Regulatory Branch

P-3127

Published June 27, 2019
Expiration date: 7/27/2019

Mitigation Banks are one of a number of practicable options available to applicants to compensate for unavoidable impacts to waters of the United States that are associated with permits issued under the authority of Sections 404 and 401 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.  The accompanying E.T. Simonds Wetland Mitigation Bank prospectus outlines the circumstances and manner in which this Mitigation Bank will provide a compensatory mitigation option to permit applicants under the Corps permit program.  The use of the Mitigation Bank to compensate for unavoidable impacts to aquatic resources is a decision of the Corps of Engineers and there is no guarantee that any particular individual or general permit will be granted authorization because of proposed use of this Mitigation Bank.   

E.T. Simonds Construction Company (bank sponsor) proposes to establish a wetland mitigation bank.  The primary objective of the proposed mitigation bank is to restore, create, enhance and permanently protect forested and emergent wetlands, open water aquatic habitats, and to create upland buffer habitat. The mitigation bank would be constructed within two sites. Site One (North Phase) as proposed is 148.7 acres in size and will be developed along the Big Muddy River. Based on the preliminary plans 23.7 acres will consist of emergent and forested wetland creation, 35.4 acres of forested wetland enhancement, 52.6 acres of preserved forested riparian habitat/wetlands and open water habitat, and 34.4 acres of upland buffer creation. 2.7 acres of power line easement would be excluded from the Site One project area. Site Two (South Phase) as proposed is 88.3 acres in size and will be developed along Little Crab Orchard Creek, a secondary tributary of the Big Muddy River. Site Two would consist of 10.9 acres of emergent and forested wetland creation, 27.0 acres of forested wetland enhancement, 48.6 acres of preserved forested riparian habitat/wetlands and open water habitat, and 1.3 acres of upland buffer creation. 0.5 acres of access road easement would be excluded from the Site Two project area. If approved, the creation, restoration, enhancement and preservation activities will be performed generating credits from the environmental improvements and will be available for sale on an incremental basis as long as the mitigation bank meets its anticipated goals set forth in the banking document. Credits from the project are not available for sale until documentation is provided by the bank sponsor that environmental restoration will proceed and written approval is granted by the Corps in consultation with the Mitigation Bank Review Team (MBRT). The mitigation bank sponsor is developing the mitigation bank with the intent to sell the mitigation credits to recipients of Section 404 Permits who are required to compensate for unavoidable and adverse environmental impacts to waters of the United States. Specifically, the waters of the United States that will be compensated at the proposed bank include wetlands with emergent, scrub shrub and forested classifications. Upon request, a copy of the Mitigation Banking Prospectus is available for review in our office.

The proposed bank will include two sites. Site One is comprised of 148.7 acres and is located along the Big Muddy River approximately 1.5 miles south of DeSoto, Illinois, Sections 28, 29, and 32, Township 08 South, Range 01 West of the 3rd Principal Meridian, Jackson County, IL. Site Two is comprised of 88.3 acres and is located northwest of Carbondale, Illinois, Section 8, Township 09 South, Range 01 West of the 3rd Principal Meridian, Jackson County, IL.

Written comments must be submitted by replying by electronic mail, or written mail to the addresses shown in the public notice. The Public Notice comment period opens on June 28, 2019 and closes on July 27, 2019.