Nov. 6 public comment deadline extended - EPA Corps Jurisdiction Comments
 
Get your comments in by Nov. 13th or sooner.

HERE is the previous email: * EPA Wetlands Guidance Regulations, Nov 6 Comment Deadline

Land Rights Network
American Land Rights Association
PO Box 400 – Battle Ground, WA 98604
Phone: 360-687-3087 – Fax: 360-687-2973
E-mail: alra@pacifier.com
Web Address: http://www.landrights.org
Legislative Office: 507 Seward Square SE –
Washington, DC 20003
* *
Nov. 6 Deadline Extended - EPA Corps Jurisdiction Comments
 
Get your comments in by Nov. 13th or sooner.
 
Urgent Action Required.
 
Fill Out And Send by e-mail as soon as you can after Nov. 6.
 
Believe it or not, the EPA Website went down a couple of days before
the deadline.
 
You can still send your comments to docket_oei@epa.gov
<mailto:docket_oei@epa.gov>

The instructions are below.
 
***Be sure to e-mail your comments even if you are late.
 
-----1. Put this e-mail in your document file.
 
-----2. Be sure to make these comments from you. Take off all
references to the American Land Rights Association or Chuck Cushman.
ALRA is simply giving you an easy pathway to follow.
 
-----3. Be sure to write personal comments. Do not just send the draft
ideas ALRA sent to you.
 
-----4. When finished editing, e-mail your comments to
docket_oei@epa.gov <mailto:docket_oei@epa.gov>

We sent you another e-mail earlier with all the ways you can send
comments to EPA. We have added some of that below.
 
*How To Comment:*
Members of the public wishing to provide written comments may submit
them to the EPA Docket electronically via /www.regulations.gov
<http://www.regulations.gov/>
/, by email, by mail, by facsimile, or by hand delivery/courier.
Please follow the detailed instructions provided in the written
statements section of this notice.
 
Members of the public wishing to provide oral statements to the SAB
Panel should contact the DFO directly. /Oral Statements:/ In general,
individuals or groups requesting an oral presentation at a public
meeting will be limited to five minutes. Interested parties should
contact Dr. Thomas Armitage, DFO, in writing (preferably via email) at
the contact information noted above by December 9, 2013 to be placed
on the list of public speakers for the meeting.
 
/Written Statements:/ Written statements for the December 16-18, 2013
meeting should be received in the EPA Docket by November 6, 2013 so
that the information may be made available to the SAB Panel for its
consideration. Written statements should be identified by Docket ID
No. EPA-HQ-OA-2013-0582 and submitted to the Docket at
/www.regulations.gov <http://www.regulations.gov/>
/ by one of the following methods:

 /www.regulations.gov <http://www.regulations.gov/>
:/ Follow the on-line instructions for submitting comments.

 /Email:/ /Docket_OEI@epa.gov <mailto:Docket_OEI@epa.gov>
/: Include the docket number in the subject line of the message.

 /Fax:/ (202) 566-9744

 /Mail:/ Office of Environmental Information (OEI) Docket (Mail Code:
28221T), Docket ID No. EPA-HQ-OA-2013-0582, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
The phone number is (202) 566-1752.

For additional information about EPA's public docket, visit the EPA
Docket Center homepage at /http://www.epa.gov/epahome/dockets.htm
/.
 
*Be sure to forward this comment questionnaire to at least 10* other
people. Your whole list if possible.
 
Below are sample comments for the new EPA Corps Wetlands Jurisdiction
report and new EPA Corps Wetlands Jurisdiction Regulations that you
can edit and change to fit your views.
American Land Rights agrees with the comments but you don’t have to.

 
***You should have received an e-mail alert from American Land Rights
a week or two ago about the new EPA Corps Wetlands Jurisdiction report
and regulations. *Here are the tools to help you*
*make your comments for the Official Record of the EPA Comment
Period.*
 
*Don’t let EPA undermine the “Navigable Waters”*
*requirement in the Clean Water Act that limit the EPA and Corps to
jurisdiction over “Navigable Waters.”*
 
Don’t allow EPA and Corps to try to bypass the several Supreme Court
Decisions that have emphasized the limits to EPA power.
 
