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

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

2 U.S. Army Corps of Engineers DEPARTMENT OF THE ARMY REGULATORY AUTHORITY THE U.S. ARMY CORPS OF ENGINEERS REGULATORY AUTHORITY IS BASED UPON 1. SECTION 10 OF THE RIVERS AND HARBORS ACT OF 1899 (RHA) AND 2. SECTION 404 OF THE CLEAN WATER ACT (CWA).

3 U.S. Army Corps of Engineers SECTION 10 OF THE RIVERS AND HARBORS ACT OF 1899 AUTHORIZES THE SECRETARY OF THE ARMY TO REGULATE ALL ACTIVITIES AND STRUCTURES IN NAVIGABLE WATERS OF THE UNITED STATES, INCLUDING CONSTRUCTION, EXCAVATION, OR DEPOSITION OF MATERIALS IN, OVER, OR UNDER SUCH WATERS, OR ANY WORK WHICH WOULD AFFECT THE COURSE, LOCATION, CONDITION, OR CAPACITY OF THOSE WATERS.

4 U.S. Army Corps of Engineers

5 U.S. Army Corps of Engineers SECTION 404 OF THE CLEAN WATER ACT (CWA) AUTHORIZES THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO ISSUE PERMITS, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, FOR THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES AT SPECIFIC DISPOSAL SITES.

6 U.S. Army Corps of Engineers Jurisdiction – Section 404 Clean Water Act l Definitions: l Fill Material – any material that has the effect of replacing an aquatic area with dry land or of changing the bottom elevation of a waterbody or wetland; includes rock, soil, dirt or similar materials. l Discharge of Fill Material – the addition of fill material into waters of the U.S.

7 U.S. Army Corps of Engineers

8 U.S. Army Corps of Engineers

9 U.S. Army Corps of Engineers THE CORPS JURISDICTIONAL LIMITS THE LIMITS OF THE CORPS REGULATORY JURISDICTION ARE DEFINED AS: NAVIGABLE WATERS OF THE U.S. UNDER SECTION 10 OF THE RHA. NAVIGABLE WATERS OF THE U.S. UNDER SECTION 10 OF THE RHA. WATERS OF THE U.S. UNDER SECTION 404 OF THE CWA. WATERS OF THE U.S. UNDER SECTION 404 OF THE CWA.

10 U.S. Army Corps of Engineers NAVIGABLE WATERS OF THE US INCLUDE: 1.ALL WATERS WHICH ARECURRENTLY USED, OR WERE USED IN THE PAST, OR MAY BE SUSCEPTIBLE TO USE IN INTERSTATE OR FOREIGN COMMERCE, 1.ALL WATERS WHICH ARE CURRENTLY USED, OR WERE USED IN THE PAST, OR MAY BE SUSCEPTIBLE TO USE IN INTERSTATE OR FOREIGN COMMERCE, 2.ALL WATERS SUBJECT TO THE EBB AND FLOW OF THE TIDE.

11 U.S. Army Corps of Engineers ALL NAVIGABLE WATERS, INTERSTATE WATERS, TRIBUTARIES TO NAVIGABLE AND INTERSTATE WATERS, WETLANDS AND OTHER SPECIAL AQUATIC SITES, AND TERRITORIAL SEAS. ALL NAVIGABLE WATERS, INTERSTATE WATERS, TRIBUTARIES TO NAVIGABLE AND INTERSTATE WATERS, WETLANDS AND OTHER SPECIAL AQUATIC SITES, AND TERRITORIAL SEAS. WATERS OF THE US INCLUDE:

12 U.S. Army Corps of Engineers Department of the Army Permitting -Determine Jurisdiction -Define Project -Determine Work Type and Resource Impacts -Determine Type of Permit

13 U.S. Army Corps of Engineers Jurisdictional Determinations Only the Corps of Engineers can make an official determination of waters of the US Only the Corps of Engineers can make an official determination of waters of the US Biologists at the Corps use technical manuals, guidance documents, and court decisions to make official determinations, majority of which for wetlands Biologists at the Corps use technical manuals, guidance documents, and court decisions to make official determinations, majority of which for wetlands 1987 Wetlands Delineation Manual 1987 Wetlands Delineation Manual Court Decisions (Rapanos and Carabell, SWANCC) Court Decisions (Rapanos and Carabell, SWANCC) 2008 Regional Supplement to Wetland Delineation Manual 2008 Regional Supplement to Wetland Delineation Manual

