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Council approves work to redesign parts of Eldon Ditch after Army Corps rules reach a water of the state
Summary
The council reviewed a contract modification for Fishbeck on the Eldon Ditch Watershed Improvements (phase 2) after the U.S. Army Corps determined parts of the ditch are waters of the state; staff said compensatory mitigation could add roughly $200,000 for the upper reach while the lower reach can proceed without mitigation credits and may recover costs through a Lucas County ditch petition.
Councilmember Shaw updated the council on the Eldon Ditch Watershed Improvements project and asked permission to modify the design consultant contract with Fishbeck for Phase 2 work. He told council that a jurisdictional determination by the U.S. Army Corps of Engineers found at least one reach of Eldon/Elgin Ditch qualifies as a surface water of the state, triggering different permitting and mitigation requirements for different reaches of the project.
"As a matter of fact, it is a surface water of the state," Shaw said, describing the Army Corps' determination and the need for compensatory mitigation on the upper 700-foot reach, which staff estimated could add roughly $200,000 in mitigation costs. Shaw said the lower reach near Monroe and Parkwood did not require compensatory mitigation credits under the Corps' review, allowing staff to pursue reshape-and-open-channel solutions and apply for a nationwide 18 permit. Council discussed recovering eligible costs through Lucas County ditch petition assessments for the lower reach.
