| WETLAND DELINEATIONS |
Bay Environmental completes delineations for wetlands and waters of the United States in a 
variety of settings. Wetland delineations are completed by conducting field investigations for the presence of wetland soils (hydric soils), wetland hydrology, and vegetation
typical of wetlands. Standard data sheets document wetland and non-wetland site conditions at specific points allowing for placement of the actual limits of wetlands. Once these limits have been determined, they are flagged in the field in a manner that a physical survey of the flag locations can be obtained to determine accurate acreage of wetlands identified.
Federal, state, and local agencies have jurisdiction over different types of wetlands. The following list generally describes the jurisdictional divisions:
- The U. S. Army Corps of Engineers has jurisdiction over waters of the U.S. (surface
waters that involve interstate commerce, their tributaries, and tidal and non-tidal wetlands adjacent and connected to these waters).
- In Virginia, the Department of Environmental Quality (DEQ) has jurisdiction over state surface waters including tidal and non-tidal wetlands. These state surface waters are also waters of the U.S. as described above. The DEQ also has jurisdiction over wetlands that are not hydrologically connected to surface waters, typically referred to as isolated wetlands.
- In Virginia, the Marine Resources Commission has jurisdiction over state bottomlands, which are lands below the mean low water or ordinary high water line.
- Local Wetlands Boards typically assert jurisdiction over tidal wetlands.
Our projects range from tidal to non-tidal wetland delineation, small to large properties, and are completed based on the client’s schedule. We regularly interact with the U.S. Army Corps of Engineers and other regulatory agencies for confirmation of wetland delineations, providing the client with written verification that the limits of wetlands have been correctly identified.
| NATURAL RESOURCE PERMITTING | [back to top] |
Permits are required from a variety of federal, state, and local agencies prior to impacting natural resources such as wetlands or waters of the U.S. For example, the agencies include the following in Virginia:
- U.S. Army Corps of Engineers
- Department of Environmental Quality (DEQ)
- Virginia Marine Resources Commission (VMRC)
- Local wetlands boards
Permitting impacts to wetlands and waters of the U.S. is a dynamic, ever-changing process. Regulations are updated and revised with such frequency that engineers, developers, transportation planners, and contractors, rely on environmental consultants like Bay Environmental to follow and decipher the regulations.
Any given project may require one or more of the following wetland permits:
Rivers and Harbors Act Section 10 Permit- Clean Water Act Section 404 Individual Permit
- Clean Water Act Section 401 Individual Water Quality Certification or Individual Water Protection Permit
- U. S. Army Corps of Engineers Nationwide Permit
- U. S. Army Corps of Engineers Regional Permit
- State General Water Protection Permit
- State Bottom Encroachment Permit
- Local Wetlands Board Permit
Bay Environmental prepares a variety of permit applications including the completion of the following:
- Joint Permit Applications
- Pre-Construction Notifications
- General permit registration statements
- Requests for confirmation of no permits required
We assist regulators with questions and concerns throughout the permit review process and negotiate final permit conditions for projects. Once permits are received, we can provide the required permit monitoring services to ensure that projects remain in compliance.
| WETLAND MITIGATION | [back to top] |
Wetland Mitigation is a sequential process that is integral to permitting impacts to natural resources including wetlands. An applicant must first avoid any impacts if possible. If impacts are unavoidable, measures must be considered to reduce impacts as much as possible. Finally, only after these steps have been completed, a compensation plan must be prepared to offset the loss of functions and values associated with the impacted wetlands. Bay Environmental assists clients with the mitigation process at every step.
Compensation for impacts to wetlands may be accomplished through a variety of methods. Typical methods include:
- Restoration or creation of wetlands
- Preservation of existing wetlands through deed restrictions in association with restoration or creation
- Purchase of credits from a commercial or publicly owned wetland mitigation bank
- Payment to in-lieu fee funds that restore, create, or preserve natural resources
Bay Environmental provides clients with information regarding compensation requirements early in the project planning process, so that these considerations can be incorporated into project design and budgeting. Our compensation services include:
- Negotiation of compensation plans and conditions with regulatory agencies
- Location and study of potential restoration or creation sites
- Design of compensation sites including grading and planting plans
- Monitoring and reporting for wetland compensation sites
| CHESAPEAKE BAY PRESERVATION ACT | [back to top] |
The Chesapeake Bay Preservation Act (CBPA) regulates activities within areas adjacent to tributaries of the Chesapeake Bay and the associated wetlands. Buffering and stormwater management techniques required by the Act must be considered for land development projects as this undisturbed buffer area and stormwater management facilities can reduce the buildable area for a site. CBPA determinations include the verification of limits of wetlands and whether or not those wetlands are subject to the buffering requirements. Bay Environmental researches local government mapping to confirm suspected CBPA areas and can provide written determinations regarding a project’s subjectivity to such regulation. Additionally, Bay Environmental can complete field studies such as perennial flow determinations to delineate the limits of CBPA jurisdiction for a site.
| THREATENED and ENDANGERED SPECIES | [back to top] |
Threatened and endangered species exist in many forms and locations, and can impact project planning. Bay Environmental provides research services to determine if any of these plant and/or animal species exist on or near a proposed project site. Information is obtained through existing databases from various state and federal agencies such as: |
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| EXPERT WITNESS TESTIMONY | [back to top] |
Occasionally, environmental issues are raised in civil and criminal cases. Bay Environmental can provide consultation regarding technical environmental issues related to natural resources, contamination or potential for contamination, stormwater management, and regulatory compliance. The owners of Bay Environmental have been involved in property transaction disputes and condemnation cases and have provided consultation, deposition, and expert witness testimony.
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