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Section 404 of the Clean Water Act

Compensatory Mitigation Site Protection Instrument Handbook and Fact Sheet

All compensatory mitigation plans required for Department of the Army (DA) permits must address 12 fundamental components. One of these components is the "site protection instrument" (see 33 CFR 332.4(c)). Long-term protection required for compensatory mitigation sites must be provided through real estate instruments or other appropriate mechanisms, as appropriate, considering relevant legal constraints. The site protection instrument is a written description of the legal arrangements, including site ownership, management, and enforcement of any use restrictions (such as prohibitions on mining, dumping, or clearing), that will be used to ensure the long-term protection of the compensatory mitigation project site.

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