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2022世界杯赛程安排



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2022世界杯赛程安排

guide to wotus, wetland delineations & section 404 permits

2023 supreme court decision & pending 2026 epa rule

changes to the interpretation of the law

how could this ruling impact project construction and permit requirements?

section 404 permits will still be required for applicable projects. the proposed rule may change which wetlands, depending on their location in the landscape and connectivity to waters of the united states (wotus), are jurisdictional. it may also change definitions that affect wotus. please reach out if you have any questions about your project and potential permitting requirements. 

does the sackett v. epa ruling affect all wetlands? what about significant nexus?
no, the sackett ruling does not affect all wetlands. however, the significant nexus rule is no longer enforceable because landowners could not easily determine if the clean water act applied to their particular property or project.

understanding section 404 permits

the permitting process

does my project need a wetland delineation?
yes. determining the size and location of wotus features assists engineers and planners to minimize impacts on these features to potentially reduce mitigation required.
does my project need a jurisdictional determination?
potentially. some streams or wetlands may not clearly appear to be wotus due to seasonal changes in precipitation, abnormal conditions on site, or downstream connections. in these cases, a jurisdictional determination may be necessary to confirm which streams and wetlands are considered wotus and therefore under the jurisdiction of the usace.
does my project still need a section 404 permit?
potentially. if wotus is being impacted, there are federal guidelines in place for how to proceed with the project. a section 404 permit may be required prior to beginning construction.
does my project still need a floodplain permit?
potentially. the new rules proposed by the epa pertain only to federal guidelines. state and local laws for permits remain unchanged. if construction work is being done within the floodplain of a stream, local and state permits may still be required.
does my project still need to purchase mitigation credits?
potentially. if permanent impacts to wotus surpass the minimum impact threshold for mitigation, mitigation may need to be satisfied by purchasing credits from a mitigation bank within the appropriate service area.

from delineations to permits

definitions you need to know

what is wotus?

waters of the united states. currently includes perennial streams, intermittent streams, and wetlands with a continuous surface connection to wotus. ponds, lakes, playas, marshes, bogs, and other features may also be considered wotus. 

a wetland & stream delineation or jurisdictional determination may be required if impacts to wotus will occur on your property or within a project area. 

what is a wetland and stream delineation?

an onsite survey of the project area is conducted for the presence of wotus features like streams and wetlands. the delineation will map out the size and location of these features.

what is a section 404 permit?
the u.s. army corps of engineers (usace) and u.s. environmental protection agency (epa) have regulatory authority over section 404 of the clean water act. this means a permit or permission is required for proposed activities such as transportation, development, utilities, etc. to impact or modify wotus.
what is a jurisdictional determination?
the usace and epa determine which streams and wetlands are classified as wotus. the usace has jurisdiction over all wotus and a jurisdictional determination is asking for their regulatory opinion on what features the federal government has jurisdiction over.
what is the difference between permitting and mitigation?
a section 404 permit is permission for a project to temporarily or permanently impact wotus. mitigation is triggered when a project’s impacts exceed the minimum impact threshold to wotus.
what is the minimum wotus impact threshold for mitigation?
the minimum threshold for streams is 0.03 acres. the minimum threshold for wetlands is 0.10 acres.
are minimum wotus impact thresholds for permitting and mitigation different?
yes, nationwide permitting thresholds may be several hundred linear feet and 0.50 acres of wetland. regional permits typically have larger impact thresholds. 
proactively addressing preservation & development with

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meet our team

jeff walters, pws

environmental sciences work group leader
ankeny, ia

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nichoel church, pws

environmental scientist
ankeny, ia

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