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GordonDerr delivers a complete range of services and counsel to help clients meet challenges and opportunities created by local, state, and federal laws for the protection and preservation of wetlands.
In addition to providing strategic advice, the Firm helps coordinate work involving multiple regulatory agencies; consults, assists, advocates and appeals wetland permits; and defends against citizen and government enforcement actions.
- Individual 404 and nationwide permits
- Wetland mitigation, restoration, and preservation projects
- Wetland mitigation banking
- Preparation of practicable alternatives analyses under section 404(b)(1) guidelines
- 401 water quality certification orders
- Federal wetland jurisdictional determinations and appeals
- Isolated wetlands, prior converted croplands, and farmed wetlands
- Led effort to obtain individual 404 Permit to fill 18 acres of wetlands for thoroughbred race track, including analysis of alternative locations throughout Western Washington. Negotiated mitigation plan with local, state, and federal agencies involving 57-acre offsite mitigation site.
- Successfully appealed federal wetland jurisdictional determination for large residential master plan development, establishing isolated wetlands under SWANCC.
- Obtained Prior Converted Cropland status for clients developing projects on Kent agricultural lands.
- Successfully resolved wetland administrative order brought by EPA against developer of large lot subdivision. Negotiated settlement agreement involving multiple agencies and private lot owners, which provided for additional wetland fill with an extensive plan for mitigation, restoration and preservation of wetlands. Work involved negotiations with U.S. Army Corps for Nationwide Permit 32, Washington Fish and Wildlife for after-the-fact HPA, and county agency for after-the-fact shoreline permit.
- Advised developer of wetland mitigation bank in land use entitlement process and preparation of Banking Instrument
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