Public Notice. US Army Corps of Engineers Fort Worth District. Applicant: Mill Branch Stream Mitigation Bank. Permit Application No.

Size: px
Start display at page:

Download "Public Notice. US Army Corps of Engineers Fort Worth District. Applicant: Mill Branch Stream Mitigation Bank. Permit Application No."

Transcription

1 Public Notice US Army Corps of Engineers Fort Worth District Applicant: Mill Branch Stream Mitigation Bank Permit Application No.: Date: November 10, 2010 The purpose of this public notice is to inform you of a proposal for work in which you might be interested. It is also to solicit your comments and information to better enable us to make a reasonable decision on factors affecting the public interest. We hope you will participate in this process. Regulatory Program Section 10 Section 404 Contact Since its early history, the U.S. Army Corps of Engineers has played an important role in the development of the nation's water resources. Originally, this involved construction of harbor fortifications and coastal defenses. Later duties included the improvement of waterways to provide avenues of commerce. An important part of our mission today is the protection of the nation's waterways through the administration of the U.S. Army Corps of Engineers Regulatory Program. The U.S. Army Corps of Engineers is directed by Congress under Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) to regulate all work or structures in or affecting the course, condition or capacity of navigable waters of the United States. The intent of this law is to protect the navigable capacity of waters important to interstate commerce. The U.S. Army Corps of Engineers is directed by Congress under Section 404 of the Clean Water Act (33 USC 1344) to regulate the discharge of dredged and fill material into all waters of the United States, including wetlands. The intent of the law is to protect the nation's waters from the indiscriminate discharge of material capable of causing pollution and to restore and maintain their chemical, physical and biological integrity. Name: Mr. Mike Happold Phone Number: (817)

2 PUBLIC NOTICE U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT SUBJECT: This public notice is being issued to provide interested parties an opportunity to comment on a proposal to create the Mill Branch Mitigation Bank (MBMB), a stream mitigation bank located in Denton County, Texas. APPLICANT: RiverBank Ecosystems, Inc. J. Adam Riggsbee P.O. Box Austin, TX APPLICATION NUMBER: DATE ISSUED: November 10, 2010 LOCATION: MBMB is located approximately 17 miles northwest of Denton, Texas (Figure 1), within the Upper Trinity River basin (Figure 2). The project includes the headwaters of Mill Branch and Cannon Creek, which drain to Clear Creek and ultimately the Elm Fork of the Trinity River. MBMB is located within USGS 7.5-minute quadrangles, Era and Era SE. PROJECT DESCRIPTION: RiverBank Ecosystems (RiverBank) is proposing the restoration of approximately 30,335 linear feet of intermittent and ephemeral streams to create MBMB. The restoration would involve cattle exclusion, the removal of earthen dams, the restoration of stable channel forms, and the re-vegetation of riparian areas. Credits produced at MBMB would be used to offset permitted impacts to ephemeral and intermittent streams within the proposed service area (Figure 3). The bank sponsor is proposing primary, secondary and tertiary service areas for MBMB (Figure 3). The primary service area consists of the project s native 8-digit Hydrologic Unit Code (HUC; ), which includes parts of Collin, Cooke, Denton, Grayson and Montague counties. The proposed secondary service area consists of the project s native Level III Ecoregion, the Cross Timbers, contained within all adjoining HUCs. The secondary service area includes portions of Denton, Johnson, Montague, Parker, Tarrant and Wise counties. The proposed tertiary service area consists of the project s adjacent Level III Ecoregion, the Texas Blackland Prairies, contained within all adjoining HUCs. This portion of the service area includes portions of Collin, Dallas, Ellis, Grayson, Johnson, Kaufman, Navarro, Rockwall, and Tarrant counties. All of the proposed service areas are contained within the Upper Trinity basin (6-digit HUC ). The site is currently used for cow-calf operations, producing approximately 85 calves annually and supporting 90 cows and 4 bulls. Livestock have direct, unlimited access to the site s channels, and as a result the streambanks are actively eroding. In addition, baseline microbiological and chemical sampling (see Figure 4) suggests Mill Branch s water quality has been substantially compromised because of grazing activities. Specifically, bacterial

