151.610 Definitions for KRS 151.610 to 151.615.
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<![CDATA[ Page 1 of 1 151.610 Definitions for KRS 151.610 to 151.615. As used in KRS 151.610 to 151.615, the following definitions shall apply: <br>(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 <br>established by the United States Geological Survey (USGS). As used in KRS <br>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 <br>under the Section 404 permit program; and is approved for such purposes under the <br>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 <br>approve proposed projects for design and construction with in-lieu moneys; and <br>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 <br>integrity, reduces sedimentation, provides and enhances habitat, improves health of <br>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 <br>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 <br>consistent with Sections 404 and 401 of the Clean Water Act; (9) "USACE" means the United States Army Corps of Engineers; <br>(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. <br>This method allows a permittee to provide funds to a qualified sponsor rather than <br>undertaking a specific mitigation project or purchasing credits from an approved <br>mitigation bank. Effective: July 15, 2008 <br>History: Created 2008 Ky. Acts ch. 97, sec. 1, effective July 15, 2008. ]]>