Army Corps of Engineers
New England District
The District Engineer has received a prospectus for an umbrella mitigation bank from the Maine Department of Transportation to develop an umbrella mitigation banking instrument. The Corps is soliciting comments on the prospectus.
SPONSOR: Maine Department of Transportation (MaineDOT), State House Station 16, Augusta, ME 04333-0016
Public Meeting: June 19, 2008 3pm, MDOT headquarters, 24 Child Street, Augusta, Maine.
MaineDOT proposes to establish an umbrella mitigation bank with the entire State of Maine as a service area. If the prospectus is deemed sufficient, the bank will be established through the development of an umbrella mitigation banking instrument to be signed by the sponsor, the Corps, and other agencies which choose to do so, which will cover the entire State of Maine. The process will follow 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (“Mitigation Rule”). The Mitigation Rule was published in the Federal Register on April 10, 2008.
The purpose of the umbrella bank will be to provide a framework within which future restoration, creation, enhancement, and/or preservation projects will be made available as potential mitigation for transportation projects affecting waterways and wetlands. The umbrella bank and its specific projects could provide an alternative to permittee-responsible and In-lieu fee aquatic resource mitigation for unavoidable impacts authorized under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The “umbrella” format allows consolidation of reporting and tracking of specific projects to be proposed in the future. The entire prospectus, entitled “Maine Department of Transportation Umbrella Wetland Mitigation Bank Prospectus,” is attached to this Public Notice.
The decision whether to authorize the sponsor to proceed to the next step of developing a draft banking instrument will be based on the District Engineer’s determination of the potential of the proposed bank to provide compensatory mitigation for activities authorized by Department of the Army permits. In the case of this umbrella bank proposal, the determination must be that the objectives of the bank have merit, the structure of the bank as proposed is appropriate, the proposed service area is acceptable, there is need for a mitigation bank, the proposed ownership and long-term management concepts are acceptable, and the sponsor’s qualifications are adequate. Since there are no specific sites proposed yet because the umbrella concept has not yet been approved, the ecological suitability and long term sustainability of sites will only be addressed in subsequent project submittals after the sponsor has been notified if and when a draft banking instrument can be developed.
The Corps of Engineers 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 impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to allow the sponsor to proceed to develop a draft banking instrument. Comments are also used to determine the need for a public hearing.
As this prospectus is procedural and no work in aquatic resources is proposed, the District Engineer has determined that there is no likelihood for the proposed prospectus to impinge upon properties with cultural or Native American significance, or listed in, or eligible for listing in, the National Register of Historic Places. Therefore, no further consideration of the requirements of Section 106 of the National Historic Preservation Act of 1966, as amended, is necessary.
In order to properly evaluate the proposal, we are seeking public comment. Anyone wishing to comment is encouraged to do so. Comments should be submitted in writing by July 3, 2008. If you have any questions, please contact Ruth M. Ladd at (978) 318-8818, (800) 343-4789 or (800) 362-4367, if calling from within Massachusetts.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for a public hearing shall specifically state the reasons for holding a public hearing. The Corps holds public hearings for the purpose of obtaining public comments when that is the best means for understanding a wide variety of concerns from a diverse segment of the public.
The Corps, in cooperation with MaineDOT, is holding a public meeting to provide information on the federal Mitigation Rule as it pertains to mitigation banking and on this specific proposal and to entertain questions and hear comments on the proposal. It is scheduled for June 19, 2008 at 3:00 PM in the Main Conference Room at the Maine Department of Transportation headquarters located at 24 Child Street, Augusta, Maine. This will be less formal than a public hearing.
The initial determinations made herein will be reviewed in light of facts submitted in response to this notice.
All comments will be considered a matter of public record. Copies of letters of objection will be forwarded to the applicant who will normally be requested to contact objectors directly in an effort to reach an understanding.
For more information on the New England District Corps of Engineers programs, visit our website at http://www.nae.usace.army.mil.
THIS NOTICE IS NOT AN AUTHORIZATION TO DO ANY WORK.
CHRISTINE A. GODFREY Chief, Regulatory Division
If you would prefer not to continue receiving Public Notices, please contact Ms. Tina Chaisson at (978) 318-8058 or e-mail her at bettina.m.chaisson@usace.army.mil. You may also check here ( ) and return this portion of the Public Notice to: Bettina Chaisson, Regulatory Division, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742-2751.
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Read Maine DOT's May 14, 2008 Umbrella Wetland Mitigation Bank Prospectus
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