U.S. Army Corpsof Engineers

Inter-Agency CoordinationInter-Agency Coordination

BLM PILOT OFFICEBLM PILOT OFFICE@ VERNAL & GLENWOOD @ VERNAL & GLENWOOD

SPRINGSSPRINGSU.S. Army Corps of Engineers

&

U.S. Bureau of Land Management

16 October 2007

U.S. Army Corpsof Engineers

U.S. Army Engineer District, Sacramento

General Regulatory Functions

CA

NVUT

CO

AZ

IDWY

OR

BountifulOffice

NM

Salt Lake City

St. GeorgeOffice

FriscoOffice

GrandJunction

Office

DurangoOffice

RenoOffice

SacramentoOffice

Denver

U.S. Army Corpsof Engineers

Energy Policy Act of 2005Energy Policy Act of 2005..

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 Corpsof Engineers

Corps’ Corps’ Regulatory MissionRegulatory 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 Corpsof Engineers

18991899Rivers and Harbor Rivers and Harbor ActAct

U.S. Army Corpsof Engineers

Purpose is to restore and maintain the chemical, physical & biological integrity of the nations waters.

Clean Water ActClean Water Act

U.S. Army Corpsof Engineers

U.S. Army Corpsof Engineers

U.S. Army Corpsof Engineers

U.S. Army Corpsof Engineers

Isolated WatersIsolated Watersnot Regulatednot Regulated

U.S. Army Corpsof Engineers WetlandsWetlands

33CFR 328.3(b)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.”

U.S. Army Corpsof Engineers

SOCIOECONOMICFlood ControlWave ProtectionErosion ControlGroundwater RechargeAestheticsRecreation

HuntingFishingSight Seeing

Education/Research

ENVIRONMENTAL

Water QualityPollution Filter

Sediment Removal

Oxygen Production

Nutrient Recycling

Chemical Absorption

Aquatic Productivity

Fish Habitat

Waterfowl Habitat

Wildlife Habitat

Wetland Functions &ValuesWetland Functions &Values

U.S. Army Corpsof Engineers

DischargesInto

Waters

Work RequiringWork Requiring Permits Permits

U.S. Army Corpsof 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

Corps Permit AuthorizationCorps Permit Authorization

U.S. Army Corpsof Engineers

* Conservation* Economics* Aesthetics* Environmental

Concerns* Fish & Wildlife* Flood Damage* Historic & Cultural

Resources* Food Production

* Recreation* Land Use* Water Quality* Water Supply* Navigation* Rare/Threatened &

Endangered Species* Safety* Energy Needs

Public InterestPublic InterestEvaluation FactorsEvaluation Factors

U.S. Army Corpsof Engineers

MitigationMitigation

1. Avoid 2. Minimize

3. Compensate

In that order, required on every project!

U.S. Army Corpsof Engineers ENFORCEMENTENFORCEMENT

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 Corpsof Engineers

U.S. Army Corpsof Engineers

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

+

Cumulative EffectsCumulative Effects

U.S. Army Corpsof 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

area– 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

Cumulative Effects (cont.)Cumulative Effects (cont.)

U.S. Army Corpsof Engineers

SWANCC/SWANCC/RapanosRapanos

Where arewe now??

U.S. Army Corpsof Engineers

How Can We Work How Can We Work Together?Together?

*Identify Waters *Advance plan/Early Coordination

*Develop Environmentally *Use Professionals

U.S. Army Corpsof Engineers

Thanks for your time!Thanks for your time!