In-Lieu-Fee (ILF) mitigation programs are one of a number of practicable options available to applicants to compensate for unavoidable impacts to waters of the United States that are associated with permits issued under the authority of Sections 404 and 401 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The accompanying Southern Illinois ILF Stream and Wetland Mitigation Program prospectus outlines the circumstances and manner in which this ILF Program will provide a compensatory mitigation option to permit applicants under the Corps permit program. The use of the ILF Program to compensate for unavoidable impacts to aquatic resources is a decision of the Corps of Engineers and there is no guarantee that any particular individual or general permit will be granted authorization because of proposed use of this ILF.
The Land Learning Foundation (program sponsor) proposes to establish the ILF Program under the mitigation rule as a compensatory wetland and stream mitigation program in Illinois. Funds generated by the sale of credits will be used by the sponsor to identify, plan, and implement various types of compensatory mitigation projects. The sponsor will accept the transfer of mitigation responsibility from permit applicants and will assume all legal responsibility for satisfying mitigation requirements for which fees have been accepted (i.e., implementation, performance, and long term management of specific mitigation sites as outlined in the accompanying prospectus). The ILF Program proposes two types of credits available for purchase by a permittee, advanced credits and released credit. The advanced credits are in-lieu fee credits sold in advance of mitigation sites generating released credit. (See the total Advanced Credits requested by the sponsor within Section III (e) “Initial Allocation of Credits”, of the Prospectus, page 6). The selection of individual mitigation projects, as well as specific project partners, will occur on an on-going basis as ILF mitigation needs are realized. Individual projects will be provided to the IRT for consideration, comment, modification and approval.
The Southern Illinois In-Lieu-Fee Stream and Wetland Mitigation Program (ILF Program) would operate within the Lower Kaskaskia River
(07140204), Big Muddy River (07140106), Upper Mississippi-Cape Girardeau Rivers (07140105) and the Cahokia-Joachim (07140101) watersheds, in the State of Illinois. The four watersheds/service areas encompass all of St. Clair, Monroe, Randolph, Perry and Jackson Counties, and portions of Madison, Macoupin, Montgomery, Bond, Clinton, Washington, Marion, Jefferson, Franklin, Williamson, Johnson, Union and Alexander Counties.
Written comments must be submitted by replying by electronic mail, or written mail to the addresses shown in the signature block below. The Public Notice comment period opens on August 16, 2018, and closes on September 14, 2018.