[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Notices]
[Page 22028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-65]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7650-8]
Draft Federal Guidance on the Use of Off-Site and Out-of-Kind
Compensatory Mitigation Under Section 404 of the Clean Water Act
AGENCY: Environmental Protection Agency (EPA); National Oceanic and
Atmospheric Administration (NOAA), Commerce; U.S. Army Corps of
Engineers (USACE), Defense; U.S. Fish and Wildlife Service (USFWS),
Interior; Natural Resources Conservation Service (NRCS), Agriculture;
Department of Transportation.
ACTION: Notice of availability to review and comment.
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SUMMARY: In accordance with the National Mitigation Action Plan signed
in December of 2002 by the Environmental Protection Agency, Department
of Commerce, Department of Defense, Department of the Interior,
Department of Agriculture, and Department of Transportation, the
Federal Interagency Mitigation Workgroup (FIMW) has prepared Draft
Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory
Mitigation Under Section 404 of the Clean Water Act (Site/Kind
Guidance). The Site/Kind Guidance provides direction for the
application of existing regulations and policies to decisions about the
appropriate use of off-site and out-of-kind compensatory mitigation
within the context of the Clean Water Act Section 404 permitting
program.
DATES: In order to be considered, comments must be postmarked or e-
mailed on or before May 24, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or by
hand delivery/courier. E-mail comments to sitekind.guidance@noaa.gov.
Please put ``Site/Kind Comments'' in the Subject Line and include your
comments as an attachment to the e-mail in either Word or Wordperfect
format. Mail or hand deliver/courier comments to: Susan-Marie Stedman,
F/HC Room 14102, NOAA Fisheries, 1315 East-West Highway, Silver Spring,
MD 20910.
FOR FURTHER INFORMATION CONTACT: Mitigation Action Plan Web site at
http://www.mitigationactionplan.gov or contact either Palmer Hough,
U.S. Environmental Protection Agency, Wetlands Division (4502T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, phone: (202) 566-1374,
e-mail: Hough.Palmer@epa.gov, Alan Miller, U.S. Army Corps of
Engineers, 441 G Street, NW., Washington, DC 20314-1000, phone: (202)
761-7763, e-mail: Alan.J.Miller@hq02.usace.army.mil, or Susan-Marie
Stedman, National Oceanic and Atmospheric Administration, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910, phone: (301) 713-2325, e-mail: susan.stedman@noaa.gov.
SUPPLEMENTARY INFORMATION: Reports published in 2001 by the National
Academy of Sciences (NAS) and the General Accounting Office (GAO)
provided a critical evaluation of the effectiveness of wetlands
compensatory mitigation for authorized losses of wetlands and other
waters under Section 404 of the CWA. Section 404 regulates discharges
of dredged and fill materials into waters of the United States and
requires compensatory mitigation for unavoidable impacts. The
independent analyses and other commentaries highlighted a number of
shortfalls and identified a variety of technical, programmatic, and
policy recommendations for the Federal agencies, States, and other
involved parties.
An interagency team drafted the National Mitigation Action Plan
endorsing the goal of no net loss of wetlands and outlining specific
action items that address the concerns of the NAS, GAO, and other
independent evaluations. The 17 actions, with various agency leads,
address areas of concern, including collection and availability of
data, clarifying performance standards, improving accountability, and
integrating mitigation into the watershed approach. Development of
Site/Kind Guidance is one of these action items. A preliminary draft of
the Site/Kind Guidance was reviewed by participants at a July 2003
stakeholder forum held in Portland, Oregon, that brought together a
diverse group of individuals representing the regulated community,
environmental organizations, academia, non-governmental organizations,
and mitigation providers. The preliminary draft has been revised based
on comments received at that stakeholder forum. The FIMW is seeking
additional public review before finalizing the guidance. Please note
that comments, including names and street addresses of respondents, are
available for public review in a docket.
Copies of the Draft Site/Kind Guidance are available at the
Mitigation Action Plan Web site at http://www.mitigationactionplan.gov
(click on ``Status of Action Items'' and locate and click on ``On-site/
Off-site and In-kind/Out-of-kind Draft Guidance'' in the summary
table). A printed copy of the draft guidance can be obtained by
contacting: Susan-Marie Stedman, F/HC Room 14102, NOAA Fisheries, 1315
East-West Highway, Silver Spring MD 20910.
Dated: April 15, 2004.
Benjamin H. Grumbles,
Acting Assistant Administrator for Water.
[FR Doc. 04-9046 Filed 4-22-04; 8:45 am]
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