Kentuckys Fees InLieu Of Mitigation Programs

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Kentuckys Fees In-Lieu Of(Mitigation) Programs
Jennifer Garland KY Division of Water November
17-18, 2005
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Programs

• Northern Kentucky University Environmental
  Resource Management Center (NKU-ERMC)
• Kentucky Department of Fish and Wildlife
  Resources (KFDWR)
• Louisville/Jefferson County Metropolitan Sewer
  District (MSD)

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Typical Project Approval

• Projects voted on by Mitigation Review Team (MRT)
• USFWS
• USEPA
• KDOW
• USACE
• KDFWR (abstains from voting on own projects)

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Typical Project Approval

• Fees In-Lieu Of (FILO) Program presents
  Preliminary Scope and Cost Estimate to MRT. MRT
  visits site.
• VOTE TO APPROVE FOR DESIGN
• Design and expected construction budget presented
  to MRT
• VOTE TO APPROVE FOR CONSTRUCTION

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Program Considerations

• Money is spent within the basin or ecoregion it
  was generated
• Projects aim to replace the aquatic functions
  that were lost
• Physical impacts mitigated with physical
  restoration
• Focus restoration efforts in streams of similar
  size as those impacted

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Typical Project Components

• Stream restoration involving relocation of stream
  channel
• Stream enhancements involving bank stabilization,
  in-stream habitat features
• Riparian zone planting
• Permanent protection

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Stream Corridor Restoration Fund (NKU-EMRC)

• Original Agreement between NKU and USACE,
  Louisville District signed August 30, 1999
• Total deposits to date - 7,427,476
• Funds committed to date - 5,979,142

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NKU Project Overview

• Projects completed 5
• Projects in construction 3
• Projects in design or negotiation 3

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Stream Restoration Trust (KDFWR)

• Creation of the Stream Restoration Trust
  authorized by the legislature under KRS 150.255,
  effective July 2000
• Total Deposits 23,028,593
• Funds Committed 11,158,080
• Numbers as of 11/16/05

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KDFWR Project Overview

• Projects completed 3
• Projects in construction or ready to go to
  construction 10
• Projects in design 5
• Projects ready to go to design 6
• Project in conceptual planning 2
• Numbers as of 11/16/05

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In-Lieu Fee Agreement (MSD)

• Agreement signed July 2000
• No projects planned or completed at this point
• Potential for future projects associated with
  Floyds Fork Greenway

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Questions?