*If you fail to comment you could lose rights under the legal concept
of “laches” or “sleeping on your rights.”*
* *
It’s critical that you send comments to preserve your right to file
suit or be part of a suit sometime in the future. You may not plan to
sue now but you don’t know what the final new regulations will say
or what rights they may deprive you of. By sending comments by e-mail
you preserve your rights for the future.
 
When finished editing, please e-mail them to the EPA as your comments
to the proposed regulations. You may use all or part of the comments
below to help give you ideas. Add your personal comments to make sure
EPA pays attention to them. Your personal comments are critical to
make this document effective. . The e-mail addresses are below.
 
Email your comments to EPA with a copy to American Land Rights.
We’ll be sending it on to Congress. You can should send a copy of
your comments to your Congressman and both Senators
 
*Written comments must be received by EPA by November 6th.* They will
be considered for both the Public Meeting to be held by the EPA
Science Advisory Board (SAB) Panel on December 16-18 and then for the
regulations themselves being drafted by the SAB Panel.
* *
Written statements should be identified by Docket ID No.
EPA-HQ-OA-2013-0582 and submitted to the Docket at
/www.regulations.gov <http://www.regulations.gov/>
/ by one of the following methods:
 
· /www.regulations.gov <http://www.regulations.gov/>
:/ Follow the on-line instructions for submitting comments.
 
· /Email:/ /Docket_OEI@epa.gov <mailto:Docket_OEI@epa.gov>
/: Include the docket number in the subject line of the message.
 
· /E/-mail a copy of your comments to American Land Rights at:
alra@pacifier.com <mailto:alra@pacifier.com>

· /Fax:/ (202) 566-9744
 
· /Mail:/ Office of Environmental Information (OEI) Docket (Mail
Code: 28221T), Docket ID No. EPA-HQ-OA-2013-0582, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
The phone number is (202) 566-1752.
 
For additional information about EPA’s public docket, visit the EPA
Docket Center homepage at /http://www.epa.gov/epahome/dockets.htm
/.
* *
*FOR FURTHER INFORMATION CONTACT: *
Any member of the public who wants further information concerning the
public meeting may contact Dr. Thomas Armitage, Designated Federal
Officer (DFO), EPA Science Advisory Board Staff Office (1400R), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; via telephone at (202) 564-2155 or via email at
/armitage.thomas@epa.gov <mailto:armitage.thomas@epa.gov>
/. General information concerning the SAB can be found on the EPA Web
site at /http://www.epa.gov/sab
/.
* *
*Here are your sample comments for you to edit*
*and send to EPA with your own personal views.*
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* *
*--November 6 Deadline-- EPA Corps of Engineers Clean Water Act
Wetlands Jurisdiction Report And Regs. *
* *
*Comment Deadline Nov. 6. -- Comment Questionnaire Must Be Received By
EPA By Nov. 6, 2013 *
 
*Office of Environmental Information (OEI) Docket (Mail Code: 28221T),
Docket ID No. EPA-HQ-OA-2013-0582,*
*U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460 *
* *
*- - - - - - - - - - - - - - - - - - - - - - - - - - - -*
* *
*To EPA:* These are my comments regarding the EPA Science Advisory
Board Review of EPA’s Water Body Connectivity Report:
“Connectivity of Streams and Wetlands to Downstream Waters: A Review
and Synthesis of Scientific Evidence.” These comments should also be
applied to the new EPA Corps Clean Water Act Wetlands Jurisdiction
Regulations that will result from that report.
 
