Utah Administrative Code
Topic - Natural Resources
Title R634 - Administration
Rule R634-3 - Compensatory Mitigation Program
Section R634-3-4 - State Sponsored Compensatory Mitigation Program
Universal Citation: UT Admin Code R 634-3-4
Current through Bulletin 2024-18, September 15, 2024
(1) Compensatory Mitigation for Impacts to Private, SITLA and other State Lands.
(a) To
meet the mitigation requirements in the Utah Conservation Plan for Greater
Sage-grouse, the Department will:
(i)
Generate four acres of Functional Habitat or Corridors in SGMAs for every one
acre of Permanent Disturbance on private or SITLA Lands in any SGMA;
and
(ii) For every one acre of
Permanent Disturbance on State Lands, other than SITLA lands, in any SGMA, the
Department will work with other state agencies to generate four acres of
Functional Habitat or Corridors.
(2) Determination of Disturbance.
(a) In consultation with county governments
and other state agencies, the Department will determine the number of acres of
permanent disturbances within all SGMAs on private, SITLA and State Lands every
three years, or whenever information becomes available to the
Department.
(3) State Credit Generation Projects.
(a) The
Department will identify potential Credit Generation Projects within
non-functional habitat in any SGMA. Prior to initiation of any Credit
Generation Projects on SITLA, State Lands or federal lands, the Department will
assess the Project Area to document the Baseline acres of Functional Habitat
present within the Project Area before treatment. After conducting any
necessary pre-project planning and assessments, the Department will conduct
Credit Generation Projects to generate Credits.
(b) The Department will consult with the
concerned county government(s) and other appropriate agencies before conducting
the project.
(c) The Department
will meet annually with federal agencies with jurisdiction over federal lands
to identify potential Credit Generation Projects that may be completed on
federal lands utilizing non-federal dollars. Credit Generation Projects will
only be initiated after compliance with any necessary federal planning and
permitting requirements. After conducting any necessary pre-project planning
and assessments, the Department will conduct Credit Generation Projects to
generate Credits.
(4) Verification and Tracking of Credits.
(a)
Upon completion of any Credit Generation Project on SITLA, State Lands or
federal lands, the Department will assess the Project Area utilizing a Verifier
to certify the number of Credits generated on the Project Area. Once Credits
are certified by the Department, it will track the Credits utilizing the Credit
Exchange Service as provided in Section 3-7(1).
(b) Credits generated by the Department will
offset Permanent Disturbance on private, SITLA and other State Lands. Credits
generated by the Department will not be transferred to Credit Buyers except as
provided in 3-4(7).
(5) Monitoring and Maintenance.
(a) The
Department will monitor the condition of each Credit utilizing the monitoring
and assessment guidelines it adopts pursuant to Section 3-7(5).
(b) If results from monitoring and assessment
demonstrate that Credits produced by the Department no longer provide
Functional Habitat or Corridors, then the Department may conduct habitat
maintenance projects to restore the Credits, or it may create additional
Credits to replace them.
(6) Duration, Durability and Reversals. State Assurance.
(a) The Department will ensure
that any Credits generated by the Department to offset permanent disturbance in
any SGMA will be maintained for the duration of any direct impacts from
Permanent Disturbance on those lands and tracked using the Credit Exchange
Service.
(b) In the event of a
Reversal to any Credits generated by the Department, the Department will apply
additional replacement Credits from other Credit Generation Projects in any
SGMA throughout the State. Any actions taken under this Section will be tracked
in the Credit Exchange Service.
(7) Federal Agency Use of State Generated Credits.
(a) If a federal agency would like to
utilize Credits generated by the State to offset Permanent Disturbance on
federal lands, the Department may enter into a written agreement with the
federal agency outlining the federal agencies' need and use of Credits to
offset Permanent Disturbances on federal lands.
(b) Any federal agency may authorize the use
of in-lieu payments from a person permanently disturbing habitat to offset the
Department's cost to generate, monitor, and maintain the Credits. Upon payment
of the in-lieu fee to the Department, the federal agency will provide a written
receipt stating that the compensatory mitigation requirements are satisfied and
allow a project causing permanent disturbance to habitat to proceed on federal
lands.
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