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Clean Water Act Section 404: An O&G Perspective

Clean Water Act Section 404: An O&G Perspective. Andrew D. Smith SWCA Environmental Consultants. Projects in Waters of the US Regulations/Permits. Clean Water Act Section 404 – Army Corps Permit Section 401 – State Certification River and Harbors Act Section 10 – Army Corps.

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Clean Water Act Section 404: An O&G Perspective

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  1. Clean Water Act Section 404: An O&G Perspective Andrew D. Smith SWCA Environmental Consultants

  2. Projects in Waters of the US Regulations/Permits • Clean Water Act • Section 404 – Army Corps Permit • Section 401 – State Certification • River and Harbors Act • Section 10 – Army Corps

  3. Jurisdictional Waters of the U.S. • Surface waters such as • Rivers, streams, and their tributaries • Wetlands adjacent to these waters • Ponds, lakes, and reservoirs • Arroyos

  4. Jurisdictional Wetlands • Wetland Hydrology • Hydrophytic Vegetation • Hydric Soils

  5. Jurisdictional Waters of the U.S.

  6. Non-jurisdictional Waters • Isolated wetlands • Swales • Ditches • Significant nexus

  7. Typical Activities Requiring Permits • Construction of access roads • Construction of well pads • Pipeline crossings • Placement of riprap or channel protection • Construction of ponds, dams, dikes, or weirs

  8. Example Activities Requiring Permits

  9. Wetland Delineations • Project scheduling and timing • May be seasonal restrictions (winter, growing season • Locating and siting wetlands • Blue and white area on USGS maps could be waters of the U.S. • Delineate the wetland • Jurisdictional determination • Map and document

  10. Section 404 Permitting • Avoid or minimize project impacts to wetlands • Quantify unavoidable impacts < 0.5 acre – Nationwide Permit > 0.5 acre – Individual Permit • Mitigate impacts > 0.1 acre

  11. Nationwide Permits • For common activities with minimal wetland/waters of the U.S. impacts • Typical NWPs applicable to O&G activity • NWP 12: Utility Line Activities • NWP 14: Linear Transportation Projects • NWP 27: Stream and Wetland Restoration Activities

  12. Individual Permits • For projects > 0.5 acre impacts to wetlands or other waters of the U.S. or > 300 linear feet of streambed fill • Public review of permit application • 15 to 30 day public comment period • Mitigation plan and implementation required • Generally take 4 to 6 months for approval

  13. Nationwide Permits • Submit Preconstruction Notification (PCN) • Permittee contact info • Project description, location, purpose • Quantify unavoidable wetland impacts • Other environmental impacts • Maps, photos • Corps has 45 days to respond to PCN • “The prospective permittee shall not begin the activity…Unless 45 days have passed from the District Engineer’s receipt of the complete notification.” • NWPs may take 90 days to process if mitigation required

  14. Mitigation • “No net loss” of wetlands • Typically 1:1 mitigation ratio in Colorado • Varies depending on habitat value, quality • “After-the-fact” typically higher ratio • Restoration • Creation • Enhancement • Mitigation bank guidance

  15. Mitigation Aspects and Costs • Planning • Construction • Annual Monitoring • Maintenance • Army Corps must sign off on completed mitigation • (Typically 3 to 5 years for success)

  16. Wetland Enhancement and Restoration

  17. Wetland Mitigation Site Adams County, Colorado 2003 - Baseline Photo 2005 – Same Location After Wetland Creation We obtained Corps of Engineers sign-off of the mitigation at this site only 2 years after implementation.

  18. Compliance

  19. Compliance

  20. Questions? For more information, contact: Andrew D. Smith SWCA Environmental Consultants 239.470.7868 303.487.1183 asmith@swca.com

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