Wetlands and Environmentally Sensitive Properties
Wetlands permitting requirements can hinder a development project and can be an endless process that devours potential profits and gnaws away at the project design. Violating or ignoring wetlands permit requirements can lead to significant penalties and onerous restoration obligations. Beveridge & Diamond, P.C. has substantial experience with the federal wetlands program under Section 404 of the Clean Water Act and comparable state programs. Examples of our work with wetlands and environmentally sensitive properties include:
- The Firm served as counsel for the developer of the Chapman's Landing planned project on the Potomac River in Calvert County, MD. The developer had received its Section 404 wetlands permits and other approvals from the Army Corps of Engineers and other agencies. The Firm successfully defended the permits against a challenge from Sierra Club and local groups in the federal district court.
- Significant involvement with VaDEQ and the Chesapeake Bay Watershed Resource Protection Area (RPA) program representing the development community in a variety of matters, including: challenges to RPA designations, RPA expansions and RPA encroachments; wetland delineations; development of Water Quality Impact Assessments (WQIAs); wetland mitigation feasibility studies; preliminary wetland mitigation design (non-engineering); federal and state listed endangered species assessments; stream assessments for development mitigation and enforcement restoration purposes; water quality monitoring and modeling; construction erosion and sediment control compliance monitoring and reporting; and performance of Phase I ESAs (non-industrial).