U.S. Army Corps of Engineers Regulatory Branch Permitting and MVN MCM Overview.

U.S. Army Corpsof Engineers

Regulatory BranchPermitting and MVN MCM

Overview

U.S. Army Corpsof Engineers DEPARTMENT OF THE ARMY DEPARTMENT OF THE ARMY

REGULATORY AUTHORITYREGULATORY AUTHORITYTHE U.S. ARMY CORPS OF ENGINEERS THE U.S. ARMY CORPS OF ENGINEERS REGULATORY AUTHORITY IS BASED UPONREGULATORY AUTHORITY IS BASED UPON

1.1. SECTION 10 OF THE RIVERS AND SECTION 10 OF THE RIVERS AND HARBORS ACT OF 1899 (RHA) HARBORS ACT OF 1899 (RHA) ANDAND

2.2. SECTION 404 OF THE CLEAN SECTION 404 OF THE CLEAN WATER ACT (WATER ACT (CWACWA))..


SECTION 10 OF THE SECTION 10 OF THE RIVERS AND RIVERS AND

HARBORS ACT OF HARBORS ACT OF 18991899

AUTHORIZES THE SECRETARY OF THE AUTHORIZES THE SECRETARY OF THE ARMY TO REGULATE ALL ACTIVITIES ARMY TO REGULATE ALL ACTIVITIES

AND STRUCTURES IN NAVIGABLE AND STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES, WATERS OF THE UNITED STATES,

INCLUDING CONSTRUCTION, INCLUDING CONSTRUCTION, EXCAVATION, OR DEPOSITION OF EXCAVATION, OR DEPOSITION OF

MATERIALS IN, OVER, OR UNDER SUCH MATERIALS IN, OVER, OR UNDER SUCH WATERS, OR ANY WORK WHICH WATERS, OR ANY WORK WHICH WOULD AFFECT THE COURSE, WOULD AFFECT THE COURSE,

LOCATION, CONDITION, OR CAPACITY LOCATION, CONDITION, OR CAPACITY OF THOSE WATERS.OF THOSE WATERS.


SECTION 404 OF THE SECTION 404 OF THE CLEAN WATER ACTCLEAN WATER ACT

(CWA)(CWA) AUTHORIZES THE SECRETARY OF THE AUTHORIZES THE SECRETARY OF THE

ARMY, ACTING THROUGH THE CHIEF ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO ISSUE PERMITS, OF ENGINEERS, TO ISSUE PERMITS,

AFTER NOTICE AND OPPORTUNITY FOR AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, FOR THE PUBLIC HEARING, FOR THE

DISCHARGE OF DREDGED OR FILL DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE MATERIAL INTO WATERS OF THE

UNITED STATES AT SPECIFIC DISPOSAL UNITED STATES AT SPECIFIC DISPOSAL SITESSITES..

U.S. Army Corpsof Engineers Jurisdiction – Section Jurisdiction – Section

404 Clean Water Act404 Clean Water Act Definitions:Definitions:

Fill MaterialFill Material – any material that has the effect – any material that has the effect of replacing an aquatic area with dry land or of of replacing an aquatic area with dry land or of changing the bottom elevation of a waterbody changing the bottom elevation of a waterbody or wetland; includes rock, soil, dirt or similar or wetland; includes rock, soil, dirt or similar materials.materials.

Discharge of Fill MaterialDischarge of Fill Material – the addition of fill – the addition of fill material into waters of the U.S.material into waters of the U.S.

U.S. Army Corpsof Engineers THE CORPS THE CORPS

JURISDICTIONAL JURISDICTIONAL LIMITSLIMITS

THE CORPS THE CORPS JURISDICTIONAL JURISDICTIONAL

LIMITSLIMITSTHE LIMITS OF THE CORPS THE LIMITS OF THE CORPS

REGULATORY JURISDICTION REGULATORY JURISDICTION ARE DEFINED AS: ARE DEFINED AS:

NAVIGABLE WATERS OF THE NAVIGABLE WATERS OF THE U.S.U.S. UNDER SECTION 10 OF UNDER SECTION 10 OF THE THE RHA.RHA.

