Mitigation bank opposed by SRBA

By LYNN MONTGOMERY | East Texas Edition

Dec. 23, 2004 - With one deciding "aye," the Sulphur River Basin Authority (SRBA) voted to oppose the proposed Hearts Bluff Mitigation Bank during their monthly meeting on Dec. 14.

Board member Dick Goodman made a motion to oppose the bank and after a lengthy pause, President Judy Lee seconded the motion. Mike Russell cast the deciding vote. Jim Thompson and Mike Kennedy voted to support the measure.

The proposal for Hearts Bluff Mitigation Bank has received responses from across Texas, some in opposition and some for, because of the location which is within the area of the potential Marvin Nichols Reservoir site. The North East Texas Regional Water Planning Group, at their recent monthly meeting, voted to send a letter to the U.S. Army Corps of Engineers (USACE) asking for a public comment hearing regarding the proposal. Region C, which consists of the Dallas-Fort Worth metroplex, has already sent a letter stating they oppose the mitigation bank, as have several water entities.

The bank, which would have to be approved by the USACE, would entail 1,386.63 acres of Billy and Bobby Lide's land in Titus County in which they propose to enhance and protect the land by halting destructive land use practices, restoring the previously degraded aquatic ecosystem, enhancing the existing aquatic ecosystem, and preserving and protecting these and adjacent upland areas. The entire tract is comprised almost entirely of wetlands adjacent to the Sulphur River and a small upland area that is surrounded by wetlands, both within and outside of the proposed tract, according to the public notice sent by USACE.

The SRBA president came under fire at the November meeting because she submitted a letter to the USACE asking for a public comment extension and made preliminary comments on behalf of the SRBA without first discussing the matter with the board.

At this month's meeting, she came prepared with letters from the opposition and supporters of the mitigation bank permit.

Lee stated the important thing is "the Texas Water Development Board and the EPA have both come out against the mitigation bank." She added, that according to the EPA letter, (the land) isn't as valuable as it should be for a mitigation bank and the SRBA was under contractual obligation, because of contracts signed three years ago for Marvin Nichols. This obligation is to various agencies, such as the Tarrant Regional Water District, the city of Irving, the Upper Trinity Water District and the North Texas Municipal Water District.

"We haven't signed any new contracts, so if we make a move that would impede the building of Marvin Nichols, we would be in breach of contract," Lee said.

The board was advised by the SRBA attorney Devry Garrett not to be supportive of the mitigation bank because of these contracts, and, the contracts was the deciding factor for Russell.

Board member Mickey McKenzie was absent at the meeting.