CWD Regulatory Framework & Compliance 5

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

Mitigation banking

Answer

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.

Question 3

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?

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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

(CWD) Certified Wetland Delineator Practice Test

(CWD) Certified Wetland Delineator Practice Test

CWD Regulatory Framework & Compliance 5