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Maine DOT proposes to amend umbrella mitigation bank instrument with site at Sherman Marsh in Newcastle

Published Aug. 20, 2013

CONCORD, Mass.The U.S. Army Corps of Engineers, New England District received a prospectus dated Aug. 1, 2013 for an amendment to the Maine Umbrella Mitigation Bank instrument (MUMBI) from the Maine Department of Transportation (DOT) with a specific project site at Sherman Marsh in Newcastle, Maine. The Corps is seeking public and agency comments on the prospectus.


Maine DOT seeks to include the restoration of Sherman Marsh in the MUMBI. This restoration involves the removal of the remains of a former dam and stabilization of the stream channel beneath Route 1 and would continue in accordance with the proposal outlined in the prospectus titled “Maine Department of Transportation Sherman Marsh Site Prospectus, Aug. 1, 2013.”


The MUMBI was approved and signed on Aug. 19, 2011. It can be viewed at: Select state of Maine and then “banks and ILF sites.” The process for review of the prospectus and subsequent steps, if appropriate, will follow 33 CFR 332, Compensatory Mitigation for Losses of Aquatic Resources (“Mitigation Rule”), published in the Federal Register on April 10, 2008. The Sherman Marsh bank deposit could provide an alternative to permittee-responsible mitigation for unavoidable impacts authorized under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, if it is deemed appropriate during the review process for proposed impacts.


If the prospectus is deemed sufficient, Maine DOT will be informed that they can draft an amendment to the MUMBI which will be reviewed by the Interagency Review Team. If the instrument is deemed acceptable, it will be signed by the Maine DOT and the Corps. The decision whether to authorize the sponsor to proceed to drafting a banking instrument will be based on the Corps’ determination of the potential of the proposed bank to provide compensatory mitigation for activities authorized by the Department of the Army permits.


The Corps of Engineers is soliciting comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider the effects of this proposal. The public notice with additional information, including the Maine DOT prospectus, can be reviewed online at the Corps website at


Public comments referencing this proposal (File # NAE-2008-1703) should be forwarded no later than Sept. 19, 2013 to the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: Ruth

Ladd), 696 Virginia Road, Concord, MA 01742-2751. Additional information is available from Project Manager Ruth Ladd at 978-318-8818 or toll free 800-343-4789 or 800-362-4367 (if calling from within Massachusetts) or by email to

Tim Dugan

Release no. 2013-076