I am writing to urge that the petition for rulemaking submitted by Mr. Schnare be denied as it seeks to change how it is determined that wetlands exist in conflict with federally defined practices and scientific consensus and would result in harm to critical riparian and adjacent habitats and their associated flora and fauna that would negatively impact ground and surface waters and the Chesapeake Bay.

The basis for the petition is completely flawed in that they seek to change how wetlands are determined which is not the finding in the cited Sackett vs EPA which instead was focused on how they are regulated. The request in this petition is in direct conflict with national standards and scientific consensus as to the factors that determine the location and extent of wetland features. Therefore the petition should be rejected outright.

The petition would have the further effect of limiting the ability of the state and localities which are the delegated authorities to protect critical surface and ground water features which are essential for protecting water quality, regulating stream flows, preventing flooding of adjacent and downstream properties, providing critical habitat for what are often rare vegetative communities which are confined to wetlands and their associated wildlife species and harm the estuaries of the Chesapeake Bay and its contributing water bodies.