Expanding Development Options on a Prime Real Estate Parcel

Wetland Delineation, Permitting, and Mitigation Design

Client: Confidential | Location: Aurora, Illinois

As part of pre-development planning activities for a prime real estate parcel in Aurora, DuPage County, Illinois, Weaver Consultants Group performed a wetland delineation and an evaluation of state- and federally listed threatened and endangered species for approximately six acres of land. The wetland delineation identified approximately 3.75 acres of isolated emergent wetlands. During prior pre-development activities by previous owners, the identified wetland was determined to have been regulated by the Army Corps of Engineers (Corps) in the 1990s. The prior owner obtained a permit from the Corps to fill the on-site wetlands and to mitigate the impacts through the purchase of off-site mitigation bank credits and the creation of an on-site wetland deed restriction. The prior development plans for the property were abandoned prior to any impacts occurring to the on-site wetland.

Due to recent Supreme Court rulings, Weaver Consultants Group negotiated with the Corps concerning the on-site wetland classification and jurisdictional status. Based on these negotiations, the Corps determined that the on-site wetland was isolated and, therefore, would no longer be subject to Section 404 of the Clean Water Act permitting requirements. In light of this, Weaver Consultants Group negotiated with the Corps to remove the wetland deed restriction on the property successfully.

Weaver Consultants Group also prepared and submitted a mitigation plan to the county regulatory agency and negotiated with the county regulatory agency concerning the compensatory mitigation requirements and the use of the previously purchased mitigation bank credits, which the county regulatory agency subsequently authorized.