By - Jon Brown

Endangered Species Act, Wetlands, Stormwater & Floodplain Regulatory Compliance for Energy and Utilities
July 10-11, 2019 | Denver, CO

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Overview

Environmental permitting affects many utility projects in the United States. Often, these processes impose delays, constraints and additional costs that are not anticipated by the project team. The goal of this course is to provide attendees with a broad understanding of many of the commonly encountered permitting processes associated with construction, maintenance and operational activities.

This course will strive to inform attendees of when permitting may be necessary and to provide an understanding of the process for navigating these permitting processes. Relying on experience working on hundreds of previous projects on these subjects, course instructors will provide case studies to highlight lessons learned and successful approaches. An additional goal of this course will be to provide attendees with tools to make environmental permitting a more efficient component of their organization’s project management.

Learning Outcomes

  • Identify utility and energy project activities that are likely to “trigger” environmental regulation under Clean Water Act, Endangered Species Act, National Environmental Policy Act, and floodplain law
  • Discuss the basis and intent of these regulations
  • Develop approaches to minimize regulatory burden through project modification
  • Create permitting timelines for projects
  • Access resources that can help navigate environmental permitting
  • Engage in opportunities to influence regulations and policy
  • Discuss how to manage consultants assisting with regulatory compliance
  • Discuss in-depth the following regulations:
    • Clean Water Act (CWA)
    • Endangered Species Act (ESA)
    • Floodplain Regulations
  • Review case studies related to Sections 402 and 404 of the Clean Water Act and the ESA
  • Apply regulatory knowledge in the field during a site visit

Credits

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EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.5 CEUs for this event.

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

PowerPoint presentations will be used in this program. 

Agenda

Wednesday, July 10, 2019

7:30 – 8:00 a.m. :: Registration & Continental  Breakfast

8:00 a.m. – 5:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Group Luncheon


Clean Water Act

  • History of the Federal Clean Water Act
  • Jurisdiction: Geographic extent of Waters in the U.S.
    • 33 CFR 328.3
    • Types of waters that may be Waters of the U.S.
      • Open waters
      • Wetlands
        • USACE methodology
    • Migratory Bird Rule
    • U.S. Supreme Court decisions in Rapanos v. U.S. and SWANCC v. U.S.
      • 2008 USACE and USEPA guidance on jurisdictional extent of Waters of the U.S.
    • 2015 Clean Water Rule defining the extent of Waters of the U.S.

Section 404 Overview

  • Federal agencies administering Section 404 program
    • U.S. Army Corps of Engineers (USACE)
    • U.S. Environmental Protection Agency (USEPA)
  • Components of a regulated activity
    • Geographic extent – Waters of the U.S.
    • Discharge of fill into Waters of the U.S.
  • Authorization opportunities
  • Discharges trigging Section 404 regulation
    • Below ordinary high water mark or in wetland area
    • Excavation-Tulloch Rule
    • Temporary vs. permanent discharges
    • Consideration of non-discharge related impacts
  • Exempt activities
    • Agricultural and maintenance

Authorization Opportunities for Regulated Activities

  • Nationwide permits (NWPs)
    • NWPs used by utility fields
    • Special considerations for linear projects
    • General conditions
      • Endangered Species Act
      • National Historic Preservation Act
    • Pre-construction notification
    • Regional conditions
  • Individual permits
    • Application process
    • Review process
    • National Environmental Protection Act compliance
    • Public and interagency comment period
    • Alternatives assessment
  • Mitigation of impacts
    • Onsite
    • Offsite
    • Mitigation bank

Violations, Non-Compliance and Enforcement Actions


Endangered Species Act

  • Federal agencies administering ESA
    • U.S. Fish & Wildlife Service (USFWS)
    • National Oceanic and Atmospheric Administration (NOAA)
  • What it protects
    • Threatened species
    • Endangered species
  • Activities it regulates
    • Prohibits “take” of listed species
    • Harass
    • Harm
    • Pursue
    • Hunt/shoot/wound/kill/trap
    • Habitat modification
    • Habitat degradation
  • Projects with other Federal agency action- section 7 of the ESA
  • Projects without other Federal agency action- Sections 9 and 10 of the ESA
  • Penalties for non-compliance

Threatened and Endangered Species

  • Process for listing
    • Species of animals (including invertebrates) and plants
    • Threatened vs. endangered
      • Habitat loss
      • Overutilization
      • Disease or predation
      • Inadequacy of existing regulations
      • Natural or manmade factors affecting survival
    • U.S. vs. international species
    • Petition vs. candidate assessment process
  • Critical Habitat Designation
    • Based on scientific information
    • Accounts for economic impacts
  • Reoccurring review
    • Change in listing status
      • Up-listing
      • Down-listing
      • Delisting
    • Change in identified critical habitat

Project ESA Compliance

  • Identifying when ESA compliance may be a consideration
    • USFWS maintained species lists by county
    • Understanding habitat types used by listed species
    • Awareness of USFWS species profiles/guidelines for species that identify when project owners should coordinate with the USFWS.

