The United States Congress, recognizing the potential for continued or accelerated degradation of the nation's waters, enacted the Clean Water Act, formerly known as the Federal Water Pollution Control Act (33 U.S.C. 1344). The objective of this act is to maintain and restore the chemical, physical, and biological integrity of the waters of the United States. Section 404 of the act authorizes the Secretary of the Army, acting through the Chief of Engineers, to issue permits for the discharge of dredged or fill material into the waters of the United States, including wetlands.

In order to comply with Section 404 of the Clean Water Act, companies or landowners conducting activities in or around wetland areas must know their boundaries in order to obtain the proper permits for these activities, as well as to mitigate for any impacts to wetland areas.

What classifies an area as a wetland?

For an area to be classified as a "wetland," it must meet the following criteria:

1. Over 50% of the dominant vegetation in the area has to consist of hydrophilic species, which are species that have the ability to grow, effectively compete, and reproduce in wetland areas.
2. Soils in the area have to be classified as hydric, or they must possess characteristics that are associated with reducing soil conditions normally present in wetland areas.
3. Wetland hydrology must be present in the area. The area must be inundated or saturated to the surface at some time during the growing season of the prevalent vegetation.

How can DESCO help you?

DESCO offers a variety of services related to wetland areas, including:

• Wetland Delineation - DESCO's personnel are trained to perform wetland delineations, according to guidelines set forth by the United States Army Corps of Engineers (USACOE). Our ecologists will conduct a study of the subject area to determine if it is a wetland, based on the above-listed parameters. We will also identify the upland extent of each wetland.
• Wetlands Permitting - DESCO can assist companies with agency permit applications for work in or around wetland areas. Our staff will compile the information necessary for appropriate agency review of project operations, as well as file the necessary permit documentation to allow work to proceed in the subject area(s).
• Wetland Remediation/Mitigation Planning, Design, and Construction - DESCO can develop remediation/mitigation proposals and construct remediation/mitigation projects to compensate for any impacts that occur in wetland areas as a result of development or exploration activities. Our biologists/ecologists will make recommendations on how to repair damaged areas in the least invasive method possible. We can develop off-site mitigation plans if the impacted area itself cannot be repaired.
• Wetland Monitoring– DESCO can provide monitoring and oversight of projects conducted in wetland areas to assure permit compliance. In addition, our biologists can monitor mitigation and/or remediation projects to determine success.
• Wetland Mitigation Banking – Mitigation banks are wetland areas that landowners or sponsors have taken upon themselves to restore, enhance, or create for preservation purposes, with the intent to sell credits to clients needing to satisfy compensatory mitigation requirements. Credits sold cannot be used for any type of activities that could potentially impact the area in a negative manner. The landowner or sponsor is responsible for maintaining the area in perpetuity. DESCO’s ecologists can develop proposals for landowners or sponsors who wish to convert property into sites that can be used to satisfy regulatory requirements for compensatory mitigation (i.e. mitigation bank proposals), as well as take all steps necessary to gain agency approval. Our staff can market mitigation credits to potential clients, record all mitigation bank transactions, conduct quarterly monitoring, and assure that success criteria are being met.

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Mitigation banks currently available through DESCO

DESCO is presently marketing one mitigation bank which is available for credit sales, the "Petit Bois Mitigation Area." It consists of 150 acres of bottomland hardwood and fresh marsh located in Lafourche Parish, Louisiana, in the Barataria-Terrebone Basin. **See News Page for Available Mitigation Bank Credits**