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找到合格的湿地顾问的重要性

Whatever region of the United States you’re in, wetland consultants are a dime a dozen. This includes the one-man show all the way up to a fortune 500 company. All promise the same things: to complete your project in a timely fashion and under budget with an approved jurisdictional determination (JD) and/or wetland permit from the U.S. Army Corps of Engineers (Corps). But do all consultants help yield the same results?

Wetland consultants are hired by developers, property owners, engineering firms, commercial and industrial clients to provide a number of services, including wetland delineations, wetland permitting and mitigation assistance. Wetland consultants should be intimately familiar with and know the requirements of Sections 10 and 404 of the Clean Water Act (CWA) when it comes to impacts to potential wetlands and Waters of the U.S. (WOTUS). A qualified wetland consultant should be knowledgeable of state and locally regulated programs who also have jurisdiction over wetlands and WOTUS. For example, the Coastal Zone of Louisiana includes jurisdiction with both the Louisiana Department of Natural Resources (LDNR) and the Corps. Corresponding agencies to consider also include individual coastal management agencies within certain southern parishes.

Federal regulations defining WOTUS have recently changed and affected which streams and wetlands are regulated under the CWA. A new administration means those rules may be revised. The practical implication for industry and development is that some wetlands and waterbodies on a given site are regulated by the Corps and Environmental Protection Agency (EPA) under the CWA, and some wetlands and waterbodies are not. Wetlands and waterbodies may or may not simultaneously be regulated by state statutes, and sometimes, local ordinances. The Corps of Engineers (and where relevant, state agencies), must look for evidence of impact sequencing, namely, an effort to avoid and minimize impacts to wetlands in a permit application before being able to issue a permit for unavoidable wetland impacts. A competent wetland consultant can help navigate these regulations and provide a comprehensive wetland report to facilitate efficient permitting for wetland impacts.

正确的顾问还将与客户交互方式,帮助他们了解许可证要求,并建议设计或重建拟议项目以获得高效允许的方式。如果许可证申请没有表现出最小化或避免影响和解释为什么建议的影响是不可避免的善意的努力,可能会被拒绝。如果发生这种情况,项目重新设计可能是昂贵的,并且在项目时间表和延迟构建中增加几个月。

最终确定监管地位是由by regulatory agencies (such as the Corps), but for an agency to make a determination, they will need a clear description of all wetlands with reference to appropriate technical criteria. For example, defining a wetland depends on specific criteria for vegetation, hydrology, and soils. The next step to determine if a wetland is regulated under the CWA is to consider the context of that wetland. If it formed incidentally in a low area that was abandoned after mining an upland, it would not be a jurisdictional wetland under the Navigable Waters Protection Rule that took effect in June 2020. Alternatively, if a naturally occurring wetland is adjacent to stream that is a tributary to a downstream navigable water, that wetland is regulated if the stream’s flow regime is perennial or intermittent. If the stream is an ephemeral stream, the wetland is not regulated under current federal regulations. The determination of whether a stream is perennial, intermittent, or ephemeral relies on another suite of technical criteria. The right consultant can properly execute a wetland delineation and an appropriately written delineation report – two elements that are critical for timely determination of regulatory status.

顾问预计将编制征求陆战队和/或其他司法管辖区的划分报告。德国机构和宪兵可以使用划分报告,以及项目区的国家水域或湿地的文件。湿地报告包括在现场访问期间收集的所有数据,并总结了湿地描绘的调查结果。一般而言,湿地描绘报告的内容包括对湿地水文,植被,土壤描述,湿地/ Wotus的类型/种植面积的讨论,这将受到影响,并支持湿地数据表,数字和地图等文件。但是,一些军团区对湿地描绘报告的要求和/或如何在现场收集数据。例如,新奥尔良,奥马哈,圣保罗和加尔维斯顿区具有明确的要求,在审查任何湿地报告之前需要随访。

湿地顾问仅部分地依赖于发布的在线数据方面的内容。These could include historical topographic maps, National Wetland Inventory (NWI) maps, infrared and historical aerials, light detection and ranging (LiDAR) data, and other data published by the U.S. Geological Survery (USGS), the National Resource Conservation Service (NRCS) and the U.S. Department of Agriculture (USDA), to name a few. It is easy to access some wetland and stream maps online through the National Wetland Inventory, by locating hydric soils in the Web Soil Survey, or streams via the National Hydrography Dataset. However, these map products are created through remote sensing and interpretation of aerial photographs and topographic maps. While they are good resources for desktop planning, they cannot substitute for an onsite wetland delineation conducted by an experienced wetland consultant.

The delineation process doesn’t stop when a wetland report is complete. A wetland consultant will help shepherd a delineation through ajurisdictional determination与兵团和其他地方和州各机构的进程。如前所述,一些湿地在CWA下没有受到调节。当湿地顾问的专业意见是所有划定的湿地和溪流在CWA下司法管辖区时,初步司法决定(PJD)就完成了初步的司法管辖权确定(PJD)。这是军团最快的决定。当一些或所有划定的湿地或溪流不是司法管辖区时,建议批准的司法管辖区(AJD)。虽然兵团在司法管辖区内发表了司法管辖区,但良好的湿地顾问可以帮助促进通过认识到该领域的相关技术标准并在划分报告中妥善记录它们的决定。

In summary, it is important that a wetland consultant be well-versed in both education and experience conducting wetland delineations, and be very savvy about what is required by the local, state and federal regulatory agencies as well. The wetland consultant should have positive relations with personnel from all the agencies involved with the review process. Braun Intertec has numerous wetland biologist with over 50 years of combined service and has experience working in the following states with state-level wetland and waterbody regulation: Louisiana, Washington, Minnesota, Wisconsin, and Florida. Braun Intertec also has experience working in the following states where no state-level wetland regulations but waters of the state are regulated: Texas, Georgia, Virginia, Iowa, Illinois, North Dakota, Arizona.

Want to know more? Register for our webinar, Wading through the Swamp: Wetlands, Endangered Species, and Environmental Assessments, on February 25th with wetlands and ecology specialists, Daniel DeJoode, Ph.D. and Brady Turk. They will discuss how to navigate these regulatory areas to propel you to successful project completion.

Daniel DeJoode, Ph.D.Senior Scientist

P: 952.995.2459

Brady Turk科学家II

P: 225-202-5488