A permittee may be required to provide compensatory mitigation through an aquatic resource restoration, establishment, enhancement and/or preservation activity. This compensatory mitigation may be provided at or adjacent the impact site (i.e., on-site mitigation) or at another location, usually within the same watershed as the permitted impact (i.e., off-site mitigation). The permittee retains responsibility for the implementation and success of the mitigation project.
When compensatory mitigation is required, permittees will be required to submit periodic monitoring reports to certify that the compensatory mitigation has been accomplished and to assess the development and conditions of the mitigation project. Failure to submit required monitoring reports on time, when required by the permit special conditions, may result in compliance action by the district. A letter from the U.S. Army Corps of Engineers is required to confirm the mitigation site has met its performance standards and no further monitoring is necessary.