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Fee-In-Lieu mitigation for Docks a hot topic at Lake Chelan

By
Real Estate Agent with Criterion Properties
For the last several years, the Washington Department of Fish and Wildlife has been requiring mitigation for dock construction that normally consists of dumping old apple tree root balls in the lake. The sailing association has been working with other land owners to point out the dangers to swimmers and boaters of this practice. Further, research with renowned biologists suggests that this mitigation actually favors predator fish, not what they are supposed to be protecting. And, docks appear to be helpful to fish. One of the proposals to solve this issue is a Fee-In-Lieu program where property owners can pay into a fund for off-site mitigation projects. It is currently open for public comment. Here are the details: Interested parties are hereby notified that the U.S. Army Corps of Engineers (Corps) Seattle District and the Washington Department of Ecology (Ecology) are seeking comments on a proposal to establish the Lower Lake Chelan In-Lieu Fee (ILF) Mitigation Program. A Joint Public Notice (PDF) was published on August 17, 2010 and will expire on September 16, 2010. A prospectus describing the proposed program has been received from the program sponsor, Chelan County Natural Resources Department, dated June 2010, and titled "In-Lieu Fee Program Prospectus and Compensation Planning Framework for Lower Lake Chelan, Chelan County" (PDF).

Overview

The term “in-lieu fee program” refers to a program involving restoration, establishment, enhancement, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements. Similar to a mitigation bank, an ILF program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu fee program sponsor. The operation and use of an ILF program are governed by an ILF program instrument. The Lower Lake Chelan Mitigation Program is an ILF program being proposed as a means to meet the requirements for compensatory mitigation associated with projects, which may be permitted by the Corps and/or Ecology. If the program is approved, it would provide an alternative to permittee-responsible mitigation. The program will be designed and administered in a manner consistent with the Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (PDF), which was published in the Federal Register on April 10, 2008. For more information please see the Joint Public Notice linked below.

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