Title
A Resolution Authorizing the Mayor to Execute a Memorandum of Agreement with the U.S. Army Corps of Engineers for Site Protection Requirements Associated with Permittee Responsible Mitigation under Department of the Army Permits.
Presenter:
Erin Powers, P.E., Stormwater Enterprise Manager
Richard Mulledy, P.E., Public Works Director
Body
Summary:
The City of Colorado Springs and its Enterprises seeks approval to execute a Memorandum of Agreement (MOA) with the U.S. Army Corps of Engineers (USACE), Albuquerque District. This MOA establishes the required site protection instrument for all current and future permittee-responsible mitigation (PRM) sites associated with Department of the Army permits issued under Section 404 of the Clean Water Act.
Background:
The City and its Enterprises frequently carry out projects that affect wetlands regulated by U.S. Army Corps of Engineers (USACE). When these wetlands are disturbed, federal regulations require that the impacts be mitigated, most often by replanting and reestablishing the affected areas once work is complete. This process of restoring impacted wetlands is known as permittee-responsible mitigation (PRM).
The USACE administers permitting authority under Section 404 of the Clean Water Act, including requirements for compensatory mitigation when unavoidable impacts to Water of the United States occur. Under federal regulation (33 CFR Part 332), applicants conducting permittee-responsible mitigation must establish a “site protection instrument” to ensure long-term preservation of PRM areas.
This MOA serves as that protection instrument for all City-owned PRM sites, eliminating the need to develop separate site protection agreements for each future project. It outlines the City’s responsibilities to manage, maintain, and protect PRM sites, including restrictions on activities such as filling, excavating, clearing vegetation, altering hydrology, constructing structures or roads, installing utilities, and engaging in agricultural, industrial, or commercial uses inconsistent with mitigation goals. It also establishes requirements for Corps approval of restoration plans when disturbance is unavoidable or occurs during emergency work and includes requirements related to property transfer.
This MOA will allow future projects requiring PRM to reference this agreement instead of developing individual site protection instruments, standardizing regulations for all related sites and streamlining future permitting efforts.
Previous Council Action:
N/A
Financial Implications:
This MOA does not obligate the City to expend funds beyond what may be required to protect the permittee responsible mitigation sites.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
Disapprove authorization for the Mayor to execute the MOA. This would prevent the City and its Enterprises from having an MOA to cover all wetland restoration sites across the City, requiring every project involving wetland restoration to develop separate site protection agreements to obtain a 404 permit. This action would increase permitting time, costs and delay future projects.
Recommended Action
Proposed Motion:
Move to approve the resolution authorizing the Mayor to execute the Memorandum of Agreement with the U.S. Army Corps of Engineers for site protection requirements associated with permittee responsible mitigation under Department of the Army permits.
Summary of Ordinance Language
N/A