regulatory compliance/permitting
In today’s regulatory environment, most development projects require environmental permitting. SME has more than twenty years of experience assisting clients in obtaining various types of approvals. SME has established a professional working relationship with regulatory agencies based upon technical excellence and a thorough understanding of regulatory processes. The firm is especially skilled in Clean Water Act (CWA) §401 and §404 regulatory permitting/compliance, National Environmental Policy Act of 1969 (NEPA) compliance, and Endangered Species Act of 1973 (ESA) compliance.
CWA Section 401
Under Section 401 (Water Quality Certification) of the CWA, all applicants for a permit for an activity that may result in the discharge of a pollutant into waters of the US must obtain a certification that the discharge will comply with applicable effluent limitations and water quality standards. Applications for water quality certifications are reviewed by states, Tribes, and/or the US Environmental Protection Agency (EPA). SME staff assists clients in determining when 401 Water Quality Certification is needed and manages the certification procurement process.
CWA Section 404
For projects with unavoidable impacts to jurisdictional waters of the US, it is necessary to obtain a permit from the US Army Corps of Engineers (USACE) and/or EPA. The specific type of permitting required will depend on the extent of the proposed impacts. The most common type of permit issued by the USACE is a Nationwide Permit. Projects with extensive impacts may require an Individual Permit, which includes review by adjacent land owners, US Fish & Wildlife Service (USFWS), EPA, and any other interested government agencies and members of the general public. The type of permitting required will determine
project costs and mitigation requirements.
National Environmental Policy Act
If a project involves federal funding, action or approval, the project actions must go through the “NEPA process.” NEPA requires developers (i.e. residential, commercial, oil and gas explorations) to take into consideration the impacts actions may have on the social, economic and physical environment; and to consider alternatives and present all findings to a regulatory agency for approval. SME staff will coordinate with applicable federal, state and local agencies, as well as public interest groups, to ensure the project’s compliance with NEPA. This includes data collection and report preparation to support baseline description, impact assessment, and mitigation planning for Environmental Assessments (EA), Environmental Impact Reports (EIR) and Environmental Impact Statements (EIS).
