The New York District, of the U.S. Army Corps of Engineers has received a request from Kane Mitigation, LLC, bank sponsor of the Federal and State approved Kane Mitigation Bank, to modify the existing Mitigation Banking Instrument by expanding the bank’s service area. This notice is to inform interested parties of the proposed service area expansion request and solicit comments.
AUTHORITY: Issuance of a public notice regarding the proposed expansion of the Kane Wetland Mitigation Bank service area is required pursuant to the “Compensatory Mitigation for Losses of Aquatic Resources; Final Rule,” (Rule) as published in April 10, 2008, Federal Register, Vol. 73, No. 70, Pages 19594-19705 (33 Code of Federal Regulations, Parts 325 and 332).
SPONSOR: Kane Mitigation, LLC
115 Wilcox Street, Suite 200
Castle Rock, Colorado 80104
LOCATION: The existing Kane Wetland Mitigation Bank is located in the Hackensack River watershed, in the Boroughs of Carlstadt, Moonachie, and South Hackensack, Bergen County, New Jersey.
SERVICE AREA: Within the existing bank service area, mitigation credits from the bank are used to compensate for unavoidable impacts to Waters of the United States and/or State Waters, including wetlands, occurring within the Hackensack Meadowlands District (HMD) or with a component in the HMD by NJ transportation agencies (NJ Transit, Port Authority, NJDOT, and NJTA) associated with the New Jersey Waterfront Development Law, New Jersey Freshwater Wetland Regulations, the Coastal Zone Management Rules, the New Jersey Flood Hazard Area Control Act, and Department of the Army permits issued under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344). The existing Service Area includes Hydrologic Unit Codes-11 (HUC) 02030103180 (Hackensack River) and HUC 02030103150050 (Lower Passaic River) primarily within Bergen and Hudson Counties, which watersheds surround and encompass the HMD.
ACTIVITY: The bank sponsor has requested to expand the mitigation bank’s existing service area by including HUC 02030101170 and a portion of HUC 02030104010 into the bank service area. These two (2) additional HUC areas are immediately adjacent and contiguous with the existing service area.