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Regulatory Information
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2010-09-23
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Compensatory Mitigation for Losses of Aquatic Resources
Part II
Rules and Regulations
D09002ee1bdd93517
D09002ee1bdd93609
United States
Department of Defense
originator
org
United States Government Agency or Subagency
United States
Department of the Army, Corps of Engineers
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org
United States Government Agency or Subagency
United States
Environmental Protection Agency
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org
United States Government Agency or Subagency
The U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) are issuing regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The regulations establish performance standards and criteria for the use of permittee-responsible compensatory mitigation, mitigation banks, and in-lieu programs to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits. This rule improves the planning, implementation and management of compensatory mitigation projects by emphasizing a watershed approach in selecting compensatory mitigation project locations, requiring measurable, enforceable ecological performance standards and regular monitoring for all types of compensation and specifying the components of a complete compensatory mitigation plan, including assurances of long-term protection of compensation sites, financial assurances, and identification of the parties responsible for specific project tasks. This rule applies equivalent standards to permittee-responsible compensatory mitigation, mitigation banks and in-lieu fee mitigation to the maximum extent practicable. Since a mitigation bank must have an approved mitigation plan and other assurances in place before any of its credits can be used to offset permitted impacts, this rule establishes a preference for the use of mitigation bank credits, which reduces some of the risks and uncertainties associated with compensatory mitigation. This rule also significantly revises the requirements for in-lieu fee programs to address concerns regarding their past performance and equivalency with the standards for mitigation banks and permittee-responsible compensatory mitigation.
73 FR 19594
https://www.govinfo.gov/app/details/FR-2008-04-10/E8-6918
E8-6918
fr10ap08-7
RIN 0710-AA55
6560-50-P
EPA-HQ-OW-2006-0020
FRL-8545-4
https://www.govinfo.gov/app/details/FR-2008-04-10/E8-6918
https://www.govinfo.gov/content/pkg/FR-2008-04-10/html/E8-6918.htm
https://www.govinfo.gov/content/pkg/FR-2008-04-10/pdf/E8-6918.pdf
Administrative Practice and Procedure
Intergovernmental Relations
Environmental Protection
Navigation
Water Pollution Control
Waterways
Navigation (Water)
Water Resources
Watersheds
Environmental Protection
112 p.
19594
19705
73 FR 19594
Code of Federal Regulations
Title 33 Part 325
33 CFR Part 325
Code of Federal Regulations
Title 33 Part 332
33 CFR Part 332
Code of Federal Regulations
Title 40 Part 230
40 CFR Part 230
Regulation Identification Number 0710-AA55
RIN 0710-AA55
Compensatory Mitigation for Losses of Aquatic Resources; Federal Register Vol. 73, Issue
RULE
E8-6918
II
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
ENVIRONMENTAL PROTECTION AGENCY
2008-06-09
EPA-HQ-OW-2006-0020
FRL-8545-4
6560-50-P
E8-6918
Final rule.
The U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) are issuing regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The regulations establish performance standards and criteria for the use of permittee-responsible compensatory mitigation, mitigation banks, and in-lieu programs to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits. This rule improves the planning, implementation and management of compensatory mitigation projects by emphasizing a watershed approach in selecting compensatory mitigation project locations, requiring measurable, enforceable ecological performance standards and regular monitoring for all types of compensation and specifying the components of a complete compensatory mitigation plan, including assurances of long-term protection of compensation sites, financial assurances, and identification of the parties responsible for specific project tasks. This rule applies equivalent standards to permittee-responsible compensatory mitigation, mitigation banks and in-lieu fee mitigation to the maximum extent practicable. Since a mitigation bank must have an approved mitigation plan and other assurances in place before any of its credits can be used to offset permitted impacts, this rule establishes a preference for the use of mitigation bank credits, which reduces some of the risks and uncertainties associated with compensatory mitigation. This rule also significantly revises the requirements for in-lieu fee programs to address concerns regarding their past performance and equivalency with the standards for mitigation banks and permittee-responsible compensatory mitigation.
The effective date is June 9, 2008.
Mr. David Olson at 202-761-4922 or by e-mail at david.b.olson@usace.army.mil, or Mr. Palmer Hough at 202-566- 1374 or by e-mail at hough.palmer@epa.gov. Additional information can also be found at the Corps Headquarters Regulatory Program webpage at: http://www.usace.army.mil/cw/cecwo/reg/index.html or the EPA compensatory mitigation webpage at: http://www.epa.gov/ wetlandsmitigation.
Administrative Practice and Procedure
Intergovernmental Relations
Environmental Protection
Navigation
Water Pollution Control
Waterways
Navigation (Water)
Water Resources
Watersheds
Environmental Protection
Compensatory Mitigation for Losses of Aquatic Resources,
david.b.olson@usace.army.mil
hough.palmer@epa.gov
http://www.epa.gov/wetlandsmitigation
http://www.regulations.gov
http://www.usace.army.mil/cw/cecwo/reg/index.html
http://www.usace.army.mil/cw/cecwo/reg/rgls/rgl05_01.pdf
http://www.usace.army.mil/inet/functions/cw/cecwo/reg/citizen.htm
Federal Register
Vol. 73, no. 70
Office of the Federal Register, National Archives and Records Administration
2008-04-10
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362 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2008-04-10
P0b002ee1809b7786
0097-6326
0042-1219
0364-1406
769-004-00000-9
000582072
f:fr10ap08
https://www.govinfo.gov/app/details/FR-2008-04-10
https://www.govinfo.gov/content/pkg/FR-2008-04-10/pdf/FR-2008-04-10.pdf
https://www.govinfo.gov/content/pkg/FR-2008-04-10/xml/FR-2008-04-10.xml
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2010-09-23
2023-05-02
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