Current through September 21, 2024
This section applies to the process for approving mitigation
for activities that cause the destruction, damage, or impairment of naturally
occurring isolated wetlands or man-made isolated wetlands used to mitigate the
loss of naturally occurring wetlands.
(a) Point source discharge activities
required to file mitigation plans. Any person who proposes a point source
discharge of dredged or fill material into a naturally occurring isolated
wetland or man-made isolated wetland used
to mitigate the loss of a naturally occurring wetland in such a manner that
causes the loss or destruction of greater than a cumulative one (1) acre of
wetland habitat for the total project shall file with the administrator a
notice of intent for coverage under an isolated wetlands mitigation general
permit and a mitigation plan designed to offset the loss of wetland functions
and values. Such notices of intent and mitigation plans must be filed and
approved by the administrator prior to the commencement of the activity which
will cause the wetland loss. Those activities which are subject to a permit or
authorization from the U.S. Army Corps of Engineers pursuant to Section 404 of
the CWA or mining activities subject to a permit or authorization from the
Wyoming Department of Environmental Quality, Land Quality Division are exempt
from this requirement.
(b)
Mitigation plan contents and area of impact. Mitigation plans submitted to the
administrator under this section shall contain the following information:
(i) Name and address of the
applicant;
(ii) Location and
description of the isolated wetland that will be impacted, including the area
of impact in acres, type of wetland, probable functional values, and source of
water;
(iii) Delineation of the
impacted wetland using the U.S. Army Corps of Engineer's 1987 wetland
delineation manual including maps, drawings, data sheets and
conclusions;
(iv) Name(s) and
address(s) of adjacent property owners who may be affected by the
activity;
(v) Description of the
activity causing the wetland impact;
(vi) Description of actions to be taken to
fully offset damage to the impacted wetland;
(vii) Where the proposed mitigation involves
the construction of replacement wetlands or the enhancement of existing
wetlands the location and description of the mitigation area including the name
and address of the landowner, construction plans, ma ps, water sources and
construction time tables;
(viii)
Where the proposed mitigation involves the use of wetland credits recorded in
the "Wyoming Statewide Wetland Mitigation Bank" a written authorization signed
by the credit owner referencing the wetland credit file number and the amount
of credit authorized for use;
(ix)
List of related permissions and/or authorizations necessary to successfully
complete the planned mitigation including but not limited to water rights,
easements, and associated federal, state or local permits.
(c) Access to physical locations associated
with the permit. If requested by the administrator or the administrator's
authorized agent, the permittee shall provide access to, physical locations
associated with this permit including, but not limited to, any waters of the
state associated with the permit at the point of discharge.
(d) Criteria for approval of mitigation plans
under a general permit.
(i) The administrator
shall approve all mitigation plans utilizing Wyoming Wetland Banked Credits in
accordance with the "Wyoming Statewide Wetland Mitigation Bank -Guidelines for
Interpretation and Implementation," April 1995;
(ii) The administrator shall approve all
mitigation plans involving the creation of new replacement wetlands, the
restoration of degraded wetlands, or the enhancement of existing wetlands that
are not recorded in the Statewide Wetland Mitigation Bank but meet the
substantial elements of the wetland banking guidelines;
(iii) The administrator may approve types of
mitigation other than those described in the April 1995 Wetland Mitigation Bank
Guidelines on a case-by-case basis after consideration of the ecological
function and wetland value of the impacted wetlands and the net environmental
benefit of the proposed mitigation. Such types of mitigation may include but
are not limited to the acquisition of conservation easements, contributions to
specific private or public habitat improvement projects, or modifications to
the geographic and ecological limitations expressed in the wetland banking
guidelines.
(e)
Processing of notices of intent. Processing of notices of intent shall be in
accordance with the procedures outlined in Section 4(f) of these
regulations.
(f) Permit by rule.
Discharges of dredged or fill material into naturally occurring isolated
wetlands or man-made isolated wetlands used to mitigate the loss of naturally
occurring wetlands which cause the loss or destruction of one acre or less of
wetland habitat for the total project are permitted by rule in accordance with
the following requirements:
(i) There shall
be no discharge of solid wastes (as defined in Chapter 1, Section 1 [f] of the
Department's Hazardous Waste Management Rules and Regulations), hazardous
wastes, hazardous materials, hazardous constituents, radioactive material or
any toxic substance.
(ii) This
permit by rule is not applicable to those activities which are subject to a
permit or authorization from the U.S. Army Corps of Engineers pursuant to
Section 404 of the CWA or mining activities subject to a permit or
authorization from the Wyoming Department of Environmental Quality, Land
Quality Division.
