NOTICE: The district engineer has received a mitigation
bank prospectus to establish a wetland and/or stream compensatory mitigation
bank for Federal and State permits as described in this Public Notice. Issuance of a public notice regarding
proposed mitigation banks is required pursuant to the “Compensatory Mitigation
for Losses of Aquatic Resources; Final Rule,” (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 mitigation bank and to solicit your comments and
information to better enable 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 United States Army Corps of Engineers’ (Corps)
regulations (33 CFR 332.8(b)), the district engineer will establish an Interagency
Review Team (IRT) to review documentation for the establishment and management
of mitigation banks and in-lieu fee (ILF) programs. The primary role of the IRT is to facilitate
the establishment of mitigation banks and/or ILF programs through the
development of mitigation banking or ILF program instruments. The IRT reviews draft prospectus, prospectus,
instruments, and other documents and provides comments to the Corps. The
Huntington District Regulatory Division is the lead district for the State of
Ohio and chairs the Ohio IRT on all statewide or multiple District
prospectuses. Buffalo District and Pittsburgh
District may serve as chair when reviewing/processing prospectuses within their
geographic area of regulatory responsibility. The Ohio IRT consists of the
following federal and state resource agencies: Corps Huntington, Buffalo, and
Pittsburgh Districts, United States Environmental Protection Agency (USEPA),
United States Fish and Wildlife Service (USFWS), United States Department of
Agriculture’s Natural Resources Conservation Service, Ohio Environmental
Protection Agency (OEPA), and Ohio Department of Natural Resources.
Since its early history, the Corps has played an important role in the
development of the nation's water resources.
Originally, this involved construction of harbor fortifications and
coastal defenses. Later duties included
the improvement of waterways to provide avenues of commerce. An important part of our mission today is the
protection of the nation's waterways through the administration of the Corps’
SECTION 10: The
Corps is directed by Congress under Section 10 of the Rivers and Harbors Act of
1899 (33 USC 403) to regulate all work or structures in or affecting the
course, condition or capacity of navigable waters of the United States (U.S.). The intent of this law is to protect the
navigable capacity of waters important to interstate commerce.
SECTION 404: The
Corps is directed by Congress under Section 404 of the Clean Water Act (33 USC
1344) to regulate the discharge of dredged and fill material into all waters of
the U.S., including wetlands. The intent
of the law is to protect the nation's waters from the indiscriminate discharge
of material capable of causing pollution and to restore and maintain their
chemical, physical, and biological integrity.
TO WHOM IT MAY CONCERN: 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 mitigation bank.
BANK SPONSOR: Buckeye Power, Inc.
6677 Busch Boulevard
Columbus, Ohio 43226-7890
The Bank Sponsor is proposing one (1) mitigation
bank in association with this proposal. The
proposed Scioto Pike Wetland Reserve Mitigation Bank (LRH-2014-150-SCR) site is
located on a portion of an approximate 2,100-acre tract situated along the
right descending bank of the Scioto River near the community of Omega, in Pike
County, Ohio (latitude 39.15392, longitude -82.88882).
DESCRIPTION OF THE PROPOSED WORK: The Bank
Sponsor, Buckeye Power, Inc., has submitted a prospectus to the Corps
Huntington District to develop and operate a wetland mitigation bank known as
the Scioto Pike Wetland Reserve Mitigation Bank. The submitted prospectus proposes one mitigation
bank composed of two simultaneous phases, which involves the establishment,
design, construction and operation of a compensatory wetland mitigation bank.
banks are defined as a site, or suite of sites, where resources (e.g. wetlands,
streams, riparian area) are restored, established, enhanced and/or preserved
for the purpose of providing compensatory mitigation for impacts authorized by
Department of the Army (DA) permits, pursuant to Section 10 of the Rivers and Harbors
Act of 1899 and/or Section 404 of the Clean Water Act. In general, units of restored, established,
enhanced or preserved streams (or wetlands) are expressed as “credits” which
may be subsequently withdrawn to offset “debits” incurred at a project
development site. The Corps is
responsible for authorizing the use of a particular mitigation bank on a
project-specific basis and determining the number and availability of credits
required to compensate for proposed impacts.
Decisions rendered by the Corps will fully consider all comments
submitted as part of the permit evaluation process. In areas where a functional or condition
assessment or other suitable metric is not available, a minimum one-to-one
acreage (for wetlands) or linear foot (for streams) compensation ratio must be
applied in order to achieve a federally mandated “no net loss of aquatic
resources.” Wetland credits would
correlate with wetland acreage and classification (i.e. emergent, scrub-shrub
and forested). Stream credits would
correlate with linear feet or acceptable forms of assessments and classification
of streams. Acceptable forms of
assessments would include those based upon best available science that can be
measured or assessed in a practicable manner.
proposed mitigation bank would provide compensatory mitigation for projects resulting
in unavoidable impacts to wetlands within the specified service areas (maps
enclosed). The proposed mitigation bank
would include a primary service area consisting of five 8-digit Hydrologic Unit
Code (HUC) watersheds: Lower Scioto (HUC 05060002); Ohio Brush-Whiteoak (HUC
05090201); Little Scioto-Tygarts (HUC 05090103); Raccoon-Symmes (HUC 05090101);
and Upper Ohio-Shade (HUC 05030202). The secondary service area for the
proposed mitigation bank would be defined as all federally jurisdictional and
isolated Category 1 wetlands of any size and all isolated Category 2 wetlands
of ½ acre or less within the Corps’ Huntington District boundary within the
State of Ohio.
