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Public Notices and References

References

QMS Processes

These are internal process documents which will affect how permit applicants and their representatives will work with SPD subordinate districts. These documents are for “Information Only.” The controlled versions reside on the SPD QMS SharePoint Portal. Please verify that the version of any document is the current one prior to proceeding.

12501-SPD Standard Operating Procedure for Determination of Mitigation Ratios

12502-SPD Regulatory Program Emergency Procedures

12503-SPD Regulatory Administrative Appeal Process

12504-SPD Essential Fish Habitat Procedures

12505-SPD Uniform Performance Standards for Compensatory Mitigation Requirements

12509-SPD Regulatory Program SOP for Preparing and Coordinating EISs

12510-SPD Wetlands Determination and Delineation Procedures for Irrigated Lands

Regional Guidelines and Standards

The following documents have been developed for use within all of South Pacific Division's (SPD) subordinate districts. They were developed to assure consistency within the Regulatory program across SPD and to aid the Regulated public in developing acceptable submittals.

Regional Compensatory Mitigation and Monitoring Guidelines

Regional Mapping Standards

Mitigation Banking Templates

California Mitigation Banking Proposal Guidance (rev. 5/2021) (PDF)
California Mitigation Banking Checklists (rev. 5/2021) (PDF)
California Mitigation Bank Enabling Instrument Template (rev. 5/2021) (Word)
Model Amendment for Advance Mitigation (rev 10/2023) (Word)
California Credit Sale and Transfer agreement (rev.5/2021) (Word)
California Credit Sale without Transfer Agreement (rev. 5/2021) (Word)
California Credit Transfer Agreement (rev. 5/2021) (Word)
Caltrans Std 213 Mitigation Agreement Template (rev. 9/2019) (PDF)
Caltrans Credit Sale Agreement (rev. 7/2022) (Word)
Caltrans Credit Transfer Agreement (rev. 7/2022) (Word)
California Long-term Management Plan Template (rev. 5/2008) (PDF)
California Conservation Easement Template (rev. 3/2017) (PDF)
Property Assessment and Warranty (rev. 05/2023) (Word)

March 2, 2017 Template Public Meeting Presentation

Agreements

2011 MOU concerning Mitigation and Conservation Banking and In-Lieu Fee Programs in California

Public Notices

Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

Public Notices published by the South Pacific Division (SPD) under the Regulatory Program are posted on this page. SPD public notices are primarily published to inform the public about new or proposed guidance, templates, procedures, and regional general permits, which are applicable to more than one of SPD's subordinate districts. Once a public notice is available on-line, notification of the SPD Public Notice is sent to individuals on the mailing lists of the appropriate districts by each of the affected districts .

Public Notices

12505-SPD

Published Dec. 19, 2012

PRINT | E-MAIL

STANDARD OPERATING PROCEDURE FOR UNIFORM PERFORMANCE STANDARDS

CORPS CONTACTS:

Los Angeles District:

Daniel P. Swenson (213) 452-3414 (Daniel.P.Swenson@usace.army.mil)

San Francisco District:

Laurie Monarres (415) 503-6774 (Laurie.A.Monarres@usace.army.mil)

Albuquerque District:

Deanna Cummings (505) 342-3280 (Deanna.L.Cummings@usace.army.mil)

Sacramento District:

Will Ness (916) 557-5268 (William.W.Ness@usace.army.mil)

South Pacific Division:

Tom Cavanaugh (415) 503-6574 (Thomas.J.Cavanaugh@usace.army.mil)

INTRODUCTION: This informational public notice announces a recently established procedure for determining compensatory mitigation performance standards as required for processing of Department of the Army (DA) permits under section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act, and section 103 of the Marine Protection, Research, and Sanctuaries Act.

This procedure applies to the Regulatory Program within South Pacific Division (SPD), including its four subordinate districts: Albuquerque District (SPA), Sacramento District (SPK), Los Angeles District (SPL), and San Francisco District (SPN). This procedure became effective on August 8, 2012 for all projects that require compensatory mitigation. Compensatory mitigation is the restoration (re-establishment or rehabilitation), establishment (i.e., creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable, adverse impacts that remain after all appropriate and practicable avoidance and minimization of aquatic resources has been achieved.

Historically, the South Pacific Division (SPD) Regulatory Program has lacked a standardized procedure or guidance for determining compensatory mitigation performance standards as required for processing of Department of the Army (DA) permits under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act. In addition, the 2008 mitigation rule (33 C.F.R. Part 332) does not provide a detailed procedure for determining performance standards. To address this long-standing need, a multi-district Project Delivery Team (PDT) was formed to develop a regional procedure for determining and documenting uniform compensatory mitigation performance standards, as well as accompanying guidance for Regulatory project managers. The purpose of this new, regional procedure is to reduce inconsistency between project managers, offices, and districts in determining compensatory mitigation performance standards, to incorporate current scientific understanding of mitigation concepts, and to require documentation of these key decisions, thereby reducing uncertainty on behalf of the regulated community regarding compensatory mitigation requirements. In addition, this new procedure incorporates recommendations of various outside reports/studies calling for expansion of performance standards beyond the traditionally flora-based standards. While not all performance standards will be applied to all projects, nor will any particular standard have the same numerical or functional targets for all projects, this new procedure provides a foundation for Regulatory project managers to select appropriate ecological performance standards.

Benefits of the new procedure include:

• Better predictability for regulated community;

• Increased ability to ensure compliance;

• Better gauge of long-term ecological viability of mitigation sites;

• Allows improved scientific comparison between mitigation sites.

Performance standard categories consist of:

• Physical;

• Hydrologic;

• Water quality;

• Flora;

• Fauna.

Performance standards incorporate:

• Aquatic resource type;

• Reference sites (as appropriate);

• Corresponding functional/condition metrics (for some performance standards);

• Guidance.

Documents associated with the procedure (attached) are as follows:

• Procedure document;

• Table of uniform performance standards;

• Uniform performance standards worksheet.

AVAILABILITY: This procedure is part of the U.S. Army Corps of Engineers Quality Management System (QMS). As such, it is not currently available for downloading by the public. In addition, this procedure may be updated periodically. To obtain the most recent version of these documents, please contact

Public Notices and References

References

QMS Processes

Regional Guidelines and Standards

Agreements

Public Notices

Public Notices

12505-SPD

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