*Please include my comments in the official record of the EPA Report,
deadline Nov. 6, 2013.* Consider a photocopy as valid as the original.
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*To: Private Property Owners and Federal Land Users:*
* *
*Regarding:* The Clean Water Act (Wetlands) Jurisdiction Report and
Regulations now being considered by the Environmental Protection
Agency. *The deadline for public comment on the **subsequent new Clean
Water Act Federal (Wetlands) Regulations based on that report is*
*November 6, 2013.*
* *
EPA and Corps of Engineers are preparing to release their new report
as justification to take jurisdiction over vast areas of the United
States trying to circumvent the “Navigable” requirement in the
Clean Water Act.
* *
The EPA and Army Corps are trying to *gain jurisdiction over all
waters of the United S*tates *and all activities affecting all waters
of the United States. *
* *
It expands the authority of the Federal government under the Clean
Water Act (CWA) of 1972 to include all waters of the U.S. and all
activities affecting those waters. It seeks to bypass the Rapanos
(2006) and SWANCC (2001) Supreme Court Decisions and other decisions
that limited Corps and EPA jurisdiction to *“navigable waters.”*
* *
New EPA and Army Corp’s Clean Water Act Jurisdictional Regulations
appear to be modeled after their now withdrawn Guidance Regulations.
These new Jurisdiction Regulations would allow these agencies to
regulate waters now considered entirely under state jurisdiction.
* *
Reed Hopper of Pacific Legal Foundation said, “If the new proposed
jurisdictional rule follows suit, it will be the largest power grab in
the history of the country. Although the new proposed jurisdictional
rule can and will be challenged, the courts are required to give great
deference to agency rulemaking.”
* *
Agriculture, commercial and residential real estate development,
electric transmission, transportation, energy development, mining and
forestry will all be affected and thousands of jobs will be lost.
 
Thousands of small communities would be strangled. Any action taken by
you on your water could require a permit from the Corps of Engineers.
 
*ALERT* -- The EPA is saying they are not going to change Agriculture
wetlands rules. ALRA believes they are saying that just to keep
farmers and ranchers from rising up over these new regulations.
 
EPA will likely apply the rule to farmers and ranchers at a later
date.
 
Do not be taken in by this bait and switch. These proposed new
Jurisdiction Regulations will eventually apply to agriculture, farmers
and ranchers. So make your comments and oppose the new rules now. The
instructions are below.
 
Signature ________________________________
If you can put a signature block in here, great. If not, just type in
your name.
 
Print Your Name ______________________________
*Comment Questionnaire continued. *
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* *
* *
*Dear Private Property and Multiple-Use Advocate:*
 
*You must send your comments in immediately.* It is imperative that
you act now. The new EPA Corps Clean Water Act regulations may be the
biggest threat to property rights and local control yet.
 
*The new EPA Corps Regulations attempt to bypass several U.S. Supreme
Court decisions* that favored landowners and local government. They
would give Federal agencies almost unlimited control over land, water
and people. Jim Burling, senior attorney for the Pacific Legal
Foundation, said “/If our constitutional system of limited federal
powers means anything, we have to win on this issue.”/
 
It is important that you fill out the following comment questionnaire
and mail it back to EPA and American Land Rights. We will deliver it
to your Congressman and Senators. But it is better if you also send it
directly to your Congressman and Senators. It must be submitted as
quickly as possible.
 
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In the next section you will see a series of statements about the new
Clean Water Act Jurisdiction Rules and Regulations that *American Land
Rights agrees with, but you don’t have to. * Please circle AGREE or
DISAGREE. You may write in additional comments or edit them to fit
your views.
 
******This Testimony Questionnaire is about your testimony.* The EPA
and your Senators and Congressman want to know what you think. It is
critical that you write your responses to the statements with your
opinion and not what you think we would want you to write. You are
free to disagree with us. Your personal comments make this document
more valuable. *Be sure to fill in the blank space below where it says
Agree-Disagree with your personal comments. That’s critical for EPA
to take this document seriously. *
 
--1. *The jurisdiction of federal agencies under the Clean Water Act
of 1972 should remain limited* to navigable waters and not expanded to
include “all waters of the U.S.” such as watersheds, sloughs,
meadows, intermittent streams, prairie potholes, ponds, playa lakes,
mudflats and sandflats.
*Agree…..Disagree…..No Opinion*
 
