Transcript U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM

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
[email protected]
THE NEW ORLEANS
DISTRICT’S
INTERNET ADDRESS
www.mvn.usace.army.mil
REGULATORY