9377 ‎(2)‎

• UCREFRP Catalog Number: 9377
• Author: Colorado Water Workshop.
• Title: 16th Annual Colorado Water Workshop.
• USFW Year: 1991.
• USFW - Doc Type: Western State College.
• Copyright Material: NO

CREATE, RESTORE, PRESERVE, OR IMPROVE A RESOURCE MITIGATION
SITE MAY SUBMIT TO THE EXECUTIVE DIRECTOR A RESOURCE
MITIGATION PROPOSAL. SUCH PROPOSAL SHALL DESCRIBE WITH
SPECIFICITY THE SITE OF THE PROPOSAL, CURRENT VALUES OF
RESOURCES ON THE SITE, THE IMPROVEMENTS AND PROTECTIVE
MEASURES, IF ANY, INTENDED FOR THE SITE, PROPOSED FINANCIAL OR
IN-KIND CONTRIBUTIONS TO MAINTAIN OR ENHANCE THE RESOURCE, IF
APPROPRIATE, AND A SURVEY ESTABLISHING WHETHER THE SITE OR THE
ACTIVITY PROPOSED IS OF SPECIAL VALUE AS DEFINED IN THE
MANAGEMENT GUIDELINES.
(2) RESOURCE MITIGATION PROPOSALS MAY INCLUDE SITES FOR
ACQUISITION AND PRESERVATION, WITHOUT FURTHER ENHANCEMENT OF
THE RESOURCE, PROVIDED THE EXECUTIVE DIRECTOR DETERMINES THAT
THE RESOURCES OF SUCH SITES ARE OF SPECIAL VALUE TO THE STATE.
(3) UPON RECEIPT OF A PROPOSAL, THE EXECUTIVE DIRECTOR
MAY ASSIGN SUCH PROPOSAL TO APPROPRIATE AGENCIES FOR REVIEW.
EACH STATE AGENCY TO WHICH THE PROPOSAL IS ASSIGNED SHALL
REVIEW THE PROPOSAL, VERIFY THE INFORMATION SUBMITTED,
EVALUATE WHETHER IT MEETS THE CONDITIONS SET FORTH IN
SUBSECTION (4) OF THIS SECTION, AND RECOMMEND TO THE EXECUTIVE
DIRECTOR EITHER ITS ACCEPTANCE OR REJECTION.
(4) THE EXECUTIVE DIRECTOR SHALL APPROVE A PROPOSAL THAT
MEETS THE CRITERIA SET FORTH IN THE MANAGEMENT GUIDELINES.
37-85.5-107. Use of banking credits as mitigation in
permits. (1) NOTHING HEREIN IS INTENDED TO AUTHORIZE ANY
PERSON OR AGENCY, OTHER THAN THE PERMITTING AUTHORITY, TO
AUTHORIZE OR PROHIBIT THE APPLICATION OF BANKING CREDITS AS
COMPENSATORY MITIGATION TO OFFSET RESOURCE IMPACTS OR LOSSES.
BANKING CREDITS APPLIED AS COMPENSATORY MITIGATION TO OFFSFT
RESOURCE IMPACTS OR LOSSES SHALL CONTINUE TO BE ADMINISTERED
TO MAINTAIN THE SAME OR INCREASED RESOURCE VALUES AS WERE
POSSESSED AT THE TIME OF THEIR APPLICATION AS COMPENSATORY
MITIGATION.
(2) UPON REQUEST OF THE PERMITTING AUTHORITY, THE
DEPARTMENT SHALL INSPECT THE SITE AND DETERMINE THE VALUE OF
THE RESOURCE WHICH HAS BEEN CREATED, ENHANCED, OR PRESERVED.
THE DEPARTMENT SHALL REPORT ITS FINDINGS TO THE PERMITTING
AUTHORITY. THE VALUE CERTIFIED BY THE DEPARTMENT SHALL BE
CALCULATED AS THE RESOURCE VALUE AT THE TIME MITIGATION
BANKING CREDITS ARE USED TO OFFSET IMPACTS TO OBTAIN A PERMIT,
LESS THE RESOURCE VALUE OF THE SITE PRIOR TO RESOURCE CREATION
OR ENHANCEMENT. IF THE CREDIT IS AWARDED FOR PRESERVATION OF
A RESOURCE, THE VALUE SHALL BE THE AMOUNT OF RESOURCES
DETERMINED TO BE OF SPECIAL VALUE TO THE STATE. SUCH FINDINGS
AND METHODOLOGY SHALL BE A MATTER OF PUBLIC RECORD.
(3) THE PURPOSE OF THE MITIGATION BANK IS TO ENCOURAGE
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