OWF News
USACE Revises and Renews Nationwide Permits
February 17, 2012
On February 15, the U.S. Army Corps of Engineers (USACE) announced revised and renewed nationwide permits (NWPs) necessary for work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The permits are necessary to replace existing permits,which expire on March 18, 2012. The new NWPs will take effect March 19, 2012. Click here to read more.
It is important to note, however that there is a grandfather provision currently in place for expiring NWPs. In accordance with 33 CFR part 330.6(b), activities authorized by the current NWPs issued on March 12, 2007, that have commenced or are under contract to commence by March 18, 2012, will have until March 18, 2013, to complete the activity under the terms and conditions of the current NWPs. For further information about this provision, contact Vince Messerly.
Senate Bill 294 Provides Options for Mitigation
February 17, 2012
On February 9, Ohio Senator Tim Schaffer introduced Senate Bill 294 which addresses a number of changes to many chapters of the Ohio Revised Code. S.B. 294 allows more options for protective wetland development including creating a mechanism to allow for an In-Lieu fee program for wetland mitigation. The bill will establish a process to facilitate wetland mitigation resulting from impacts to isolated wetlands, and modify ORC 6111.0381 to ensure that it can be used for the jurisdictional wetlands as well. The bill will improve the likelihood of success of mitigation projects and remove the burden of conducting the mitigation from the applicant.
The J.M. Smucker’s Company Retains Ohio Wetlands Foundation For Mitigation Project
December 14, 2011
In March of 2010, the J.M. Smucker Company announced plans to replace the company’s existing fruit spread manufacturing facility in Orrville, Ohio with a new, state-of-the art facility. Referred to as “Project Heritage,” the company broke ground on the new Orrville facility in the fall of 2010. The new 460,000 square-foot manufacturing facility will offer the opportunity to implement the most current equipment and technologies available and help ensure the company’s long-term competitiveness. Smucker’s anticipates the facility will be fully operational in the summer of 2013.
In order to provide compensatory mitigation for impacts to the wetlands and a stream on the property being developed for the new plant, the J.M. Smucker Company retained Ohio Wetlands Foundation (OWF), on a fixed cost basis, to develop a mitigation and monitoring plan for the Little Stillwater Wetlands Mitigation site. OWF worked closely with their ecological consultant, Davey Resource Group, to develop a compensatory mitigation plan that was acceptable to regulatory agencies. The approximately 12-acre mitigation site is located in Franklin Township, Harrison County, Ohio.
Wetland mitigation will be provided for impacts to 1.439 acres of forested wetlands and 0.489 acre of non-forested wetlands; all wetlands impacted are ORAM Category 1 or 2, non-isolated wetlands. The project also provides mitigation, via additional wetlands restoration, for impacts to 120 linear feet of Class 1 ephemeral stream. OWF developed this plan to provide compensatory mitigation for unavoidable impacts to aquatic resources associated with the construction of Project Heritage. Additionally, OWF will be responsible for implementation of this plan and completing all monitoring and remedial measures necessary to meet the terms of the final 401/404 permits.
A minimum of 3.38 acres of forested wetlands and 1.16 acres of non-forested wetlands will be reestablished on the Stillwater site. This will provide the required compensatory mitigation for the impacts that will occur at the new manufacturing site.
Messerly Featured Panelist At Upcoming Seminar
November 29, 2011
Ohio Wetlands Foundation President, Vince Messerly, was a featured panelist at the December 6 Ohio Oil and Gas Association Environmental Seminar titled “Wetlands, Streams and Sensitive Habitat Areas”. The seminar was held at the University Center on the Kent State University – Stark Campus in North Canton, Ohio. The Ohio Oil and Gas Association (OOGA) is a statewide trade association with over 1,450 members who are actively involved in the exploration, development and production of crude oil and natural gas within the State of Ohio.