This is the presentation prepared by the South Pacific Division of the Army Corps regarding the new mitigation ratio-setting procedure. The presentation was given during the November 4, 2011 Regulatory Information Forum in Sacramento, California.

1. South Pacific Division
STANDARD OPERATING PROCEDURE
FOR DETERMINATION OF
MITIGATION RATIOS
Dan Swenson
Chief, LA and San Bernardino Section
Regulatory Division
Los Angeles District
November 4, 2011
US Army Corps of Engineers
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2. Summary
• General details
• Benefits
• List of documents
• Procedure: flow chart
• Checklist
• Step 3 Example (BAMI)
• Types of Impacts Addressed by Checklist
• FAQ’s
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3. SOP FOR DETERMINATION OF MITIGATION RATIOS:
General Details
• Aka: “mitigation checklist”
• Finalized April 20, 2011, by regional PDT (2 year effort)
• However, as QMS procedure, it is a “living document” subject to
improvement over time:
 First update will occur within next 1-3 months.
 Additional examples using CRAM pending.
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4. SOP FOR DETERMINATION OF MITIGATION RATIOS:
Benefits
• Provides structured decision-making procedure while retaining
flexibility
• Allows for qualitative or quantitative assessments of impacts &
mitigation
• Results in a written rationale (decision document) for each ratio
determination
• Includes guidance for Corps project managers for each step of
checklist
• Incorporates use of functional/condition assessments, generally
for larger projects
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5. SOP FOR DETERMINATION OF MITIGATION RATIOS:
Documents
• QMS (internal) procedure document
• 1 Flowchart
• 4 Attachments:
 1. Mitigation Ratio Setting Checklist
 2 . Instructions for Preparing Mitigation Ratio Checklist
 3. Examples of Mitigation Ratio Setting Checklist
 4. Mitigation Ratio Setting Checklist, Step 3, CRAM Example
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6. STANDARD OPERATING PROCEDURE FOR
DETERMINATION OF MITIGATION RATIOS
BUILDING STRONG®
on the Cornerstone of the Southwest

7. SOP FOR DETERMINATION OF MITIGATION RATIOS:
Flow Chart
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8. SOP FOR DETERMINATION OF MITIGATION RATIOS:
Attachment 1 (page 1 of checklist)
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9. SOP FOR DETERMINATION OF MITIGATION RATIOS:
Attachment 1 (page 2 of checklist)
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10. SOP FOR DETERMINATION OF MITIGATION RATIOS:
Attachment 4: Step 3, CRAM Example
PM’s can adapt BAMI
spreadsheet to their
functional/condition
assessment method and
enter data provided by
applicant.
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11. Types of Impacts Addressed by Checklist
• Direct
 Mitigation checklist is generally used for direct impacts.
• Indirect
 Compensatory mitigation may be required to offset predictable indirect impacts located within the Corps
scope of analysis. These impacts would also be addressed using the mitigation checklist.
• Cumulative
 In rare cases where determined appropriate, cumulative impacts should be considered when
determining mitigation requirements. The extent of cumulative impacts should be documented using
available information, such as analyses or data associated with a Special Area Management Plan
(SAMP), Watershed Management Plan, land use/land cover scenario assessment, hydrologic modeling,
etc. Consistent with 40 C.F.R. 1508.7, the assessment must focus on the proposed action's impacts (i.e.,
incremental impact of the action) in the context of past, present, and reasonably foreseeable actions,
regardless of the agency or person undertaking the other actions..
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12. Frequently Asked Questions (FAQ)
• Do applicants have to complete this checklist as part of the
permitting process?
 A: No, this is an internal, Corps procedure to be followed by Corps project managers for any project
requiring compensatory mitigation. Applicants are *not* required or requested to complete the checklist;
however, Corps project managers may request additional information to assist them in completing the
checklist.
• Ok, I know it’s not required, but can I submit a proposed, completed
checklist as part of my permit application?
 A: Yes, the Corps will consider any information submitted as part of a permit application; however,
please note the Corps will make its own determination regarding the amount (ratio) of required
mitigation.
• How can I get access to these documents?
 A: These documents are not currently being posted on publically-accessible Corps websites; however,
Corps project managers can, upon request, provide the current version of these documents to applicants
via e-mail. Users should always verify they are using the current, authorized version.
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13. FAQs (continued)
• Can any functional/condition assessment be used for step 3?
 A: Only assessment methods which have been approved by the applicable Corps district and comply
with district (or upcoming regional) mitigation and monitoring guidelines may be used for step 3. In all
cases, acceptable functional/condition assessment methods must be aquatic resource-based,
standardized, comparable from site to site, unmodified (i.e., not “customized”), and approved by the
applicable Corps District. In addition, the Corps prefers methods which have been peer-reviewed. Any
such method should fit into the before-after-mitigation-impact (BAMI) structure and adjustment formula.
• If a multi-agency ratio-setting method has been established in my area, will
the Corps still need to use the checklist instead?
 A: The checklist should be completed; however, an established multi-agency method may still be used.
The Corps project manager will fill out the top and bottom portions of the checklist, attach the results
using the multi-agency method, and place these documents into the Corps file as part of the
administrative record.
• Will the Corps use the checklist for emergency projects, “self-mitigating”
projects, or projects with very small impacts?
 A: Not necessarily. The Corps project manager must determine whether compensatory mitigation is
required or not. If a determination is made not to require compensatory mitigation, the checklist
requirement would not be applicable.
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14. Questions?
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