WETLANDS

The USACE defines wetlands as “areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Wetlands generally include swamps, marshes, bogs, and similar areas” (33 CFR 328.3). Wetlands are valuable resources that provide filtration, flood storage, and habitat for a variety of species. Click here to learn more about why wetlands are valuable.

Three criteria are used to evaluate the presence of wetlands: hydrophytic vegetation, hydric soils, and wetland hydrology. All three criteria must be met for an area to be identified as a wetland subject to regulatory jurisdiction under Section 404 of the Clean Water Act (CWA). In certain instances, the United States Army Corps of Engineers (USACE) may not claim jurisdiction over wetlands that are isolated from jurisdictional waterways. However, isolated wetlands may be regulated by state environmental agencies. For example, isolated wetlands are regulated by the Indiana Department of Environmental Management (IDEM) under Indiana’s (2004) State Isolated Wetlands Law (IC 13-18-22).

The presence of hydrophytic vegetation, according to USACE, is “readily observable evidence that episodes of inundation or soil saturation lasting more than a few days during the growing season have occurred repeatedly over a period of years and that the timing, duration and frequency of wet conditions have been sufficient to produce a characteristic wetland plant community and hydric soil morphology.”

Hydrophytic vegetation is classified under several subcategories that include Obligate Wetland, Facultative Wetland, Facultative, Facultative Upland, and Upland. Plants are classified based on the estimated probabilities of a particular species occurring in wetland conditions. VET’s formal wetland delineations assess the dominance and frequency of each of the following subcategories to determine if hydrophytic vegetation is present at your property:

• Obligate Wetland (OBL) – Occur almost exclusively in wetland areas under natural conditions (estimated probability >99%).

• Facultative Wetland (FACW) – Usually occur in wetlands but occasionally occur in non-wetland (upland) areas (estimated probability 67% to 99%).

• Facultative (FAC) – Equally likely to occur in both wetland and upland areas (estimated probability 33% to 67%).

• Facultative Upland (FACU) – Usually occur in upland areas, but occasionally occur in wetlands (estimated probability 1% to 33%).

• Obligate Upland (UPL) – Occur almost always in upland areas (estimated probability >99%).

Click here to explore the USACE’s National Wetland Plant List.

According to USACE, hydric soils are soils that “formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.” Soils must be flooded, ponded or saturated for at least one week during the growing season when soil temperatures exceed 41˚F. Anaerobic (oxygen deficient) conditions cause changes in the soil matrix color, mottling, structure, and chemistry. These properties are used to identify hydric soils from non-hydric soils.

For more information on hydric soils, click here to visit the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) hydric soils website.

According to USACE, “wetland hydrology indicators provide evidence that the site has a continuing wetland hydrologic regime and that hydric soils and hydrophytic vegetation are not relics of a past hydrologic regime.” Wetland hydrology is defined as the presence of water for a significant period of time at or near the surface during the growing season. If during the field investigation there is no evidence of water at the surface (12” to 18” below ground surface), wetland indicators (primary and/or secondary) may confirm periodic wetland hydrology.

Click here for more information on the three characteristics of wetlands.

Publicly available, readily accessible data for wetlands, such as the National Wetlands Inventory (NWI), is not 100% accurate. In VET’s experience, wetland area published by NWI is typically less extensive than wetlands identified by formal field delineation methodology. If you are planning to develop a property that has potential wetlands on-site, you will need to formally identify and subsequently delineate the extent of the wetlands to assess whether your project will require permitting.

If previous environmental investigations at your property identified potential wetlands, or if you know there are mapped or suspected wetlands on the property, VET can conduct a formal wetland delineation at your property to quantify both the acreage of wetlands and the potential impacts from your project. VET will evaluate selected wetland data points for all three wetland criteria (hydrophytic vegetation, hydric soils, and wetland hydrology). VET’s wetland delineations use a combination of desktop reconnaissance and field investigation to provide you with the highest quality descriptions, quantifications, and visual displays of regulated wetlands on your property.

Impacts to wetlands require permitting through USACE and/or state agencies. In order to know if regulated wetlands are located on your site, you must conduct a formal wetland delineation.

Click here for further information from the United States Department of Agriculture on wetland delineations.

VET will complete desktop reconnaissance and field investigations at your property within two weeks of contracting the work for most projects. VET will conduct analysis of the desktop reconnaissance and field investigations to provide you with a technical and easily digestible report, complete with visual aids to enhance your understanding of VET’s work and recommendations. VET can deliver the finalized report to you within three weeks of contracting the work for most projects. We understand that each project is different and will work with you on a timeline that meets your needs and makes sense for you.

Once we have completed the wetland delineation, VET will guide you through the permitting process with the appropriate regulatory agency. Click here for the documentation provided by the United States Environmental Protection Agency on the permitting associated with the Clean Water Act.

If you are planning to develop a property and regulated wetlands are present, permitting and compensatory mitigation may be required through the United States Army Corps of Engineers (USACE) and/or the Indiana Department of Environmental Management (IDEM). USACE and IDEM permits are required for any work in jurisdictional waters, including regulated wetlands. IDEM issues Section 401 Water Quality Certifications (401 WQC) for work impacting wetlands, streams, rivers, lakes, or other waters of the United States (WOTUS). USACE issues Section 404 Dredge and Fill Permits. In most cases where WOTUS will be impacted, both state-specific (401 WQC) and USACE permits are required. If you are located outside of Indiana, we will assist you in meeting your state-specific requirements. As part of VET’s formal wetland delineation report, VET will work with you to understand potential permitting requirements. Permitting requirements will depend on the results of the wetland delineation and your development plans at the property. Click here for information from the United States Army Corps of Engineers on obtaining a permit.

If VET’s wetland delineation concludes that development plans at your property need a permit through the USACE or a state regulatory authority, VET will work with you to prepare a permit application. VET understands the dynamic nature of development projects and will prepare a plan to meet your needs. During the permit preparation process, VET may need additional information from you, so it is advisable to designate a contact person for the project who can provide swift feedback to VET if needed.

Once VET submits the USACE and state-specific permit applications, the USACE and state agency conduct a public interest review to include consideration of federal, state, and local agencies, as well as interest groups and the general public. VET coordinates with USACE and stakeholders to reduce the stress of the permitting process for our clients. The timeline to prepare the application and the extent of the USACE and state review varies greatly depending on the type and scope of work planned at the property and the extent of potential impacts. We recommend you call us as early in the process of your project as possible to get started!

Click here for more information provided by the United States Environmental Protection Agency on compensatory mitigation regarding the loss of aquatic resources.