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GLIN==> Army Corps regs on losses and mitigation

Important final rule published today by Army Corps of Engineers on 
mitigation for issued Corps permits.....

SUMMARY: The U.S. Army Corps of Engineers (the Corps) and the
Environmental Protection Agency (EPA) are issuing regulations governing
compensatory mitigation for activities authorized by permits issued by
the Department of the Army. The regulations establish performance
standards and criteria for the use of permittee-responsible
compensatory mitigation, mitigation banks, and in-lieu programs to
improve the quality and success of compensatory mitigation projects for
activities authorized by Department of the Army permits.
    This rule improves the planning, implementation and management of
compensatory mitigation projects by emphasizing a watershed approach in
selecting compensatory mitigation project locations, requiring
measurable, enforceable ecological performance standards and regular
monitoring for all types of compensation and specifying the components
of a complete compensatory mitigation plan, including assurances of
long-term protection of compensation sites, financial assurances, and
identification of the parties responsible for specific project tasks.
    This rule applies equivalent standards to permittee-responsible
compensatory mitigation, mitigation banks and in-lieu fee mitigation to
the maximum extent practicable. Since a mitigation bank must have an
approved mitigation plan and other assurances in place before any of
its credits can be used to offset permitted impacts, this rule
establishes a preference for the use of mitigation bank credits, which
reduces some of the risks and uncertainties associated with
compensatory mitigation. This rule also significantly revises the
requirements for in-lieu fee programs to address concerns regarding
their past performance and equivalency with the standards for
mitigation banks and permittee-responsible compensatory mitigation.

DATES: The effective date is June 9, 2008.

Compensatory Mitigation for Losses of Aquatic Resources, 
19594?19705 [E8?6918] <http://edocket.access.gpo.gov/2008/E8-6918.htm>[TEXT]  <http://edocket.access.gpo.gov/2008/pdf/E8-6918.pdf>[PDF]

Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
Expert Witness Review and Litigation Investigation on Air, Water and 
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf 

657 Spartan Avenue,  East Lansing, MI  48823  
(517) 332-6971; ajs@sagady.com

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