40 CFR 230.75 - Actions affecting plant and animal populations

Cite as40 CFR 230.75
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8 practice notes
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase III facilities; requirements,
    • United States
    • Federal Register November 24, 2004
    • November 24, 2004
    ...on the aquatic ecosystem'' (40 CFR 230.10(d)). EPA has specifically defined minimization steps to include environmental restoration. See 40 CFR 230.75(d) (``Habitat development and restoration techniques can be used to minimize adverse impacts and to compensate for destroyed Moreover, at th......
  • Part II
    • United States
    • Federal Register July 09, 2004
    • July 9, 2004
    ...on the aquatic ecosystem'' 40 CFR 230.10(d). EPA has specifically defined minimization steps to include environmental restoration. See 40 CFR 230.75(d) (``Habitat development and restoration techniques can be used to minimize adverse impacts and to compensate for destroyed Moreover, at the ......
  • Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase II existing facilities; requirements,
    • United States
    • Federal Register July 09, 2004
    • July 9, 2004
    ...on the aquatic ecosystem'' 40 CFR 230.10(d). EPA has specifically defined minimization steps to include environmental restoration. See 40 CFR 230.75(d) (``Habitat development and restoration techniques can be used to minimize adverse impacts and to compensate for destroyed Moreover, at the ......
  • Part II
    • United States
    • Federal Register April 10, 2008
    • April 10, 2008
    ...of aquatic resources) is in the 404(b)(1) Guidelines as an action to minimize adverse effects on populations of plants and animals (see 40 CFR 230.75(d)). Compensatory mitigation may also be required to satisfy other legal requirements, as a result of the public interest review process, or ......
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1 cases
  • Ohio Val. Envir. Coal. v. U.S. Army Corps of Eng., Civil Action No. 3:05-0784.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • March 23, 2007
    ...measures. Mitigation techniques previously established to be effective in similar circumstances should be used where possible. 40 C.F.R. § 230.75(d). Where the effectiveness of particular mitigation techniques is unproven, the Corps must limit their use to a small scale to allow for correct......
1 books & journal articles
  • Practicable Alternatives for Wetlands Development Under the Clean Water Act
    • United States
    • Environmental Law Reporter Nbr. 48-10, October 2018
    • October 1, 2018
    ...46 (discussing implementation of the mitigation rule). For a chart showing wetland acres permitted and mitigated, see id. at 27. See 40 C.F.R. §230.75 (2018) (specifying compen-sation techniques).189. For a case taking this position, see Butte Envtl. Council v. U.S. Army Corps of Eng’rs, 62......

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