GENERAL MITIGATION INFORMATION
Mitigation Overview
Activities authorized by a Department of the Army permit can result in temporary and/or permanent impacts to waters of the United States. Most projects with losses that exceed 0.1-acre of wetland
impacts or exceed 0.03-acre of stream impacts will require compensatory mitigation.
The mitigation sequence has three steps to ensure projects with adverse impacts to aquatic resources are in compliance with the Federal Regulations.
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Avoid – Adverse impacts to aquatic resources are avoided. No discharges will occur if there is a practicable alternative with less adverse impacts.
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Minimize - When adverse impacts cannot be avoided, practicable steps to minimize the impacts will be taken.
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Compensate - Compensatory mitigation is the restoration, establishment, enhancement, and in certain circumstances preservation of aquatic resources for the purpose of offsetting unavoidable impacts that remain after all practicable avoidance and minimization efforts have been exhausted.
Currently, there are two ways compensatory mitigation can be provided in Nebraska:
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Mitigation Banks and In-Lieu Fees: a site, or suite of sites, where resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by DA permits (33 CFR 322.2)
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Permitee Responsible Mitigation: an aquatic resource restoration, establishment, enhancement, and/or preservation activity undertaken by the permittee (or an authorized agent or contractor) to provide compensatory mitigation for which the permittee retains full responsibility (33 CFR 322.2)
NeSCAP
If your project will exceed 0.03-acre of stream impacts, the Corps recommends the Nebraska Stream Condition Assessment Procedure (NeSCAP) is conducted.
The NeSCAP is designed to:
- Document baseline information for a site prior to development activities,
- Develop potential alternatives that may lessen impacts,
- Support analyses in the evaluation of public interest review factors,
- Guide decisions regarding the appropriate amount of compensatory mitigation required or if compensatory mitigation should be required for permitted impacts; and,
- Serve as an initial “screen” for determining the need for more detailed assessment or data needs in the evaluation of regulatory or resource management actions.
Third Party Permittee Responsible