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MMI provides jurisdictional stream and wetland delineations in compliance with Section 404/401 of the Clean Water Act and applicable state laws. MMI has substantial experience with “Waters of the US” determinations and current federal delineation methods and regional supplements. We work closely with regulatory agency staff at the US Army Corps of Engineers and state environmental protection agencies. We assist clients in developing project site plans to avoid or minimize the need for permitting and compensatory mitigation costs. MMI has completed hundreds of wetland and stream delineations from Texas to New York.  Let MMI evaluate your project site for jurisdictional waters and regulatory constraints.

Riparian Buffers:

If your state or local government protects riparian buffers around streams, lakes, or wetlands, MMI can delineate the boundaries of these areas, determine stream flow duration (perennial, intermittent, or ephemeral), and meet with regulatory agency staff to verify delineation work and buffer applicability.

Permitting and Jurisdictional Determination:

Where impacts to jurisdictional waters or riparian buffers cannot be avoided, MMI provides a full suite of  Section 404/401 and state environmental permitting services. We have prepared numerous Jurisdictional Determination requests (Preliminary JD and Approved JD), 404 Nationwide Permit applications (PCN), and several 404 Individual Permit applications for more complex projects and state 401 Water Quality Certifications.

Functional Assessments:

MMI provides stream and wetland functional assessments that may be required during the permitting process and mitigation planning. MMI is familiar with NCWAM, NCSAM, WET, WETII, HEP, HGM, and other assessment methods. 

Mitigation Plans and Restoration Design:

If your project exceeds the thresholds for compensatory mitigation (generally 0.10 acre of wetland or 150 feet of permanent stream impact), MMI can identify mitigation options (see below) and help find the least costly and appropriate mitigation option that satisfies federal and state permit conditions.  We provide wetland and stream restoration site evaluation, feasibility, conceptual design and final restoration plans.

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Clean Water Act permits often include compensatory mitigation conditions. The three primary options are purchasing mitigation bank credits, paying into an approved In Lieu Fee Program and finally Permittee Responsible Mitigation (aka do it yourself). During the permit process we often face these tasks:

  • Environmental permits may require compensatory mitigation for construction impacts to streams, wetlands, and riparian buffers. The three compensatory mitigation options are: 1) purchasing mitigation bank credits, 2) payment to a state or federally-sanctioned in-lieu fee program, and 3) permittee-responsible mitigation (aka Do it Yourself).  MMI’s client-focused approach includes: 

  • Advise your design staff on avoiding and minimizing impacts that may trigger mitigation

  • Negotiate the minimum mitigation ratio with the regulatory agencies to keep costs down

  • Compare mitigation options (bank credits, in-lieu fee, on-site restoration of degraded waters)

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Mitigation Banks:

MMI principals have planned and managed over 25 stream and wetland mitigation banks in the eastern US, including the first mitigation banks in New Jersey and West Virginia.  As president of the National Mitigation Banking Association, Rich helped write the 2008 mitigation bank rules with the US Army Corps of Engineers and the USEPA.  Developing a new mitigation bank site typically includes:


  • Search for potential sites for stream, wetland, or buffer restoration

  • Mitigation feasibility, planning, conceptual restoration design, and final design plans 

  • Regulatory agency approvals for mitigation projects

  • Construction, planting, inspection, and as-built surveys

  • Mitigation site monitoring, adaptive management, and long-term land stewardship

Permittee Responsible Mitigation:
MMI can assist with onsite or other Permittee Responsible Mitigation (PRM) projects. We have helped single family homeowners to major subdivisions as well as commercial developments. We can recommend the best mitigation option and help with any design, permitting, construction and monitoring.

Trouble Shooting:
MMI provides trouble-shooting services for mitigation or restoration projects which are failing the required success criteria. We can recommend and implement remedial plans for sites which are not achieving the minimal success requirements. We have helped solve numerous technical and regulatory challenges for compensatory mitigation projects.




Listed Species Assessments and Field Surveys:

MMI conducts desktop and field habitat assessments and field surveys for threatened and endangered species such as the red-cockaded woodpecker, piping plover, Schweinitz’s sunflower, Michaux’s sumac, northern long-eared bat, Cape Fear shiner, Carolina madtom, freshwater mussels, bog turtle, and other animals and plants.

Section 7 Consultations:

MMI will coordinate with the U. S. Fish & Wildlife Service, National Marine Fisheries Service and state agencies responsible for protecting rare, threatened or endangered species. MMI will conduct habitat suitability studies and prepare clearance letters for development projects or FEMA floodplain issues.

Biological Opinion Reports:

MMI can prepare Biological Opinion Reports for incidental takings and relocation permits.

Conservation Banking & HCP’s:

MMI can assist with establishing conservation banks for listed species and setting up Habitat Conservation Plans for landowners.


Purple Milkweed (Tar River Stream Mitigation Bank, 2018)



National Environmental Policy Act


EA & EIS - Environmental Assessment & Environmental Impacts Statement:

MMI has prepared numerous Environmental Assessment Reports and participated in Environmental Impacts Statements under the National & State Environmental Policy Acts for major intra-state pipeline and other utility projects. Remember a FONSI is not just a TV sitcom character played by Henry Winkler!

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