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Wetland Delineation & Permitting


 

 

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Wetland Delineation & Permitting


 

 

Section 401/404 Wetlands

Section 401 of the Clean Water Act of 1972 (CWA) provides States and authorized tribes with regulatory oversight to manage their wetland/stream permitting program.  Section 404 of the CWA establishes a program to regulate the placement of dredged or fill material into Water's of the U.S., including wetlands.  Wetlands that are hydrologically connected to navigable waters are referred to as "404 Wetlands".  Generally, isolated wetlands that are not hydrologically connected to navigable waters are referred to as "isolated" or "401 Wetlands".  What kind of wetlands are on your property? Contact HEnv for an answer.

Coastal Wetlands

Coastland wetlands are those wetlands that are regularly inundated by the tide.  Coastal wetlands are the most recognizable type of wetland.  They are often referred to as tidal marshlands, estuaries, coastal wetlands, or coastal marshlands.  Coastal wetlands provide the outdoorsman with recreational opportunities, safe harbor, spawning and feeding grounds for our seafood, and breathtaking views.  More stringent regulatory requirements are often implemented in these wetlands. 

The most valuable properties in the country are located adjacent to coastal wetlands.  Your investment in coastal property extremely important.  Contact HEnv with your questions or concerns.

Streams

In general, there are three types of streams.  Ephemeral streams carry water only during a rain event. Intermittent streams flow during certain times of the year, and can even flow above and below ground, resulting in non-contiguous riffles and pools.  Perennial streams flow year round.  Certain rivers and streams have vegetated buffer requirements.  These buffer requirements vary by drainage basin, State, and municipality.  Maintained and dredged streams can have the appearance of a ditch or canal.  But........not all ditches and canals are streams.  Each type of drainage feature can affect a project differently.  Confused?  Contact HEnv and we will help guide you through the process.

Cypress Swamp (Taxiodium distichum), Brunswick County, North Carolina

Coastal wetlands, Pender County, North Carolina

Perennial stream, Hamilton County, Ohio

Wetland Permitting

The regulatory program for wetlands varies by State.  Delineating wetlands is often the easy part.  Guiding the project through the permitting process takes experience and more importantly; an attention to detail and strong communication skills.  A  healthy relationship with regulatory agencies is the backbone of any permit application.  We have developed lasting relationships with regulatory representatives.  Allow HEnv to assist with your permitting needs.   A list of regulatory agencies is listed below for additional information:

 

 

Culverted road crossing over a perennial stream, Virginia Beach, Virginia.  YES, this requires a permit.

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Commercial Property Transactions


A Phase I Environmental Site Assessment (ESA) is typically required by lenders prior to funding a commercial property transaction.  The purpose of a Phase I ESA is to determine if a site has been affected by past or present recognized environmental conditions (RECs).   If a Phase I ESA is conducted within the United States, the environmental professional must ensure that the report meets the requirements of the EPA All Appropriate Inquiry rule and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601).  The American Society of Testing Materials (ASTM) Standard 1527-13  serves as the guide to ensure the Phase I ESA is completed properly and is in compliance with the above referenced statutes.  We have completed hundreds of Phase I ESAs from coast to coast and can ensure you will receive a superb report.

Additional hazardous material assessments provided by HEnv include Transaction Screen Reports and Vapor Encroachment Screening (VES).  Both of which have their own ASTM Standard (please click the document titles for additional information).

If you are willing to review a plethora of acronyms, legal jargon, regulatory statutes, and guidance documents, there is an extensive amount of online resources made available to the general public.  Select one of the icons below, or contact HEnv with any questions:

 

Commercial Property Transactions


A Phase I Environmental Site Assessment (ESA) is typically required by lenders prior to funding a commercial property transaction.  The purpose of a Phase I ESA is to determine if a site has been affected by past or present recognized environmental conditions (RECs).   If a Phase I ESA is conducted within the United States, the environmental professional must ensure that the report meets the requirements of the EPA All Appropriate Inquiry rule and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601).  The American Society of Testing Materials (ASTM) Standard 1527-13  serves as the guide to ensure the Phase I ESA is completed properly and is in compliance with the above referenced statutes.  We have completed hundreds of Phase I ESAs from coast to coast and can ensure you will receive a superb report.