WATERS OF THE U.S.WATERS OF THE U.S. UNDER UNDER SECTION 404 OF THE SECTION 404 OF THE CWA.CWA.


NAVIGABLE WATERS NAVIGABLE WATERS OF THE US INCLUDE:OF THE US INCLUDE:NAVIGABLE WATERS NAVIGABLE WATERS OF THE US INCLUDE:OF THE US INCLUDE:

1.1.ALL WATERS WHICH AREALL WATERS WHICH ARE CURRENTLY USED, OR WERE USED CURRENTLY USED, OR WERE USED IN THE PAST, OR MAY BE IN THE PAST, OR MAY BE SUSCEPTIBLE TO USE IN SUSCEPTIBLE TO USE IN INTERSTATE OR FOREIGN INTERSTATE OR FOREIGN COMMERCE, COMMERCE,

2.2.ALL WATERS SUBJECT TO THE EBB ALL WATERS SUBJECT TO THE EBB AND FLOW OF THE TIDE.AND FLOW OF THE TIDE.


ALL NAVIGABLE WATERS, ALL NAVIGABLE WATERS, INTERSTATE WATERS, TRIBUTARIES INTERSTATE WATERS, TRIBUTARIES

TO NAVIGABLE AND INTERSTATE TO NAVIGABLE AND INTERSTATE WATERS, WETLANDS AND OTHER WATERS, WETLANDS AND OTHER

SPECIAL AQUATIC SITES, AND SPECIAL AQUATIC SITES, AND TERRITORIAL SEAS.TERRITORIAL SEAS.

ALL NAVIGABLE WATERS, ALL NAVIGABLE WATERS, INTERSTATE WATERS, TRIBUTARIES INTERSTATE WATERS, TRIBUTARIES

TO NAVIGABLE AND INTERSTATE TO NAVIGABLE AND INTERSTATE WATERS, WETLANDS AND OTHER WATERS, WETLANDS AND OTHER

SPECIAL AQUATIC SITES, AND SPECIAL AQUATIC SITES, AND TERRITORIAL SEAS.TERRITORIAL SEAS.

WATERS OF THE US WATERS OF THE US INCLUDE:INCLUDE:


Department of the Army Permitting

-Determine Jurisdiction

-Define Project

-Determine Work Type and Resource Impacts

-Determine Type of Permit

U.S. Army Corpsof Engineers Jurisdictional Jurisdictional

DeterminationsDeterminations Only the Corps of Engineers can make an Only the Corps of Engineers can make an

official determination of waters of the USofficial determination of waters of the US Biologists at the Corps use technical manuals, Biologists at the Corps use technical manuals,

guidance documents, and court decisions to guidance documents, and court decisions to make official determinations, majority of make official determinations, majority of which for wetlandswhich for wetlands

1987 Wetlands Delineation Manual1987 Wetlands Delineation Manual Court Decisions (Rapanos and Carabell, Court Decisions (Rapanos and Carabell,

SWANCC)SWANCC) 2008 Regional Supplement to Wetland 2008 Regional Supplement to Wetland

Delineation ManualDelineation Manual


Regulatory Definition of Wetlands ““Wetlands” are defined as: Wetlands” are defined as:

those areas that are inundated or those areas that are inundated or saturated by surface or ground saturated by surface or ground waterwater at a at a frequency and duration sufficient to frequency and duration sufficient to support, and that under normal support, and that under normal circumstances do support, a prevalence of circumstances do support, a prevalence of vegetationvegetation typically adapted for life in typically adapted for life in saturated saturated soilsoil conditions. conditions.

