Kentucky wetland and stream mitigation program




















An Official Website of the Commonwealth of Kentucky. They save millions of dollars annually by trapping sediment, reducing flood damage, and abating water pollution. Their water quality and flood control functions mean less money spent on cleaning up drinking water and repairing damage to homes and businesses. In addition to the above, wetlands provide opportunities for over a million people a year who enjoy wildlife-related recreation in Kentucky.

Ducks congregate in sloughs along our border with the Mississippi River. Largemouth bass, muskies and bluegills need wetlands for food and cover. For more information, please contact Scott Fennell at fennells nku. Call or email for current credit availability and price. Information is collected automatically by NKU as part of the software operation of our website.

This data is not personally identifiable information. NKU uses this information for internal purposes, such as marketing and seeing what pages are most frequently visited. Click "Accept" to continue to use NKU website s , and consent to our collection of cookies. This allows the program to finish the project design and begin construction.

Engineering: Stream restoration projects are complex. The engineering phase of projects may take months to complete. We conduct an intense analysis of the stream and watershed to develop detailed design plans for a project. Analysis may include hydraulic considerations, stream flow, channel dimensions, stress, construction specifications, and a construction budget estimate. This phase of the project includes obtaining all required permits from Kentucky Division of Water and U.

Army Corps of Engineers. Typically, private engineering firms are hired to complete the project design plans, construction specifications, and project budget. Engineering firms also oversee construction of projects to ensure they are built to specifications. Again, this is at no cost to the landowner. For credit assistance, contact Clifford. Scott ky. Mitigation units for wetlands, regardless of the location within Kentucky, are determined using the CKAP.

Kentucky Revised Statute No state general fund tax dollars or Department license dollars are used to fund the program. This means that credit rates must be sufficient to fund all costs of an in-lieu fee mitigation program. The Sponsor shall determine the cost of compensatory mitigation credits.

Pursuant to the federal regulation, the Instrument authorized by the U. The Instrument requires the Department to set fees,. The Sponsor may adjust fees as necessary The in-lieu fee mitigation credit rate funds activities in three main categories of activities required to implement mitigation:. The credit rate is based on the historic and forecasted costs of implementing mitigation projects including property and conservation easement costs.

Administrative and Reserve percentages are added to those costs. Historically, the in-lieu fee credit rate was set by the Corps of Engineers and was based on the average cost of previous mitigation projects. Under this past practice the rate was adjusted after project costs were incurred. That approach to setting the credit rate created a situation where in-lieu fees could be paid at a rate lower than future actual costs of mitigation projects, which could result in less mitigation.

The Final Rule on mitigation changed this practice by requiring that in-lieu fee Sponsors set credit rates to fully fund all costs and change to a credit based accounting system for compliance. The in-lieu fee program now sets the rate not only from examining past project costs but also by estimating future project costs to comply with the Final Rule. This guards against defaulting on mitigation credit replacement since the in-lieu fee program is responsible to replace mitigation credits equal to the amount sold.

The in-lieu fee program has identified potential future projects and set the credit rate at an amount needed to fund those projects instead of relying solely on the average rate of completed projects. A general explanation of the in-lieu fee program costs funded by the credit rate is provided below:. The credit rate includes a percentage that is used to fund administration of the program. Administrative functions include tasks completed by Department or other state government staff, or professional services, for identifying, planning, and operation of the program including equipment and materials.

Operation of the program may include other aspects necessary to complete mitigation projects such as design, monitoring, management, easement enforcement, legal actions, or other activity. This category funds the design, construction, and monitoring of individual mitigation projects: property work, survey, design, construction and monitoring. Monies from credit sales are distributed to the Service Area a region based on river basins and physiography from where they originated.

There are ten service areas across the state. Funds from a service area are dedicated solely for projects in that same area. Permanent protection is required for all mitigation projects.

This is accomplished by deed restrictions for property purchases or easements on other properties. Property acquisition and permanent protection involves costs associated with legal reviews, title opinions, curative work to correct defective property titles, surveys, and property costs. Some in-lieu fee mitigation sites involve the acquisition of large tracts of land to conduct stream mitigation in headwaters while others are limited to an easement to create a protected buffer of land along the riparian corridor of a stream project.

This is the phase of mitigation projects that involves surveying property boundaries for creating the easement, topographic surveys, analyses for the project such as shear stress, hydraulic, and sediment loading calculations, the development of design plans showing plan form, longitudinal profile, cross sections, specifications for structures, standard drawings, preparing permit applications, and development of a construction budget.

Engineering services include construction oversight to insure that construction correctly implements the design plans and to verify invoices for construction.

Engineering services are normally contracted to private firms. This phase involves capital construction of individual mitigation projects. Construction contracts are awarded to private companies through a low-bid process. The construction is typically bonded and includes a warranty period on the contract. Normally, construction of mitigation projects is classified as heavy construction. Each project includes a percentage of the overall project costs that is set aside to cover unexpected costs.

All projects are monitored after completion as required by the Instrument and the Corps of Engineers and Kentucky Division of Water permits for each project.



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