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Permittee Responsible Mitigation

For impacts to jurisdictional wetlands and streams, the US Army Corps of Engineers includes permittee responsible mitigation among the options to mitigate for unavoidable impacts to these aquatic resources. Under the Federal Compensatory Mitigation Rule permittee responsible mitigation means "an aquatic resource restoration, establishment, enhancement, and/or preservation activity undertaken by the permittee (or an authorized agent or contractor) to provide compensatory mitigation for which the permittee retains full responsibility" (33 CFR §332.2).

For impacts to isolated wetlands and ephemeral streams, the Ohio Environmental Protection Agency includes permittee responsible mitigation/off-site mitigation within its level 1-level 2-level 3 mitigation hierarchies to mitigate for unavoidable impacts to isolated aquatic resources. For impacts under a level 3 review, the first mitigation preference is for "reasonably identifiable, available, and practicable mitigation within the same watershed." (ORC §§ 6111.022-6111.024; Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams June 25, 2020).

The North Coast Regional Council of Park Districts (NCRCPD or North Coast) has identified projects suitable for permittee responsible mitigation in Wood, Sandusky, Erie, Lorain and Medina Counties. Restoration would be conducted by North Coast pursuant to a contract with the permit applicant. A brief description of the projects follows:

1. 700 linear feet of intermittent stream restoration in the Portage River watershed (HUC #04100010) in Sandusky County on property owned and managed by Sandusky County Park District. Under the ratio method for determining stream credits, the stream restoration project could generate up to 1,225 stream credits.

2. 960 linear feet of intermittent stream restoration in the Black/Rocky River watershed (HUC #04110001) in Lorain County on property owned and managed by Lorain County Metropolitan Park District. Under the ratio method for determining stream credits, the stream restoration project could generate up to 1,920 stream credits.

3. Up to 300 linear feet of ephemeral stream restoration in the Tuscarawas River watershed (HUC #05040001) in Medina County on property owned and managed by Medina County Park District. Under the ratio method for determining stream credits, the stream restoration project could generate up to 450 stream credits.

4. 28 acres of category 3 wetland preservation with 9.5 acres of upland forest preservation in the Black/Rocky River watershed (HUC #04110001) in Lorain County within the City limits of Oberlin, Ohio on property owned and managed by Lorain County Metropolitan Park District. The preservation project is expected to generate up to 6.5 credits.

5. Approximately 11 acres of wetland restoration, suitable for nonforested or forested restoration in the Black/Rocky River watershed (HUC #04110001) in Lorain County within the City limits of Avon, Ohio on property owned and managed by Lorain County Metropolitan Park District. A contiguous portion of this parcel is expected to generate approximately 5 acres of nonforested restoration.

6. Approximately 44 acres of forested wetland rehabilitation in the Black/Rocky River watershed (HUC #04110001) in Lorain County within the limits of Sheffield Village, Ohio on property owned and managed by Lorain County Metropolitan Park District. The rehabilitation project is expected to generate up to 19.9 credits, with potential of an additional up to 3 establishment credits.

7. Approximately 20 acres of wetland restoration (forested or nonforested/wet prairie) in the Portage River watershed (HUC #04100010) in Montgomery Township, Wood County on property owned and managed by Wood County Park District. The restoration project is proximate (within 3.5 miles) to the Sandusky River watershed (HUC #04100011) and may also be suitable mitigation for impacts within the Sandusky River watershed.

8. Up to 17.4 acres of wetland enhancement contiguous to East Sandusky Bay in the Sandusky River watershed (HUC #04100011) in Huron Township, Erie County on property owned and managed by Erie MetroParks. Wetland enhancement will involve chemical and/or mechanical management and treatment of Phragmites australis subs. australis, Typha angustifolia, Phalaris arundinacea and Lythrum salicaria. Following treatment, areas will be reseeded and or planted with native herbaceous and woody Palustrine species. The enhancement project is expected to generate up to 6 credits.

9. Approximately 30 acres of forested and nonforested/wet prairie wetland restoration in the Tuscarawas River watershed (HUC #05040001) adjacent to Chippewa Lake in Lafayette Township in Medina County on property owned and managed by Medina County Park District. Because of this property’s topography, this project could readily be divided into a separate 10-acre restoration and a separate 20-acre restoration.

Permittee Responsible Mitigation

Permittee Responsible Mitigation

Permittee Responsible Mitigation

Permittee Responsible Mitigation

Permittee Responsible Mitigation