KRS 151.610: Definitions for KRS 151.610 to 151.615.

As used in KRS 151.610 to 151.615, the following definitions shall apply:

(1) "Compensatory mitigation" means replacement of aquatic resource functions and

values adversely impacted by an activity permitted under a Section 404 permit;

(2) "HUC 10 watershed " means a hydrologic unit code (HUC) watershed delineated

according to the method of subdivision for the organization of hydrologic data

established by the United States Geological Survey (USGS). As used in KRS

151.610 to 151.615, "watershed" means a HUC 10 watershed;

(3) "Mitigation organization" means an organization that is approved by the USACE as

a mitigation bank or to manage or perform third -party compensatory mitigation

under the Section 404 permit program; and is approved for such purposes under th e

Section 401 certification program;

(4) "Mitigation Review Team" means the interagency committee established pursuant

to agreement with the USACE pursuant to Section 404 of the Clean Water Act to

approve proposed projects for design and construction with in-lieu moneys; and

perform annual reviews of ongoing and completed projects;

(5) "Restoration" means restoring an altered, unstable, or converted wetland or stream

to a stable condition that improves its geomorphic, biological, and chemical

integrity, reduces sedimentation, provides and enhances habitat, improves health of

the aquatic community, and restores wetland or stream functions and values;

(6) "Riparian" means the zone of living and nonliving systems that influence or are

influenced by a corridor of a river, stream, or waterbody;

(7) "Section 404 permit" means a permit issued by USACE under 33 U.S.C. sec. 1344

et seq. and "Section 401 certification" means a water quality certification issued

under 33 U.S.C. sec. 1341;

(8) "Stream restoration and mitigation" means restoration of wetlands, streams, or other

waterbodies, and mitigation of adverse effects on waterbodies, in a manner

consistent with Sections 404 and 401 of the Clean Water Act;

(9) "USACE" means the United States Army Corps of Engineers;

(10) "2020 water management planning council" means the council established under

KRS 151.601; and

(11) "404 In -lieu Fee Program" means a USACE -approved method for permittee

satisfaction of compensatory mitigation requirements under a Section 404 permit.

This method allows a permittee to provide funds to a qualified sponsor rather than

undertaking a specific mitigation project or purchasing credits from an approved

mitigation bank.