Federal Guidance on the Use of Preservation as Compensatory Mitigation Under Section 404 of the Clean Water Act

Federal Guidance on the Use of Preservation as Compensatory Mitigation Under Section 404 of the Clean Water Act

By Government of the United States

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This document provides guidance on the use of preservation as compensatory mitigation undertaken to meet permit requirements under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The permit program requires appropriate and practicable compensatory mitigation to offset unavoidable impacts to aquatic resources by replacing aquatic resource functions lost as a result of activities authorized by the U.S. Army Corps of Engineers (Corps).