Robert Reschke asked me to reply.
In Kansas, the Kansas Department of Agriculture Division of Conservation (KDA-DOC) was authorized by the legislature in 2015 (HB 20161) to take action necessary to restore, establish, enhance and protect natural resources with conservation easements for the purpose of compensatory mitigation required under Section 404 of the Clean Water Act. KSA 2-1904 (3) (f) (10) (c) established fees for the acquisition and administration of conservation easements held on behalf of “organized” Watershed Districts.
KSA 2-1904 (h) All costs associated with compensatory mitigation, including, but not limited to, the costs of any litigation or civil fines or penalties, shall be paid by the watershed district for which the Kansas department of agriculture division of conservation holds the conservation easement.
The KDA-DOC is charging $10,000 per conservation easement. That money is deposited in a conservation fund within the KDA for the 3rd Party Easement – compensatory mitigation fund.
The USACE requires Watershed Districts to acquire a 3rd Party Easement Holder where compensatory mitigation is required. KDA-DOC is a USACE approved 3rd Party Easement Holder. There are now 6 entities qualified to hold 3rd Party Easement, including KDA-DOC.
Our task, for this first and only easement we hold is to monitor the preservation of 16.4 acres (surrounding 4 acres of sediment pool) – Mitigation area is to be fenced around the conservation pool:
• No motorized vehicle use allowed.
• Livestock exclusion fence to eliminate grazing by domestic animals.
5-wire barbed fence, with steel posts used as corners to prevent damage from burning.
• Monitor mitigation area for invasive brush and noxious weeds.
Scope of Mitigation: To restore and preserve the areas around the proposed floodwater detention structure in a manner to preserve and enhance the current native habitat while preventing adverse effects of future development by reserving the areas for wildlife and limited recreational use: Vegetative buffers utilizing existing native timber will be created.