Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 2 - DISCHARGES, PERMIT REGS › Section 2-7 - Isolated Wetlands -Mitigation Requirements

Current through July 13, 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.