KANSAS CITY, Mo.— The Kansas City District of the U.S. Army Corps of Engineers has initiated a 30-day public comment period regarding a revised proposal from Habitat Kansas, LLC, to establish the Crimson Ridge Wetland and Stream Mitigation Bank.
If the proposed mitigation bank is approved by the Corps of Engineers, Habitat Kansas would restore, enhance, or establish wetland, stream, and upland habitat on approximately 38 acres of undeveloped land they own within the Crimson Ridge residential development located north of 47th Street near the intersection with Anderson Street in Shawnee, Kansas. The Corps of Engineers would assign mitigation credits based on the aquatic benefits these habitat improvements would provide, and Habitat Kansas could then sell these credits as compensatory mitigation.
An Interagency Review Team comprised of the Corps of Engineers and representatives from several state and federal natural resource agencies first met with Habitat Kansas at the proposed site to review a preliminary proposal in 2012, and provided comments to the sponsor for the development of the initial mitigation bank proposal. The Corps issued a public notice describing this initial mitigation bank proposal on June 25, 2012. This initial mitigation bank proposal generated many public comments and identified a number of local conflicts and disagreements. The sponsor entered into discussions with the City of Shawnee and Crimson Ridge homeowners and later withdrew the mitigation bank proposal from Corps review in order to make revisions.
Each U.S. Army Corps of Engineers district establishes an IRT to review and manage proposed mitigation banks or in-lieu fee programs in their district. The team may consist of the Corps of Engineers and representatives from the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, the Natural Resources Conservation Service, and other federal agencies, as well as representatives from tribal, state, and local regulatory and resource agencies. The Corps makes the final decision on whether or not to approve a proposed mitigation bank or in-lieu fee program.
Each year thousands of property owners undertake projects that affect the nation’s aquatic resources, such as wetlands and streams. Before property owners may proceed, a permit from the Corps of Engineers is often required to satisfy the requirements of the Clean Water Act or the Rivers and Harbors Act of 1899. Through its regulatory program, the Corps of Engineers ensures that any environmental impact on aquatic resources from these projects is avoided and minimized as much as possible. In some cases, the Corps may require compensatory mitigation to offset the losses of aquatic resources. Nationwide, the Corps authorizes approximately 100,000 projects per year.
Compensatory mitigation is the restoration, establishment, enhancement, or preservation of aquatic resources for the purpose of offsetting losses of aquatic resources resulting from activities authorized by Corps of Engineers permits. Nationwide, the Corps annually authorizes an average of 22,000 acres of wetland impacts and requires 49,000 acres of compensatory mitigation to offset these impacts.
There are three ways compensatory mitigation can be provided: mitigation banks, in-lieu fee programs, and permittee-responsible mitigation. Mitigation banks and in-lieu fee programs are generally the preferred options for compensatory mitigation because they consolidate resources and involve more financial planning and scientific expertise. These factors help reduce the risk of failure of mitigation projects.
There are currently only two mitigation banks and one in-lieu fee program approved to serve the area that the proposed mitigation bank would serve, and one of those banks is almost sold out. Additional mitigation banks are needed to ensure that high quality mitigation continues to be available.
The revised mitigation bank proposal, called a Prospectus, may be viewed or downloaded at www.nwk.usace.army.mil/regulatory/CurrentPN/2011-1671Prospectus.pdf. Please review the revised mitigation bank proposal and provide comments to: U.S. Army Corps of Engineers, Kansas City District, ATTN: OD-R (2011-1671), Suite 402, 601 East 12th Street, Kansas City, MO 64106-2824.
For additional information, please contact the Public Affairs Office at 816-389-3486.
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