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National – Public Comments Requested on Interagency Wetland Guidance


Section 404 of the Clean Water Act regulates the discharge of dredged or fill material into waters of the United States, including wetlands. The Army Corps of Engineers (Corps) is responsible for processing Section 404 permits and analyzing impacts associated with proposed projects. When an applicant proposes a project with unavoidable impacts to wetlands, the Corps often requires compensatory mitigation to replace aquatic functions lost due to permitted activities. The mitigation package can include different types of wetland mitigation, including both on-site or off-site, and in-kind or out-of-kind mitigation. (The term “on-site” refers to “within the project boundaries and/or areas adjacent or contiguous to the impact area”, and “in-kind” refers to “the same physical and functional type as that of the impact area.”)


Public comments are now being requested on the revised Draft Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory Mitigation Under Section 404 of the Clean Water Act. The draft guidance was prepared as part of the National Wetlands Mitigation Action Plan. The Plan, developed jointly by the Environmental Protection Agency, the Army Corps of Engineers, and the Departments of Agriculture, Commerce, Interior, and Transportation, includes 17 tasks that the agencies will complete by 2005 to improve the ecological performance and results of compensatory mitigation.


For more information on the National Wetlands Mitigation Action Plan, or a copy of the draft guidance, go to: http://www.mitigationactionplan.gov/guidance.htm. Public comments on the draft guidance will be accepted until May 23, 2004.


National – Public Comments Requested on Interagency Wetland Guidance


Section 404 of the Clean Water Act regulates the discharge of dredged or fill material into waters of the United States, including wetlands. The Army Corps of Engineers (Corps) is responsible for processing Section 404 permits and analyzing impacts associated with proposed projects. When an applicant proposes a project with unavoidable impacts to wetlands, the Corps often requires compensatory mitigation to replace aquatic functions lost due to permitted activities. The mitigation package can include different types of wetland mitigation, including both on-site or off-site, and in-kind or out-of-kind mitigation. (The term “on-site” refers to “within the project boundaries and/or areas adjacent or contiguous to the impact area”, and “in-kind” refers to “the same physical and functional type as that of the impact area.”)


Public comments are now being requested on the revised Draft Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory Mitigation Under Section 404 of the Clean Water Act. The draft guidance was prepared as part of the National Wetlands Mitigation Action Plan. The Plan, developed jointly by the Environmental Protection Agency, the Army Corps of Engineers, and the Departments of Agriculture, Commerce, Interior, and Transportation, includes 17 tasks that the agencies will complete by 2005 to improve the ecological performance and results of compensatory mitigation.


For more information on the National Wetlands Mitigation Action Plan, or a copy of the draft guidance, go to: http://www.mitigationactionplan.gov/guidance.htm. Public comments on the draft guidance will be accepted until May 23, 2004.