|
The federal wetland permitting process although
mostly a national process is still conducted at a state level and
therefore each state has different rules. The following example is
for West Virginia. Be sure to know the rules for your state.
Pre-construction notification to the U.S. Army Corp of Engineers (USACOE)
and compensatory mitigation is required for most dredge and fill
activities in wetlands greater than one-tenth acre. Wetland fills
under one-half acre are usually covered under the Nationwide Permit
system, and West Virginia State Water Quality Certification. Wetland
fills exceeding one-half acre require an individual (404) permit and
State Water Quality Certification (401) permit issued by the West
Virginia Department of Environmental Protection (WVDEP). Wetland
mitigation as defined by the U.S. Environmental Protection
Agency (EPA) consists of avoiding and minimizing impacts,
restoring, enhancing, or creating new wetlands. Current West
Virginia state policy requires that compensatory wetlands be
created at a ratio of 2:1 for emergent wetlands (2 acres
created for each acre destroyed) and 3:1 for scrub-shrub and
forested wetlands. Applicants can receive a 1:1 ratio if the
compensatory wetland is created and functioning prior to the
filling of the permitted wetland. These compensatory
mitigation ratios were established because not all projects
are successful, the functions and values of the filled
wetland are lost, and to discourage the indiscriminate
filling of wetlands.
 See
a mitigated wetland in West Virginia. |
