In Lieu Fee Program

In Lieu Fee Program is sponsored by West Virginia Department of Environmental Protection (WVDEP). Provides compensatory mitigation for unavoidable impacts to waters of the United States and state waters.

In Lieu Fee Stream and Wetland Mitigation Agency Directory | Phone Directory | Online Services west virginia department of environmental protection west virginia department of environmental protection west virginia department of environmental protection In Lieu Fee Stream and Wetland Mitigation The In Lieu Fee (ILF) Program was initiated by DEP to provide an additional tool for achieving compensatory mitigation for unavoidable impacts to waters of the United States and state waters, including wetlands, streams and associated buffers.

Permits that are required for such impacts by the U.S. Army Corps of Engineers under §404 of the Clean Water Act , under §10 of the Rivers and Harbors Act , and by the State of West Virginia under §401 of the Clean Water Act The permit allows permittees to participate in the state's ILF Program if there are no Mitigation Banks available to provide compensatory mitigation.

Permittees participate by paying a fee, which is determined by inputting qualitative and quantitative data from proposed impacts to streams and wetlands into the West Virginia Stream and Wetland Valuation Metric.

The goal of West Virginia's ILF Program is to achieve no net loss of existing stream and wetland acreage and functions in West Virginia through effective restoration, enhancement, replacement, and preservation of aquatic resources.

The program utilizes watershed and landscape based planning to identify and assess potential mitigation opportunities that maximize the ecological benefits of aquatic resources within the same geographic service areas as the impacts. By consolidating the mitigation requirements stemming from multiple impacts, large scale watershed efforts can be focused within priority watersheds.

The ILF Program works closely with other state and federal agencies, non-government organizations, academic institutions, watershed associations, individuals and others to develop plans and set priorities. For more information, please contact: Kristy Rodrigue, In Lieu Fee Program Coordinator West Virginia Department of Environmental Protection Division of Water and Waste Management 1159 Nick Rahall Greenway Email : Kristy. L.

Rodrigue@wv. gov Business Hours : Monday - Friday, 8:00 a. m.

- 4:00 p. m. WV In-Lieu Fee Instrument This West Virginia In-Lieu Fee Mitigation Program Instrument (“Instrument”) between the U.S. Army Corps of Engineers, Huntington and Pittsburgh Districts (“Corps”) and the West Virginia Department of Environmental Protection (“WVDEP”) details the establishment and processes for the West Virginia In-Lieu Fee Stream and Wetland Mitigation Program (the “Program”).

WV In-Lieu Fee Instrument 2021 In-Lieu Fee Available Credits In-Lieu Fee Project Grant Awards In-Lieu Fee Project Location Map through the following channels: West Virginia Vendor Self Service (VSS) Portal View active listings directly on the wvOASIS VSS Portal under "View Grant Opportunities" Email Distribution List: Receive notifications directly in your inbox.

To be added to the distribution list, email the ILF Program Coordinator, Kristy Rodrigue. WV In-Lieu Fee Site Evaluation Form Note: This form is required only when an active Grant Funding Opportunity is posted. It must be completed and included as part of your official grant application submittal.

In-Lieu Fee Credit Request Form For Projects Requiring Greater than 500 Stream Credits In-Lieu Fee Participant Information Form To purchase stream and/or wetland credits from the In-Lieu Fee program, the In-Lieu Fee Participant Information Form must be completed and submitted along with the Applicant's Permit (which specifies the mitigation requirements) and the West Virginia Stream and Wetland Valuation Metric (WVSWVM) Version 3.

0 (September) sheets for confirmation from the ILF Program Coordinator. Available Credits and Project Grant Awards ILF Program Available Credits Available stream and wetland credits for various West Virginia watersheds.

Secondary Service Area (SSA) 8 Digit Hydrologic Unit Code (HUC) Watershed Available Wetland Credits Upper Ohio North/Upper Ohio South Potomac Direct Drains/Shenandoah Jefferson Water & Land Solutions, LLC Canaan Valley Institute/Downstream Strategies, LLC Decota Consulting Company Inc Canaan Valley Institute/Downstream Strategies, LLC GAI Consultants/AllStar Ecology, LLC Downstream Strategies, LLC WVDNR/Downstream Strategies, LLC Canaan Valley Institute/Downstream Strategies, LLC Canaan Valley Institute/Downstream Strategies, LLC Water & Land Solutions, LLC Decota Consulting Company Inc. Decota Consulting Company Inc Decota Consulting Company Inc Frequently Asked Questions What is the WVDEP In-Lieu Fee (ILF) Program?

The WVDEP ILF Program is an environmental mitigation program designed to provide an additional resource for satisfying compensatory mitigation requirements. It allows individuals, companies, or government entities to compensate for unavoidable, permitted adverse impacts to wetlands, streams, and buffers in West Virginia.

Instead of implementing their own mitigation projects, permittees can fulfill their legal obligations by paying a fee directly into the state-administered ILF fund. What regulations govern the WVDEP ILF Program? The program operates under the federal 2008 Compensatory Mitigation Rule (33 CFR Part 332) and the West Virginia In-Lieu Fee Stream and Wetland Mitigation Program Instrument (fully updated and approved in 2021).

