3. U.S. Army Corps of Engineers Inter-Agency Coordination BLM PILOT OFFICE @ VERNAL & GLENWOOD SPRINGS U.S. Army Corps of Engineers & U.S. Bureau of Land Management 16 October 2007

4. U.S. Army Corps of Engineers U.S. Army Engineer District, Sacramento General Regulatory Functions CA NV UT CO AZ ID WY OR Bountiful Office NM Salt Lake City St. George Office Frisco Office Grand Junction Office Durango Office Reno Office Sacramento Office Denver

5. U.S. Army Corps of Engineers Energy 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

6. U.S. Army Corps of Engineers Corps’ 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

7. U.S. Army Corps of Engineers 1899 Rivers and Harbor Act 1899 Rivers and Harbor Act

8. U.S. Army Corps of Engineers Purpose is to restore and maintain the chemical, physical & biological integrity of the nations waters. Clean Water Act

9. U.S. Army Corps of Engineers

10. U.S. Army Corps of Engineers

11. U.S. Army Corps of Engineers

12. U.S. Army Corps of Engineers Isolated Waters not Regulated

13. U.S. Army Corps of Engineers Wetlands 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.”

14. U.S. Army Corps of Engineers SOCIOECONOMIC Flood Control Wave Protection Erosion Control Groundwater Recharge Aesthetics Recreation Hunting Fishing Sight Seeing Education/Research ENVIRONMENTAL Water Quality Pollution Filter Sediment Removal Oxygen Production Nutrient Recycling Chemical Absorption Aquatic Productivity Fish Habitat Waterfowl Habitat Wildlife Habitat Wetland Functions &Values

15. U.S. Army Corps of Engineers Discharges Into Waters Work Requiring Permits

16. 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 Corps Permit Authorization

17. U.S. Army Corps of 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 Interest Evaluation Factors

18. U.S. Army Corps of Engineers Mitigation 1. Avoid 2. Minimize 3. Compensate In that order, required on every project!

19. U.S. Army Corps of Engineers ENFORCEMENT ENFORCEMENT 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.

20. U.S. Army Corps of Engineers

21. U.S. Army Corps of 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 Effects

22. U.S. Army Corps 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 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.)

23. U.S. Army Corps of Engineers SWANCC/Rapanos Where are we now??

24. U.S. Army Corps of Engineers How Can We Work Together? *Identify Waters *Advance plan/Early Coordination *Develop Environmentally *Use Professionals

25. U.S. Army Corps of Engineers Thanks for your time!