US Army Corps of Engineers Regul

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					U.S. Army Corps
of Engineers

                  Inter-Agency Coordination

               BLM PILOT OFFICE

                      U.S. Army Corps of Engineers
                     U.S. Bureau of Land Management
                             16 October 2007
U.S. Army Corps
                      U.S. Army Engineer District, Sacramento
of Engineers

                  General Regulatory Functions
                             OR                 ID
                                                     Bountiful                                   Office
                                                          Salt Lake City
                     Sacramento                                                          Denver
                       Office     Reno
                                           NV                                CO        Durango
                                                     St. George                         Office

                                                           AZ                     NM
U.S. Army Corps
                  Energy Policy Act of 2005
of Engineers                          .

           To facilitate energy developments in the Nation
               and improve Federal Permit coordination

           BLM Pilot Project Offices:
             * Rawlins, WY
             * Buffalo, WY
             * Miles City, MT
             * Farmington, NM
             * Carlsbad, NM
             * Glenwood Springs, CO
             * Vernal, UT
U.S. Army Corps
of Engineers
                   Regulatory Mission

       Take all actions in the context of maintaining
        or enhancing protection of the aquatic
        environment, while focusing the Corps and
        applicant‟s efforts in areas that result in value
        added for the environment.

           * Make fair & reasonable decisions to regulated public
U.S. Army Corps
of Engineers
                  Rivers and Harbor Act
U.S. Army Corps
                  Clean Water Act
of Engineers

      Purpose is to restore and maintain the chemical,
    physical & biological integrity of the nations waters.
U.S. Army Corps
of Engineers
U.S. Army Corps
of Engineers
U.S. Army Corps
of Engineers
                  Isolated Waters
U.S. Army Corps
of Engineers       not Regulated
U.S. Army Corps
of Engineers
                              33CFR 328.3(b)

              “The term „wetlands‟ means those areas that
              are inundated or saturated by surface or ground
              water at a frequency and duration sufficient to
              support, and that under normal circumstances
              do support, a prevalence of vegetation typically
              adapted for life in saturated soil conditions.”
                  Wetland Functions &Values
U.S. Army Corps
of Engineers

      Flood Control              Water Quality
      Wave Protection               Pollution Filter
      Erosion Control               Sediment Removal
      Groundwater Recharge          Oxygen Production
                                    Nutrient Recycling
                                    Chemical Absorption
         Hunting                 Aquatic Productivity
         Fishing                 Fish Habitat
         Sight Seeing            Waterfowl Habitat
      Education/Research         Wildlife Habitat
                  Work Requiring
U.S. Army Corps
of Engineers         Permits

                     Corps Permit Authorization
U.S. Army Corps
of Engineers

          Nationwide General Permits
                   3 – Maintenance
                  12 – Utilities
                  14 – Roads
                  18 – Minor Discharges
                  27 – Stream & Wetland Restoration

          Regional General Permits
                  40 – Stream Alterations

          Standard (Individual) Permits
                     Public Interest
U.S. Army Corps
of Engineers       Evaluation Factors
   *    Conservation          * Recreation
   *    Economics             * Land Use
   *    Aesthetics            * Water Quality
   *    Environmental         * Water Supply
        Concerns              * Navigation
   *    Fish & Wildlife       * Rare/Threatened &
   *    Flood Damage            Endangered Species
   *    Historic & Cultural   * Safety
        Resources             * Energy Needs
   *    Food Production
U.S. Army Corps
of Engineers

                            1. Avoid
                            2. Minimize
                            3. Compensate

                  In that order, required on every project!
U.S. Army Corps
of Engineers

        Unauthorized Activities (USEPA)
                  Responsible parties are subject to fines of up to $32,500
                  per day of violation.

        Non-Compliance (USACE)
                  Class I civil penalties may not exceed $11,000 per
                  violation, except that the maximum amount of any Class I
                  civil penalty shall not exceed $27,500. Penalty may be
                  pursued in conjunction with a compliance order for
                  restoration and/or mitigation.
U.S. Army Corps
of Engineers
U.S. Army Corps
of Engineers
                        Cumulative Effects

                   What do we do with information on
                    cumulative effects in evaluation?

   –      In some cases - deny permit, supports most denials
   –      Most permits - effects avoidance and compensation
         •        Substantial cumulative effects = more avoidance onsite
         •        Substantial cumulative effects = compensatory mitigation
                  may need to be higher, and recognize the types of resources
                  that have been or will be subject to greatest losses
U.S. Army Corps
                    Cumulative Effects (cont.)
of Engineers

   • Best way to deal with cumulative effects
     is holistic/watershed approach
         – Can be intensive study/effort such as SAMP
         – Can be simple general consideration of permits in
         – Either approach may result in
                  • RGP with mitigation directed to resources at risk
                  • Include mitigation banks and in lieu fee approaches, or
                    other consolidated mitigation
U.S. Army Corps
of Engineers

   Where are
   we now??
U.S. Army Corps
                  How Can We Work Together?
of Engineers

    *Identify Waters *Advance plan/Early Coordination
       *Develop Environmentally *Use Professionals
U.S. Army Corps
                  Thanks for your time!
of Engineers