- - 33 CFR 328.3(b)- - 33 CFR 328.3(b)


Three Diagnostic Three Diagnostic Characteristics of WetlandsCharacteristics of Wetlands

Hydrophytic VegetationHydrophytic Vegetation Wetland HydrologyWetland Hydrology Hydric SoilsHydric Soils


Jurisdictional Jurisdictional DeterminationsDeterminations

http://www.mvn.usace.army.mil/http://www.mvn.usace.army.mil/ops/regulatory/request_form.docops/regulatory/request_form.doc


Jurisdictional Jurisdictional DeterminationsDeterminations

Typically if the jurisdictional request is Typically if the jurisdictional request is submitted by non-commercial entities and submitted by non-commercial entities and the site size is less than 5 acres, the Corps the site size is less than 5 acres, the Corps will provide a Corps Issued Determination will provide a Corps Issued Determination for the site.for the site.

If the site size is 5 acres or more or the If the site size is 5 acres or more or the request is submitted by a commercial request is submitted by a commercial entity, then we may request data related to entity, then we may request data related to soils, vegetation, and hydrology necessary soils, vegetation, and hydrology necessary to identify wetlands. This field data is to identify wetlands. This field data is typically collected & submitted by a typically collected & submitted by a professional consultant. professional consultant.

U.S. Army Corpsof Engineers TerminologyTerminology

Jurisdictional Determination (JD) Jurisdictional Determination (JD) - - tells you if you are in a Section 10 tells you if you are in a Section 10 waterway or if waters of the US are waterway or if waters of the US are present on your site for which you present on your site for which you would need to apply for a 404 would need to apply for a 404 permit. These are appealablepermit. These are appealable

Preliminary JD – Preliminary JD – Not Appealable, can Not Appealable, can use in permitting if applicant use in permitting if applicant requestsrequests

U.S. Army Corpsof Engineers JD Time FramesJD Time Frames

A Corps issued determination (or A Corps issued determination (or delineation) is good for 5 years. delineation) is good for 5 years.

According to the most current information According to the most current information the New Orleans District is completing the New Orleans District is completing 60% of our determinations within 90 days 60% of our determinations within 90 days or less.or less.

*It is recommended to receive an approved *It is recommended to receive an approved JD prior to submittal of an applicationJD prior to submittal of an application


PERMIT APPLICATIONPERMIT APPLICATION Department of the Army Permit Department of the Army Permit

Application - ENG Form 4345Application - ENG Form 4345 A vicinity map, a plan view and a A vicinity map, a plan view and a

cross section of the proposed work.cross section of the proposed work. Joint Corps/Coastal Zone Joint Corps/Coastal Zone

Application – Modified ENG Form Application – Modified ENG Form 43454345

Applications received are forwarded Applications received are forwarded to the appropriate Section chiefs to the appropriate Section chiefs


Permit Evaluation Permit Evaluation SectionsSections

- Eastern : Jefferson, Orleans, Plaquemines- Eastern : Jefferson, Orleans, Plaquemines St. Bernard, St. Charles, St. Tammany,St. Bernard, St. Charles, St. Tammany, WashingtonWashington

- Central : Ascension, St. John the Baptist, - Central : Ascension, St. John the Baptist,

East Baton Rouge, TangipahoaEast Baton Rouge, Tangipahoa

East Feliciana, West Baton RougeEast Feliciana, West Baton Rouge

Iberville, West Feliciana, LivingstonIberville, West Feliciana, Livingston

St. Helena, St. JamesSt. Helena, St. James


Permit Evaluation Permit Evaluation SectionsSections

- Western : Acadia, Evangeline, St. - Western : Acadia, Evangeline, St. Martin, Allen Martin, Allen Iberia, St. Mary, Assumption Iberia, St. Mary, Assumption

Jefferson Davis, Vernon, Avoyelles Jefferson Davis, Vernon, Avoyelles Lafayette, Terrebonne, Lafayette, Terrebonne, Beauregard Beauregard Lafourche, Lafourche, Vermillion, Calcasieu Vermillion, Calcasieu Pointe Coupee, Cameron, RapidesPointe Coupee, Cameron, Rapides

Concordia, St. LandryConcordia, St. Landry

U.S. Army Corpsof Engineers Evaluation SectionEvaluation Section

The Section chiefs will make a preliminary The Section chiefs will make a preliminary determination on regulatory authority (CWA determination on regulatory authority (CWA or RHA) and a cursory determination of or RHA) and a cursory determination of permit type that may be applicablepermit type that may be applicable

Section chiefs then assign the application to Section chiefs then assign the application to one of the project managers within the one of the project managers within the sectionsection

The project managers will validate The project managers will validate regulatory authority and qualified permit regulatory authority and qualified permit type, and make a completeness type, and make a completeness determination.determination.

