Jacksonville District, Regulatory Division, Multipurpose Mitigation Project Guidance

This is an advisory Special Public Notice to announce the public of guidance developed by the U.S. Army Corps of Engineers, Jacksonville District for the establishment and use of multipurpose mitigation banks and in-lieu fee (ILF) programs. This guidance is intended to assist proponents of multipurpose mitigation banks and ILF programs to ensure the requirements in the April 10, 2008, Federal Register, under the title of Compensatory Mitigation for Losses of Aquatic Resources; Final Rule, herein referred to as the Rule, are met. The pertinent regulations are found in the Code of Federal Regulations (CFR) at 33 CFR 332.3(j) Relationship to other federal, tribal, state, and local programs. A full copy the guidance is attached and available at the following web address:

https://ribits.ops.usace.army.mil/ords/f?p=107:150:6055846249316::NO::P150_DOCUMENT_ID:101481

Multipurpose compensatory mitigation projects are those that are designed to holistically address requirements under multiple programs and authorities. These projects are designed to generate multiple types of credits and expand on the benefits of single-credit compensatory mitigation projects by promoting a more holistic approach to ecosystem establishment, re-establishment, rehabilitation, enhancement, and preservation. Multipurpose compensatory mitigation projects may also provide opportunities to serve several markets for different credit types from a single project site. Generating multiple credit types increases the complexity associated with the establishment, operation, and use of multipurpose mitigation banks and ILF programs beyond their single-credit type counterparts. Therefore, we are providing additional information to clarify the required framework for these projects.

The Rule establishes standards and criteria for the use of all types of compensatory mitigation, including on-site and off-site permittee-responsible mitigation, mitigation banks, and ILF programs to offset unavoidable impacts to waters of the United States authorized through the issuance of Department of the Army permits pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and/or sections 9 or 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401, 403). The standards and criteria shall, to the maximum extent practicable, maximize available credits and opportunities for mitigation, provide for regional variations in wetland conditions, functions, and values, and apply equivalent standards and criteria to each type of compensatory mitigation. Therefore, some of concepts described in this guidance will apply to other forms of compensatory mitigation.

If you have any questions concerning this guidance, you may contact Mr. Cory Wilson in writing at the United States Army Corps of Engineers, Jacksonville District, Regulatory Division, Mitigation Review Team, P.O. Box 4970, Jacksonville, Florida 32232-0019, by electronic mail at cory.l.wilson@usace.army.mil, or by telephone at 904-232-1670.