Clean Water Act Compliance
DEC field investigators have delineated wetlands and other waters of the U.S. across a great variety of climates: desert, alpine, temperate and subtropical. We have delineated wetlands throughout Alaska, California, Colorado, Nebraska, Nevada, New Mexico, Mississippi, Texas, Utah and Wyoming. Our biologists will expertly identify and map the wetlands on your property, providing a delineation map that will withstand the scrutiny of agency regulatory staff. We will map the ordinary high-water mark demarcating the lateral extent of streams, ditches, ponds and other non-wetland waters of the U.S., providing a sound basis for Clean Water Act (CWA) Section 404 permitting .
DEC’s staff prepare accurate delineation reports and provide the client with defensible mapping of waters of the U.S. and documentation of non-jurisdictional uplands that can be used as tools for project design and impact assessment.
DEC regulatory specialists coordinate closely with clients to identify permitting strategies that satisfy project goals and timelines and provide the client with maximum flexibility. Where necessary, DEC works with clients to revise project footprints, construction techniques, and schedules that continue to satisfy the client’s goals while satisfying the terms and conditions of appropriate CWA nationwide permits (NWPs). DEC staff are intimately familiar with definitions of waters of the U.S. and will submit Jurisdictional Determination Requests when findings of non-jurisdiction may help project success.
When project impacts to waters of the U.S. cannot be minimized to allow use of a NWP, DEC staff will help the client to determine if a Department of the Army individual permit is feasible and if the processing timeline (sometimes up a 12 months) can fit within the client’s timeline and budget. DEC can lead preparation of a Project Purpose statement, project alternatives, Environmental Assessment, CWA Section 404(b)(1) analysis, and identification of a Least Damaging Practicable Alternative that satisfies project goals and stands up to agency and public scrutiny through the public notice phase of individual permit processing.