U.S. Army Corpsof Engineers TYPES OF TYPES OF

PERMITSPERMITSTYPES OF TYPES OF PERMITSPERMITS

NATIONWIDE (NWP)NATIONWIDE (NWP) REGIONAL/STATE PROGRAM GENERAL REGIONAL/STATE PROGRAM GENERAL

PERMITS (PGP)PERMITS (PGP)LETTER OF PERMISSION (LOP)LETTER OF PERMISSION (LOP)

INDIVIDUALINDIVIDUAL


NATIONWIDE NATIONWIDE PERMITSPERMITS

Nationwide Permits are a type of Nationwide Permits are a type of general permit issued by the Chief of general permit issued by the Chief of Engineers, and designed to regulate Engineers, and designed to regulate with little, if any, delay or paperwork with little, if any, delay or paperwork certain activities with minimal certain activities with minimal impactsimpacts

U.S. Army Corpsof EngineersExamples of Nationwide Examples of Nationwide

PermitsPermits NWP 3 – Maintenance of Existing NWP 3 – Maintenance of Existing

StructuresStructures NWP 12 – Utility Line ActivitiesNWP 12 – Utility Line Activities NWP 27 – Aquatic Habitat NWP 27 – Aquatic Habitat

RestorationRestoration http://www.mvn.usace.army.mil/ops/regulatory/http://www.mvn.usace.army.mil/ops/regulatory/

NWP_Table.htmNWP_Table.htm


Regional General Regional General PermitsPermits

General Permits are issued by the General Permits are issued by the Corps District for certain similar Corps District for certain similar activities that have minor impactsactivities that have minor impacts

The New Orleans District has 27 The New Orleans District has 27 Regional General Permits Regional General Permits


New Orleans District New Orleans District RGPsRGPs

NOD-2 Trenasse MaintenanceNOD-2 Trenasse Maintenance NOD-3 Foundation Pads for Drilling NOD-3 Foundation Pads for Drilling

Barges in Open WaterBarges in Open Water NOD-29 Small Boat Slips and NOD-29 Small Boat Slips and

AppurtenancesAppurtenances http://www.mvn.usace.army.mil/ops/regulatory/http://www.mvn.usace.army.mil/ops/regulatory/

genperm.htmgenperm.htm


PROGRAMMATIC PROGRAMMATIC PERMITPERMIT

Programmatic permits are a type Programmatic permits are a type of general permit founded on an of general permit founded on an existing state, local or other existing state, local or other Federal agency program and Federal agency program and designed to avoid duplication of designed to avoid duplication of that program. For the New that program. For the New Orleans District, PGPs in the Orleans District, PGPs in the Coastal ZoneCoastal Zone


Department of the Department of the ArmyArmy

Individual PermitsIndividual Permits Activities which do not comply with Activities which do not comply with

any of the abbreviated procedures any of the abbreviated procedures must be evaluated under individual must be evaluated under individual permitting procedures.permitting procedures.


PERMIT PROCESSING FLOWCHART FOR PERMIT PROCESSING FLOWCHART FOR INDIVIDUAL PERMITSINDIVIDUAL PERMITS

JURISDICTIONAL DETERMINATION JURISDICTIONAL DETERMINATION COMPLETED.COMPLETED.

PRE-APPLICATION CONSULTATION PRE-APPLICATION CONSULTATION (IF NECESSARY).(IF NECESSARY).

APPLICATION SUBMITTED WITH APPLICATION SUBMITTED WITH COMPLETE PLANS.COMPLETE PLANS.

PUBLIC NOTICE (PN) ISSUED. PUBLIC NOTICE (PN) ISSUED. INTERAGENCY FIELD TRIP (IF INTERAGENCY FIELD TRIP (IF

NECESSARY).NECESSARY).


