Understand Federal mitigation regulations and the process for addressing mitigation as part of the permitting of development projects.
Most impacts to wetlands, streams and other waters (i.e., aquatic resources) occurring from development activities, like a road crossing or construction of a utility corridor, require permits from the U.S. Army Corps of Engineers (USACE) with the oversight of the U.S. Environmental Protection Agency (USEPA). Typically impacts greater than 0.1 acres in size require mitigation to compensate for authorized impacts. After advancing mitigation guidance for several decades in their regulatory programs, the USEPA and USACE adopted a final rule on Compensatory Mitigation for Losses of Aquatic Resources in 2008 providing specific mitigation requirements. This topic will review these Federal mitigation regulations and identify the process for addressing mitigation as part of the permitting of development projects.
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Agenda
Overview and History of Mitigation Requirements
- NEPA Mitigation Requirements
- Clean Water Act Requirements
- USACE and USEPA Federal Regulatory Programs
- Regulated Aquatic Resources
Regulatory Framework
- USEPA Section 404(b)(1) Guidelines
- Department of the Army Permit Processing
- Compensatory Mitigation for Losses of Aquatic Resources
Key Concepts of Compensatory Mitigation for Losses of Aquatic Resources Rule
- Definitions of Interest
- Preference of Mitigation Types
- Mitigation Banking
- Wetland Establishment and Enhancement
- Ecological Performance Standards
- General Mitigation Requirements
- In-Lieu Fee Programs
Addressing Mitigation for Projects
- Planning and Designing
- Permitting and Mitigation Plans
- Construction Phase
- Post-Construction Monitoring
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 27, 2018.
Call 1-866-352-9540 for further credit information.
No Credit AvailableThis program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty

David Charette
Langan Engineering and Environmental Services, Inc.
- Principal in Langan Engineering and Environmental Services, Inc.
- Director of Natural Resources and Land Use Permitting Group for Langan
- Practicing 30 years in the field of wetlands, wetlands mitigation and land use permitting in the Northeast
- B.S. degree, University of Connecticut; M.S. degree in ecology, Rutgers University
- Certified Professional Wetland Scientist (PWS) since 1994
- Leadership in Energy and Environmental Design (LEED) Accredited Professional
- Can be contacted at [email protected]
More Program Information
Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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