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  LRH 2013-112-SCR Drawings
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LRH 2013-112-SCR

Posted: 12/19/2017

Expiration date: 1/17/2018


TO WHOM IT MAY CONCERN: The district engineer has received a request to modify an approved in-lieu fee program (ILFP) instrument to implement an ILFP project site within the United States (U.S.) Army Corps of Engineers (Corps), Huntington District regulatory boundary as described in this Public Notice. This Public Notice is required pursuant to the “Compensatory Mitigation for Losses of Aquatic Resources; Final Rule,” as published in the April 10, 2008, Federal Register, Vol. 73, No. 70, Pages 19594-19705 (33 CFR Parts 332). The purpose of this Public Notice is to inform you of the proposed ILFP project and to solicit your comments and information to better able us to make a reasonable decision on factors affecting the public interest. We hope you will participate in this process.

 

INTERAGENCY REVIEW TEAM: As indicated in the Corps regulations (33 CFR 332.8(b)), the district engineer has established an Interagency Review Team (IRT) to review documentation for the establishment and management of mitigation banks and ILFPs.  The primary role of the IRT is to facilitate the establishment of mitigation banks and/or ILFPs through the development of mitigation banking or ILFP instruments.  The Corps, Huntington District (Regulatory Division) is the lead district for the State of Ohio and chairs the Ohio IRT. The Ohio IRT is presently comprised of the Corps (Buffalo, Huntington, and Pittsburgh Districts), the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service (USFWS), the U.S. Department of Agriculture-Natural Resources Conservation Service, the Ohio Department of Natural Resources (Ohio DNR), and the Ohio Environmental Protection Agency (Ohio EPA). 

 

ILFP: An ILFP is a program involving the restoration, establishment, enhancement and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for Department of the Army (DA) permits.  Similar to a mitigation bank, an ILFP sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the ILFP sponsor. As ILFP project sites are identified and secured, the ILFP sponsor must submit mitigation plans to the district engineer that include all applicable items listed in 33 CFR 332.4(c)(2) through (14). The mitigation plans must also include a credit release schedule consistent with 33 CFR 332.8(o)(8) that is tied to achievement of specific performance standards. The review and approval of ILFP project sites will be conducted in accordance with the procedures in 33 CFR 332.8(g)(1), as modifications of the ILFP instrument.

 

 

ILFP SPONSOR:               Stream and Wetlands Foundation (S+WF)

123 South Broad Street, Suite 238

P.O. Box 369

Lancaster, Ohio 43130

 

PURPOSE: S+WF operates an approved ILFP, which includes the Upper Scioto watershed (8-digit Hydrologic Unit Code (HUC): 05060001) primary service area with a secondary service area defined as the remainder of the Scioto watershed (6-digit HUC: 050600). They have submitted a proposal to modify their approved ILFP instrument to implement an ILFP project within the Upper Scioto watershed. The primary objective of the proposed ILFP project is to restore wetlands and upland buffer to generate wetland mitigation credits to fulfill ILFP advance credits sold in the Upper Scioto watershed primary service area.

 

LOCATION: The proposed ILFP project is located at the southwest corner of the intersection of Marion Agosta Road and Espyville Road S near Marion in Big Island Township, Marion County, Ohio (latitude 40.57942, longitude -83.26020).

 

DESCRIPTION OF PROPOSED ACTIVITY: The ILFP sponsor has submitted mitigation plans to the Corps, Huntington District to establish and manage one (1) ILFP project site identified as the Glade Run Wetland In-Lieu Fee Mitigation Site. A complete copy of the October 2017 Mitigation and Monitoring Plan – Glade Run Wetland In-Lieu Fee Mitigation Site document is available for review upon request.

 

The sponsor has indicated the proposed ILFP project has been identified and selected in accordance with the Compensation Planning Framework of their approved ILFP instrument. The sponsor proposes to generate approximately 64.7 wetland mitigation credits through wetland and upland buffer restoration mitigation activities, as outlined in Table I, below:

 

Table I

Glad Run Wetland In-Lieu Fee Mitigation Site

Proposed Credit Generation

Mitigation Type

Resource Type

Size (acres)

Credit Ratio

Credits

Re-establishment

Forested Wetland

59.2

1:1

59.2

Rehabilitation

Forested and Non-forested Wetlands

5.6

1:2

2.8

Re-establishment

Upland Forest <50m from Wetlands

10.7

1:4

2.7

Total

---

75.5

---

64.7

 

The sponsor has proposed site specific performance standards to ensure high quality wetlands and uplands are restored within the ILFP project site, and the sponsor has proposed a credit release schedule based on the development of the site toward meeting the performance standards within a monitoring period.

  

The ILFP project would be monitored for a period of 10 years relative to the achievement of the performance standards, and reports would be submitted to the Ohio IRT describing the findings of the monitoring efforts. The sponsor has indicated financial assurances would be provided for the ILFP project to ensure a high-level of confidence that the ILFP project will be successfully completed in accordance with its performance standards. The sponsor has proposed a long-term management plan and a long-term management funding mechanism. Upon attainment of all performance standards and after all advance credits have been fulfilled, and released credits sold, if applicable, the ILFP project would transferred to a third party long-term manager. The sponsor proposes to provide long-term protection of the entire ILFP project site through recordation of a third party environmental covenant. The sponsor has identified Ohio DNR, Division of Wildlife as the proposed long-term manager and the long-term protection instrument holder.