PERMIT PROCESSING FLOWCHART FOR PERMIT PROCESSING FLOWCHART FOR INDIVIDUAL PERMITS (cont)INDIVIDUAL PERMITS (cont)

COMMENTS FROM PN SUBMITTED TO COMMENTS FROM PN SUBMITTED TO APPLICANT.APPLICANT.

EVALUATION OF COMMENTS AND EVALUATION OF COMMENTS AND OTHER INFORMATION BY REGULATORY OTHER INFORMATION BY REGULATORY PERSONNEL.PERSONNEL.

ISSUANCE OR DENIAL OF PERMITS ISSUANCE OR DENIAL OF PERMITS FROM THE LOUISIANA DEPARTMENTS FROM THE LOUISIANA DEPARTMENTS OF ENVIRONMENTAL QUALITY AND OF ENVIRONMENTAL QUALITY AND COASTAL MANAGEMENT (WHERE COASTAL MANAGEMENT (WHERE APPLICABLE).APPLICABLE).

U.S. Army Corpsof Engineers PUBLIC NOTICEPUBLIC NOTICE

A public notice will be issued for A public notice will be issued for 15/20 days to allow the public, 15/20 days to allow the public, Federal and State agencies and Federal and State agencies and other concerned parties an other concerned parties an opportunity to comment on the opportunity to comment on the proposed projectproposed project..

All public notices are now on the All public notices are now on the internetinternet

U.S. Army Corpsof Engineers PERMIT EVALUATIONPERMIT EVALUATION

Review the project with regard to public Review the project with regard to public interest factors listed in 33 CFR 320.4. interest factors listed in 33 CFR 320.4. These factors are:These factors are:

Conservation, economics, aesthetics, Conservation, economics, aesthetics, general environmental concerns, wetlands, general environmental concerns, wetlands, historic properties, fish and wildlife values, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, navigation, shore erosion and accretion, recreation, water supply and conservation, recreation, water supply and conservation, water quality, energy needs, safety, food and water quality, energy needs, safety, food and fiber production, mineral needs, fiber production, mineral needs, considerations of property ownership, and in considerations of property ownership, and in general, the needs and welfare of the peoplegeneral, the needs and welfare of the people

U.S. Army Corpsof Engineers EVALUATION …ContEVALUATION …Cont..

We will also consider:We will also consider: Relative extent of public and private Relative extent of public and private

need of the project.need of the project. Practicability of using alternative Practicability of using alternative

sites and methods. sites and methods. Extent and permanence of the Extent and permanence of the

anticipated beneficial and/or anticipated beneficial and/or detrimental effects of the proposed detrimental effects of the proposed work.work.


AVOIDANCEAVOIDANCE MINIMIZATIONMINIMIZATION COMPENSATIONCOMPENSATION

SEQUENCING FOR

REDUCTION OF IMPACT


COMPENSATORY

MITIGATION EstablishmentEstablishment Re-Re-

establishmentestablishment RehabilitationRehabilitation EnhancementEnhancement PreservationPreservation


COMPENSATORY COMPENSATORY MITIGATIONMITIGATIONAPPROACHESAPPROACHES

CONSOLIDATEDCONSOLIDATED MITIGATION BANKSMITIGATION BANKS IN-LIEU FEEIN-LIEU FEE

PERMITTEE RESPONSIBLEPERMITTEE RESPONSIBLE DESIGNED TO MITIGATE A DESIGNED TO MITIGATE A

SPECIFIC , USUALLY SINGLE, SPECIFIC , USUALLY SINGLE, IMPACTIMPACT


Mitigation Rule 33 CFR Part 332 Mitigation Rule 33 CFR Part 332 “Compensatory Mitigation For “Compensatory Mitigation For Losses Of Aquatic Resources”Losses Of Aquatic Resources”

Published in Federal RegisterPublished in Federal Register/ Vol. 73, No. 70 / Thursday, April 10, 2008 / Rules and Regulations, pages 19594 – 19705 (111 pages)

