Wetlands Delineation

[Rookie2]

Hi, We have inherited a project on which a wetlands delineation was performed by a certified wetlands scientist. As far as we know the delineation was never verified by the USACE. Is this a requirement if we are not disturbing wetlands and disturbing less than 150' of stream?

Also could someone recommend a good reference for wetlands permitting? Something that puts all the information for the different permits in one place, and describes them from a land development engineers point of view?

Thanks

 

[francesca]

Wetlands permits should be handled by your state department of the environment. For Tennessee, TDEC handles their wetlands permits under their Aquatic Resource Alteration Permit (ARAP). Presumably you've already been in touch with your state environmental department regarding your stream disturbance, and your contact there should be able to help you further.

 

[Rookie2]

Thanks for your reply. We are under the threshold requirements for state permitting (150' stream / 1/10 acre wetlands disturbance). Here in NC they become involved in the erosion control plan approval process.

I think what we propose is covered under the USACE Nationwide Permits. What I'm not sure about is -
1) Are we required to have our wetlands delineation verified by the Corps to be covered by the Nationwide permits?
2) Are we required to do a pre-construction notification to the Corps if we meet all of the requirements of the Nationwide Permits? Do we need to get them inolved?

I have done some reading since my original post and I now know enough to ask a more specific question. I know I should probably ask a wetlands scientist, but here they seem to be so busy it takes them a week or more to return a phone call.

Thanks Again

 

[TerryScan]

What is the nature of your distrubance? The permits are specific to activities being performed. You state that your are disturbing the stream and not wetlands. I would imagine the Corp considers the stream to BE wetlands.

If you are not familiar with getting wetlands permits, I would either get a consultant who is familiar, or contact the local Corp office. I have often found them quite helpful.

Here is a NC Army Corp site on permitting:

http://www.saw.usace.army.mil/wetlands/Permits.html

There is a link on the right side of the page regarding nationwide permits.

 

[Rookie2]

Thank you for the link TerryScan. We are crossing a stream for sewer construction. I think this is covered under Nationwide Permit 12. I thought wetlands and streams were both considered Waters of the US, but there was a distinction between the two when it came to permitting. I am probably wrong on this.

We will be getting a wetlands consultant involved. I will pose these questions to him. Thanks for the responses.

 

[jmrosell]

In Michigan a typical stream crossing does not require an USACE permit. Those are handled by the MDEQ. I would ask your state environmental office. If they have said they are not concerned, I would check with them to see if there is any other agency they feel has jurisdiction, possibly a local drain commission.

 

[Hoagie]

The wetland delineation map must be filed with your USACE office.

Nationwide Permit #39 (formerly #29) will allow you fill 0.5 (max) acres of delineated wetlands and the alteration of 300 lineal feet of bank.

USACE will require you to provide a wetlands mitigation plan showing grading, pooling, etc. Your biologist will direct this grading.

 

[Sharrick]

I work for a county road commission (in Michigan)as a permits inspector. I agree with jmrosell that these are handled in Michigan by the MDEQ. As a permits inspector for our county, we also are certified as soil erosion inspectors. In our training, we've been told that most states now have there own version of an environmental agency, like Michigan's MDEQ. If they don't have one, the federal government's envoronmental agency will be involved.

In Michigan, the State requires Counties to also have a "Soil Erosion" department that must also issue permits for areas that are over a minimum size or within a certain distance of water; therefore two agencies would be involved. Also, although the initial environmental regulations were usually cloned from the federal governments regulations, most states will pass additional laws that go beyond the federal laws. No state is allowed to do less than the federal requirements.

Some local governments are now getting involved with storm water management and are passing additional rules and laws on top of the state and federal laws. Best to check with all levels of government before getting into it. Everyone wants to get their fingers into the pot!.