Laws & Regulations
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Recommended Determination from RA to AA - signed October 6, 1989
Recommended to prohibit construction of the Big River Reservoir pursuant to Section 404(c) of the Clean Water Act.
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Elevation Guidance regarding Port Valdez Permit Modification under CWA Section 404 (September 28, 1993)
Elevation guidance requests for Section 404(q) regarding Port Valdez 83 Permit Modification.
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Letter from Army Corp of Engineers to EPA Requesting Modification to 1985 404(c) Action regarding Bayou aux Carpes (November 4, 2008)
Letter to request modification EPA Bayou aux Carpes 404(c) Final Determination issued October 16, 1985.
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Elevation Request Letter from RA to EPA HQ - signed September 7, 2006
Elevation request for review of Department of Army permit for the Cotton Lane Road Bridge project in the City of Goodyear, Maricopa County, Arizona.
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Recommended Determination from EPA's RA to AA regarding Sweedens Swamp in MA under CWA Section 404 (March 4, 1986)
Recommendation of the Regional Administrator (Region I) concerning the Sweedens Swamp site in Attleboro, Massachusetts pursuant to Section 404(c) of the Clean Water Act.
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Army Response Letter - signed July 14, 1993
A response to a request for a higher level review of issues related to a Department of the Army permit modification being considered by the Army Corps of Engineers Alaska District.
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Recommended Determination from EPA Region 6 to HQ regarding Bayou aux Carpes under CWA Section 404 (April 2, 2009)
Bayou aux Carpes Clean Water Act Section 404(c) modification request by the Corps of Engineers.
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Recent Resources
This is a partial list of web sites of materials (mitigation bank templates, checklists, etc.) that comply with and/or support the mitigation regulations.
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Recommended Determination from RA to AA - signed October 5, 1988
Recommended 404(c) determination to withdraw and restrict the specification or use of portions of hurricane creek floodplain and portions of unnamed tributaries of hurricane creek.
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Elevation Guidance - signed July 16, 1992
Permit Elevation Guidance Review regarding Tennessee Department of Transportation.
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Final Determination - signed August 31, 2008
Final Determination of the U.S. EPA’s Assistant Administrator for Water pursuant to Section 404(c) of the Clean Water Act concerning the proposed Yazoo Backwater area pumps project, Issaquena county, Mississippi.
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National Wetland Mitigation Banking Study: Technical and Procedural Support to Mitigation Banking Guidance
This document elaborates on policy considerations presented in the Federal guidance. This support to the guidance is limited in scope to wetland systems.
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Coral Reef Guidance
Guidance prepared by EPA and Army Corps of Engineers concerning coral reef protection under the Clean Water Act, Marine Protection, Research, and Sanctuaries Act, Rivers and Harbors Act, and Federal Project Authorities.
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Appendix 2 - Macroinvertebrates
Effects of the activities associated with the Spruce No. 1 Mine on the macroinvertebrate community of receiving streams.
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Compensatory Mitigation Rule Factsheet
A two page fact sheet developed by EPA for the public to reinforce the requirements under the 2008 Compensatory Mitigation Rule to adhere to the “mitigation sequence” of “avoid, minimize and compensate”.
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Transportation Equity Act for the 21st Century (TEA-21) Guidance (Federal Highway Administration)
This document from July 11, 2003 provides interagency guidance on applying the preference for wetlands mitigation banking mandated in TEA-21 to compensatory mitigation requirements under Section 404 of the Clean Water Act (CWA).
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Elevation Request Letter to Army - signed April 29, 1986
A letter requesting a review of the decision to issue a permit to the Maine Department of Transportation (MEDOT) authorizing the construction of an access causeway and a marine cargo terminal in Penobscot Bay at Sears Island, Searsport, Maine.
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Recommended Determination from RA to AA - signed March 26, 1990
Recommended Determination to Prohibit Construction of Two Forks Dam and Reservoir Pursuant to Section 404(c) of the Clean Water Act.
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Federal Register Notice Compensatory Mitigation Rule
EPA and the U.S. Army Corps of Engineers (the Corps) announced proposed revisions to regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act.
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EPA Clean Water Act Compliance Evaluation Inspections at Suncor Energy (USA), Inc. Commerce City Refinery in Commerce City, Colorado
On June 22-24, 2021, representatives from the EPA conducted inspections at the Suncor Energy (USA), Inc. Commerce City Refinery to evaluate the facility’s compliance with Colorado Discharge Permit System (CDPS) Permit No. COS000009 associated with industri