Thursday, July 11, 2019

7:30 – 8:00 a.m. :: Continental Breakfast

8:00 a.m. – 5:00 p.m. :: Course Timing

12:30 – 1:30 p.m. :: Group Luncheon


8:00 a.m. – 12:30 p.m. :: FIELD SITE VISIT TO BEAR CREEK PARK

  • We will review site characteristics to develop an understanding of:
  • Field wetland and other water delineations
  • Endangered Species Act habitat considerations
  • Permitting considerations regarding potential projects that could occur at the site
  • Attendees will develop skills to identify when an area may be considered a wetland/other water by the USACE

1:30 – 5:00 p.m. :: Lecture & Case Studies


Clean Water Act – Sections 303 and 402

  • Section 303d (Total Maximum Daily Loads)
    • Typically administered by States
      • Water Quality Standards based on designated uses
      • 303d List of Impaired Waters
      • Total Maximum Daily Loads (TMDL)
  • Section 402 (National Pollution Discharge Elimination System {NPDES})
    • Typically administered by States
      • Construction Stormwater Permitting
        • When required
        • General vs. Individual Permit
        • Inspection, monitoring and documentation
        • Termination
      • Industrial Site Stormwater Permitting
        • Permitting options and requirements
      • Municipal Separate Storm Sewer System (MS4) Permitting
        • Types of MS4s
          • Cities/town
          • Transportation right-of-ways
          • Non-standard MS4s
        • Components and requirements
      • Dewatering permitting
        • Groundwater
          • When required
          • Permitting process and monitoring requirements
        • Construction
          • Temporary in nature
          • Permitting process

Floodplain Regulations


National Environmental Policy (NEPA)

  • Regulated activities
    • Projects requiring federal action
  • What are the requirements
    • Environmental Assessment (EA)
      • Finding of No Significant Impact (FONSI)
    • Environmental Impact Statement (EIS)

Managing Risk- Environmental Avoidance and Response

  • Developing Internal Desktop Assessments
    • Wetlands
      • National Wetland Inventory
      • USGS topographic mapping
      • NRCS soils
    • Section 303(d)
      • EPA’s watershed tool
    • Drainage and floodplain regulations
      • FEMA mapping
      • USGS StreamStats
      • Model resources
    • Stormwater permitting resources
      • Site characterization
      • Template appendices
      • “Umbrella” approaches
      • “Typical” details
    • Endangered Species Act
      • USFWS Project planning website

Instructors

Noah Greenberg, Natural Resources Project Manager and Aquatic Resources Scientist, SWCA Environmental Consultants

Noah Greenberg is an aquatic resources scientist and Clean Water Act regulatory specialist with over 15 years of experience working in the environmental science field. He conducts Clean Water Act compliance services, including Waters of the U.S. delineations, Section 404 permitting, water quality assessments, and waterbody assessments for clients throughout the country.


Amanda Aurora, Regional Scientist / Regulatory Specialist, SWCA

Ms. Aurora is a Regional Scientist and Regulatory Specialist for SWCA providing strategic permitting and compliance services related to federal, state and local environmental regulations.  Based in the SWCA Austin office, Amanda has 20 years of consulting experience, with an emphasis on Endangered Species Act compliance and the intersections of the Endangered Species Act with other regulatory programs.  Amanda has a wealth of experience pertaining to endangered species issues, including research, permitting, consultations, and conservation planning.   Amanda is skilled with regional and multi-species Habitat Conservation Plans, Candidate Conservation Agreements, and Conservation Banks. Her experience with the ESA includes consultations and permitting under both Section 7 and Section 10 that have involved negotiating compliance solutions for critically imperiled species facing potential determinations of jeopardy or adverse modification of designated critical habitats.


Katie Schroder, Partner, Davis Graham & Stubbs

Katie Schroder is a partner in the Natural Resources Department of Davis Graham & Stubbs LLP where her practice focuses on all aspects of energy development on federal lands. Ms. Schroder counsels clients on oil and gas leasing and development on federal lands and agency compliance with the National Environmental Policy Act and the National Historic Preservation Act. She has extensive experience with the Endangered Species Act, including the process for listing species as threatened or endangered, the process for obtaining permits under section 10 of the Act, and the development of conservation agreements for candidate species.


Courtney Shephard, Associate, Davis Graham & Stubbs

Courtney Shephard is an associate in the Natural Resources Department of Davis Graham & Stubbs LLP. Her practice focuses on public lands, energy, and water resources. Prior to joining DGS, Ms. Shephard practiced with another Denver firm for four years. Ms. Shephard regularly represented oil and gas exploration and production companies before the Colorado Oil and Gas Conservation Commission and consulted on federal regulatory issues. She also represented clients in Colorado water court and appellate proceedings and advised on water sales and leases.

Ms. Shephard received her J.D. from the University of Colorado in 2014 and a Master of Environmental Management, with an emphasis in environmental economics and policy, from Duke University in 2011.

Location

EUCI Office Building Conference Center

4601 DTC Blvd, B-100

Denver CO, 80237

 

Suggested Hotel

Hyatt Place Denver Tech Center
8300 E. Crescent Parkway
Greenwood Village, CO 80111
0.9 miles away
Nightly Rate for EUCI Attendees: $168.00 (Includes hot breakfast and free shuttle to and from EUCI)

Click on the following booking link: Hyatt Place Denver Tech Center – EUCI and use Group Code: EUCI or

Call Central Reservations at 888-492-8847 and ask for the EUCI rate of $168 under the corporate/group code EUCI

Other Nearby Hotels

Hyatt Regency Denver Tech Center
7800 E Tufts Ave
Denver, CO 80237
Phone: 303-779-1234
0.3 miles away

Hilton Garden Inn Denver Tech Center
7675 E Union Ave
Denver, CO 80237
Phone: 303-770-4200
0.6 miles away

Denver Marriott Tech Center
4900 S Syracuse St
Denver, CO 80237
Phone: 303-779-1100
0.7 miles away

Register

Please Note: Confirmed speakers do not need to register and are encouraged to participate in all sessions of the event. If you are a speaker and have any questions please contact our offices at 1.303.770.8800

EventEarly Bird Before
Friday, June 21, 2019
Standard RateAttendees
Endangered Species Act, Wetlands, Stormwater & Floodplain Regulatory Compliance for Energy and UtilitiesUS $ 1295.00US $ 1495.00

Register 3 Send 4th Free!

Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the same time to qualify.

Cancellation Policy

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before June 07, 2019 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

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