EXH0797028232

PCHBPollution Control Hearings Board of the State of Washington

SUBJECT: Guidance for the Establishment and Maintenance of Compensatory Mitigation Projects Under the Corps Regulatory" Program Pursuant to Section 404(a) of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 1. Purpose and applicability a. Purpose. Corps permits issued under Section 404(a) of the Clean Water Act or Section of the Rivers and Harbors Act of 1899 routinely contain conditions that relate to compensatory mitigation for resources that are going to be adversely affected or lost as a result of a permitted activity. The Corps is strongly committed to protection of the overall aquatic environment on a watershed basis, including fully mitigating authorized impacts to all aquatic resources, including wetlands. As discussed in the National Research Council (NRC) report, Compensating for Wetland _- Losses Under the Clean Water Act, (June, 2001), the Corps must increase the effectiveness and compliance of mitigation required for authorized impacts to the aquatic environment, including wetlands. This guidance letter provides direction concerning factors that affect compensatory mitigation success in a variety of contexts. This guidance adopts definitions that were developed for use in accounting for the types of mitigation used in Federal efforts to meet the national no overall net loss policy and to account for projects designed solely to increase the nation's wetland base. These terms were published on the U.S. Fish and Wildlife Service web page in July 2000, for use in reporting gains and losses by Federal resource management agencies. The guidance also adopts the use…
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