Legals
STANDARD OPERATING PROCEDURE FOR DETERMINATION OF MITIGATION RATIOS
CORPS CONTACTS:
Los Angeles District:
Daniel P. Swenson (213) 452-3414 (
San Francisco District:
Laurie Monarres (415) 503-6774 (
Albuquerque District:
Deanna Cummings (505) 342-3280 (
Sacramento District:
Will Ness (916) 557-5268 (
South Pacific Division
Tom Cavanaugh (415) 503-6574 (
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.
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 is applicable for all permit applications received after 20 April 2011 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. The procedure was updated in January, August and November 2012 (updates described below).
Historically, the SPD Regulatory Program has lacked a procedure or guidance for determining compensatory mitigation ratios 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 compensatory mitigation ratios. However, it does provide some general guidelines and requires that the rationale for the required replacement ratio must be documented in the administrative record for the permit action.
To address this long-standing need, a multi-district team was formed to develop a regional procedure for determining and documenting compensatory mitigation ratios, 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 requirements, 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.
Benefits of the new procedure include:
- Provides a structured decision-making procedure while retaining flexibility;
- Allows for qualitative or quantitative assessments of impacts and mitigation;
- Results in a written rationale (decision document) for each ratio determination;
- Includes guidance (instructions) for each step of checklist; and
- Incorporates use of functional/condition assessments when available and/or required.
Factors considered as part of this procedure include:
- Impact-mitigation comparison (quantitative or qualitative);
- Mitigation site location;
- Net loss of aquatic resource surface area;
- Type conversion;
- Uncertainty of success; and
- Temporal loss.
Documents associated with the procedure (attached) include:
- Procedure document;
- Mitigation ratio setting checklist;
- Instructions;
- Examples; and
- Before-after mitigation-impact spreadsheet.
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 the Regulatory Division of the applicable SPD Corps district (contacts listed above).
To see all of this notice’s attachments, visit http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences/tabid/10390/Article/7554/12501-spd.aspx .
- Details
- Written by: US Army Corps of Engineers
STANDARD OPERATING PROCEDURE FOR UNIFORM PERFORMANCE STANDARDS
CORPS CONTACTS:
Los Angeles District:
Daniel P. Swenson (213) 452-3414 (
San Francisco District:
Laurie Monarres (415) 503-6774 (
Albuquerque District:
Deanna Cummings (505) 342-3280 (
Sacramento District:
Will Ness (916) 557-5268 (
South Pacific Division:
Tom Cavanaugh (415) 503-6574 (
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 one of the individuals listed above.
To see all of the notice attachments, visit http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences/tabid/10390/Article/7555/12505-spd.aspx .
- Details
- Written by: US Army Corps of Engineers
Bay Delta Plan Update
Draft San Joaquin River Flow and Southern Delta
Salinity Requirements Released for Public Comment
The State Water Resources Control Board (State Water Board) is releasing proposed revisions to the flow requirements for the San Joaquin River and its tributaries (Merced, Stanislaus and Tuolumne) to protect fish and wildlife, and salinity requirements to protect Southern Delta agriculture.
The State Water Board periodically updates the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta Plan) to protect municipal, industrial, agricultural, and fish and wildlife beneficial uses.
The Bay-Delta Plan identifies the beneficial uses of water, water quality objectives to protect the uses, and a program of implementation to achieve the objectives.
The proposed revisions reflect the first phase of effort to update the Bay-Delta Plan (last updated in 2006).
Phase II of the State Water Board’s Bay-Delta Plan update will address the rest of the Bay-Delta Plan and ensure that the substantial body of information developed through the Bay-Delta Conservation Planning effort is fully considered in the State Water Board’s update process.
A public comment period began Monday on the proposed revisions and ends March 5, 2013. A workshop to discuss the proposed revisions is set to begin on March 20, 2013.
For more information, and to see the documents out for public review, please visit:
http://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/bay_delta_plan/water_quality_control_planning/2012_sed/ .
A fact sheet on this can be found at: http://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/bay_delta_plan/water_quality_control_planning/2012_sed/docs/sjr_factsheet2012.pdf .
What is being released for public review and comment:
- Proposed revisions to the flow objectives for the San Joaquin River and its salmon-bearing tributaries and salinity objectives for the Southern Delta.
- A draft Substitute Environmental Document that describes the potential environmental effects of the flow and salinity alternatives that were considered.
- Details
- Written by: State Water Resources Control Board
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