PERMITTEE RESPONSIBLE INFORMATION

If the permittee’s project is within the service area of a mitigation bank or in-lieu fee service area, typically it is preferred for the permittee to compensate for impacts from a bank or in-lieu fee provider that has appropriate wetland credits available. If the permittee’s project is outside of the service area of a mitigation bank or in-lieu fee service area or the applicant can provide justification that permittee responsible mitigation should be preferred over a mitigation bank or in-lieu fee provider, then permittee responsible compensatory mitigation can be used to offset unavoidable impacts to waters of the United States.

1. Objectives.
   • A description of the amount of resources to be provided.
   • The method of compensation.
   • How the functions of the proposed mitigation site will address the needs of the watershed.
2. Site selection.
   • A description of factors considered during the site selection process including:
     1. Watershed needs.
     2. On-site alternatives. (if applicable)
     3. Practicability of accomplishing the proposed compensatory mitigation project.
3. Site protection instrument.
   • A description of the legal instrument and arrangements, including site ownership that will ensure the long-term protection of the compensatory mitigation site.
4. Baseline information.
   • A description of the ecological characteristics of the compensatory mitigation site and the impact site including:
     1. Historic and existing plant communities,
     2. Historic and existing hydrology,
     3. A map showing the impact and mitigation sites, and the geographic coordinates of the sites,
     4. Other characteristics appropriate to the resource proposed as compensation,
     5. A wetland delineation on the proposed compensatory mitigation site. The type of wetlands should be delineated using the Nebraska Subclass Wetland Classification System and Cowardin Classification.
5. Determination of credits.
   • A description of the amount of mitigation to be provided, including a brief explanation of the rationale for the determination.
     1. Permittee Responsible sites must also provide an explanation of how the compensatory mitigation site will offset impacts from the proposed project.
   • The permittee will work with the Corps project manager to determine the amount and type of mitigation that should be provided. See the general guide for ratios below.

• To determine if the mitigation site is in-kind or out-of-kind from the proposed impact site, the Corps Nebraska Field Office uses Nebraska Wetland Subclasses.

6. Mitigation work plan.    
   • Detailed written specifications and work descriptions for the compensatory mitigation project including, but not limited to:
     1. Geographic boundaries of the project,
     2. Construction methods,
     3. Timing and sequence,
     4. Sources of hydrology,
     5. Methods for establishing the desired plant community,
     6. Plans to control invasive plant species,
     7. The proposed grading plan including elevations and slopes of the substrate, and
     8. Soil management and erosion control measures.
   • Stream compensatory mitigation projects must also include the following:
     1. Plan-form geometry,
     2. Channel form (typical channel cross sections),
     3. Watershed size,
     4. Design discharge, and
     5. Riparian area plantings.
7. Maintenance plan.
   • A description and schedule of maintenance requirements to ensure the continued viability of the resource once initial construction is completed.
8. Performance standards.
   • Ecologically based standards that will be used to determine if the compensatory mitigation site is meeting its objectives.
   • Performance Standards
9. Monitoring requirements.
   • A description of the parameters in order to determine if the compensatory mitigation site is on track to meet its performance standards, or if adaptive management is needed.
   • A schedule for monitoring and reporting must be included. A minimum of 5 years of monitoring is required following construction activities and a monitoring report is typically required every year.
10. Long-term management plan.
    • A description of how the compensatory mitigation project will be managed after performance standards have been achieved to ensure the long-term sustainability of the resource, including:
      1. Long-term financing mechanisms,
      2. The party responsible for long-term management, and
      3. The activities required to sustain the site long-term (e.g. monitoring, invasive species management, etc.).
11. Adaptive management plan.
    • A management strategy to address unforeseen changes in site conditions or other components of the compensatory mitigation project, including the party or parties responsible for implementing adaptive management measures.
12. Financial assurances
    • A description of financial assurances that will be provided and how they are sufficient to ensure a high level of confidence that the compensatory mitigation project will be successfully completed, in accordance with its performance standards.

Click here to view the 12-point compensatory mitigation plan reference PDF, and a fillable mitigation plan template for permittee to use.

Nebraska Wetland Ratios

Definitions for mitigation types are defined in 33 CFR 332.2.

Note: This table is a starting point for thinking about ratios and is not all inclusive for determining a mitigation ratio. Other factors for determining mitigation ratios are outlined in 33 CFR 332.3(f).

Mitigation Banking                                         General Mitigation                                         

Related Links

• RIBITS
• Omaha District Mitigation Information
• Nebraska Stream Condition Assessment Procedure (NeSCAP)
  • ​Nebraska Stream Condition Assessment Procedure (NeSCAP) 
  • Nebraska Stream Mitigation Procedure Calculation Spreadsheet
  • Nebraska Stream Condition Assessment Standard Policies 
• Mitigation Guidelines for Nebraska Eastern Saline Wetlands June 1997