What is the Proximity Factor Tool?
Conditions for Using Out-of-Service Area Mitigation Banks
To utilize mitigation credits from banks outside their service area, the following criteria must be met:
- No Local Alternatives: Federal credits must be unavailable within the impact area’s basin or HUC.
- MBI Language: The Mitigation Banking Instrument (MBI) should include language permitting the use of credits for impacts outside the designated service area. This ensures regulatory compliance.
Case-by-Case Approval
Each instance of using out-of-service area credits requires approval from the relevant regulatory agencies.
Benefits of Using the Proximity Factor Tool
- Expanded Options: Provides access to mitigation credits when local options are unavailable.
- Regulatory Compliance: Ensures projects meet federal environmental regulations, preventing delays.
- Ecological Benefits: Allows for effective mitigation by utilizing high-quality mitigation banks, regardless of their proximity to the impact area.
How to Proceed
- Identify Potential Mitigation Banks: Use resources like the Regulatory In-lieu Fee and Banking Information Tracking System (RIBITS) to find suitable banks.
- Review MBI Terms: Verify that the selected bank’s MBI includes provisions for out-of-service area mitigation.
- Coordinate with Regulatory Agencies: Engage with the USACE and EPA early in the planning process to obtain necessary approvals.
How Does the Proximity Factor Tool Work?
The Proximity Factor Tool determines the number of mitigation credits needed when a project impacts areas outside a mitigation bank’s service area. Here’s a concise breakdown:
General Considerations
- The tool aligns with 33 CFR 332 regulations, ensuring compliance with federal guidelines.
- The Corps evaluates the most environmentally preferable option for each project, applying the proximity factor on a case-by-case basis.
For more detailed guidance, refer to the Proximity Factor Tool Documentation.
The following mitigation banks allow consideration for Outside of Service Area (OSA) use.
Bayfield Mitigation Bank
Big Cypress Mitigation Bank
Blackwater Creek Mitigation Bank
Bluefield Ranch Mitigation Bank
Boarshead Mitigation Bank
Corkscrew Regional Mitigation Bank
East Central Florida Mitigation Bank
Fox Branch Mitigation Bank
FPL Everglades Phase II Mitigation Bank
Garcon Peninsula Mitigation Bank
Green Swamp Mitigation Bank
Hillsborough River Mitigation Bank
Hilochee Mitigation Bank
Horse Creek Mitigation Bank
Horseshoe Creek Mitigation Bank
Lake Louisa Mitigation Bank
Lake Washington Mitigation Bank
Little Pine Island Mitigation Bank
Loxahatchee Mitigation Bank
Mangrove Pointe Mitigation Bank
Myakka Mitigation Bank
Nature Coast Mitigation Bank
Nokuse Plantation Mitigation Bank
Panther Island Mitigation Bank
Peace River Mitigation Bank
Peach Drive Mitigation Bank
Pensacola Bay Mitigation Bank
Pigeon Creek Mitigation Bank
Shell Creek Mitigation Bank
Southport Ranch Mitigation Bank
St. Johns Mitigation Bank
St. Marks River Mitigation Bank
