WATERWAY AND LOCATION: The proposed Ducks Unlimited Iowa In-Lieu Fee Program will provide a compensatory mitigation option for activities permitted by Sections 404 and 401 of the Clean Water Act, and/or Section 10 or the Rivers and Harbors Act within a subset of the U.S. Army Corps of Engineers (USACE) Rock Island District’s regulatory boundary. Where needed, the Program will provide compensatory mitigation in eight Service Areas in Iowa and propose offering both wetland (emergent and forested) and stream credits, to provide broad applicability for a range of permitting statutes while aligning with regional conservation plans. The Program will prioritize developing and implementing large, ecologically significant aquatic resource projects, emphasizing additions to protected area networks and public access where feasible.
EXISTING CONDITIONS: Once approved, the Program will solicit, identify, design, and implement projects in accordance with the Compensation Planning Framework (CPF). The CPF outlines Service Area profiles and procedures that will be used to prioritize, select, secure, plan, and implement Program projects in accordance with the 2008 Final Mitigation Rule. These profiles describe both wetland and stream conditions to guide mitigation efforts toward ecosystem health, watershed resource needs, and 2008 Final Mitigation Rule obligations. By aligning site selection with the CPF, DU will advance regional conservation objectives that have historically been financially constrained. All project locations will be screened for suitability to provide mitigation as well as potential to meet regional conservation objectives.
PROJECT PURPOSE / ILF OBJECTIVES: The fundamental objective of the proposed ILF Program is to provide a watershed-scale mitigation option that advances regional conservation goals and improves aquatic resource condition. Other objectives include improving water quality and flood attenuation capacity, improve habitat for wildlife, develop and implement successful projects that effectively replace wetland functions and services lost through permitted impacts, and produce a net gain of wetland area and quality.
PROJECT DESCRIPTION / ILF ESTABLISHMENT: Ducks Unlimited, Inc. (DU) proposes to establish the Ducks Unlimited Iowa In-Lieu Fee Program (Program) to provide a mitigation option at a watershed-scale, prioritizing implementation of ecologically significant wetland and stream projects. This Program will advance wetland conservation by linking together the goals of the conservation community, private industry, and regulatory community. Once established, the Program will allow applicants under section 404 of the CWA, and other regulatory programs, to purchase credits that offset wetland and stream impacts, transferring mitigation liability to DU the Program Sponsor. After purchase, the Program will take over the mitigation responsibilities from the permittee and work with the USACE, in consultation with the IRT, and local partners to ensure all mitigation requirements are met.
SERVICE AREA: USACE, in consultation with the IRT, will review proposed Program sites for their potential to provide compensatory mitigation credits. Approval will not be denied based on geographic distance or hydrographic incompatibility if the mitigation site is within the same Service Area as the impact. When advance credits are sold within a Service Area, the Sponsor will promptly secure land and initiate physical and biological improvements. According to 33 CFR § 332.8(n)(4), these improvements must be completed by the third full growing season after the first advance credit is sold, unless the District Engineer grants an extension. If work cannot commence within this timeframe, and in certain instances where credit sales have been insufficient to advance a project, the Sponsor will consult with the IRT for an extension or alternative action.
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