Wetland Boundary Determination


Rural residential clients turned to Farallon to coordinate regulatory case closure for wetlands damage.

Farallon negotiated regulatory closure with the Washington State Department of Ecology, the U.S. Army Corps of Engineers, and Kitsap County for a Washington property that incurred wetland regulatory violations as a result of grading and excavation activities conducted by a former tenant. Farallon liaised with regulatory agencies, attorneys, and third parties to negotiate a restoration plan for the impacted wetland area. Following restoration, the clients are able to use the property as before, with minimal exposure to potential future environmental liability.

Farallon was engaged to perform a wetland delineation to determine the wetland boundary and wetland buffer area for an approximately 9-acre property adjacent to a wetland conservatory area. During previous due diligence activities, Farallon identified an underground culvert that was broken during the former tenant’s grading activities, and documented other problems, including an excavated pond dug on the property and filled with water leaking from the broken culvert, and a ditch canal dug in a wetland area. Based on these findings, the clients requested that Farallon perform a wetland delineation to identify the wetland boundary and the wetland buffer area. Farallon worked with local regulatory agencies during the wetland delineation, and was able to negotiate that the ditch canal be allowed to naturally restore to minimize additional environmental impact to the wetland area. Through the strength of Farallon’s relationship with the local regulatory agencies, the property was granted case closure with no fines after the client repaired the broken culvert to restore water flow into the adjacent pond, backfilled the excavated pond, and completed a wetland restoration plan.

“The case closure status alleviated our client's concerns about being fined for the actions of their former tenant,” said Project Scientist Kenneth Scott, who performed the wetland delineation and wetland restoration, “and Ecology representatives praised our responsiveness to our client's concerns and the quality and efficiency of the restoration work.”