Wetlands and 404 Permitting

Instructor

Stanley J. Murphy, P.E.
Colonel Murphy retired as a Lieutenant Colonel from the U.S. Army Corps of Engineers. From 1986 to 1991 he served as the Deputy Division Engineer of the Corps’ New England Division. During that period, Colonel Murphy was involved in hundreds of complex wetland permit applications and wetland violation enforcement cases. Major actions included the navigation and wetland permitting associated with Boston’s Central Artery/Third Harbor Tunnel project and the clean-up of Boston Harbor. His expertise ranges from a detailed knowledge of the Corps’ regulatory program to development of permitting strategies in sensitive areas. His most recent projects have focused on the development, design, and construction of highway projects requiring complex wetland permits and extensive mitigation. He has been teaching this popular seminar for nine years.

Course Description

Understanding wetlands and getting through the 404 permit regulatory maze requires expertise in wetlands science (i.e., botany, soils, hydrology, ecology), engineering, and law and is complicated by the fact that federal and local regulations and wetlands technology are constantly changing. Some activities no longer require federal permits,but more and more states and localities are passing their own wetlands legislation. At the same time, federal legislation continues to be introduced which, if passed, would dramatically decrease the amount of federally-regulated wetlands.

This training course is designed to help you through the 404 permitting process, from initial determination of whether your project requires a 404 permit, to understanding which type is required and practical approaches for obtaining the permit. Case studies, used throughout the training course provide pertinent examples of 404 permitting for a variety of public and private projects. Time is allocated for discussion of how to best meet permitting requirements in various scenarios, and local guest speakers often participate. The ability to work with regulatory officials from the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Fish and Wildlife Service is stressed as an essential part of the permitting process.

Some of the topics this training course will cover include:

• Identification of wetlands and why their protection is important
• How to tell when 404 permits are required and when they may be avoided
• Different types of 404 permits and the specific processes involved in obtaining each
• Recommendations for successful maneuvering through the permitting process
• Technical aspects of wetland creation and mitigation
• Incorporation of wetlands into project planning
• Local definitions of wetlands
• Mitigation banking
• Numerous examples of 404 permitting in recent public and private projects
• Insights into the evolution of the program brought about by court cases, executive branch decisions, and regulatory changes.
• Discussions include recent Supreme Court decision on Isolated Wetlands.

Seminar Benefits

• Stay on top of the wetlands regulatory process and learn about current legislation and recent changes to wetlands permitting
• Examine the types of 404 permits and the specific process involved to obtain each
• Learn ways to legally avoid or simplify 404 permitting.
• Learn how to identify wetlands and why wetlands protection is important
• Get practical advice on getting through the permitting process
• Get an update on the never-ending delineation controversy
• Track the evolution of the Tulloch Rule

Who Should Attend

This seminar is for those involved in issues of land—use engineers, attorneys, scientists, planners and developers as they are likely to confront wetlands issues and 404 permitting. While content is generally geared for the project planner with limited knowledge of wetlands, the seminar benefits those at various levels of experience and expertise.

Summary Outline

What are Wetlands?

• Why wetlands protection is important

How are Wetlands Delineated?

• Delineation of jurisdictional wetlands
• Changing delineation criteria

Section 404 and Wetlands Regulations

• Scope of Section 404 of Clean Water Act
• White House policy initiatives
• Roles of government agencies
• Types of permits
• Review of permit decisions
• Use of the new nationwide permits
• Related environmental laws
• Enforcement
• Defenses to regulation of enforcement
• Hallmark cases

404 Permitting Process

• Jurisdictional determination
• Permitting strategies and approaches
• Recent court cases and pending legislation
• Insights into perspective of Army Corps of Engineers
• Step-by-step through the permitting process
• Recommendations on successful permitting
• Planning 404 permitting in projects
• Example permits/projects
• Future Changes

Wetlands Restoration, Creation and Uses

• Mitigation banking
• Required mitigation process
• Mitigation alternatives
• Design and construction of multiple-use replacement wetlands
• Wetlands monitoring
• Example projects