--2. Access to and use and enjoyment of public lands and waters should
be guaranteed under new EPA Rules under the Science Advisory Board
Review of EPA’s Water Body Connectivity Report “Connectivity of
Streams and Wetlands to Downstream Waters: A Review and Synthesis of
Scientific Evidence.”
*Agree…..Disagree…..No Opinion*
 
--3. The definition of wetlands under Federal jurisdiction should be
limited to those areas that are permanently wet or free flowing.
*Agree…..Disagree…..No Opinion*
 
--4. The U. S. Supreme Court decisions of 2001 and 2006 that ruled in
favor of local government and landowners should not be bypassed by the
proposed EPA and Corps of Engineers CWA Regulations.
*Agree…..Disagree…..No Opinion*
 
--5. The Science Advisory Board Review of EPA’s Water Body
Connectivity Report is not about environmental protection and clean
water, but about control over land, water, and people.
*Agree…..Disagree…..No Opinion*
 
--6. I believe the EPA and Corps of Engineers should honor the
Constitution and leave water regulation under the control of state and
local government.
*Agree…..Disagree…..No Opinion*
 
--7. The Clean Water Act of 1972 should not be used as a tool for
national land use controls.
*Agree…..Disagree…..No Opinion*
 
--8. The Clean Water Act Jurisdiction should not be expanded to
include “activities affecting waters.”
Agree…..Disagree…..No Opinion
 
--9. Mostly dry land and isolated wetlands should be excluded from
federal jurisdiction under the Clean Water Act.
*Agree…..Disagree…..No Opinion*
 
--10. Please do not give the Corps of Engineers regulatory control
over my property.
*Agree…..Disagree…..No Opinion*
 
--11. I do not believe there is confusion over regulation in the EPA
or Corps of Engineers over the four Supreme Court Clean Water Act
decisions.
*Agree…..Disagree…..No Opinion*
 
--12. I believe Agriculture, commercial and residential real estate
development, electric transmission, transportation, energy development
and mining will all be affected and thousands of jobs will be lost if
these regulations are approved.
*Agree…..Disagree…..No Opinion*
 
--13. Any action taken by you on your water could require a permit
from the Corps of Engineers. Thousands of small communities would be
strangled.
*Agree…..Disagree…..No Opinion*
 
--14. The definition of pollutants under the Clean Water Act of 1972
should not include clean fill or natural material of any kind.
*Agree…..Disagree…..No Opinion*
 
--15. The term ‘discharge’ should not apply to the disturbance of
soils or natural materials.
*Agree…..Disagree…..No Opinion*
* *
--16. ALERT -- The EPA is saying they are not going to change
Agriculture wetlands rules. I believe this is a divide and conquer
tactic to keep farmers and ranchers from rising up over these new CWA
Regulations.
*Agree…..Disagree…..No Opinion*
* *
--17. I believe EPA will likely apply the new Wetlands Rules to
farmers and ranchers at a later date. These proposed new Jurisdiction
Regulations will eventually apply to agriculture, farmers and
ranchers. That is a huge danger to farmers and ranchers.
*Agree…..Disagree…..No Opinion*
 
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(Your written comments here are essential if you want the EPA and
Members of Congress to really pay attention to this document. You may
borrow or expand on the statements above and write them in below.)

Use this open space to add your comments. It is critical that you
write your own comments. Be sure to fill in the area below and fill
out the validation form at the bottom.

To validate your comments please fill in completely (PRINT or TYPE)
and be sure to sign.
Signature_________________________________
Name____________________________________________
E-Mail_______________________________ Fax ___________________ Phone
____________________
Address_______________________________ Town______________________
State_____ Zip____________
If you can sign with a signature block, please do that. If not, simply
type in your name in the signature area.
* *
* *
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-*
* *
*Deadline to E-mail: Wed. October 6.* Please do not fail to return
this testimony questionnaire even if late. Be sure to e-mail or mail a
copy to American Land Rights.
 

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