Effective date June 10, 2008 Contains both the Corps of Engineers and the

Environmental Protection Agency regulations. Preamble 76 pages Corps regulations +17 EPA regulations +17

U.S. Army Corpsof Engineers Mitigation Rule Provides Mitigation Rule Provides

for:for: Greater predictability, transparencyGreater predictability, transparency Improved mitigation planning and site Improved mitigation planning and site

selectionselection Improved performance of compensatory Improved performance of compensatory

mitigation projectsmitigation projects Possible reduction in permitting timePossible reduction in permitting time Flexibility of mitigation optionsFlexibility of mitigation options Increased public participationIncreased public participation Strongly encourages watershed Strongly encourages watershed

approachapproach


Principles in Final RulePrinciples in Final Rule

Mitigation sequence retainedMitigation sequence retained avoid, minimize, compensateavoid, minimize, compensate

Preference hierarchy for mitigation options:Preference hierarchy for mitigation options: Mitigation bank creditsMitigation bank credits In-lieu fee program creditsIn-lieu fee program credits Permittee-responsible mitigation under a Permittee-responsible mitigation under a

watershed approachwatershed approach On-site and/or in-kind permittee-responsible On-site and/or in-kind permittee-responsible

mitigationmitigation Off-site and/or out-of-kind permittee-responsible Off-site and/or out-of-kind permittee-responsible

mitigationmitigation


Principles in Final RulePrinciples in Final Rule

District engineer is the decision-makerDistrict engineer is the decision-maker Mitigation bank or ILF – responsibility to Mitigation bank or ILF – responsibility to

provide compensatory mitigation is provide compensatory mitigation is transferred to the sponsor when permittee transferred to the sponsor when permittee secures creditssecures credits

Long-term management may be transferred Long-term management may be transferred to another entityto another entity

Performance standards ecologically-drivenPerformance standards ecologically-driven Adaptive management – make fixes for Adaptive management – make fixes for

successful performance successful performance


Principles in Final RulePrinciples in Final Rule Watershed Approach (Recommended by Watershed Approach (Recommended by

National Research Council)National Research Council) Strategic site selection to improve or maintain Strategic site selection to improve or maintain

watershed functionswatershed functions Use available watershed planning informationUse available watershed planning information Consider type of mitigation, landscape position, Consider type of mitigation, landscape position,

and other factors to provide desired functionsand other factors to provide desired functions Level of information and analysis commensurate Level of information and analysis commensurate

with the scope of permitted activitywith the scope of permitted activity May use multiple sites – e.g., on-site for water May use multiple sites – e.g., on-site for water

quality, water storage; off-site for habitatquality, water storage; off-site for habitat Allows preservation, riparian areas, and buffers Allows preservation, riparian areas, and buffers

– ALLOWABLE IF RESTRICTIVE CRITERIA ARE – ALLOWABLE IF RESTRICTIVE CRITERIA ARE MET WITH LIMITED CREDITS FOR THESE MET WITH LIMITED CREDITS FOR THESE OPTIONS.OPTIONS.

U.S. Army Corpsof Engineers MVN MCM 2012MVN MCM 2012

Corps of Engineers, New Orleans District’s Corps of Engineers, New Orleans District’s Modified Charleston Method (MVN MCM)Modified Charleston Method (MVN MCM)

Assessment model used to calculate Assessment model used to calculate adverse impacts to wetlandsadverse impacts to wetlands

MVN MCM is based on evaluation criteria MVN MCM is based on evaluation criteria weighted by their importance and weighted by their importance and selections within each factor.selections within each factor.

A variation of existing methodology, A variation of existing methodology, Charleston Method, which is a mitigation Charleston Method, which is a mitigation assessment technique. assessment technique.


Based on methodology developed by Based on methodology developed by the Charleston Districtthe Charleston District included in their included in their Standard Operating Procedure issued Standard Operating Procedure issued September 19, 2002.September 19, 2002.

