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THE CORPS REGULATORY AUTHORITY. THE REGULATORY AUTHORITY OF THE U.S.ARMY CORPS OF ENGINEERS IS BASED ON SECTION 10 OF THE RIVERS AND HARBORS ACT AND SECTION 404 OF THE CLEAN WATER ACT. SECTION 10 OF THE RIVERS AND HARBORS ACT OF 1899.
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THE CORPS REGULATORY AUTHORITY THE REGULATORY AUTHORITY OF THE U.S.ARMY CORPS OF ENGINEERS IS BASED ON SECTION 10 OF THE RIVERS AND HARBORS ACT AND SECTION 404 OF THE CLEAN WATER ACT.
SECTION 10 OF THE RIVERS AND HARBORS ACT OF 1899 AUTHORIZES THE SECRETARY OF THE ARMY THROUGH THE CHIEF OF ENGINEERS TO REGULATE ALL ACTIVITIES AND STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES, INCLUDING CONSTRUCTION, EXCAVATION, OR DEPOSITION OF MATERIALS IN, OVER, OR UNDER SUCH WATERS, OR ANY WORK WHICH WOULD AFFECT THE COURSE, LOCATION, CONDITION, OR CAPACITY OF THOSE WATERS.
SECTION 404 OF THE CLEAN WATER ACT AUTHORIZES THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO ISSUE PERMITS, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, FOR THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WETLANDS AND OTHER WATERS OF THE UNITED STATES AT SPECIFIC DISPOSAL SITES.
SEQUENCING • AVOIDANCE • MINIMIZATION • COMPENSATION
NOTES:AVOIDANCE & MINIMIZATION • Pre-application interagency meetings are highly recommended; particularly for large-scale projects • Utilize uplands, agriculture or pasture lands as much as possible • Utilize previously cleared ROW areas • Bore stream crossings
COMPENSATORY MITIGATION • Compensatory mitigation is required only after all appropriate and practicable measures have been taken to avoid and minimize adverse impacts. • Compensation for the unavoidable wetland impacts is achieved by creating, restoring, enhancing and, in exceptional circumstances, preserving wetlands.
MITIGATION In Kind In Watershed Hydrologic Unit Map of Louisiana 1974
FORMS OF MITIGATION Applicant identified project: may include restoration of temporary workspaces Credits from existing mitigation banks Preservation
PRESERVATION Acquisition of lands and fee title transfer to: Public entity such as LDWF or a recognized conservation organization “Compensation ratios” are greatly increased: establishment of “ratio” based on comparable costs from existing mitigation banking options Requires extensive coordination: identification of property, identification of recipient, timing, endowment, etc.
CONTACTS Conservation Fund Ray Herndon (985) 674-3332 rherndon@conservationfund.org
THE NEW ORLEANS DISTRICT’S INTERNET ADDRESS www.mvn.usace.army.mil REGULATORY