14 U.S. Army Corps of Engineers Regulatory Definition of Wetlands “Wetlands” are defined as: “Wetlands” are defined as: 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 CFR 328.3(b)

15 U.S. Army Corps of Engineers Three Diagnostic Characteristics of Wetlands Hydrophytic Vegetation Hydrophytic Vegetation Wetland Hydrology Wetland Hydrology Hydric Soils Hydric Soils

16 U.S. Army Corps of Engineers

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18 U.S. Army Corps of Engineers Jurisdictional Determinations Jurisdictional Determinations y/request_form.doc y/request_form.doc

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20 U.S. Army Corps of Engineers Jurisdictional Determinations Jurisdictional Determinations Typically if the jurisdictional request is submitted by non-commercial entities and the site size is less than 5 acres, the Corps will provide a Corps Issued Determination for the site. Typically if the jurisdictional request is submitted by non-commercial entities and the site size is less than 5 acres, the Corps will provide a Corps Issued Determination for the site. If the site size is 5 acres or more or the request is submitted by a commercial entity, then we may request data related to soils, vegetation, and hydrology necessary to identify wetlands. This field data is typically collected & submitted by a professional consultant. If the site size is 5 acres or more or the request is submitted by a commercial entity, then we may request data related to soils, vegetation, and hydrology necessary to identify wetlands. This field data is typically collected & submitted by a professional consultant.

21 U.S. Army Corps of Engineers Terminology Jurisdictional Determination (JD) - tells you if you are in a Section 10 waterway or if waters of the US are present on your site for which you would need to apply for a 404 permit. These are appealable Jurisdictional Determination (JD) - tells you if you are in a Section 10 waterway or if waters of the US are present on your site for which you would need to apply for a 404 permit. These are appealable Preliminary JD – Not Appealable, can use in permitting if applicant requests Preliminary JD – Not Appealable, can use in permitting if applicant requests

22 U.S. Army Corps of Engineers JD Time Frames A Corps issued determination (or delineation) is good for 5 years. According to the most current information the New Orleans District is completing 60% of our determinations within 90 days or less. *It is recommended to receive an approved JD prior to submittal of an application

23 U.S. Army Corps of Engineers PERMIT APPLICATION Department of the Army Permit Application - ENG Form 4345 Department of the Army Permit Application - ENG Form 4345 A vicinity map, a plan view and a cross section of the proposed work. A vicinity map, a plan view and a cross section of the proposed work. Joint Corps/Coastal Zone Application – Modified ENG Form 4345 Joint Corps/Coastal Zone Application – Modified ENG Form 4345 Applications received are forwarded to the appropriate Section chiefs Applications received are forwarded to the appropriate Section chiefs

24 U.S. Army Corps of Engineers Permit Evaluation Sections - Eastern : Jefferson, Orleans, Plaquemines St. Bernard, St. Charles, St. Tammany, St. Bernard, St. Charles, St. Tammany, Washington Washington - Central : Ascension, St. John the Baptist, East Baton Rouge, Tangipahoa East Baton Rouge, Tangipahoa East Feliciana, West Baton Rouge East Feliciana, West Baton Rouge Iberville, West Feliciana, Livingston Iberville, West Feliciana, Livingston St. Helena, St. James St. Helena, St. James

25 U.S. Army Corps of Engineers Permit Evaluation Sections - Western : Acadia, Evangeline, St. Martin, Allen Iberia, St. Mary, Assumption Jefferson Davis, Vernon, Avoyelles Lafayette, Terrebonne, Beauregard Lafourche, Vermillion, Calcasieu Pointe Coupee, Cameron, Rapides Concordia, St. Landry Concordia, St. Landry

26 U.S. Army Corps of Engineers Evaluation Section The Section chiefs will make a preliminary determination on regulatory authority (CWA or RHA) and a cursory determination of permit type that may be applicable The Section chiefs will make a preliminary determination on regulatory authority (CWA or RHA) and a cursory determination of permit type that may be applicable Section chiefs then assign the application to one of the project managers within the section Section chiefs then assign the application to one of the project managers within the section The project managers will validate regulatory authority and qualified permit type, and make a completeness determination. The project managers will validate regulatory authority and qualified permit type, and make a completeness determination.

