127.20 Stream Stewardship Trust Fund in-Lieu Fee Mitigation Program

127.20.1 Introduction

127.20.1.1 Overview

The Stream Stewardship Trust Fund (SSTF) is a timely and user-friendly stream mitigation option. MoDOT may use the program, at the discretion of the US Army Corps of Engineers (COE).

This is an in-lieu fee program. Therefore, the funds for mitigation of impacts resulting from MoDOT projects may be applied to projects deemed to have high priority by the Missouri Conservation Heritage Foundation (MCHF). The MCHF is a not-for-profit, section 501(c)(3) entity.

The MCHF reviews and/or selects projects based largely on regional priorities developed by the Missouri Department of Conservation (MDC). In mainly urban areas (primarily St. Louis and Kansas City), preservation of existing “high-quality” streams is given highest priority. In more rural areas such as central Missouri, watershed level enhancement projects are given the highest priority. Throughout the state, site-specific problem areas such as aggressive erosion problems are given high priority.

After the MCHF approves a project, a conservation easement is purchased (by MCHF) and/or improvements are made by either MDC personnel or outside contractors. Approximately 60 percent of the projects are protected by permanent easements, approximately 25 percent of the projects are cost-share agreements with landowners, and approximately 15 percent of the projects are protected by 30-year easements.

127.20.1.2 Laws and Regulations

• This project is authorized by the COE through Section 404 of the Clean Water Act of 1972.

• This program is sponsored by MDC and administered through the MCHF.

127.20.1.3 Process

As a basis for a "Cost-to-Participate," the environmental specialist quantifies the stream impacts through the use of the Missouri Stream Mitigation Method. The number of stream crossing mitigation credits required for a project can be calculated through the application of this method. This information is submitted to the MCHF. Based on this submittal, the program will provide MoDOT with a cost to participate. MoDOT will use project funds for payment of this cost. Costs are based on the purchase of a "credit". The estinmated cost to participate is $35.00 per credit.

The program will verify payment by issuing a letter to the COE and MoDOT. This letter is the receipt of payment and proof of project mitigation.

127.20.2 Project Development Milestones

127.20.2.1 Final Design Stage

Upon receipt of the Clean Water Act Section 404 permit, the environmental specialist can calculate the impacts to be used as the basis to determine a cost. With the blessing of the COE district that granted the permit, solicitation of a cost to participate may commence.

127.20.2.2 Letting

MoDOT will obtain the proof of project mitigation by the time the project goes to letting.

127.20.3 Maintenance Activities

MoDOT has no maintenance associated with the SSTF In-lieu Fee Mitigation Program for stream mitigation. Maintenance, if any is necessary, is the sole responsibility of the landowner.