Full Description

The 2004 NationalDefense Authorization Act (PL 108-136)required development of regulations consistentwith Clean Water Act (CWA) Section 404 that establish equivalentstandards and criteria for permittee-responsiblemitigation, mitigation banks, andin-lieu fee programs.On March27, 2006, the U.S. Environmental Protection Agency (USEPA) and the U.S. Army Corps of Engineers (Corps) announced proposedrevisions to compensatory mitigation regulations.The purpose of the proposed revisionswas to improve the effectiveness of compensatorymitigation, expand public participation, and increase the efficiency and predictability of theregulatory process. The proposal also complementedefforts to implement the 2002 NationalWetlands Mitigation Action Plan, as well asrespond to the recommendations of the 2001National Research Council (NRC) comprehensivereport evaluating wetlands compensatory mitigation(2001). On Apr. 10, 2008, USEPA and the Corps publisheda final rule that improves and consolidatesexisting regulations and guidance and establishesequivalent standards for all types of mitigationunder the CWA Section 404 regulatory program.The new rule, which goes into effect June 9, 2008,is intended to promote greater consistency, predictability,and ecological success of mitigation projects.The rule does not change when compensatorymitigation is required, but it does change whereand how it is required. This article discusses required mitigation plans and selecting the best mitigation option. Includes 3 references.

Product Details

Edition: Vol. 100 - No. 5 Published: 05/01/2008 Number of Pages: 8 File Size: 1 file , 300 KB