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Federal Guidance on Protection and Mitigation of Difficult To Replace Aquatic Resources Under Section 404 of the Clean Water Act

By Government of the United States
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This document provides interagency guidance on the special emphasis given to protection of wetlands and other aquatic resources (hereafter collectively referred to as aquatic resources) for which compensatory mitigation through restoration or creation is not feasible or scientifically viable. These are termed difficult to replace (DTR) aquatic resources. Additionally, this document provides guidance on compensatory mitigation for DTR aquatic resources when necessary to meet permit requirements under Section 404 of the Clean Water Act. The 404 permit program requires appropriate and practicable compensatory mitigation to offset unavoidable impacts to aquatic resources by replacing functions lost as a result of activities authorized by the U.S. Army Corps of Engineers (Corps).