Additional hazardous material assessments provided by HEnv include Transaction Screen Reports and Vapor Encroachment Screening (VES).  Both of which have their own ASTM Standard (please click the document titles for additional information).

If you are willing to review a plethora of acronyms, legal jargon, regulatory statutes, and guidance documents, there is an extensive amount of online resources made available to the general public.  Select one of the icons below, or contact HEnv with any questions:

 

HEnv has experience performing Phase I ESAs throughout the United States, from North Carolina to North Dakota, and out to California.  There is no site to big, too small, nor too far away.   

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Environmental Resource Assessments


In general, an Environmental Resource Assessment is a review of potential cultural & historical resources and threatened & endangered species (and/or their habitat) relative to a specific site.  It typically does not include coordination with respective regulatory agencies.  This type of evaluation can provide valuable information about your site, particularly if your project includes public funds or grants.  These resources can serve as an amenity or backdrop to your project, rather than a hindrance to development.  Additionally, there is a tax incentive (varies by State) for conservation and preservation efforts associated with historically significant sites and areas with ecological value.  Henv has performed dozens of  Environmental Resource Assessments throughout Virginia, North Carolina, and South Carolina.

HEnv relies on over a decade of field experience, as well as access to GIS mapping software and regional databases managed by the State Historic Preservation Office, the U.S. Fish and Wildlife Service (USFWS) and representative natural heritage agencies (varies by State).  

 

Environmental Resource Assessments


In general, an Environmental Resource Assessment is a review of potential cultural & historical resources and threatened & endangered species (and/or their habitat) relative to a specific site.  It typically does not include coordination with respective regulatory agencies.  This type of evaluation can provide valuable information about your site, particularly if your project includes public funds or grants.  These resources can serve as an amenity or backdrop to your project, rather than a hindrance to development.  Additionally, there is a tax incentive (varies by State) for conservation and preservation efforts associated with historically significant sites and areas with ecological value.  Henv has performed dozens of  Environmental Resource Assessments throughout Virginia, North Carolina, and South Carolina.

HEnv relies on over a decade of field experience, as well as access to GIS mapping software and regional databases managed by the State Historic Preservation Office, the U.S. Fish and Wildlife Service (USFWS) and representative natural heritage agencies (varies by State).  

 

Sinking Creek Covered Bridge, Newport, Giles County, VA

Exposed boulders within a Rich Cove Forest, Kings Creek, Caldwell County, NC.

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NEPA Document Preparation


The National Environmental Protection Act (NEPA) was enacted into law on January 1, 1970.  According to the United States According the Environmental Protection Agency (EPA), NEPA "requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions". Each State has their own respective statutes (SEPA) that are similar to NEPA.  In an nut shell, if your project is receiving public funds or assistence (Federal, State, or Municipal), it is likely a NEPA or SEPA document will be required.  Additionally, the U.S. Department of Housing and Urban Development (HUD) has their own reporting requirements for such assessments.      

HEnv has experience in preparing and assortment of environmental documents.  Moreover, we have the experience to navigate your project through the regulatory process.  It would be our pleasure to assist you with your project.  Contact us with any questions.     

 

 

 

 

 

NEPA Document Preparation


The National Environmental Protection Act (NEPA) was enacted into law on January 1, 1970.  According to the United States According the Environmental Protection Agency (EPA), NEPA "requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions". Each State has their own respective statutes (SEPA) that are similar to NEPA.  In an nut shell, if your project is receiving public funds or assistence (Federal, State, or Municipal), it is likely a NEPA or SEPA document will be required.  Additionally, the U.S. Department of Housing and Urban Development (HUD) has their own reporting requirements for such assessments.      

HEnv has experience in preparing and assortment of environmental documents.  Moreover, we have the experience to navigate your project through the regulatory process.  It would be our pleasure to assist you with your project.  Contact us with any questions.