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PA Bulletin, Doc. No. 14-486


Submission of Prospectus for In-Lieu Fee and Compensatory Mitigation to Army Corp of Engineers Under 33 CFR 332.8(v)(2)

[44 Pa.B. 1400]
[Saturday, March 8, 2014]

 The Department of Environmental Protection (Department) has submitted a prospectus to the Army Corps of Engineers (ACOE) under 33 CFR 332.8(v)(2) (relating to mitigation banks and in-lieu fee programs), which requires in-lieu fee (ILF) programs to operate as a compensatory mitigation option for Federal permit action, authorized under section 404 of the Clean Water Act (33 U.S.C.A. § 1344) or section 10 of the River and Harbors Act. The Department currently operates an existing ILF program entitled the Pennsylvania Wetland Replacement Project as described in technical guidance document No. 363-0200-003, finalized in February 1997. The Department intends to replace the existing program to establish a comprehensive ILF program that is in compliance with the ACOE and the United States Environmental Protection Agency's Joint Mitigation Rule (Rule), thereby continuing to offer permit applicants a joint State/Federal option for aquatic resource mitigation needs that complies with both State and Federal rules. The obligations and sites previously constructed under the existing policy will remain separate from the new program and not brought under the Rule.

 The Department's prospectus has been submitted to the ACOE Districts of Baltimore, Philadelphia and Pittsburgh and once determined complete will be available for public review and comment through a public notice issued by the ACOE and posted on each District's web site for a 30-day comment period. Interested parties are encouraged to submit comments to the ACOE during the prospectus review process. The replacement to the Department's existing ILF program will be published for public comment in the Pennsylvania Bulletin during the ACOE's Draft Instrument stage which occurs after the ACOE accepts the Department's prospectus.


[Pa.B. Doc. No. 14-486. Filed for public inspection March 7, 2014, 9:00 a.m.]

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