Corps of Engineers Announces Implementation of a Stream Attribute Assessment Methodology

On October 13, 2005, after three years of development, the U.S. Army Corps of Engineers (COE) Norfolk District Regulatory Branch issued a Public Notice announcing the adoption and implementation of the Stream Attribute Assessment Methodology (SAAM). Effective November 15, 2005, the COE is implementing the SAAM on an interim basis for use in evaluating stream impacts and determining the amount of mitigation required to compensate for unavoidable stream impacts to satisfy the conditions of a Section 404 permit. The SAAM is intended for use in wadeable streams in Virginia’s Piedmont physiographic province.¹ Mitigation for impacts to ephemeral and larger third order, non-wadeable streams will be determined on a case-by-case basis. The COE plans to re-evaluate the SAAM within one year of the implementation to address any staff and public comments on the use of the SAAM. The SAAM instruction manual and data forms (in Microsoft Excel format), as well as a summary of comments provided by consultants and other regulatory agencies during the development of the SAAM, can be found on the COE Norfolk District’s Web site.

Concurrent with the COE’s development of the SAAM, the Virginia Department of Environmental Quality (DEQ) has developed a draft Stream Impact and Compensation Assessment Manual (SICAM) for use in evaluating stream impacts and determining the amount of mitigation required to compensate for unavoidable stream impacts to satisfy the conditions of Virginia Water Protection Permits (VWPP). Development of the SICAM began in February 2005 following concerns about the COE’s SAAM and the inability of the COE and DEQ to agree on a stream assessment methodology. On October 24, 2005, the DEQ announced its draft SICAM and asked interested parties to review and field test the draft SICAM and provide comments and suggestions for improvement by November 28, 2005. DEQ anticipates distribution of the SICAM Manual as guidance in early December 2005.

Once DEQ issues the SICAM guidance, all applicants who propose projects that result in impacts to first, second, or third order streams in Virginia’s Piedmont will be required to apply both the COE’s SAAM and the DEQ’s SICAM to their projects in order to determine the mitigation required to compensate for stream impacts.² The COE and DEQ have agreed to compare data from the use of the two methodologies after a six-month period, from the date of DEQ’s implementation of the SICAM guidance. As currently written, the SAAM and the SICAM have similar stream quality assessments; however, the two methodologies differ significantly in the calculation of stream compensation credits. The goal of the comparison will be to examine how consistently the two assessment methodologies are applied, as well as how consistently and predictably compensation requirements can be determined and fulfilled under the two methods. After this comparison, it is hoped that the two agencies can agree on a common methodology. Until then, the regulated public will be required to use both methodologies to assess stream impacts and determine the required stream mitigation for all development projects in Virginia.

If you have questions or need additional information on this subject, please contact Mike Rolband, Craig Tumer, Frank Graziano, or Brian Chromey.

¹ Currently, the COE is working to adapt the SAAM for use in assessing stream impacts and determining required stream mitigation in the remainder of Virginia (i.e., the Coastal Plain, Blue Ridge, and Mountains and Valleys physiographic provinces). A date for implementation of the SAAM in the rest of Virginia has not been set, but the COE anticipates distribution of the regionally adapted SAAM forms within the one-year interim period.