Jurisdictional Determination (JD).
Hart & Hickman evaluated a 0.52 acre man-made pond located adjacent to a stream in Charlotte.The Corps initially determined that the pond was hydraulically connected to the stream.Hart & Hickman appealed the original JD on the grounds that the pond base elevation was approximately eight ft higher than the adjacent stream water level.Therefore, the pond and the stream are not hydraulically connected and the Corps reversed the original JD.

JD and Nationwide Permit (NWP).Hart & Hickman conducted a wetland delineation of a 16 acre site in Charlotte for a proposed high density residential development.Although the wetland area only totaled 0.6 acres, the wetland was a relatively high quality forested seepage wetland.H&H worked with the developer, civil engineer, and the regulators to prepare a site design that would save a substantial portion of the wetlands while allowing for the development to occur.By the use of retaining walls and careful placement of access roads, over 50% of the wetlands were saved.The wetland area is being used as greenspace in the residential development.Hart & Hickman obtained a Corps 404 Nationwide Permit 29 and the corresponding NC DENR 401 Water Quality Certificate, and all parties were satisfied with the outcome.

JD and NWP.  Hart & Hickman obtained a JD and NWP 39 to impact 0.123 acres of wetlands and 290 linear ft of stream for a commercial development in Charlotte.  Initially, the Corps issued a NWP permit requiring that the developer mitigate for the stream impacts.  H&H demonstrated to the Corps that the stream had limited functionality and the Corps reissued the NWP without stream mitigation requirements.  This saved the developer approximately $70,000.

Protected Species Surveys and Historic Resource Inquiries.Many of Hart & Hickman's clients request diligent environmental site assessment (ESA) efforts so that projects with multi-million dollar investments are not delayed or deterred by environmental matters.One of our clients is Lowe's Home Centers, Inc.Lowe's demands quality and thoroughness from its consultants.Lowe's has internal guidance that goes beyond the ASTM Standard.The Lowe's guidance requires checks for asbestos, lead-based paint, historic sites, protected species, wetlands, water supply watershed restrictions, etc.H&H has completed hundreds of ESAs for Lowe's.For each Lowe's project, H&H conducts a site-specific protected species survey and a review for recorded historic sites.These surveys include written correspondence to the US Fish & Wildlife Service, NC Wildlife Resources Commission, and NC State Historic Preservation Office.

NWP.Hart & Hickmanobtained JD and NWP 29 to impact 0.246 acres of forested seepage wetlands and 490 linear ft of stream for residential development of a 57 acre site in Charlotte. Multiple streams were present on the project site.H&H demonstrated to the Corps that both important and unimportant streams were present in the project area based on the presence and absence of benthic organisms.Then, H&H worked with the developer to save the important stream areas.Ultimately, Hart & Hickman was able to develop a plan that impacted only unimportant streams.The Corps agreed and issued the NWP 29 to impact 490 ft of unimportant streams.