HOUSE CONCURRENT RESOLUTION NO. 110
(By Delegates Manchin, Caputo and Longstreth)
Requesting the Joint Committee on Government and Finance to study
mitigation practices and resources in connection with areas
traditionally defined as wetlands in preparation for the new
mitigation rules being drafted by the Army Corps of Engineers
and the U.S. Environmental Protection Agency which are
expected to be finalized in May, 2008.
Whereas, Streams and wetlands across West Virginia are altered
during mining, development and other activities while developers,
road builders, mining companies and other permittees who impact
streams and wetlands are required to perform environmental offsets
to neutralize the effect of these impacts; and
Whereas, It is important to preserve West Virginia's wetlands
and streams while at the same time promoting economic and
industrial development; and
Whereas, The concept of mitigation with regards to traditional
wetlands has developed directly through developers, groups like
the nature conservancy, and even private mitigation bankers to the
extent that new mitigation rules are being drafted by the Army
Corps of Engineers and USEPA which are expected to be finalized in May, 2008; and
Whereas, The concept of mitigation is further complicated in
West Virginia because streams rather than wetlands are frequently
being impacted; and
Whereas, The West Virginia Conservation Corp has begun studying
the concept of developing mitigation banks in connection with
stream disturbance and impact storm water runoff, and other issues;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study existing mitigation practices and resources in
connection with areas traditionally defined as wetlands, together
with the new mitigation rules being drafted by the Army Corps of
Engineers and the USEPA, and either their applicability or desired
applicability to stream mitigation, stream mitigation banking
and/or storm water runoff issues; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on Government and Finance.