27 U.S. Army Corps of Engineers TYPES OF PERMITS NATIONWIDE (NWP) REGIONAL/STATE PROGRAM GENERAL PERMITS (PGP) REGIONAL/STATE PROGRAM GENERAL PERMITS (PGP) LETTER OF PERMISSION (LOP) INDIVIDUAL

28 U.S. Army Corps of Engineers NATIONWIDE PERMITS Nationwide Permits are a type of general permit issued by the Chief of Engineers, and designed to regulate with little, if any, delay or paperwork certain activities with minimal impacts Nationwide Permits are a type of general permit issued by the Chief of Engineers, and designed to regulate with little, if any, delay or paperwork certain activities with minimal impacts

29 U.S. Army Corps of Engineers Examples of Nationwide Permits NWP 3 – Maintenance of Existing Structures NWP 3 – Maintenance of Existing Structures NWP 12 – Utility Line Activities NWP 12 – Utility Line Activities NWP 27 – Aquatic Habitat Restoration NWP 27 – Aquatic Habitat Restoration

30 U.S. Army Corps of Engineers Regional General Permits General Permits are issued by the Corps District for certain similar activities that have minor impacts General Permits are issued by the Corps District for certain similar activities that have minor impacts The New Orleans District has 27 Regional General Permits The New Orleans District has 27 Regional General Permits

31 U.S. Army Corps of Engineers New Orleans District RGPs NOD-2 Trenasse Maintenance NOD-2 Trenasse Maintenance NOD-3 Foundation Pads for Drilling Barges in Open Water NOD-3 Foundation Pads for Drilling Barges in Open Water NOD-29 Small Boat Slips and Appurtenances NOD-29 Small Boat Slips and Appurtenances

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

33 U.S. Army Corps of Engineers Department of the Army Individual Permits Activities which do not comply with any of the abbreviated procedures must be evaluated under individual permitting procedures. Activities which do not comply with any of the abbreviated procedures must be evaluated under individual permitting procedures.

34 U.S. Army Corps of Engineers PERMIT PROCESSING FLOWCHART FOR INDIVIDUAL PERMITS JURISDICTIONAL DETERMINATION COMPLETED. JURISDICTIONAL DETERMINATION COMPLETED. PRE-APPLICATION CONSULTATION (IF NECESSARY). PRE-APPLICATION CONSULTATION (IF NECESSARY). APPLICATION SUBMITTED WITH COMPLETE PLANS. APPLICATION SUBMITTED WITH COMPLETE PLANS. PUBLIC NOTICE (PN) ISSUED. PUBLIC NOTICE (PN) ISSUED. INTERAGENCY FIELD TRIP (IF NECESSARY). INTERAGENCY FIELD TRIP (IF NECESSARY).

35 U.S. Army Corps of Engineers PERMIT PROCESSING FLOWCHART FOR INDIVIDUAL PERMITS (cont) COMMENTS FROM PN SUBMITTED TO APPLICANT. COMMENTS FROM PN SUBMITTED TO APPLICANT. EVALUATION OF COMMENTS AND OTHER INFORMATION BY REGULATORY PERSONNEL. EVALUATION OF COMMENTS AND OTHER INFORMATION BY REGULATORY PERSONNEL. ISSUANCE OR DENIAL OF PERMITS FROM THE LOUISIANA DEPARTMENTS OF ENVIRONMENTAL QUALITY AND COASTAL MANAGEMENT (WHERE APPLICABLE). ISSUANCE OR DENIAL OF PERMITS FROM THE LOUISIANA DEPARTMENTS OF ENVIRONMENTAL QUALITY AND COASTAL MANAGEMENT (WHERE APPLICABLE).