3 concentrations were greater than EPA laboratory reporting limits for total coliform, fecal coliform and E. coli. Total phosphorus concentrations were also elevated (0.92 mg/l), indicating the stream is hyper-eutrophic. The project s streams are actively degrading (channel incision), as evidenced by a series of headcuts within the main stems of Mill Branch and Cannon Creek. The process of incision has created steep banks, which are failing throughout the project area. Mill Branch bank widths range from 20-feet to 70-feet. The final consequence of incision and widening is the gradual straightening of the site s channels (sinuosity is 1.0 to 1.1; adjacent undisturbed channels exhibit sinuosity values ranging from 1.4 to 1.8; see Figure 5). Therefore, the current site condition is considered unstable and highly disturbed. The proposed restoration plan includes the reconstruction of stable channel geometry (crosssectional width and depth) as well as slope and sinuosity to re-establish natural riffle-pool streams capable of appropriately conveying water and sediment supplied by the project s watersheds (Figure 4). In addition, cattle would be permanently excluded from the project s channels and riparian areas. Riparian re-vegetation would consist of species native to the Texas Grand Prairie; invasive species would be actively removed and managed from all restored riparian areas. The conservation area of MBMB (protected by way of conservation easements) would permanently protect approximately 50-feet of land on both sides of the project s channels, totaling + 76 acres (Figure 6). A mitigation banking instrument (MBI) has been developed in accordance with Compensatory Mitigation for Losses of Aquatic Resources (Federal Register, April 10, 2008, Vol.73, No. 70, pp ). The MBI details the legal and physical characteristics of the bank and how the bank would be established and operated. Subjects addressed in detail in the MBI would include development of the site, service area, credit determination, financial assurances, scope of agreement, purpose and goals of the bank, baseline conditions, performance standards, accounting procedures, monitoring and reporting, long-term maintenance and protection, and transfer of bank ownership or sponsorship. The USACE, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Texas Commission on Environmental Quality, Railroad Commission of Texas, and Texas Parks and Wildlife Department, who comprise the Interagency Review Team (IRT), would be involved in developing the MBI and may be signatories to the final document. Implementation of the proposed mitigation work would require Department of the Army Authorization under Section 404 of the Clean Water Act. Based on preliminary evaluation by the USACE, it appears the proposed bank may be authorized by Nationwide Permit 27 for Aquatic Habitat Restoration, Establishment, and Enhancement Activities. ENDANGERED AND THREATENED SPECIES: U.S. Fish and Wildlife records concerning endangered and threatened species in MBMB s area have been reviewed. Two species are listed as endangered, the Red Wolf (Canis rufus) and the Whooping Crane (Grus americana). Since the proposed project will be conducted within an over-grazed pasture that does not afford suitable habitat for either the Red Wolf or the Whooping Crane, the proposed restoration activities are unlikely to affect these particular species. Critical biological conclusions for these

4 species will be coordinated with the U.S. Fish and Wildlife Service during the environmental screening process. NATIONAL REGISTER OF HISTORIC PLACES: The project area was surveyed for significant cultural resources on September 21, 2010 in compliance with Section 106 of the National Historic Preservation Act of A draft report summarizing the survey s results has been submitted to the USACE. The draft report concludes that MBMB will have no impact on significant cultural resources and that no further investigation is required. RiverBank is currently awaiting a response from the USACE regarding the draft report s conclusions. FLOODPLAIN MANAGEMENT: The USACE is sending a copy of this public notice to the local floodplain administrator. In accordance with 44 CFR Part 60 (Floodplain Management Regulations Criteria for Land Management and Use), the floodplain administrators of participating communities are required to review all proposed development to determine if a floodplain development permit is required and maintain records of such review. SOLICITATION OF COMMENTS: The public notice is being distributed to all known interested persons in order to allow the public an opportunity to comment on the bank proposal and to assist the USACE and other members of the IRT in developing the final mitigation banking instrument (MBI). For accuracy and completeness of the record, all data in support of or in opposition to the proposed work should be submitted in writing setting forth sufficient detail to furnish clear understanding of the reasons for support or opposition. PUBLIC HEARING: Prior to the close of the comment period any person may make a written request for a public hearing setting forth the particular reasons for the request. The District Engineer will determine whether the issues raised are substantial and should be considered in his permit decision. If a public hearing is warranted, all known interested persons will be notified of the time, date and location. CLOSE OF COMMENT PERIOD: All comments pertaining to this Public Notice must reach this office on or before December 10, 2010, which is the close of the comment period. Extensions of the comment period may be granted for valid reasons provided a written request is received by the limiting date. If no comments are received by that date, it will be considered that there are no objections. Comments and requests for additional information should be submitted to Mr. Mike Happold; Regulatory Branch, CEWWF-PER-R; U.S. Army Corps of Engineers; Post Office Box 17300; Fort Worth, Texas You may visit the Regulatory Branch in Room 3A37 of the Federal Building at 819 Taylor Street in Fort Worth between 8:00 A.M. and 3:30 P.M., Monday through Friday. Telephone inquiries should be directed to (817) Please note that names and addresses of those who submitted comments in response to this public notice may be made publicly available. DISTRICT ENGINEER FORT WORTH DISTRICT CORPS OF ENGINEERS

5 Figure 1 of 6 11/10/2010

6 Figure 2 of 6 11/10/2010

7 Figure 3 of 6 11/10/2010

8 Figure 4 of 6 11/10/2010

9 Figure 5 of 6 11/10/2010

10 Figure 6 of 6 11/10/2010