US Army Corps of Engineers
South Pacific Division Website

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

March 2, 2017 Template Public Meeting Presentation

 

Agreements

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

Mitigation Bank Enabling Instrument (BEI) Template

Published Dec. 3, 2020
Expiration date: 1/5/2021

SUBJECT: The U.S. Army Corps of Engineers’ (USACE) South Pacific Division, including its Sacramento, San Francisco, and Los Angeles Districts, along with the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Natural Resources Agency (CNRA), the National Marine Fisheries Service (NMFS), the United States Environmental Protection Agency (EPA), the State Water Resources Control Board (State Water Board), and the Natural Resources Conservation Service (NRCS), as potential participants in Interagency Review Teams (IRT), have updated the standard Bank Enabling Instrument (BEI) template for use in the development of mitigation banks that are within, or that propose service areas within the State of California. This notice is to inform interested parties of the availability of the draft updated template and to solicit comments from interested parties. This notice may be viewed at:

http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx

AUTHORITY: This template is proposed to supersede the previous version of template, published in September 2017. This template is used in the development of mitigation banks, which provide mitigation for impacts from projects which have which have received authorizations to proceed under the authorities of Section 10 of the Rivers and Harbors Act of 1899 for structures or work in or affecting navigable waters of the United States and/or Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. Additionally, this template is to be used when those mitigation banks would also propose to provide mitigation for projects which have been required to provide mitigation by USFWS, CDFW, NMFS, the State Water Board, and/or NRCS.

PROJECT DESCRIPTION: USACE, USFWS, NMFS, NRCS, EPA, CNRA, CDFW, and the State Water Board have jointly updated the attached BEI template. As mitigation banks in California typically provide credits for impacts regulated by multiple agencies, the attached documents integrate the requirements of USACE, USFWS, NMFS, NRCS, EPA, the California Resources Agency, the State Water Board, and CDFW. These agencies have committed through an interagency Memorandum of Understanding to establishing a combined and coordinated approach to mitigation banking which includes development of template documents for use throughout the State of California. These templates reflect existing regulations, policies, and guidance and represent the way in which USACE, USFWS, NMFS, NRCS, EPA, the CNRA, the State Water Board, and CDFW intend to implement and provide consistent approach to mitigation banking proposals. It is expected that, with a finalized templates, agencies and mitigation bankers will be able to proceed with confidence that regulatory needs are met and the information used in the bank review and approval process is adequate, predictable, consistent, and timely.

The primary reason for this update was to incorporate provisions that would allow for the sale of credits in advance of the issuance of a permit or authorization that identifies and requires specific mitigation. To accommodate this change, some definitions have changed and new terms have been introduced. Credits, purchased in advance, would be managed in RIBITS (Regulatory In lieu fee and Bank Information Tracking System), using the subledger function. As a bank would have to be active, in order to meet the requirement from 33 CFR 332.3(l)(3), which holds the permittee responsible for compensatory mitigation, until the district engineer has received documentation that confirms that the bank sponsor has accepted the responsibility for the required compensatory mitigation, optional provisions are included in the attached template credit sale without a transfer agreement, at section H.6.C, to ensure that permittees and bank sponsors are aware of and have agreed upon terms regarding potential credit expiration and refunds. Absent agreement between the bank sponsor and the permittee, utilizing the first optional provision "C", the bank sponsor would be expected to utilize the second provision "C" and keep the bank open until credits, sold in advance, have been utilized.

Other changes include language clarifying the role of IRT agencies, which choose not to sign the BEI; requiring interim management activities to be described in the development plan, rather than in a separate exhibit; changes to the section describing the use of the CPI adjustment to the endowment amount, during years where there is deflation; and various other changes, made to provide clarification, correct typos, fix referencing issues, and fix formatting.

If you have questions or wish to discuss these changes, representatives from each of the above agencies, as members of the Project Delivery Team (PDT) and Banking Agency Management Team (BAMT) will be available on December 16, 2020, from 1:00 to 3:00 PM, via WebEx:

WebEx Address: https://usace1.webex.com/meet/BEI.Discussion

Meeting Number(s): 199 890 2796

No separate access or security code required.

 

For those unable to use WebEx or who need to call in directly for audio:

The call-in number for telephone participants is: (844) 800-2712, Access Code: 199 890 2796 Security code: 7734

 

Written comments may also be submitted, by January 4, 2021, to:

Tom Cavanaugh

Administrative Appeal Review Officer,

U.S. Army Corps of Engineers

South Pacific Division, CESPD-PDO, 4765H

Phillip Burton Federal Building, Post Office Box 36023

450 Golden Gate Avenue, San Francisco, California 94102

Or, email:

thomas.j.cavanaugh@usace.army.mil

If you have questions or need additional information please contact Tom Cavanaugh, 415-503-6574, Thomas.J.Cavanaugh@usace.army.mil.

 

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