Freshwater Wetlands - Hydro-Environmental Analysis: Freshwater Environments - page 530

FIGURE 19.12 Federal Register .

• Requires measurable and enforceable ecological performance standards for all types of

compensation so that project success can be evaluated

• Requires regular monitoring to document that compensation sites achieve ecological per-

formance standards

• Clearly speciies the components of a complete compensation plan based on the principles

of aquatic ecosystem science

• Emphasizes the use of science-based assessment procedures to evaluate the extent of

potential water resource impacts and the success of compensation measures

The new rule retained and reformed compensatory mitigation and also retained in-lieu-fee and
mitigation banks as third-party mitigation approaches, but placed new rules on them. For example,
in-lieu-fee mitigations must meet the same performance standards as mitigation banks, but they are
restricted to government agencies and not-for-proit organizations.

19.5.2.4 State Involvement
The Corps is the federal permitting authority for Section 404 of the CWA. However, the CWA
provided a mechanism for state/tribal and federal cooperation in the 404 program, allowing, for
example, a state to “administer its own individual and general permit program” in place of the fed-
eral dredge and ill permit program. To date though, only Michigan and New Jersey have elected to
do so (ASWM 2011).
One section of the CWA where states do maintain control is through Section 401. Under CWA
Section 401, states have the authority to ensure that federal agencies will not issue permits or
licenses that violate the water quality standards, or other applicable authorities, of a state or tribe