The purpose of the proposed 81.03-acre Upper Penhorn Creek Mitigation Bank is to enhance 59.94 acres of degraded emergent wetlands, enhance 14.05 acres of degraded forested wetlands, preserve 1.29 acres of forested wetlands, and preserve 5.75 acres of open water within a highly urbanized portion of Watershed Management Area (WMA) 5.
Under Section 404 of the Clean Water Act (CWA),applicants applying for the Department of the Army permits to discharge dredge or fill material into waters of the United States, including wetlands, are often required to provide compensatory mitigation for permitted unavoidable wetland losses by creating, restoring, enhancing and preserving wetlands or streams. Authorized Mitigation Banks provide the Corps and the regulated public with additional options for compensatory mitigation of aquatic resource losses. As per the Final Mitigation Rule (33 CFR Parts 325 and 332), there are three mechanisms for providing compensatory mitigation (listed in order of preference as established by the regulations): mitigation banks, in-lieu fee programs, and permittee-responsible mitigation.