KRS § 151.614 — KY Code / Title XII / Chapter 151 / Section 151.614
151.614 Authority powers and duties -- Reports
Status: in_force

151.614 Authority powers and duties -- Reports.

(1) Stream Restoration and Mitigation Authorities established under KRS 151.610 to

151.615 shall work in close partnership with local, state, and federal agencies in

actively advocating for the restoration, protection, and enhancement of the

watershed through stream restoration and mitigation projects. To this end, an

authority may:

(a) Recommend proposed stream restoration and mitigation projects to the 404

Mitigation Review Team for its consideration; and

(b) Undertake the management of stream restoration and mitigation projects and

may, in accordance with policies and regulations of the USACE, seek

approval to be designated by the USACE as a qualified mitigation

organization.

(2) Stream Restoration and Mitigation Authorities may:

(a) Establish a technical advisory committee, soliciting participation from

representatives of area utilities and water, sewer, and sanitation districts,

federal, state, and local governments, and agencies thereof, consultants,

colleges, and universities to assist the authority in the prioritization of

proposed mitigation projects, the management of mitigation projects and in

other efforts to improve watershed management;

(b) Review and comment on plans developed by federal, state, and local

government agencies which relate to the watershed management and identify

and recommend areas in which improved coordination of planning and project

design could, on a case-by-case and a systemic basis, result in greater

efficiencies and better outcomes for watershed management and water

resource protection;

(c) Initiate, sponsor, and participate in educational programs to increase public

awareness and stakeholder involvement in water resources protection and

watershed management;

(d) Prepare a six (6) year work plan, with annual review, for improvement of the

water resources of the watershed, including the:

1. Identification and prioritization of site-specific stream restoration

projects;

2. Development of recommendations for coordination of infrastructure

improvements and water resource enhancement;

3. Solicitation of public participation in development of the work plan and

of other strategies for water resource improvement and watershed

management; and

4. Description of accomplishment during the previous year and the status

of projects undertaken by the authority of other entities within the

watershed;

(e) Review project proposals for mitigation or restoration within the watershed to

ensure that the appropriate benchmarks and monitoring of preproject and

postproject hydrologic and biologic conditions are included in the mitigation

and restoration projects in order to measure success in achievement of the

project goals;

(f) Conduct pilot or demonstration projects for stream restoration and mitigation;

and

(g) Contract for technical assistance in undertaking any of the responsibilities

authorized under KRS 151.610 to 151.615.

(3) Stream Restoration and Mitigation Authorities shall report to the Legislative

Research Commission by October 31 of each year on any stream restoration and

mitigation work performed by the authority in the watershed, including the amount

of mitigation funds received from USACE or from a permittee under a Section 404

permit approved by the USACE, and any funding received from all sources and a

listing of upcoming restoration and mitigation projects authorized by the USACE or

the Department for Environmental Protection.

(4) When performing any stream restoration or mitigation activity, the authority shall

comply with all permitting procedures set out in federal and state statutes and

associated regulations of the USACE and the Kentucky Energy and Environment

Cabinet, and other local, state, and federal agencies, as appropriate.

(5) The work plan provided for in paragraph (d) of subsection (2) of this section shall

not be construed as amending or affecting plans developed under local, state, or

federal law, including plans developed under Section 208 of the Federal Water

Pollution Act, 33 U.S.C. sec 1288.