Today we received very good news! As of October 26th all permit decisions which the Corps makes must document decision making process for mitigation. This is significant because the mitigation rule (33 CFR 332.3) defines a mitigation hierarchy which has mitigation banking as the preferred method of mitigation. The Association has been fighting since the mitigation rule came into existence in 2008 for the Corps to follow the preference found in the rule. This directive requires that the permit officer document his/her decision making process which should have the effect of causing additional compliance with the hierarchy. I want to thank each and every one of you who have participated in this fight at both the District level and at HQ level for the hard work it has taken to achieve this milestone. We will be discussing this directive on the regular monthly NMBA call (Thursday, November 18th, 10 to 11 am Eastern,1-866-305-2467 access number 836122)
We hope you will participate in the call.
Victoria K. Colangelo
Click & link to:
The new Department of the Army Memorandum Documenting Nationwide Permit Template
Chief, Operation & regulatory Division letter discussing Minimum Level of Documentation required for Permit Decisions