Wetlands

Retail and commercial developers often cite the discovery of Underground Storage Tanks, Contaminated Soils, or Asbestos as the result of a due diligence process. Typically, these are linked with hazardous materials and/or substances that most clients associate with the added cost of the site acquisition and development process.

However, one area of environmental concern that is often overlooked is the “non-hazardous” component related to the ecological characteristics of a site, particularly the presence of wetlands and streams. A wetland or stream on a site can significantly limit the developable area of a property and affect the time and cost of site development. A major cost associated with development activities is for mitigation of wetlands and streams, which may involve replacing the affected area on a minimum 2:1 ratio and as high as a 5:1 ratio. These ratios can translate to significant additional land purchases and/or construction costs.

Another area of concern is proceeding with work on a site, unaware that it has wetlands and streams that are being disturbed by construction activities. If discovered, work can be shut down for a significant period of time, possibly adding large cost overruns for the project, due to additional construction activities and fines.

The presence of a wetland/stream and its impact on planned development should be determined before any investment is made on a site planned for development. This determination can assist in developing a cost analysis of a purchase and/or planned development before the investment is made. If a wetland/stream exists (and the location will affect the development of the site), permit applications will need to be submitted to the Army Corp of Engineers (404 Permit) and in many cases, the State as well (401 Water Quality Certification Permit). These permits (if approved) may take up to six months, or even up to a year in some states, before final approval is received. Watterson offers two primary types of wetland services:

Determination: This is the preliminary step to cost effectively assess a property to identify the likelihood of a wetland/stream being present, and its appropriate size and boundaries.
Delineation: If a wetland/stream is found on the site, or if the site is known to contain wet areas/streams, a delineation of the specific boundaries is the next step. The delineation involves extensive sampling of soils, documentation of vegetation, and flagging of the boundaries of the wetland/stream areas. After the flagging, the boundaries are required to be surveyed. The delineation documentation and survey map are submitted to the United States Army Corp of Engineers (ACOE) for verification.

In addition to these services, Watterson can meet with regulators to discuss your project, complete the required permits, and submit them to the appropriate agency for approval. Once a permit is approved, Watterson can design and manage the mitigation activities, and perform annual monitoring of mitigation, as required by the permits.

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