The Department of Environmental Protection is establishing a new in-lieu fee program called the Pennsylvania Integrated Ecological Services, Capacity Enhancement and Support Program to allow applicants that are required to offset their aquatic resource impacts for both state and federal permit requirements to contribute monies to a program that meets the federal requirements for such activities instead of trying to restore or enhance aquatic resources through costly and ineffective independent efforts.
The program would be similar to the program for wetlands DEP has had in place since 1996.
The new program will meet stringent federal requirements established in 2008 (2008 Joint EPA and ACOE Mitigation Rules) and will provide a mechanism for permittees to meet their state and federal mitigation obligations until mitigation banking establishes a strong presence in Pennsylvania.
The public will have several opportunities to participate in the development of this program through both state and federal public comment periods. DEP also published for public comment four draft technical guidance documents related to compensatory mitigation in the March 8 PA Bulletin.
The four related draft technical guidance issued for public comment include: PA Function Based Aquatic Resource Compensation Protocol, Lacustrine Condition Level 2 Rapid Assessment Protocol, Riverine Condition Level 2 Rapid Assessment Protocol and a Wetland Condition Level 2 Rapid Assessment Protocol.
Public comments are due May 7 to DEP. Links to the draft technical guidance will be published on this webpage.
DEP has submitted a prospectus to the Army Corps of Engineers and is on file with ACOE Baltimore, Philadelphia, and Pittsburgh Districts notice of which it published in the March 8 PA Bulletin. The public may comment on the prospectus to ACOE through the Federal Register when it is published.