Modified to account for Modified to account for regional wetland type differences,regional wetland type differences, CEMVN’s “Mitigation Standard Operating CEMVN’s “Mitigation Standard Operating

Procedures”, and Procedures”, and 33 CFR Part 332, “Compensatory 33 CFR Part 332, “Compensatory

Mitigation for Losses of Aquatic Mitigation for Losses of Aquatic Resources”. Resources”.


Applicability to Regulated CommunityApplicability to Regulated Community

• Allows applicants/agents to Allows applicants/agents to estimateestimate compensatory compensatory mitigation requirements for various project scenarios mitigation requirements for various project scenarios (avoidance and minimization).(avoidance and minimization).

• Provides a reliable tool for developers and planners Provides a reliable tool for developers and planners to use in comparing mitigation options.to use in comparing mitigation options.

• Provides a single model applicable to all wetland Provides a single model applicable to all wetland types.types.

• Allows mixing of banking and permittee-responsible Allows mixing of banking and permittee-responsible mitigation.mitigation.

• Has a credit calculation and accounting method Has a credit calculation and accounting method applicable to all mitigation types (e.g. restoration, applicable to all mitigation types (e.g. restoration, enhancement, preservation and creation).enhancement, preservation and creation).

• Simplifies mixing of appropriate mitigation locations Simplifies mixing of appropriate mitigation locations and types.and types.


CEMVN prepared an MVN MCM CEMVN prepared an MVN MCM Guidebook containing: Guidebook containing: Definitions of terms used in the modelDefinitions of terms used in the model Discussions of the use of each worksheet Discussions of the use of each worksheet Definitions for each factor and option Definitions for each factor and option

associated with that worksheet, andassociated with that worksheet, and Examples using each worksheet.Examples using each worksheet. A copy of the MVN MCM Workbook and A copy of the MVN MCM Workbook and

Guidebook can be obtained at RIBITS website, Guidebook can be obtained at RIBITS website, under Assessment Tools link for the New under Assessment Tools link for the New Orleans District (RIBITS link to follow)Orleans District (RIBITS link to follow)

U.S. Army Corpsof Engineers MVN MCM StructureMVN MCM Structure

MVN MCM workbook is an excel MVN MCM workbook is an excel spreadsheet consisting of four spreadsheet consisting of four worksheets:worksheets: ““Summary Worksheet”, Summary Worksheet”, ““Impacts Worksheet”, Impacts Worksheet”, ““Bank Worksheet”, Bank Worksheet”, ““Restoration Worksheet” and,Restoration Worksheet” and, ““Comments.” Comments.”

U.S. Army Corpsof Engineers Summary WorksheetSummary Worksheet

No data entry required on the No data entry required on the Summary WorksheetSummary Worksheet

Information is pulled from the Information is pulled from the Impact, Bank, and Restoration Impact, Bank, and Restoration WorksheetsWorksheets

U.S. Army Corpsof Engineers Impacts WorksheetImpacts Worksheet

See Guidebook for details on factors and See Guidebook for details on factors and their values or in Workbook, hold mouse their values or in Workbook, hold mouse over red triangleover red triangle

Enter Permit NumberEnter Permit Number Enter total number of acres impacted and Enter total number of acres impacted and

select Impact HUC at the top of sheetselect Impact HUC at the top of sheet Enter acres impacted at the bottom of Enter acres impacted at the bottom of

each area column used (Size in Acres each area column used (Size in Acres (AA)), the total must equal to that entered (AA)), the total must equal to that entered at the top of Worksheetat the top of Worksheet

U.S. Army Corpsof Engineers Bank WorksheetBank Worksheet

Select the BankSelect the Bank Select Yes or No if the Impact Select Yes or No if the Impact

occurs within the Bank’s Service occurs within the Bank’s Service AreaArea

Select the Kind and Location FactorsSelect the Kind and Location Factors *The user should always utilize *The user should always utilize

RIBITS to determine the credit RIBITS to determine the credit availability at a Mitigation Bankavailability at a Mitigation Bank

U.S. Army Corpsof EngineersRestoration WorksheetRestoration Worksheet

Enter Mitigation Project NameEnter Mitigation Project Name Enter Mitigation Project Size including the Enter Mitigation Project Size including the

acres for which the project will be acres for which the project will be requesting credit (roads, rights-of-way, requesting credit (roads, rights-of-way, drainage servitudes should not be included)drainage servitudes should not be included)

