This notice announces a proposal to develop a mitigation bank, submitted in accordance with the “Compensatory Mitigation for Losses of Aquatic Resources” (Mitigation Rule)(CFR Vol. 73 No. 70, p 19670-19705 (33 U.S.C. 401 et seq.; 33 U.S.C. 1344; and Pub. L. 108-136), as published in the federal register on April 10, 2008:
Paludis Farms, LLC
1709 Terry Road
Scottsburg. Indiana 47170
Little River Consultants, LLC
9675 South CR 100 East
Clayton, Indiana 46118
LOCATION: Flat Creek, unnamed tributary of Flat Creek and adjacent wetlands of unnamed tributary, located at the northwest quadrant of Marshfield Road and Terry Road, approximately 3 miles northeast of Scottsburg, in Scott County, Indiana. Latitude: 38.717159°N; Longitude: -85.743162°W
PURPOSE: To develop a mitigation banking instrument that would operate within the State of Indiana, providing wetland mitigation credits.
DESCRIPTION OF WORK: The sponsor is proposing to establish a stream and wetland mitigation bank, Marshfield Mitigation Bank, on a 20-acre site located along Flat Creek, a tributary of Stucker Ditch of the Muscatatuck River. The sponsor proposes to establish 5.21 acres of palustrine emergent (PEM) wetlands and 9.94 acres of palustrine forested (PFO) wetlands on ground currently in agricultural production. Soils on the site are predominately Stendal silt loam, which is non-hydric and somewhat poorly drained soils and Bonnie silt loam, which is hydric and poorly drained. Hydrology would be established by plugging sub-surface tile drainage and excavation to an elevation of 544 feet to create a depressional area to retain runoff and floodwater and intercept groundwater.
The applicant is proposing preservation of 1.12 acres of existing wetlands (0.31 acre of emergent PEM and 0.81 acre of forested PFO wetlands) that are adjacent to the unnamed tributary to Flat Creek in perpetuity.
Furthermore, the applicant is proposing enhancement of upland forested riparian buffers along Flat Creek and the unnamed tributary of Flat Creek. Approximately 1,232 linear feet of Flat Creek would be enhanced by increasing the existing 10-15 feet riparian zone to a 50-foot riparian buffer from the top of the bank along both sides of the stream. The unnamed tributary of Flat Creek is proposed to have a 50-foot riparian buffer planted along 1,367 linear feet on the east bank of the stream. There is an existing riparian buffer along the west bank.
The sponsor proposes that credits for the wetland establishment be completed at a 1:1 ratio. The upland forested riparian buffer enhancement is proposed to generate 0.22:1 credit ratio for enhancement along both banks and 0.11:1 credit ratio for enhancement along one bank. The wetland preservation area is requested to generate credits at a 0.1:1 ratio. In all, once the bank has been deemed successful, the sponsor proposes that 421 stream buffer credits, 5.24 emergent wetland credits and 10.02 forested wetland credits would be generated. These credits are proposed to be commercialable available to the general public to provide compensatory mitigation for impacts authorized by other Department of the Army permits.
The sponsor proposes that the Marshfield Mitigation Bank provides available compensatory mitigation for projects located in the Whitewater-East Fork Service Area, which is composed of all or portions of the Driftwood, Flatrock, Upper East Fork White, Muscatatuck, Upper Great Miami, Whitewater and Lower Great Miami 8-digit Hydrologic Unit Codes.
Paludis Farms, LLC, would provide long term managment for the site consistent with the proposed restoration and preservation proposal. The sites would be protected in perpetuity by a deed restriction recorded with the property deed.
The applicant has proposed that the project would be monitored for a period of 5 years to evaluate the proposed project objectives, success criteria, and performance standards to ensure the long term sustainability of the proposed project.
REVIEW PROCEDURES: A DA Permit cannot be issued if any legally required Federal, State, or local authorization or certification is denied.
A DA Permit, if otherwise warranted, will not be issued on this project until a State of Indiana Section 401 Water Quality Certification (WQC) from the Indiana Department of Environmental Management (IDEM) is on file in this office or it is considered waived. This Public Notice serves as the notice for a Clean Water Act Section 401 application for water quality certification from the IDEM. The IDEM will review this proposal for compliance with the applicable provisions of Section 301, 302, 303, 306 and 307 of the CWA, including the state water quality standards currently set forth at 327 IAC 2. They will consider comments regarding this proposal postmarked by the closing date of this notice. Comments to IDEM should be addressed to: IDEM, Office of Water Quality, Section 401 WQC Program, 100 N. Senate Avenue Room N1255, Indianapolis, Indiana 46204. The applicant is responsible for obtaining the certification from IDEM.
Copies of this notice are sent to the appropriate Federal and State Fish and Wildlife Agencies. Their views and comments are solicited in accordance with the Fish and Wildlife Coordination Act of 1956. Based on information by the applicant, and a review of the Information for Planning and Consultation (IPAC) website, https://ecos.fws.gov/ipac/, the following federally-listed species are known to or believed to occur in the area to be affected (directly or indirectly) by the proposed action.
Common Name Scientific Name
Indiana Bat Myotis sodalis
Northern Long-eared Bat Myotis septentrionalis
The Endangered Species Act (ESA, 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7(a) 2 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered, or any designated critical habitat. A copy of this notice is being furnished to the USFWS for their review. Per this notification, we request comments from the USFWS concerning potential impact to threatened and/or endangered species. After receipt of comments, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and initiate consultation with USFWS, if required.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. A request for a public hearing must state the specific interest which might be damaged by issuance of the DA Permit.
The National Register of Historic Places has been examined, and it has been determined that there are no properties currently listed on the Register which would be directly affected by the proposed work. If we are made aware, as a result of comments received in response to this notice, or by other means, of specific archaeological, scientific, pre historical, or historical sites or structures which might be affected by the proposed work, the District Engineer will immediately take the appropriate action necessary pursuant to the National Historic Preservation Act of 1966 - Public Law 89-665 as amended (including Public Law 96-515).
The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered; among those are conservation, economics, aesthetic values, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply, water quality, energy needs, safety, food production, and in general, the needs and welfare of the public. In addition, the evaluation of the impact of the activity on the public interest will include application of the guidelines (40 CFR Part 230) promulgated by the Administrator, United States Environmental Protection Agency, under authority of Section 404(b) of the CWA.
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 issue, modify, condition or deny a permit for 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 received in this office on or before the closing date will become a part of the official record and will be considered in the determination on this permit request. Any objections which are received during this period will be forwarded to the sponsor for possible resolution before the determination is made whether to issue or deny the requested DA Permit. A permit will be granted unless its issuance is found to be contrary to the public interest.
Information pertaining to this application is available for public examination during normal business hours upon prior request. This public notice and drawings are available for viewing by clicking on the "LRL-2019-454 Public Notice" link located below in the left hand corner of this page . All comments regarding this proposal should be addressed to Mr. Todd Hagman, CELRL-RDE at the address noted above and should refer to the Public Notice Number LRL-2019-454-teh.
If you desire to submit your comments by email, you must comply with the following:
a) In the subject line of your email, type in ONLY the Public Notice ID No. LRL-2019-454-teh.
b) Provide your physical mailing address and telephone number.
c) Send your email to: firstname.lastname@example.org.
d) If you are sending attachments greater than 1 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.