Wetlands Consulting

Myers Construction Solutions has the technical expertise and regulatory knowledge to meet our clients' needs in maintaining compliance with the ever-changing regulatory environment. Myers Construction Solutions conducts wetland delineation, and provides evaluations, mitigation and management services. Myers Construction Solutions has unparalleled expertise and experience in evaluating freshwater and estuarine wetland environments, and finding cost effective solutions to not only solve clients problems, but provide benefits to our natural resources. Our long-term relationships with local, state and federal regulatory agencies can assist in resolving clients' needs. In addition to providing consultation on existing wetlands, Myers Construction Solutions can assist in establishing wetland mitigation banks.

US Army Corp of Engineers Sections 10 and 404, Regional Water Quality Control Board Section 401 Permits and California Department of Fish and Game 1600 Streambed Alteration Agreements U.S.

Army Corps of Engineers (USACE) Section 10 of the Rivers and Harbors Act Permit is required for all work or structures in, over or under navigable waters of the United States. Under Section 404, a Corps permit is required for the discharge of dredged or fill material into waters of the United States. The definition of Jurisdictional wetlands has recently changed, and can be confusing as to whether "significant nexus" exists and a wetland permit is required.

Water bodies and wetlands classified as jurisdictional are subject to the Corps' Section 404 regulatory authority, and in California require a 401 CWA Water Quality Certification from the Regional Water Quality Control Board (RWQCB). For work conducted within designated channels, a Fish and Game Code Section 1600 Streambed Alteration Agreement is typically required. Myers Construction Solutions has extensive experience coordinating with the Army Corps of Engineers on jurisdictional wetland delineations and verifications, coordination with other state and local agencies such as the State Lands Commission and local Reclamation Board, and submittal of Nationwide and Individual permits. In addition, we have successfully negotiated compensatory mitigation plans to the mutual benefit of both the regulatory agencies and clients alike.

Section 404 Wetlands Mitigation Monitoring Plan (MMP)

Myers Construction Solutions is experienced in preparing formal MMPs to meet the USACE guidelines as part of the Section 404 application. Our staff has years of experience constructing and managing mitigation areas, assessing habitat types, functions, values, and realizing the mitigation goals. The MMP includes descriptions of proposed restoration activities including jurisdictional acreage to be created, native plant palette and planting scheme, preservation of existing critical habitats, proposed maintenance and management activities, monitoring plan outlining the final success criteria for the restored areas, performance criteria and monitoring methods, and contingency remedial actions.

Establishing Wetland Mitigation Banks

Navigating the maze of regulatory requirements involving wetlands can not only be time consuming but costly. Clean Water Act Section 404 Compensatory Mitigation Requirements governed by the U.S. Army Corps of Engineers requires compensation or "mitigation" for impacts to jurisdictional wetlands. With the recent June 5, 2007, guidance by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers in an effort to clarify Clean Water Act (CWA) jurisdiction following the U.S. Supreme Court's decision in the consolidated cases Rapanos v. United States and Carabell v. United States, what constitutes a jurisdictional wetland has become even more confusing for many. Trying to decide whether your wetland is considered a "navigable waterway" or has "significant nexus" can mean the difference in hundreds of thousands or millions of dollars in mitigation fees. Myers Construction Solutions has successfully coordinated directly with regulatory agencies such as the Army Corps of Engineers, US Fish and Wildlife Service and Department of Fish and Game on mitigation plans, managed construction of wetlands and mitigation habitats, and conducted annual vegetation monitoring to fulfill the Army Corps of Engineers requirements for 404 permits. Myers Construction Solutions Inc. can take care of your mitigation requirements from permitting to actual construction of the habitats.

As a result of the Clean Water Act of 1972 and the "No net loss of wetlands" ruling, impacts to jurisdictional wetlands must be compensated or mitigated for. Myers Construction Solutions not only has years of experience in permitting, design, construction and management of wetland mitigation banks, we have partnered with willing landowners throughout California and Oregon on which to create mitigation habitats necessary to fulfill clients USACE 404, DFG 1600 and other habitat impacts. Finding properties within your sphere of impact with the appropriate soils, geology, hydrology and microclimates to fulfill your mitigation requirements can be a very time consuming and costly endeavor. Myers Construction Solutions and our partners The Ranchers Group and Wilderness Unlimited can eliminate the largest expense related to mitigation, which is locating and purchasing property for your mitigation needs. By partnering with willing landowners on nearly 250,000 acres throughout California and Oregon, we can fulfill most of your mitigation obligations.