EXH1046037425

PCHBPollution Control Hearings Board of the State of Washington

Clean Water Section 404(b)(I) Guidelines Page I of 5 L:S. Environmental Protection Agency MEMORANDUM OF AGREEMENT BETWEEN The Department of the Army ANO The Environmental Protection Agency CONCERNING THE DETERMINATION OF MITIGATION UNDER THE CLEAN WATER ACT SECTION 404(b)(1) GUIDELINES I.PURPOSE The United States Environmental Protection Agency (EPA) and the United States Department of the Army (Army) hereby articulate the policy and procedures to be used in the determination of the type and level of mitigation necessary to demonstrate compliance with the Clean Water Act (CWA) Section 404 (b)(1) Guidelines ("Guidelines"). This Memorandum of Agreement (MOA) expresses the explicit intent of the Army and EPA to implement the objective of the C'WAto restore and maintain the chemical, physical and biological integrity of the Nation's waters, including wetlands. This MOA is specifically limited to the Section 404 Regulatory. Program and is written to provide guidance for agency field personnel on the type and level of mitigation which demonstrates compliance with requirements in the Guidelines. The policies and procedures discussed herein are consistent with current Section 404 regulatory practices and are provided in response to questions that have been raised about how the Guidelines are implemented. The MOA does not change the substantive requirements of the Guidelines. It is intended to provide guidance regarding the exercise of discretion under the Guidelines. Although the Guidelines are clearly applicable to all discharges of dredged or fill material, including general perTnitsand Corps of Engineers (Corps) civil works projects, this MOA focuses on standard permits (33…
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