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Wetland Permitting/Violation Resolution

The physical alteration of water bodies in the United States, including wetlands and streams, are regulated by federal and state statutes under Section 401 (Certification) and Section 404 (Permits) of the Federal Clean Water Act.

CSG provides Section 404/401 stream and wetland permitting services to clients ranging from small site developers to large national corporations. CSG works closely with our clients and/or their engineers to develop site plans that meet the goals of the project while avoiding and minimizing negative impacts. This approach saves our clients time and money by expediting the permitting process and minimizing potential mitigation requirements.

The mitigation process depends heavily on the details of each situation and whether mitigation can take place on or off-site, but most involve:

  • Determine whether potential wetland impacts are avoidable
  • Invite regulatory agencies for a site visit to verify wetland delineation
  • Determine what type of permit is going to be required (based on size and quality of wetlands proposed to be impacted)
  • Army Corps’ 404 Individual Permit
  • Army Corps’ Nationwide Permit (all types)
  • Army Corps & IDEM Regional General Permit (RGP)
  • IDEM 401 Water Quality Certification (WQC)
  • IDEM Isolated Wetlands Permit
  • IDEM Combined 401 WQC and Isolated Wetlands Permit
  • Other Corps and IDEM combined permits or permits from other states or Corps Districts
  • Submit wetland delineation to appropriate regulatory agencies with application for permit to impact jurisdictional wetlands
  • A wetland permit application may require:
  • An alternatives analysis
  • Detailed engineering drawings and cross sections of wetland impacts
  • A list of affected landowners
  • Development of a mitigation plan complete with engineered plans and planting lists
  • Tract history
  • Possible additional meetings with regulators and/or landowners
  • Identification of off-site wetland mitigation sites and possible land acquisition
  • Identification of a wetland bank in the event that wetland credits can be purchased
  • Assist in the development of a required deed restriction for the new wetland

In addition, CSG has extensive experience obtaining After-The-Fact Permits for wetland and stream impact violation situations and providing Expert Witness Testimony related to wetland violations. CSG has a Professional Wetland Scientist (PWS) on staff.

Posted in: Wetlands and Streams