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EXH 391: Army-EPA MOA – Mitigation Determination Under CWA Section 404(b)(1)

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Sea-Tac Airport
Third Runway
PCHB
Box 09

This 2001 Memorandum of Agreement between the U.S. Army and the EPA outlines the policies and procedures for determining what types of mitigation are required when issuing permits for discharging dredged or fill material into waters under Clean Water Act Section 404. It establishes a three-step mitigation sequence — first avoiding impacts, then minimizing unavoidable impacts, and finally providing compensatory mitigation for any remaining harm — with a goal of no overall net loss of wetlands. The document provides guidance to Army Corps of Engineers and EPA field personnel on how to evaluate standard permit applications in compliance with these environmental protection standards.

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Exhibit 391 (AR 021770–021772) in the PCHB Third Runway EIS administrative record. Memorandum of Agreement (MOA) between the U.S. Department of the Army (Corps of Engineers) and the U.S. Environmental Protection Agency (EPA) establishing policy and procedures for determining type and level of mitigation required to demonstrate compliance with Clean Water Act Section 404(b)(1) Guidelines. Covers the three-part mitigation sequence — avoidance, minimization, and compensatory mitigation — including on-site and off-site compensatory mitigation, mitigation banking, wetland restoration and creation, no overall net loss of wetlands goal, special aquatic sites, standard permits under 33 CFR 325(b)(1), Section 230.10(a) and 230.10(d), and Special Area Management Plans. References CEQ regulations at 40 CFR 1508.20 and Section 230.3(q). Discusses preapplication meetings, NEPA compliance, and Advanced Identification areas under Section 230.80.

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