of Wetlands Put at Risk
Sierra Club North Star Chapter releases report urging MPCA to protect wetlands by reinstating Clean Water Act review of dredge and fill activities that harm wetlands
MINNEAPOLIS — Sierra Club North Star Chapter released Restoring Water Quality Certification in Minnesota (pdf, 625k). The report calls on the Minnesota Pollution Control Agency (MPCA) to protect wetlands and water quality. The Sierra Club urges the MPCA to reinstate its professional review of project applications for meeting state water quality requirements.
"The MPCA did a real disservice to Minnesotans who care about water quality and wetland protection when they walked away from their right and responsibility to review dredging and filling activities under the section 401 of the Clean Water Act. This program may sound boring or bureaucratic, but by removing professional review of permits, the MPCA put 1600 acres of wetlands at risk over the last three years," said Dr. Judy Helgen, Chair of the Wetlands Committee of the Sierra Club North Star Chapter.
Under the Clean Water Act, the MPCA has the authority and responsibility to certify that dredge and fill activities to state waters do not harm state water quality. When MPCA reviews these activities it has the authority to deny the certification, to certify the activity; or to certify the activity with conditions that reduce impacts to state waters. In addition, it can waive its review of the project altogether. Until September 2001, MPCA was professionally reviewing applications for certification to ensure that state water quality standards were met. In September of 2001, MPCA stopped its professional review of these applications. Project applicants, such as developers of residential and commercial developments are now expected to evaluate their own projects for compliance with the state's water quality laws. This raises their liability risks as well as endangers wetlands and water quality.
Sierra Club studied the applications received by MPCA for 401 certification from the time MPCA stopped its professional review (Sept. 2001) through March 2004. This report summarizes the activities, and gives specific examples of projects that had waivers and no review by MPCA. 88% of the proposed projects reviewed showed potential negative impact to wetlands. According to Sierra Club review, at least 1600 acres of wetlands were put at risk of impact.
The MPCA has the opportunity to do the right thing for Minnesotans, for the waters and wetlands we love. If they reinstate professional review, then we can return to protecting our waters and our wetlands," said Dr. Helgen.