3,000-Acre Master Planned Residential Subdivision, Montgomery County, Texas

The project site, an existing 3,000-acre residential subdivision, is located between Interstate Highway 45 and State Highway 59 in southern Montgomery County, Texas. Prior to Crouch Environmental Services’ involvement, the client received numerous cease and desist orders and administrative appeals from the US Environmental protection Agency (EPA) and United States Army Corps of Engineers (USACE) for alleged violations of Sections 401, 402, and 404 of the Clean Water Act. As a leading environmental firm in the Houston area, Crouch Environmental Services was hired as an expert witness on behalf of the client.

The Crouch Environmental team became involved following initiation of legal action against the client for allegedly unpermitted impacts to waters of the US, including wetlands. On behalf the client, Crouch Environmental Services provided expert technical consulting services related to wetlands, Sections 404, 402, and 401 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, and regulatory guidance issued pertaining to wetlands and waters of the US by the USACE and the EPA.

Crouch Environmental Services performed preliminary site visits for comparison surveys of previously delineated areas, collection of forensic data related to wetlands and other waters of the US, threatened and endangered species assessment, navigable waters assessment, and other environmental surveys. Crouch assisted the client with the preparation of depositions and expert testimony for witness preparation, and figures and exhibits related to the comparison of data for the project site. Due to their diligent efforts, Crouch was assigned additional work, including water quality sampling, USACE records research and literature review, and soil testing and classification.

Through a broad and effective coordination approach, Crouch Environmental Services assisted the client and the client’s attorney in evaluating the effects of the alleged charges and coordinating project defense.