May 11, 2011
David Flick, Principal and Founder of Terra Technologies formally advises clients of dire challenges ahead in obtaining Section 404 and 401 permits for the impoundment of waters for the creation of recreation lakes. After application of the Kansas and Missouri Stream Mitigation Methods, an extensive amount of stream mitigation credits must be purchased or created in satisfaction of Clean Water Act regulations. A recent public comment issued by the Missouri Department of Conservation in response to a 404 permit application from a citizen for a private 25-acre recreation lake in an upland setting stated, “Mitigation should account that the function and value of the ecological services provided by one linear foot of stream greatly outweighs one linear foot of a lakeshore created.” Ironically, the agency failed to mention their role in the creation of a multitude of lakes across the state over the last 50 years, most of which required no formal mitigation. This philosophy is mirrored by other commenting agencies including state departments of natural resource and the US Environmental Protection Agency. The perspective obviously ignores the creation value of a higher order aquatic resource enjoyed by all citizens for fisheries on public and private lakes.
Based on this trend, clients are advised to purchase land with existing lakes in place and plan on required restoration activities including dredging and dam reconstruction to meet modern civil development code. The restoration of existing lakes, to date, is not accompanied by a requirement for the purchase of mitigation credits. Permit authorizations can be issued by the Corps of Engineers and state departments of natural resource to improve existing lakes for a variety of purposes.
The scientists and engineers at Terra Technologies assist clients with compliance matters associated with Clean Water Act Section 404 and 401 permits. For more information, contact your local office of Terra Technologies Inc.
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