Select HUCSelect HUC Similar to the Impacts Worksheet, the Similar to the Impacts Worksheet, the

acres of each area must be entered at the acres of each area must be entered at the bottom of each Area column, the total must bottom of each Area column, the total must equal the acreage entered at the topequal the acreage entered at the top

U.S. Army Corpsof Engineers Comments WorksheetComments Worksheet

Comments Worksheet is provided for Comments Worksheet is provided for the user to justify selection of each the user to justify selection of each factor.factor.

A summary comment box is provided A summary comment box is provided as well as space to provide text for as well as space to provide text for each selectioneach selection

U.S. Army Corpsof Engineers RIBITSRIBITS

Regulatory In-lieu fee and Bank Regulatory In-lieu fee and Bank Information Tracking SystemInformation Tracking System Nationalized compensatory mitigation databaseNationalized compensatory mitigation database Nationalized reporting and information Nationalized reporting and information

repositoryrepository Permittees/Sponsors/Public has accessPermittees/Sponsors/Public has access

Go to our Compensatory Mitigation PageGo to our Compensatory Mitigation Pagewww.mvn.usace.army.mil/ops/regulatory/Mit_program.asp

or,or,

http://geo.usace.army.mil/ribits/index.htmlhttp://geo.usace.army.mil/ribits/index.html

U.S. Army Corpsof Engineers RIBITS NAVIGATIONRIBITS NAVIGATION

Notice the Filter on the bottom left – Notice the Filter on the bottom left – Select New Orleans DistrictSelect New Orleans District

You can click on “existing banks” to You can click on “existing banks” to select a bank for which you would select a bank for which you would like to view credit availability or like to view credit availability or view other information available to view other information available to the general public.the general public.

U.S. Army Corpsof Engineers REGULATORY BRANCHREGULATORY BRANCH

Special Projects TeamSpecial Projects Team Policy IssuesPolicy Issues Complex Permit EvaluationsComplex Permit Evaluations Mitigation BanksMitigation Banks

Surveillance and Enforcement SectionSurveillance and Enforcement Section EnforcementEnforcement Jurisdictional DeterminationsJurisdictional Determinations

Eastern, Central, and Western Eastern, Central, and Western Evaluation SectionsEvaluation Sections Permit EvaluationsPermit Evaluations

U.S. Army Corpsof Engineers KEY POINTSKEY POINTS

Section 10 of RHA – Navigable Waters (tidal)Section 10 of RHA – Navigable Waters (tidal) Section 404 of CWA – waters of the U.S.Section 404 of CWA – waters of the U.S. Section 10 covers structures and work Section 10 covers structures and work

within, under, and over navigable waterswithin, under, and over navigable waters Section 404 covers deposition of fill within Section 404 covers deposition of fill within

waters of the USwaters of the US Several types of permits – authorization Several types of permits – authorization

dependant on impactdependant on impact MVN MCM 2012 utilized to calculate MVN MCM 2012 utilized to calculate

adverse impacts to wetlandsadverse impacts to wetlands

U.S. Army Corpsof Engineers Key PointsKey Points

Department of the Army permit Department of the Army permit review process involves many facets review process involves many facets in addition to wetlandsin addition to wetlands

Sequencing: Avoid, Minimize, Sequencing: Avoid, Minimize, CompensateCompensate

U.S. Army Corpsof Engineers Section Chief’s E-mailSection Chief’s E-mail

Eastern ---Michael V. Farabee

Central ----Martin S. Mayer

Western---Ronnie W. Duke

Surveillance & Enforcement---Robert A. Heffner

Special Projects---James A. Barlow

E-mail: [email protected]

U.S. Army Corpsof Engineers Questions?Questions?

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U.S. Army Corps of Engineers Regulatory Branch Permitting and MVN MCM Overview.

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Transcript of U.S. Army Corps of Engineers Regulatory Branch Permitting and MVN MCM Overview.