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Proximity Factor Tool

Jacksonville District

Published April 3, 2023

Expiration date: 4/3/2023

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This is an advisory Special Public Notice to announce to the public guidance developed by the U.S. Army Corps of Engineers, Jacksonville District for the establishment and use of a Proximity Factor Tool for determining the amount of compensatory mitigation required for Department of the Army (DA) permits. A full copy of this guidance titled “Standard Operating Procedure – Assessing a Proximity Factor for Compensatory Mitigation Required to Offset Unavoidable Impacts to Waters of the United States”, dated March 30, 2023, is attached. A draft version of this guidance was advertised for public comment via public notice on August 12, 2022. This guidance has been revised in response to stakeholder comments received.

The standards and criteria for the use of all types of compensatory mitigation, including on-site and off-site permittee responsible mitigation (PRM), mitigation banks, and in-lieu fee (ILF) mitigation to offset unavoidable impacts to waters of the United States authorized through issuance of DA permits pursuant to Section 404 of the Clean Water Act and/or Sections 9 or 10 of the Rivers and Harbors Act of 1899 are established in the Code of Federal Regulations (CFR) at 33 CFR Part 332. The regulations were published in the Federal Register under the title of Compensatory Mitigation for Losses of Aquatic Resources; Final Rule, 75 Fed. Reg. 19594 (Apr. 10, 2008).

When evaluating compensatory mitigation options, the district engineer will consider what would be environmentally preferable. In making this determination, the district engineer must assess the location of the compensation site relative to the impact site and their significance within the watershed (33 CFR 332.3(a)(1)). Per 33 CFR 332.3(f)(2), the district engineer must require a mitigation ratio greater than one-to-one where necessary to account for the distance between the affected aquatic resource and the compensation site.

The Proximity Factor Tool is intended to provide a more consistent, predictable, and efficient approach to evaluating the location of proposed compensatory mitigation sites. The proximity factor tool is applicable to compensatory mitigation proposed outside approved mitigation bank and ILF Program/Site service areas or outside impact 8-digit Hydrologic Unit Code watersheds for (PRM). Additionally, this tool is intended to provide additional mitigation options and opportunities for areas within the Jacksonville District currently underserved by third party mitigation, including mitigation banks and ILF programs.

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 Programs 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.