of the proposed mitigation bank is to provide compensatory mitigation to offset
unavoidable adverse impacts to wetlands through the establishment, restoration
and/or preservation of wetlands and their associated buffers. The proposed
mitigation bank would provide compensatory mitigation for DA permits authorized
under Section 404 of the Clean Water Act and Section 10 of the Rivers and
Harbors Act of 1899. In addition, the proposed mitigation would provide
compensatory mitigation for Ohio State Water Quality Certifications authorized
under Section 401 of the Clean Water Act.
mitigation bank is anticipated to include wetland establishment, as well as the
restoration and preservation of existing wetland and upland areas. Some of the
targeted functions include improvement to wildlife habitat, water quality,
flood storage, and erosion control.
The Bank Sponsor proposes to meet the mitigation
banks’ goals through establishment, restoration
and preservation of wetlands, as summarized below:
Phase I: The Bank Sponsor proposes to preserve
approximately 27.8 acres of wetlands (Forested: 15.9 acres and Non-forested:
11.9 acres) and rehabilitate approximately 1.7 acres of non-forested wetlands.
The Bank Sponsor proposes to restore approximately 56.8 acres of upland buffer
and preserve approximately 85.0 acres of upland buffer and approximately 3.6
acres of wetland buffer (Forested: 3.3 acres and Non-forested: 0.3 acre).
Phase II: The Bank Sponsor
proposes to establish approximately 28.1 acres of wetlands (Forested: 9.3 acres
and Non-forested: 18.8 acres) and rehabilitate approximately 0.4 acre of
non-forested wetlands. The Bank Sponsor proposes to restore approximately 1.2
acres of non-forested wetland buffer and approximately 14.0 acre of upland
buffer. Approximately 12.3 acres of upland buffer would be preserved.
1 of 5 shows the location of the proposed mitigation bank, Figure 2 of 5 shows
the proposed service area map for the proposed mitigation bank, and Figure 3 of
5 shows the proposed layout of the proposed mitigation bank.
accordance with the Rule, performance standards and success criteria
established by application of conditional assessments and/or suitable metrics
would be outlined and implemented as requirements. Preliminary design plans of the proposed work (Figures 4
and 5 of 5) are attached to this notice. The full prospectus is
available for review upon request.
WATER QUALITY CERTIFICATION: In accordance with Nationwide Permit No. 27 [under the February
21, 2012 Federal Register, Reissuance of Nationwide Permits (77 FR 10184)], a
general Section 401 Water Quality Certification with special conditions
applies. Prior written approval is
required from the OEPA.
AND CULTURAL RESOURCES: This 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 mitigation bank project. The
Bank Sponsor has indicated no earthwork is proposed in conjunction with the
establishment of Phase I, and earthwork would be limited to the minimum amount
necessary for the establishment of Phase II. Based on the information provided,
the Corps has determined the proposed project would have no adverse effect on
properties listed on or eligible for listing on the NRHP.
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 project on historic
properties, please provide this information to our office prior to the close of
the comment period.
& 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). Four (4) federally-listed
endangered species (the Indiana bat (Myotis
sodalis), clubshell mussel (Pleurobema
clava), northern riffleshell mussel (Epioblasma
torulosa rangiana), and rayed bean mussel (Villosa fabalis)) and one (1) federally-listed threatened species (
the northern long-eared bat (Myotis
septentrionalis)) may occur within the proposed project area. The proposed
projects would involve wetland establishment, restoration and preservation work
within forested areas, riparian corridors, and agricultural areas. The proposed
activities would be expected to result in wetland and riparian corridor
improvements. Based on the nature of the
project, this office has determined the proposed projects may affect (in a
positive aspect), but would not likely adversely affect the Indiana bat, the
clubshell mussel, the northern riffleshell mussel, the rayed bean mussel, or the
northern long-eared bat.
Notice serves as a request to the USFWS 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).
INTEREST REVIEW AND COMMENT: Any person who has an interest that may be
adversely affected by the approval of this mitigation bank may request a public
hearing. The request must be submitted
in writing to the District Engineer on or before the expiration date of this
notice and must clearly set forth the interest which may be adversely affected
and the manner in which the interest may be adversely affected by the activities. 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 decision whether to approve the mitigation bank will be based on an
evaluation of the probable impact, including cumulative impacts, of the
proposed activities 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 proposals must be
balanced against their reasonably foreseeable detriments. All factors that may be relevant to the
proposals 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 actions. In addition, the evaluation of the impact of
the activities 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.
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.
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 the proposed mitigation bank. 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 comments received will be considered by
the Corps to determine whether to approve, modify, condition or deny these
proposals. 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
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:
States Army Corps of Engineers
CELRH-RD-E (Public Notice No. LRH-2014-150-SCR)
West Virginia 25701-2070.
note names and addresses of those who submit comments 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. If you have any
questions concerning this public notice, please contact Mr. Cory Wilson at the above address, by
telephone at (330) 365-4271, or by email at email@example.com.