36 U.S. Army Corps of Engineers PUBLIC NOTICE A public notice will be issued for 15/20 days to allow the public, Federal and State agencies and other concerned parties an opportunity to comment on the proposed project. A public notice will be issued for 15/20 days to allow the public, Federal and State agencies and other concerned parties an opportunity to comment on the proposed project. All public notices are now on the internet All public notices are now on the internet

37 U.S. Army Corps of Engineers PERMIT EVALUATION Review the project with regard to public interest factors listed in 33 CFR These factors are: Review the project with regard to public interest factors listed in 33 CFR These factors are: Conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people Conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people

38 U.S. Army Corps of Engineers EVALUATION …Cont. We will also consider: Relative extent of public and private need of the project. Relative extent of public and private need of the project. Practicability of using alternative sites and methods. Practicability of using alternative sites and methods. Extent and permanence of the anticipated beneficial and/or detrimental effects of the proposed work. Extent and permanence of the anticipated beneficial and/or detrimental effects of the proposed work.

39 U.S. Army Corps of Engineers AVOIDANCE AVOIDANCE MINIMIZATION MINIMIZATION COMPENSATION COMPENSATION SEQUENCING FOR REDUCTION OF IMPACT

40 U.S. Army Corps of Engineers COMPENSATORY MITIGATION Establishment Establishment Establishment Re-establishment Re-establishment Re-establishment Rehabilitation Rehabilitation Rehabilitation Enhancement Enhancement Enhancement Preservation Preservation Preservation

41 U.S. Army Corps of Engineers COMPENSATORY MITIGATION APPROACHES CONSOLIDATED CONSOLIDATED MITIGATION BANKS MITIGATION BANKS IN-LIEU FEE IN-LIEU FEE PERMITTEE RESPONSIBLE PERMITTEE RESPONSIBLE DESIGNED TO MITIGATE A SPECIFIC, USUALLY SINGLE, IMPACT DESIGNED TO MITIGATE A SPECIFIC, USUALLY SINGLE, IMPACT

42 U.S. Army Corps of Engineers Mitigation Rule 33 CFR Part 332 “Compensatory Mitigation For Losses Of Aquatic Resources” Published in Federal Register Published in Federal Register/ Vol. 73, No. 70 / Thursday, April 10, 2008 / Rules and Regulations, pages – (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

43 U.S. Army Corps of Engineers Mitigation Rule Provides for: Greater predictability, transparency Greater predictability, transparency Improved mitigation planning and site selection Improved mitigation planning and site selection Improved performance of compensatory mitigation projects Improved performance of compensatory mitigation projects Possible reduction in permitting time Possible reduction in permitting time Flexibility of mitigation options Flexibility of mitigation options Increased public participation Increased public participation Strongly encourages watershed approach Strongly encourages watershed approach

44 U.S. Army Corps of Engineers Principles in Final Rule Mitigation sequence retained Mitigation sequence retained avoid, minimize, compensate avoid, minimize, compensate Preference hierarchy for mitigation options: Preference hierarchy for mitigation options: Mitigation bank credits Mitigation bank credits In-lieu fee program credits In-lieu fee program credits Permittee-responsible mitigation under a watershed approach Permittee-responsible mitigation under a watershed approach On-site and/or in-kind permittee-responsible mitigation On-site and/or in-kind permittee-responsible mitigation Off-site and/or out-of-kind permittee-responsible mitigation Off-site and/or out-of-kind permittee-responsible mitigation

45 U.S. Army Corps of Engineers Principles in Final Rule District engineer is the decision-maker District engineer is the decision-maker Mitigation bank or ILF – responsibility to provide compensatory mitigation is transferred to the sponsor when permittee secures credits Mitigation bank or ILF – responsibility to provide compensatory mitigation is transferred to the sponsor when permittee secures credits Long-term management may be transferred to another entity Long-term management may be transferred to another entity Performance standards ecologically-driven Performance standards ecologically-driven Adaptive management – make fixes for successful performance Adaptive management – make fixes for successful performance

46 U.S. Army Corps of Engineers Principles in Final Rule Watershed Approach (Recommended by National Research Council) Watershed Approach (Recommended by National Research Council) Strategic site selection to improve or maintain watershed functions Strategic site selection to improve or maintain watershed functions Use available watershed planning information Use available watershed planning information Consider type of mitigation, landscape position, and other factors to provide desired functions Consider type of mitigation, landscape position, and other factors to provide desired functions Level of information and analysis commensurate with the scope of permitted activity Level of information and analysis commensurate with the scope of permitted activity May use multiple sites – e.g., on-site for water quality, water storage; off-site for habitat May use multiple sites – e.g., on-site for water quality, water storage; off-site for habitat Allows preservation, riparian areas, and buffers – ALLOWABLE IF RESTRICTIVE CRITERIA ARE MET WITH LIMITED CREDITS FOR THESE OPTIONS. Allows preservation, riparian areas, and buffers – ALLOWABLE IF RESTRICTIVE CRITERIA ARE MET WITH LIMITED CREDITS FOR THESE OPTIONS.

