Section 404 of the Clean Water Act established a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. Regulatory agencies involved in wetlands identification and management include the U.S. Army Corps of Engineers (USACOE), EPA, the U.S. Fish and Wildlife Service, and various state resource agencies.
Identifying a wetland and working with all of these regulatory bodies can be time-consuming. GEC knows the regulations and has the engineering experience to correctly identify wetlands on a piece of property. We perform detailed evaluations of sites and flag the areas that meet the USACOE definition of a wetland. We also prepare the required wetlands documentation and assist in obtaining the required permits for site development.
Activities in waters of the United States that are regulated under Section 404 of the Clean Water Act include fills for development, water resource projects and infrastructure development. Regulated activities are controlled by a permit review process. The U.S. Army Corps of Engineers (USACOE) administers the program, develops policy and guidance and enforces Section 404 provisions. The EPA, the U.S. Fish and Wildlife Service, and state resource agencies also have important advisory roles.
An individual permit is usually required for potentially significant impacts to the aquatic environment or the nation’s waters. Developments that have only minimal adverse effects on the aquatic environment usually proceed under Nationwide Permits (NWPs). The individual permit process requires a public notice, a comment period, sometimes a public hearing, and other information that the USACOE uses to evaluate a proposed permit. However, if a project meets the terms and conditions of a NWP, it is possible that the project can proceed with little or no involvement by the USACOE.
The EPA and the USACOE use the 1987 Corps of Engineers Wetlands Delineation Manual to define wetlands for the Clean Water Act Section 404 permit program. The 1987 manual organizes environmental characteristics of a potential wetland into three categories: soils, vegetation and hydrology, and includes the criteria for each category. An area that meets all three criteria is considered a wetland.
Call on GEC when you need wetlands related consulting - we have the experience and expertise to make the process easier for you.
