US Army Corps of Engineers BUILDING STRONG®

South Pacific Division

Dan Swenson Chief, LA and San Bernardino Section Regulatory Division Los Angeles District November 4, 2011

STANDARD OPERATING PROCEDURE FOR DETERMINATION OF MITIGATION RATIOS

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Summary

• General details

• Benefits

• List of documents

• Procedure: flow chart

• Checklist

• Step 3 Example (BAMI)

• Types of Impacts Addressed by Checklist

• FAQ’s

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SOP FOR DETERMINATION OF MITIGATION RATIOS: General Details

• Aka: “mitigation checklist”

• Finalized April 20, 2011, by regional PDT (2 year effort)

• However, as QMS procedure, it is a “living document” subject to

improvement over time: First update will occur within next 1-3 months. Additional examples using CRAM pending.

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SOP FOR DETERMINATION OF MITIGATION RATIOS: Benefits

• Provides structured decision-making procedure while retaining

flexibility

• Allows for qualitative or quantitative assessments of impacts & mitigation

• Results in a written rationale (decision document) for each ratio

determination

• Includes guidance for Corps project managers for each step of checklist

• Incorporates use of functional/condition assessments, generally

for larger projects

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SOP FOR DETERMINATION OF MITIGATION RATIOS: Documents

• QMS (internal) procedure document

• 1 Flowchart

• 4 Attachments:

1. Mitigation Ratio Setting Checklist 2 . Instructions for Preparing Mitigation Ratio Checklist 3. Examples of Mitigation Ratio Setting Checklist 4. Mitigation Ratio Setting Checklist, Step 3, CRAM Example

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STANDARD OPERATING PROCEDURE FOR DETERMINATION OF MITIGATION RATIOS

BUILDING STRONG®

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SOP FOR DETERMINATION OF MITIGATION RATIOS: Flow Chart

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SOP FOR DETERMINATION OF MITIGATION RATIOS: Attachment 1 (page 1 of checklist)

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SOP FOR DETERMINATION OF MITIGATION RATIOS: Attachment 1 (page 2 of checklist)

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SOP FOR DETERMINATION OF MITIGATION RATIOS: Attachment 4: Step 3, CRAM Example

PM’s can adapt BAMI spreadsheet to their functional/condition assessment method and enter data provided by applicant.

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Types of Impacts Addressed by Checklist

• Direct

Mitigation checklist is generally used for direct impacts.

• Indirect

Compensatory mitigation may be required to offset predictable indirect impacts located within the Corps scope of analysis. These impacts would also be addressed using the mitigation checklist.

• Cumulative

In rare cases where determined appropriate, cumulative impacts should be considered when determining mitigation requirements. The extent of cumulative impacts should be documented using available information, such as analyses or data associated with a Special Area Management Plan (SAMP), Watershed Management Plan, land use/land cover scenario assessment, hydrologic modeling, etc. Consistent with 40 C.F.R. 1508.7, the assessment must focus on the proposed action's impacts (i.e., incremental impact of the action) in the context of past, present, and reasonably foreseeable actions, regardless of the agency or person undertaking the other actions..

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Frequently Asked Questions (FAQ)

• Do applicants have to complete this checklist as part of the permitting process?

A: No, this is an internal, Corps procedure to be followed by Corps project managers for any project

requiring compensatory mitigation. Applicants are *not* required or requested to complete the checklist; however, Corps project managers may request additional information to assist them in completing the checklist.

• Ok, I know it’s not required, but can I submit a proposed, completed

checklist as part of my permit application?

A: Yes, the Corps will consider any information submitted as part of a permit application; however, please note the Corps will make its own determination regarding the amount (ratio) of required mitigation.

• How can I get access to these documents?

A: These documents are not currently being posted on publically-accessible Corps websites; however,

Corps project managers can, upon request, provide the current version of these documents to applicants via e-mail. Users should always verify they are using the current, authorized version.

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FAQs (continued)

• Can any functional/condition assessment be used for step 3?

A: Only assessment methods which have been approved by the applicable Corps district and comply with district (or upcoming regional) mitigation and monitoring guidelines may be used for step 3. In all cases, acceptable functional/condition assessment methods must be aquatic resource-based, standardized, comparable from site to site, unmodified (i.e., not “customized”), and approved by the applicable Corps District. In addition, the Corps prefers methods which have been peer-reviewed. Any such method should fit into the before-after-mitigation-impact (BAMI) structure and adjustment formula.

• If a multi-agency ratio-setting method has been established in my area, will

the Corps still need to use the checklist instead?

A: The checklist should be completed; however, an established multi-agency method may still be used. The Corps project manager will fill out the top and bottom portions of the checklist, attach the results using the multi-agency method, and place these documents into the Corps file as part of the administrative record.

• Will the Corps use the checklist for emergency projects, “self-mitigating”

projects, or projects with very small impacts?

A: Not necessarily. The Corps project manager must determine whether compensatory mitigation is required or not. If a determination is made not to require compensatory mitigation, the checklist requirement would not be applicable.

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Questions?