 

Location and details of the proposed ILFP project are shown on the attached documents (Appendix Nos. A, B, C, D, G, H, I, J, and K).

 

DEPARTMENT OF THE ARMY PERMITS: The establishment and use of the proposed ILFP project would be as specified in the modification to the existing ILFP instrument. Authorization of the proposed ILFP project will be evaluated under the Nationwide Permit No. 27 described in the January 6, 2017 Federal Register, Issuance and Reissuance of Nationwide Permits (82 FR 1860).

 

WATER QUALITY CERTIFICATION: In accordance with Nationwide Permit No. 27, a general Section 401 Water Quality Certification was granted by the Ohio EPA.

 

HISTORIC AND CULTURAL RESOURCES: This ILFP project must be reviewed to determine any potential effect to properties that may be eligible for or listed on the National Register of Historic Places (NRHP), in accordance with Section 106 of the National Historic Preservation Act. The NRHP has been consulted, and it has been determined there are no historic properties currently listed on the NRHP within the area to be affected by the proposed ILFP project. The Corps is soliciting comments from the public, Federal, state, and local agencies and officials, Indian Tribes and other interested parties in order to consider and evaluate the potential effects on historic properties.  If you wish to provide comments or objections regarding the effect of the proposed ILFP project on historic properties, please provide this information to our office prior to the close of the comment period. Comments concerning archaeological sensitivity of the project area should be based on collected data.

 

THREATENED & ENDANGERED SPECIES: This Public Notice will serve as coordination with the USFWS concerning threatened or endangered species, pursuant to Section 7 of the Endangered Species Act of 1972 (as amended).  Two (2) federally-listed endangered species (Indiana bat (Myotis sodalis) and rayed bean mussel (Villosa fabalis)) and two (2) federally-listed threatened species (northern long-eared bat (Myotis septentrionalis) and eastern massasauga (Sistrurus catenatus)) may occur within Marion County.

 

The proposed ILFP project would not involve work within stream channels. Therefore, this office has determined the proposed ILFP project would result in no effect to rayed bean mussel.

The proposed ILFP project would involve wetland and upland buffer restoration mitigation activities that are expected to result in forested habitat improvements. Therefore, this office has determined the proposed ILFP project may affect, but would not likely adversely affect either the Indiana bat or the northern long-eared bat. The proposed ILFP project site is currently utilized for agricultural purposes. The proposed ILFP project would involve non-forested wetland rehabilitation and overall habitat improvements. Therefore, this office has determined the proposed ILFP project may affect, but would not likely adversely affect the eastern massasauga.

 

This Public Notice serves as a request to the USFWS for concurrence and for any additional information they may have on whether any listed or proposed to be listed endangered or threatened species may be present in the areas which would be affected by the activities, pursuant to Section 7(c) of the Endangered Species Act of 1972 (as amended).

 

PUBLIC INTEREST REVIEW AND CUMULATIVE EFFECTS: This application will be reviewed in accordance with 33 CFR 320-332, the Regulatory Program of the Corps, and other pertinent laws, regulations, and executive orders.  Interested parties are invited to state any objections they may have to the proposed work. The proposed mitigation is under evaluation for compliance with the terms and conditions of Nationwide Permit No. 27 for Aquatic Habitat Restoration, Establishment, and Enhancement Activities.  If determined necessary, an individual DA permit pursuant to the procedures outlined at 33 CFR 325.2 would be required.  For individual DA permits, the decision whether to approve ILFP project will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefit that reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments.  All factors that may be relevant to the proposal will be considered including the cumulative effects thereof; of those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.  Any person may submit cumulative impact information, which is substantive and specifically associated with the proposed action.  In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, USEPA, under the authority of Section 404(b) of the Clean Water Act. 

 

SOLICITATION OF COMMENTS: The Corps is soliciting comments from the public, Federal, state, and local agencies and officials, Indian Tribes and other interested parties in order to consider and evaluate this proposed ILFP project.  For accuracy and completeness of the administrative record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish a clear understanding of the reasons for support or opposition.  Any person who has an interest that may be adversely affected by the approval of this ILFP project may request a public hearing.  Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.  Any comments received will be considered by the Corps to determine whether to approve, modify, condition or deny this proposal.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Written statements on these factors received in this office on or before the expiration date of this Public Notice will become a part of the record and will be considered in the final determination. A permit will be granted unless its issuance is found to be contrary to the public interest.

 

CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before the close of the comment period listed on page one of this Public Notice.  If no comments are received by that date, it will be considered that there are no objections.  Comments and requests for additional information should be submitted to:

 

U.S. Army Corps of Engineers

ATTN: CELRH-RD-E Public Notice No. LRH-2013-112-SCR

502 Eighth Street

Huntington, West Virginia 25701-2070.

 

All responses to this notice should reference the Public Notice number (LRH-2013-112-SCR) and be directed to the Huntington District Regulatory Division at the above address.  Please note the comments received in response to this Public Notice become part of our administrative record and, as such, are available to the public under provisions of the Freedom of Information Act.  Thank you for your interest in our Nation's water resources.  Please contact Mr. Cory Wilson with any questions pertaining to this Public Notice or the proposed modification at the above address, by telephone at (330) 365-4271, or by email at cory.l.wilson@usace.army.mil.