CONCORD, Mass. – The U.S. Army Corps of Engineers, New England District has issued a public notice to inform all those interested of the availability of the “Report of the Activity of the New Hampshire Department of Environmental Services Aquatic Resource Mitigation Fund Program,” dated February 2012.

The program, which is an In-Lieu Fee (ILF) program, serves as an alternative form of compensation for impacts to aquatic resources authorized by the New England District, U.S. Army Corps of Engineers and/or the state of New Hampshire Department of Environmental Services (DES).

Compensatory mitigation occurs in circumstances where a permittee is required to compensate for the functions and values of aquatic resources lost as a result of the authorization after all efforts are made to avoid and minimize impacts. In-Lieu Fee is an option available to the applicant instead of completing permittee-responsible mitigation. Use of the ILF program is contingent upon Corps and/or state approval.

The New Hampshire DES Aquatic Resource Mitigation (ARM) Fund was established in 2006 to provide wetlands permit applicants with an additional option to address federal and state mitigation requirements when impacts to jurisdictional wetlands and other aquatic resources are permitted that require mitigation. DES manages and implements the ARM Fund in accordance with both the state statutory requirements and a Memorandum of Understanding between DES and the U.S. Army Corps of Engineers that ensures consistency and compliance with federal standards. 

All ILF agreements in New England are available for review on the Corps website at http://www.nae.usace.army.mil under “Regulatory” and then “General Information” and then “Mitigation” or go directly to the link at http://www.nae.usace.army.mil/Regulatory/Mitigation/in-lieu.htm.

To review the public notice and the 2011 “Report of the Activity of the New Hampshire Department of Environmental Services Aquatic Resource Mitigation Fund Program” go to http://www.nae.usace.army.mil. Select “Regulatory” and then “public notices” and then the state and check by date.

For more information (on file # NAE 2005-1142) contact the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: Ruth Ladd), 696 Virginia Road, Concord, MA 01742-2751; or contact Ruth Ladd at 978-318-8818 or toll free 800-343-4789 or 800-362-4367 (if calling from within Massachusetts) or by email to: ruth.m.ladd@usace.army.mil.