Inter-Agency Coordination BLM PILOT OFFICE @ VERNAL & GLENWOOD SPRINGS

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

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

4. 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 Energy Policy Act of 2005.

5. 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

6. 1899Rivers and Harbor Act

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

11. Isolated Watersnot Regulated

12. “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.” Wetlands33CFR 328.3(b)

13. 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

14. Work Requiring Permits Discharges Into Waters

15. 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

16. 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 InterestEvaluation Factors

17. 1. Avoid 2. Minimize 3. Compensate In that order, required on every project! Mitigation

18. 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. ENFORCEMENT

20. 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

21. 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.)

22. SWANCC/Rapanos Where are we now??

23. *Identify Waters *Advance plan/Early Coordination *Develop Environmentally *Use Professionals How Can We Work Together?

24. Thanks for your time!