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.