404moa - DEPARTMENT OF THE ARMY U.S. Army Corps of...

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DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers WASHINGTON, D.C. 20314-1000 REPLY TO ATTENTION OF: CECW-OR 7 FEB 1990 MEMORANDUM FOR SEE DISTRIBUTION Subject: Section 404 Mitigation Memorandum of Agreement 1. On 15 November 1989, the Department of the Army and the Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) that clarifies the procedures to be used in determining the type and level of mitigation necessary to demonstrate compliance with the Clean Water Act Section 404(b)(1) Guidelines. The MOA becomes effective on 7 February 1990. A copy of the MOA is enclosed. This represents the official version and reflects the changes made to the 15 November 1989, MOA previously provided to you. 2. The MOA represents several years of hard work by both EPA and the Army Corps of Engineers. It, along with other recent accomplishments such as the new Federal wetlands delineation manual, are good examples of the renewed spirit of cooperation between EPA and the Corps at the Headquarters level. I am encouraged by these initiatives and committed to ensuring that the Corps Regulatory Program is undertaken in a manner fully consistent with the goals of the Clean Water Act and the Section 404(b)(1) Guidelines. I expect no less from each FOA Commander, Office of Counsel, and Regulatory staff. 3. The MOA is consistent with the President's goal of no overall net loss of wetlands and affirms the Corps existing policy of striving to avoid adverse impacts and offset unavoidable adverse impacts to aquatic resources. I fully support these initiatives and will work to ensure that they are integrated into all Corps activities. This includes site selection, plan development, maintenance, and operation of Corps projects, as well as the Regulatory Program. It is important to emphasize, however, that while the MOA's implementation can contribute to a goal of no overall net loss of the nation's remaining wetland base, the MOA does not establish a no net loss policy. In fact, the MOA expressly recognizes that achieving no net loss of wetlands values and functions is not possible for every permit action. The President's Domestic Policy Council Interagency Working Group on Wetlands is currently developing policy on no overall net loss of wetlands. 4. The MOA interprets and provides internal guidance and procedures to the Corps and EPA field personnel for implementing existing Section 404 permit regulations. The MOA does not change substantive regulatory requirements but instead provides a
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CECW-OR SUBJECT: Section 404 Mitigation Memorandum of Agreement procedural framework for considering mitigation so that all Corps and EPA field offices will follow consistent procedures in determining the type and level of mitigation necessary to ensure compliance with the Section 404 (b) (1) Guidelines. The MOA clarifies requirements contained in the Section 404(b)(1) Guidelines in response to questions that have arisen on these requirements. Moreover, the MOA does not establish any new mitigation requirements beyond those currently found in the
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This note was uploaded on 06/08/2009 for the course CEE 4620 taught by Professor Gensler during the Spring '09 term at Georgia Institute of Technology.

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404moa - DEPARTMENT OF THE ARMY U.S. Army Corps of...

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