47 U.S. Army Corps of Engineers MVN MCM 2012  Corps of Engineers, New Orleans District’s Modified Charleston Method (MVN MCM)  Assessment model used to calculate adverse impacts to wetlands  MVN MCM is based on evaluation criteria weighted by their importance and selections within each factor.  A variation of existing methodology, Charleston Method, which is a mitigation assessment technique.

48 U.S. Army Corps of Engineers MVN MCM 2012 Based on methodology developed by the Charleston District included in their Standard Operating Procedure issued September 19, Based on methodology developed by the Charleston District included in their Standard Operating Procedure issued September 19, Modified to account for Modified to account for regional wetland type differences, regional wetland type differences, CEMVN’s “Mitigation Standard Operating Procedures”, and CEMVN’s “Mitigation Standard Operating Procedures”, and 33 CFR Part 332, “Compensatory Mitigation for Losses of Aquatic Resources”. 33 CFR Part 332, “Compensatory Mitigation for Losses of Aquatic Resources”.

49 U.S. Army Corps of Engineers Applicability to Regulated Community Allows applicants/agents to estimate compensatory mitigation requirements for various project scenarios (avoidance and minimization). Allows applicants/agents to estimate compensatory mitigation requirements for various project scenarios (avoidance and minimization). Provides a reliable tool for developers and planners to use in comparing mitigation options. Provides a reliable tool for developers and planners to use in comparing mitigation options. Provides a single model applicable to all wetland types. Provides a single model applicable to all wetland types. Allows mixing of banking and permittee-responsible mitigation. Allows mixing of banking and permittee-responsible mitigation. Has a credit calculation and accounting method applicable to all mitigation types (e.g. restoration, enhancement, preservation and creation). Has a credit calculation and accounting method applicable to all mitigation types (e.g. restoration, enhancement, preservation and creation). Simplifies mixing of appropriate mitigation locations and types. Simplifies mixing of appropriate mitigation locations and types.

50 U.S. Army Corps of Engineers MVN MCM 2012 CEMVN prepared an MVN MCM Guidebook containing: CEMVN prepared an MVN MCM Guidebook containing: Definitions of terms used in the model Definitions 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 associated with that worksheet, and Definitions for each factor and option associated with that worksheet, and Examples using each worksheet. Examples using each worksheet. A copy of the MVN MCM Workbook and Guidebook can be obtained at RIBITS website, under Assessment Tools link for the New Orleans District (RIBITS link to follow) A copy of the MVN MCM Workbook and Guidebook can be obtained at RIBITS website, under Assessment Tools link for the New Orleans District (RIBITS link to follow)

51 U.S. Army Corps of Engineers MVN MCM Structure MVN MCM workbook is an excel spreadsheet consisting of four worksheets: MVN MCM workbook is an excel spreadsheet consisting of four worksheets: “Summary Worksheet”, “Summary Worksheet”, “Impacts Worksheet”, “Impacts Worksheet”, “Bank Worksheet”, “Bank Worksheet”, “Restoration Worksheet” and, “Restoration Worksheet” and, “Comments.” “Comments.”

