Memorandum Of Agreement Between The Department Of The Army And The Environmental Protection Agency Concerning The Determination Of Mitigation Under The Clean Water Act Section 404(b)(1) Guidelines

Notes

This Memorandum of Agreement (MOA) between the U.S. Army and the EPA articulates policy and procedures for determining the type and level of mitigation necessary to demonstrate compliance with the Clean Water Act Section 404(b)(1) Guidelines. The MOA establishes a three-part mitigation sequence—avoidance, minimization, and compensatory mitigation—with a goal of no overall net loss of wetlands values and functions. It provides guidance to Corps and EPA personnel on implementing the Guidelines for standard permit applications, including provisions for mitigation banking and compensatory mitigation requirements.