Laws & Regulations

Historic Compensatory Mitigation Guidance under CWA Section 404

This page contains links to historic compensatory mitigation guidance which has been superceded by the April 10, 2008 EPA/U.S. Army Corps of Engineers Compensatory Mitigation Regulations.

Model Mitigation Plan Checklist for CWA Section 404 Permit Applicants

A technical guide for Clean Water Act (CWA) Section 404 permit applicants preparing compensatory mitigation plans providing a basic framework to improve predictability and consistency.

Memorandum to the Field on Adaptation of National Research Council Compensatory Mitigation Guidelines under CWA Section 404

Model "Operational Guidelines for Creating or Restoring Wetlands that are Ecologically Self-Sustaining" for aquatic resource impacts. Guidelines for identifying the basic requirements for mitigation success and assist in mitigation site selection.

EPA and U.S. Army Corps Memorandum on CWA Section 404 Requirements and Coal Mining Operations

Memoramdum for the field reiterating the fair and consistent application of Clean Water Act Section 404 permitting requirements for proposed coal mining activites in waters of the United States.

Memorandum: Clean Water Act Section 404 Regulatory Program and Agricultural Activities

Memorandum from 1990 concerning the applicability of the Clean Water Act Section 404 regulatory program to agriculture.

1992 CWA Section 404(q) Memorandum of Agreement: Interagency Questions and Answers

Interagency Questions and Answers concerning the 1992 404(q) Memoranda of Agreements.

Memorandum of Agreement: Exemptions Under Section 404(f) of the Clean Water Act

Memorandum of Agreement between the Department of the Army and the Environmental Protection Agency Concerning the Determination of the Section 404 Program and the Application of the Exemptions Under Section 404(F) of the Clean Water Act

CWA 404(q) Memorandum of Agreement for Resolving Disputes (1992)

In August 1992, Army and EPA released a Section 404(q) Memorandum of Agreement (MOA) that outlines the current process and time frames for resolving disputes, in an effort to issue timely permit decisions.

CWA Section 404(q): Memorandum of Agreement between EPA and Department of the Army (Signed Document)

Memorandum of agreement between the EPA and the Department of the Army on Section 404(q) of the Clean Water Act.

CWA Section 404(q): Memorandum of Agreement between EPA and Department of the Army (Text)

A memorandum of agreement between EPA and the Army Corps of Engineers to minimize, to the maximum extent practicable, duplication, needless paperwork and delays in the issuance of permits related to Section 404(q) of the Clean Water Act.

Memorandum on Issuance of Final Rule Responding to National Mining Association Decision between EPA Regions and Army Corp Divisions and Districts

Issuance of Final Rule Responding to National Mining Association Decision

Memorandum: Regulation of Certain Activities in Light of American Mining Congress v. Corps of Engineers

Memorandum from Directors of Office of Wetlands, Oceans and Watersheds and Office of Regulatory Enforcement

Oshara Village LLC - NPDES Permit NM0030813

EPA resumes cleanup of residential yards at the Jacobsville Superfund site in Evansville, Indiana

Work was paused during the winter months.

EPA News Release: EPA resumes cleanup of residential yards at the Jacobsville Superfund site in Evansville, Indiana

Release Date: March 31, 2025