It satisfies mitigation mandates tied to: Section 404 of the Clean Water Act (USACE permits) Section 10 of the Rivers and Harbors Act Section 401 Water Quality Certification (State of West Virginia) Who is eligible to purchase credits from the ILF program? Any permittee who has received or is applying for a permit that mandates compensatory mitigation for aquatic impacts may request to use the program.

However, standard mitigation sequencing must be followed first: Avoid impacts, Minimize impacts, and finally, Compensate for unavoidable impacts. Can I buy ILF credits if a private Mitigation Bank has credits available Generally, no. Under the federal mitigation hierarchy, approved mitigation banks are given preference.

Permittees are typically allowed to participate in the WVDEP ILF Program only if there are no mitigation bank credits available within the appropriate watershed service area to satisfy the permit requirements. How is the mitigation fee determined? Fees are calculated based on the quantity and quality of the proposed stream or wetland impacts.

Permittees must input qualitative and quantitative baseline data into the West Virginia Stream and Wetland Valuation Metric (WVSWVM) Version 3. 0 (September) to determine the exact number of stream or wetland credits required.

Once the required amount of mitigation credits is established via the metric, the financial cost is applied using the following baseline ILF program rates: Once I pay the ILF fee, who is responsible for the mitigation project's success? Upon the transfer of fees and final regulatory approval, all legal liability and mitigation responsibility shift from the permittee to the WVDEP.

The WVDEP assumes full liability for the design, implementation, performance, and long-term stewardship of the How does the ILF program use the collected fees? Unlike mitigation banks, which build ecological sites before selling credits, an ILF program collects fees first ("advance credits").

Once sufficient funds are aggregated within a particular watershed service area, the WVDEP pools those resources to fund ecologically significant restoration, enhancement, or preservation projects. opportunities are published and accessible through the following channels: West Virginia Vendor Self Service (VSS) Portal : View active listings directly on the Email Distribution List : Receive notifications directly in your inbox.

To be added to the distribution list,email the ILF Program Coordinator, Kristy Rodrigue, at Kristy. L. Rodrigue@wv.

gov . Where can I find current credit availability?

You can view the credit availability by downloading the In-Lieu Fee Available Credits document featured in the Program Details -> ILF Program Available Credits Financial Reports by Year Division of Water and Waste Management Environmental Enforcement Monitoring and Emergency Action Plans Frequenty Asked Questions Quality Assurance Program Plan Aboveground Storage Tanks Certification of Annual Inspection Guidance Financial Responsibility Forms and Guidance Frequently Asked Questions Industry Standards, Organizations & Other Resources Inspection Certification Frequencies Instructions Release Reporting Requirements Spill Prevention Response Plan Guidance for ASTs Submitting a Spill Plan or Spill Plan Certification Tank Installation Guidance AST/UST Corrective Action Guidance Document Leaking Aboveground Storage Tanks Leaking Underground Storage Tanks Corrective Action Guidance Document Underground Storage Tanks Study Material for UST Worker Certification Worker Certification for UST Tanks Unit Staff Contacts Industrial Facility Closure Guidance Document NPDES Reporting Reference Manual Water and Waste Enforcement Staff Contacts Hazardous Waste Permit Application Fee Schedule NPDES Discharge Monitoring Septic Tank Seal Registration Stream Disturbance Permit Guidance Underground Injection Control Permits Clean Water and Drinking Water SRF In Lieu Fee Stream and Wetland Mitigation Currently selected §319 Additional Grant Opportunities §319 Watershed Project Grants Green Infrastructure and Low Impact Development Second Creek Socioeconomic Survey Streambank/Sediment Monitoring Watershed Pilot Program Reporting Watershed Improvement Branch (WIB) Staff Contacts Watershed Project Implementation Guide Watershed Protection Plan Notification Requirements Erosion & Sediment Control BMP Manual Frequently Asked Questions Municipal Separate Storm Sewer Systems Permits and Associated Documents Stormwater Management and Design Guidance Manual Oil & Gas Construction Stormwater General Permit Modifications to Water Quality Standards Triennial Review of Water Quality Standards Water Quality Standards Archives Water Education Today (WET) Rain Barrel and Stormwater Education Water Education Resources West Virginia Water Festivals Wild & Wonderful Water Science Fair West Virginia Save Our Streams Acid Mine Drainage Experiments Benthic Macroinvertebrates (BMI's) Standard Operating Procedures Stream Monitoring Workshops Volunteer Assessment Database WV Wetland and Riparian Flora Vernal Pool Monitoring Program West Virginia Planting Tool Wild & Wonderful Wetlands Annual Certification-Large Quantity Users Progress Reports - Water Resources Protection & Management Act State Rules and Other Related Documents Water Withdrawal Guidance Tool WV Water Laws, Regulations, and Rights WV Water Resources Management Plan Mapping Tool Instructions Nutrients and Filamentous Algae in West Virginia Scientific Collection Permit Total Maximum Daily Loads (TMDL) Water Quality and Impaired Streams Dunkard Creek 2009 Fish Kill Information Special Studies on Water Quality Watershed Improvement Branch WV Wetland Rapid Assessment Method (WVWRAM) Official Emergency Spill Report Report Non-Emergency Complaint Report Complaint | Email Us | --> Public Comments Media Inquiries | Our Offices Request Information | Jobs | Employees Department of Environmental Protection