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, Erie and Lorain Counties. Restoration would be conducted by North Coast pursuant to a contract with the permit applicant. A brief description of the projects follows:

1. 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.

2. Approximately 44 acres of forested wetland enhancement 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 enhancement project is expected to generate up to 15.5 credits.

3. 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.

4. 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.