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Permittee-Responsible Mitigation (PRM) is defined in 33 CFR 332 as “an aquatic resource restoration, establishment, enhancement and/or preservation activity undertaken by the permittee (or an authorized agent or contractor) to provide compensatory mitigation for which the permittee retains full responsibility.” This type of mitigation may also be referred to as “project-specific mitigation.” The 2008 mitigation rule states preference and/or consideration is to be given to mitigation banks and in-lieu fee (ILF) arrangements over PRMs. PRMs are typically used when no feasible banking or ILF options are available.

Common examples where PRMs may apply include:

  • No banks exist in the watershed of the proposed impact
  • Banks that do exist do not have an adequate credits to satisfy the impact
  • The bank does not have the appropriate type of credit (i.e. out of kind habitat)
  • The PRM project would be more ecologically beneficial

Any type of mitigation solution proposed by a permit applicant must be approved by the U.S. Army Corps of Engineers and other governmental agencies. As with any mitigation plan, a proposed PRM mitigation plan must meet all conditions necessary per 33 CFR 332.4 (c) (2) through 33 CFR 332.4 (13) (the 12-step process). Delta can help you with 12-Step Process to accelerate the permitting process.

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