52 U.S. Army Corps of Engineers Summary Worksheet No data entry required on the Summary Worksheet No data entry required on the Summary Worksheet Information is pulled from the Impact, Bank, and Restoration Worksheets Information is pulled from the Impact, Bank, and Restoration Worksheets

53 U.S. Army Corps of Engineers

54 U.S. Army Corps of Engineers Impacts Worksheet See Guidebook for details on factors and their values or in Workbook, hold mouse over red triangle See Guidebook for details on factors and their values or in Workbook, hold mouse over red triangle Enter Permit Number Enter Permit Number Enter total number of acres impacted and select Impact HUC at the top of sheet Enter total number of acres impacted and select Impact HUC at the top of sheet Enter acres impacted at the bottom of each area column used (Size in Acres (AA)), the total must equal to that entered at the top of Worksheet Enter acres impacted at the bottom of each area column used (Size in Acres (AA)), the total must equal to that entered at the top of Worksheet

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56 U.S. Army Corps of Engineers Bank Worksheet Select the Bank Select the Bank Select Yes or No if the Impact occurs within the Bank’s Service Area Select Yes or No if the Impact occurs within the Bank’s Service Area Select the Kind and Location Factors Select the Kind and Location Factors *The user should always utilize RIBITS to determine the credit availability at a Mitigation Bank *The user should always utilize RIBITS to determine the credit availability at a Mitigation Bank

57 U.S. Army Corps of Engineers

58 U.S. Army Corps of Engineers Restoration Worksheet Enter Mitigation Project Name Enter Mitigation Project Name Enter Mitigation Project Size including the acres for which the project will be requesting credit (roads, rights-of-way, drainage servitudes should not be included) Enter Mitigation Project Size including the acres for which the project will be requesting credit (roads, rights-of-way, drainage servitudes should not be included) Select HUC Select HUC Similar to the Impacts Worksheet, the acres of each area must be entered at the bottom of each Area column, the total must equal the acreage entered at the top Similar to the Impacts Worksheet, the acres of each area must be entered at the bottom of each Area column, the total must equal the acreage entered at the top

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60 U.S. Army Corps of Engineers Comments Worksheet Comments Worksheet is provided for the user to justify selection of each factor. Comments Worksheet is provided for the user to justify selection of each factor. A summary comment box is provided as well as space to provide text for each selection A summary comment box is provided as well as space to provide text for each selection

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62 U.S. Army Corps of Engineers RIBITS Regulatory In-lieu fee and Bank Information Tracking System Regulatory In-lieu fee and Bank Information Tracking System Nationalized compensatory mitigation database Nationalized compensatory mitigation database Nationalized reporting and information repository Nationalized reporting and information repository Permittees/Sponsors/Public has access Permittees/Sponsors/Public has access Go to our Compensatory Mitigation Page Go to our Compensatory Mitigation Page or,

63 U.S. Army Corps of Engineers RIBITS NAVIGATION Notice the Filter on the bottom left – Select New Orleans District Notice the Filter on the bottom left – Select New Orleans District You can click on “existing banks” to select a bank for which you would like to view credit availability or view other information available to the general public. You can click on “existing banks” to select a bank for which you would like to view credit availability or view other information available to the general public.

64 U.S. Army Corps of Engineers REGULATORY BRANCH Special Projects Team Special Projects Team Policy Issues Policy Issues Complex Permit Evaluations Complex Permit Evaluations Mitigation Banks Mitigation Banks Surveillance and Enforcement Section Surveillance and Enforcement Section Enforcement Enforcement Jurisdictional Determinations Jurisdictional Determinations Eastern, Central, and Western Evaluation Sections Eastern, Central, and Western Evaluation Sections Permit Evaluations Permit Evaluations

65 U.S. Army Corps of Engineers KEY 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 within, under, and over navigable waters Section 10 covers structures and work within, under, and over navigable waters Section 404 covers deposition of fill within waters of the US Section 404 covers deposition of fill within waters of the US Several types of permits – authorization dependant on impact Several types of permits – authorization dependant on impact MVN MCM 2012 utilized to calculate adverse impacts to wetlands MVN MCM 2012 utilized to calculate adverse impacts to wetlands

66 U.S. Army Corps of Engineers Key Points Department of the Army permit review process involves many facets in addition to wetlands Department of the Army permit review process involves many facets in addition to wetlands Sequencing: Avoid, Minimize, Compensate Sequencing: Avoid, Minimize, Compensate

67 U.S. Army Corps of Engineers Section Chief’s Eastern ---Michael V. Farabee Central ----Martin S. Mayer Western---Ronnie W. Duke Surveillance & Enforcement---Robert A. Heffner Special Projects---James A. Barlow

68 U.S. Army Corps of Engineers Questions? ???????????????????????????????????????????????? ????????????????????????????????????????????????


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