Changes to:
STANDARD OPERATING PROCEDURE FOR DETERMINATION OF MITIGATION RATIOS
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 updates to a procedure for determining compensatory mitigation requirements 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.
ANNOUNCING: Several corrections, enhancements, and clarifications have been made to this Corps Quality Management System (QMS) procedure:
1) Procedure No. 12501: added clarification to QMS document section 2 (Applicability):
“For NWPs re-verification requests where the mitigation ratio checklist was not completed previously, use of the checklist is required in order to ensure minimal impacts (including consideration of compensatory mitigation), to ensure compliance with the 2008 Mitigation Rule (33 CFR Part 332), and to comply with this new QMS procedure designed to ensure compensatory mitigation is sufficient to offset authorized impacts. For individual permits (SIP and LOP), if the original application predates this QMS procedure (effective 20 April 2011), the checklist would not be required for subsequent modification requests (time extension or activity modifications), unless the requested modification includes a substantial increase in impacts. In addition, in cases where compensatory mitigation has already been constructed or where the applicant can otherwise fully demonstrate substantial resources have been expended or committed in reliance on previous guidance governing compensatory mitigation for DA permits, the checklist would not be required.”
2) Procedure No. 12501: added caveats to QMS document section 7 (Procedures):
“Some states within SPD’s AOR contain over appropriated basins, which make it very difficult to obtain an adequate water right to secure site hydrology. In some SPD states the authority responsible for managing water rights may impose a 1:1 area-based limit on compensatory mitigation projects. In these situations the PM is still required to determine a compensation ratio using the mitigation checklist. If adequate water rights are not available to support an establishment or re-establishment ratio greater than a 1:1, the PM will consider options such as non-consumptive enhancement/rehabilitation projects, preservation, buffer establishment/restoration and protection, and restoration of floodplain connectivity, to obtain appropriate and practicable compensatory mitigation.”
3) Attachments 12501.1 and 12501.6 (checklist): added fields for impact and mitigation site hydrology;
4) Attachment 12501.2 (instructions): added fields for impact and mitigation site hydrology, added clarification for step 9 (expressing ratios);
5) Attachment 12501.3 (examples): various corrections;
6) Attachment 12501.5 (training presentation): updated
7) Attachment 12501.6 (Excel version of checklist): minor correction to step 9 formulas;
AVAILABILITY: This procedure is part of the U.S. Army Corps of Engineers Quality Management System (QMS) and may be updated periodically. The most recent version of these documents is available here: http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx.