Find Our FAQS Here
1.Question: Forested wetlands are located in the lowest area of our proposed residential project site. Can we design our stormwater management system in such a way that all stormwater will be directed to and detained in the existing wetlands?
Answer: Using natural wetlands to perform the typical functions of stormwater detention and retention basins is generally not permissible unless the design incorporates necessary features that would provide reasonable assurances that the functions and values of the wetland are not degraded. For instance, it is important to consider ways that the hydroperiod of the wetland will not be changed significantly. Also, “pre-treatment” best management practices should be placed upstream of the wetlands to ensure that water quality is not degraded. Regulations regarding the use of wetlands for stormwater management vary from state to state.
2.Question: I intend to buy a commercial property and my lender is requiring a Phase I Environmental Site Assessment. Is this necessary?
Answer: A Phase I Environmental Site Assessment (ESA) is an industry-standardized process whereby information is gathered and assessed for the purpose of rendering a professional opinion about the environmental condition of a property. When information indicates that a property may be affected by a release of a contaminant, this is may be flagged as a “Recognized Environmental Condition”, or REC. A Phase I ESA can afford a landowner to claim the “innocent landowner” exemption after property acquisition if an environmental liability is discovered.
3.Question: I was told that wetlands on my farm are no longer regulated as a result of the U.S. Supreme Court decision Sackett v. EPA. Is that true?
Answer: While the Court’s decision drastically reduced the acreage of wetlands regulated by the Clean Water Act, if the wetland is “adjacent” (adjacency has numerous definitions) to a navigable waterway or another “Water of the U.S.” (WOTUS), then it is very likely a WOTUS also. It is important to know that non-federally-regulated wetlands, often called “isolated” wetlands, are likely regulated under state isolated wetlands programs – Ohio and Indiana have well-established programs.
4. Question: My partners are seeking federal funding for a senior living development project. We are being asked to determine how our project could affect federally-protected species. Why does this entail?
Answer: The federal Endangered Species Act affords protections for “listed” threatened and endangered species (plant and animal species on the list change from time to time and vary from state to state). Federal agencies, such as Housing and Urban Development, for example, must be assured that by approving a grant or loan, a project won’t affect a listed species. An “affects determination” requires coordination with the U.S. Fish and Wildlife Service and parallel state agencies to determine how a project might negatively affect a protected species both during construction and during operation following construction.
Find Our FAQS Here
1.Question: Forested wetlands are located in the lowest area of our proposed residential project site. Can we design our stormwater management system in such a way that all stormwater will be directed to and detained in the existing wetlands?
Answer: Using natural wetlands to perform the typical functions of stormwater detention and retention basins is generally not permissible unless the design incorporates necessary features that would provide reasonable assurances that the functions and values of the wetland are not degraded. For instance, it is important to consider ways that the hydroperiod of the wetland will not be changed significantly. Also, “pre-treatment” best management practices should be placed upstream of the wetlands to ensure that water quality is not degraded. Regulations regarding the use of wetlands for stormwater management vary from state to state.
2.Question: I intend to buy a commercial property and my lender is requiring a Phase I Environmental Site Assessment. Is this necessary?
Answer: A Phase I Environmental Site Assessment (ESA) is an industry-standardized process whereby information is gathered and assessed for the purpose of rendering a professional opinion about the environmental condition of a property. When information indicates that a property may be affected by a release of a contaminant, this is may be flagged as a “Recognized Environmental Condition”, or REC. A Phase I ESA can afford a landowner to claim the “innocent landowner” exemption after property acquisition if an environmental liability is discovered.
3.Question: I was told that wetlands on my farm are no longer regulated as a result of the U.S. Supreme Court decision Sackett v. EPA. Is that true?
Answer: While the Court’s decision drastically reduced the acreage of wetlands regulated by the Clean Water Act, if the wetland is “adjacent” (adjacency has numerous definitions) to a navigable waterway or another “Water of the U.S.” (WOTUS), then it is very likely a WOTUS also. It is important to know that non-federally-regulated wetlands, often called “isolated” wetlands, are likely regulated under state isolated wetlands programs – Ohio and Indiana have well-established programs.
4. Question: My partners are seeking federal funding for a senior living development project. We are being asked to determine how our project could affect federally-protected species. Why does this entail?
Answer: The federal Endangered Species Act affords protections for “listed” threatened and endangered species (plant and animal species on the list change from time to time and vary from state to state). Federal agencies, such as Housing and Urban Development, for example, must be assured that by approving a grant or loan, a project won’t affect a listed species. An “affects determination” requires coordination with the U.S. Fish and Wildlife Service and parallel state agencies to determine how a project might negatively affect a protected species both during construction and during operation following construction.