#ARMY MOU TEMPLATE FULL#

The determination of what level of mitigation constitutes 'appropriate' mitigation is based solely on the values and functions of the aquatic resource that will be impacted.

#ARMY MOU TEMPLATE FULL#

All waters of the United States, such as streams, rivers, lakes, etc., will be accorded the full measure of protection under the Guidelines, including the requirements for appropriate and practicable mitigation. This special recognition of wetlands resources does not in any manner diminish the value of other waters of the United States, which are often of high value. In focusing the goal on no overall net loss to wetlands only, EPA and Army have explicitly recognized the special significance of the nation's wetlands resources. The Corps will strive to avoid adverse impacts and offset unavoidable adverse impacts to existing aquatic resources, and for wetlands, will strive to achieve a goal of no overall net loss of values and functions.

The Clean Water Act and the Guidelines set forth a goal of restoring and maintaining existing aquatic resources. The remainder of this MOA will speak in terms of these general types of mitigation.ī. 2 The type of mitigation enumerated by CEQ are compatible with the requirements of the Guidelines however, as a practical matter, they can be combined to form three general types: avoidance, minimization and compensatory mitigation. The Guidelines establish environmental criteria which must be met for activities to be permitted under Section 404. 20 to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time, and compensating for impacts. The Council on Environmental Quality (CEQ) has defined mitigation in its regulations at. EPA will use this MOA in developing its position on compliance with the Guidelines for proposed discharges and will reflect this MOA when commenting on standard permit applications. The Corps will use this MOA when making its determinations of compliance with the Guidelines with respect to mitigation for standard permit applications. This MOA provides guidance to Corps and EPA personnel for implementing the Guidelines and must be adhered to when considering mitigation requirements for standard permit applications.

EPA and Army will seek to develop supplemental guidance for other regulated activities consistent with the policies and principles established in this document. 1 This focus is intended solely to reflect the unique procedural aspects associated with the review of standard permits, and does not obviate the need for other regulated activities to comply fully with the Guidelines. It is intended to provide guidance regarding the exercise of discretion under the Guidelines.Īlthough the Guidelines are clearly applicable to all discharges of dredged or fill material, including general permits and Corps of Engineers (Corps) civil works projects, this MOA focuses on standard permits (33 CFR 325(b)(1)). The MOA does not change the substantive requirements of 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. 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. This Memorandum of Agreement (MOA) expresses the explicit intent of the Army and EPA to implement the objective of the CWA to restore and maintain the chemical, physical and biological integrity of the Nation's waters, including wetlands. 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'). Portions of this MOA that concern the type and location of compensatory mitigation are superseded by the 2008 compensatory mitigation rulemaking Between the Department of the Army and the Environmental Protection Agency

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