Army Corps of Engineers--Environmental Protection Agency Mitigation Policy Memorandum of Agreement. A review

With the passing of the Federal Water Pollution Control Act Amendments of 1972 a tenuous relationship was established between the Army Corps of Engineers and the Environmental Protection Agency over administration of the section 404 dredges and fill permitting program. One major point of contention between the two agencies has even their philosophy on the role of mitigation in the permitting process. This disagreement has led to frustration not only for those seeking permit but also for personnel of both agencies. With the passing of the Federal Water Pollution Control Act Amendments of 1972 a tenuous relationship was established between the Army Corps of Engineers and the Environmental Protection Agency over administration of the section 404 dredges and fill permitting program. One major point of contention between the two agencies has been their philosophy on the role of mitigation in the permitting process. This disagreement has led to frustration not only for those seeking permits but also for personnel of both agencies. To alleviate this problem, a recent memorandum of agreement outlining a comprehensive mitigation policy was approved by both agencies. This is the first time that the role of mitigation in permit applications has been formally addressed and should work to: 1) reduce delays in permit processing, 2) minimize ambiguity in the regulatory program, and 3) provide agency personnel with a clear understanding of the procedures for determining appropriate and practicable mitigatio