THE CORPS THE CORPS REGULATORY REGULATORY AUTHORITYAUTHORITY

THE REGULATORY AUTHORITY OF THE REGULATORY AUTHORITY OF THE U.S.ARMY CORPS OF THE U.S.ARMY CORPS OF

ENGINEERS IS BASED ON SECTION ENGINEERS IS BASED ON SECTION 10 OF THE RIVERS AND HARBORS 10 OF THE RIVERS AND HARBORS

ACT AND SECTION 404 OF THE ACT AND SECTION 404 OF THE CLEAN WATER ACTCLEAN WATER ACT..

SECTION 10 OF THE SECTION 10 OF THE

RIVERS AND HARBORS RIVERS AND HARBORS ACT OF 1899ACT OF 1899

AUTHORIZES THE SECRETARY OF THE ARMY AUTHORIZES THE SECRETARY OF THE ARMY THROUGH THE CHIEF OF ENGINEERS TO THROUGH THE CHIEF OF ENGINEERS TO

REGULATE ALL ACTIVITIES AND STRUCTURES IN REGULATE ALL ACTIVITIES AND STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES, NAVIGABLE WATERS OF THE UNITED STATES, INCLUDING CONSTRUCTION, EXCAVATION, OR INCLUDING CONSTRUCTION, EXCAVATION, OR

DEPOSITION OF MATERIALS IN, OVER, OR UNDER DEPOSITION OF MATERIALS IN, OVER, OR UNDER SUCH WATERS, OR ANY WORK WHICH WOULD SUCH WATERS, OR ANY WORK WHICH WOULD

AFFECT THE COURSE, LOCATION, CONDITION, OR AFFECT THE COURSE, LOCATION, CONDITION, OR CAPACITY OF THOSE WATERSCAPACITY OF THOSE WATERS..

SECTION 404 OF THE SECTION 404 OF THE CLEAN WATER ACTCLEAN WATER ACT

AUTHORIZES THE SECRETARY OF THE ARMY, AUTHORIZES THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ACTING THROUGH THE CHIEF OF ENGINEERS, ENGINEERS,

TO ISSUE PERMITS, AFTER NOTICE AND TO ISSUE PERMITS, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, FOR THE OPPORTUNITY FOR PUBLIC HEARING, FOR THE

DISCHARGE OF DREDGED OR FILL MATERIAL DISCHARGE OF DREDGED OR FILL MATERIAL INTO WETLANDS AND OTHER WATERS OF THE INTO WETLANDS AND OTHER WATERS OF THE UNITED STATES AT SPECIFIC DISPOSAL SITESUNITED STATES AT SPECIFIC DISPOSAL SITES..

AVOIDANCEAVOIDANCEMINIMIZATIONMINIMIZATIONCOMPENSATIONCOMPENSATION

SEQUENCINGSEQUENCING

NOTES:NOTES:AVOIDANCE & MINIMIZATIONAVOIDANCE & MINIMIZATION

Pre-application interagency meetings are Pre-application interagency meetings are highly recommended; particularly for highly recommended; particularly for large-scale projectslarge-scale projects

Utilize uplands, agriculture or pasture Utilize uplands, agriculture or pasture lands as much as possiblelands as much as possible

Utilize previously cleared ROW areasUtilize previously cleared ROW areas Bore stream crossingsBore stream crossings

COMPENSATORY COMPENSATORY MITIGATIONMITIGATION

Compensatory mitigation is required only Compensatory mitigation is required only after all appropriate and practicable after all appropriate and practicable measures have been taken to avoid and measures have been taken to avoid and minimize adverse impacts.minimize adverse impacts.

Compensation for the unavoidable Compensation for the unavoidable wetland impacts is achieved by creating, wetland impacts is achieved by creating, restoring, enhancing and, in exceptional restoring, enhancing and, in exceptional circumstances, preserving wetlands.circumstances, preserving wetlands.

Hydrologic Unit Map of Louisiana 1974

In In KindKind

In In WatershedWatershed

MITIGATIONMITIGATION

FORMS OF MITIGATIONFORMS OF MITIGATION

Applicant identified project:

may include restoration of temporary workspaces

Credits from existing mitigation banks

Preservation

PRESERVATIONPRESERVATION

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.

CONTACTSCONTACTS

Conservation Fund

Ray Herndon

(985) 674-3332

rherndon@conservationfund.org

THE NEW ORLEANS THE NEW ORLEANS DISTRICT’S DISTRICT’S

INTERNET ADDRESSINTERNET ADDRESS

www.mvn.usace.army.milwww.mvn.usace.army.mil

REGULATORYREGULATORY