Regulatory Framework & Compliance Flashcards

Which of the following best describes the mitigation sequencing requirement under the Section 404(b)(1) Guidelines?

Answer: Avoidance, then minimization, then compensatory mitigation must be considered in that order

The Section 404(b)(1) Guidelines require applicants to first demonstrate avoidance of impacts, then minimize unavoidable impacts, and finally provide compensatory mitigation for remaining unavoidable impacts.

Under the 2008 Mitigation Rule, which form of compensatory mitigation is generally given preference by the Corps of Engineers?

Answer: Mitigation banking

The 2008 Mitigation Rule establishes a preference hierarchy with mitigation banking first, in-lieu fee programs second, and permittee-responsible mitigation third, because banks and ILF programs offer greater ecological certainty.

A wetland mitigation bank instrument must be approved before the bank can sell mitigation credits. Which agencies typically form the Interagency Review Team (IRT) that approves mitigation bank instruments?

Answer: Corps of Engineers, EPA, USFWS, NRCS, and NOAA Fisheries (as applicable)

The IRT for mitigation bank approval typically includes the Corps of Engineers, EPA, U.S. Fish and Wildlife Service, NRCS, and NOAA Fisheries (for coastal areas), along with relevant state agencies.

What is a 'practicable alternative' in the context of the Section 404(b)(1) Guidelines?

Answer: An alternative that is available and capable of being done after considering cost, existing technology, and logistics

A practicable alternative is one that is available to the applicant and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Under the Section 404(b)(1) Guidelines, for non-water dependent projects, what presumption applies to practicable alternatives?

Answer: Practicable alternatives not in special aquatic sites are presumed to exist unless clearly demonstrated otherwise

For non-water dependent projects, the Guidelines presume that practicable alternatives in non-special aquatic sites exist unless the applicant can clearly demonstrate otherwise.

Which document serves as the primary technical guidance for wetland delineation on non-agricultural federal projects under the Corps of Engineers regulatory program?

Answer: The 1987 Corps of Engineers Wetlands Delineation Manual

The 1987 Corps of Engineers Wetlands Delineation Manual is the primary technical guide used for wetland delineations under the Corps regulatory program nationwide.

Which of the following situations would most likely trigger an individual permit (IP) rather than a Nationwide Permit (NWP) for a Section 404 action?

Answer: Discharging fill into 15 acres of forested bottomland hardwood wetland for a commercial development

Discharging fill into 15 acres of forested bottomland hardwood wetland far exceeds NWP thresholds and would require an individual permit due to the scale and significance of impacts.