Official websites use .mil
Secure .mil websites use HTTPS
APPLICANT: Country Gal, LLC
5820 Medinah Drive
Newburgh, Indiana 47630
LOCATION: Unnamed tributary streams and associated wetlands of Mitchem Ditch, a tributary to Cypress Creek, located West of Roslin Road, north of Oak Grove Road, near Friedman Park, Newburgh, Warrick County, Indiana
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 wetland and stream mitigation bank, Sage Wind Mitigation Bank, on a 45.38 acre site. The sponsor proposes to restore 30.91 acres of palustrine forested (PFO) wetlands on ground currently in agricultural production. The acreage would be taken out of agricultural production and planted primarily with native hard mast tree species. Soils on the site are predominately Zipp. The soils show characteristics that would be conducive to wetland restoration once agricultural operations are terminated and hydrology is restored. Hydrology is proposed to be restored by removing a network of ditches, removing tiling, and restoring appropriately sized streams onsite.
The sponsor is also proposing to enhance 0.60 acres of a shallow palustrine emergent wetland by removing invasive species and enhancing the existing seed bank with native forbs and graminoids.
Stream restoration work will involve the establishment of 1,518 linear feet of intermittent streams. The enhancement of an additional 1,213 linear feet of intermittent streams would be accomplished by restoring 100-foot forested buffers encompassing a total area of 6.4 acres to increase in-stream water quality and reduce erosion. Existing invasive plant species would be eradicated from the buffer area.
Finally, the sponsor is proposing to re-establish 6.01 acres of wetland buffer by providing vegetated wetland protection and habitat for pollinators and wildlife.
The sponsor proposes that credits for the wetland re-establishment work be completed at a 1:1 ratio. The wetland and buffer enhancement are proposed to generate 0.5:1 credit. For streams, the sponsor proposes that the stream re-establishment work generate credits at a 1:1 ratio, while the stream enhancement activities would generate credits at a 0.5:1 ratio. In all, once the bank has been deemed successful, the sponsor proposes that 34.21 wetland mitigation credits and 2,124 intermittent stream credits be generated for sale. These credits are proposed to be available to the general public to provide compensatory mitigation for impacts authorized by other Department of the Army permits.
The sponsor proposes that the Sage Wind Mitigation Bank provides available compensatory mitigation for projects located in the following 8-digit Hydrologic Unit Codes:
The sponsor would provide long term management for the site consistent with the proposed re-establishment and preservation proposal. The site would be protected in perpetuity by conservation easement being recorded with the property deed.
The project would be monitored for a period of 10 years to assure that the project meets the proposed objectives, success criteria, and performance standards agreed on to assure 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. In order to comply with Section 401 of the Clean Water Act, the applicant must apply for State certification from IDEM. IDEM can be contacted at the following address: 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 available information, the proposed activity will not destroy or endanger any Federally-listed threatened or endangered species or their critical habitats, as identified under the Endangered Species Act, and therefore, initiation of formal consultation procedures with the U.S. Fish and Wildlife Service is not planned at this time.
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.
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. It is presumed that all interested parties and agencies will wish to respond; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project. 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 applicant 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. Drawings are available on Louisville District's Internet site at https://www.lrl.usace.army.mil/Missions/Regulatory/Public-Notices/. All comments regarding this proposal should be addressed to George DeLancey, CELRL-RDE at the address noted above and should refer to the Public Notice Number No. LRL-2020-00753-GJD.
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-2020-00753-GJD.
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 10 Mb in size with your email, you must send a hard copy (CD or paper) to the Corps’ physical address as well.