CWD Regulatory Framework & Wetland Laws 5

Question 1

Which type of wetland mitigation bank instrument establishes the legal, financial, and ecological terms under which a mitigation bank operates?

Accepted Answer

Banking Instrument

Answer

A Banking Instrument (BI) is the formal agreement between the bank sponsor and the Interagency Review Team (IRT) that governs all aspects of mitigation bank operations.

Question 2

Under the 2008 Compensatory Mitigation Rule (33 CFR 332), what is the preferred hierarchy of compensatory mitigation options?

Accepted Answer

Mitigation banks, in-lieu fee programs, permittee-responsible mitigation

Answer

The 2008 rule establishes mitigation banks as the preferred option, followed by in-lieu fee programs, then permittee-responsible mitigation due to banking's greater upfront ecological certainty.

Question 3

A wetland delineator is working on a project near a coastal area regulated under Section 404. Which additional federal law may require coordination due to potential impacts on coastal barrier resources?

Accepted Answer

Coastal Barrier Resources Act (CBRA)

Answer

The Coastal Barrier Resources Act restricts federal financial assistance and permits (including Section 404) within designated Coastal Barrier Resource System units to discourage development.

Question 4

The EPA has authority under Section 404(c) to prohibit or restrict the use of any defined area as a disposal site. This authority is commonly referred to as:

Accepted Answer

EPA Veto Authority

Answer

EPA's 'veto authority' under Section 404(c) allows EPA to prohibit or restrict disposal sites when unacceptable adverse effects on municipal water supplies, shellfish beds, fisheries, wildlife, or recreational areas are anticipated.

Question 5

Under the National Historic Preservation Act (NHPA) Section 106, a wetland project with a federal nexus must be evaluated for effects on properties listed or eligible for listing in:

Accepted Answer

The National Register of Historic Places

Answer

Section 106 requires federal agencies to consider effects of their undertakings on properties included in or eligible for the National Register of Historic Places before issuing approvals.

(CWD) Certified Wetland Delineator Practice Test

(CWD) Certified Wetland Delineator Practice Test

CWD Regulatory Framework & Wetland Laws 5