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Fees and Processing

Directions For Applicants and Staff for Processing Credit Purchases from PIESCES

Effective March 1, 2022, the Department began to implement the Pennsylvania Integrated Ecological Services, Capacity Enhancement and Support Program (PIESCES), commonly referred to as PIESCES. The program is designed to provide regulatory relief to those applicants who meet all other permit requirements but cannot purchase credits from a private compensatory mitigation bank or opt to purchase credits from the Department’s In-Lieu Fee (ILF) program. Applicants should follow the applicable permit application instructions for requesting utilization of PIESCES to satisfy their compensatory mitigation requirements and the eligibility requirements listed below. Applicants are encouraged to pursue purchase of private mitigation banking credits where available since they have already received both state and federal approval for use and the aquatic resource improvements are underway or been completed.

Permit review staff will be responsible for finalizing the aquatic resource function-based compensatory mitigation requirements following the current aquatic resource compensation methodologies. Requests to purchase credits from the ILF program PIESCES must follow the methodology in order to be eligible to purchase credits. Applicants should note that use of the ILF program may entail a Project Effect Adjustment Factor for temporal losses due to the delayed nature of providing compensation through the ILF program. Questions regarding the methodology can be emailed to: David Goerman dgoerman@pa.gov.

No limitations in terms of the number of requested credits has been placed on the ILF program at this time. The program may need to limit credit purchases in the future related to a cap placed upon the advanced credit allocation for each service area as part of the federal program approvals.

Interim Operating Procedures

Until the ILF program receives the federal approvals, the following interim operating procedures will be used to guide applicant eligibility:

  • 1. The applicant is eligible to use the ILF when:
    • A. Application only proposes impacts to regulated waters of the Commonwealth and there are no impacts to waters of the U.S.
    • B. Application qualifies as a non-reporting activity under the Pennsylvania State Programmatic General Permit (PASPGP) and both of the following are true:
      • Non-reporting applications are deemed to have state compensation requirements only, no federal requirement have been established
      • DEP has not required on-site compensatory mitigation
    • C. Application qualifies for PASPGP requires a reporting action and both of the following are true:
      • The U.S. Army Corps of Engineers (USACE) has not special conditioned the PASPGP with specific federal compensation requirements
      • DEP has not required on-site compensatory mitigation
    • D. Application does not qualify for PASPGP (i.e., requires Individual 404 Permit) and the USACE does not require any federal compensation requirements or agrees to allow the applicant to use the ILF program and the following is true:
      • DEP has not required on-site compensatory mitigation

Regional Office staff should document the applicant's choice in the Record of Decision. If the applicant chooses to use the ILF program, they should be informed that they can purchase credits at the following rates effective October 1, 2023:

  • Wetland Function Based Credit Fees
    • Hydrologic (HYD2) $ 11,000.00/credit
    • Biogeochemical (BGC2) $ 11,000.00/credit
    • Habitat (HAB2) $ 11,000.00/credit
  • Riverine Function Based Credit Fees
    • Resource Support (RS) $ 50,000.00/credit
    • Hydrologic (HYD1) $ 50,000.00/credit
    • Biogeochemical (BGC1) $ 50,000.00/credit
    • Habitat (HAB1) $ 50,000.00/credit
  • Lacustrine Function Based Credit Fees
    • Habitat (HAB3) $7,500.00/credit

Special Conditions

If applicants agree to participate in the PIESCES program, the permit will be conditioned in one of two ways as follows (Note: the conditions are listed for informational purposes so Applicants are aware of what will be expected):

  • 1. Use of Pennsylvania In Lieu Fee program credits approved by DEP and a check for the credit purchase was provided prior to permit issuance:
    • a. The Department has determined that the Permittee has satisfied the compensatory mitigation requirements for [##.## wetland and/or riverine] credits through the purchase of [##.## wetland or riverine] credits from the Pennsylvania In Lieu Fee program approved for use in Compensation Service Area [##]. The Permittee provided a check in the amount of $____ made payable to the National Fish and Wildlife Foundation was accepted by the Department. Upon successful deposit of the provided check will constitute transfer of the approved credit amounts and types and acceptance of liability by the Pennsylvania In Lieu Fee Program to provide the compensatory mitigation requirements. Failure of successful deposit of the funds will violate the terms and conditions of this permit. This failure may result in the modification, suspension, or revocation of this permit, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings.
  • 2. Use of Pennsylvania In Lieu Fee Program credits approved by DEP but a check for the credit purchase has not been provided prior to permit issuance:
    • a. The Department has determined that the Permittee has made arrangements to satisfy their compensatory mitigation requirements for [##.## wetland or riverine] credits through the purchase of [##.## wetland or riverine] credits from the Pennsylvania In Lieu Fee Program approved for use in Compensation Service Area [##]. Within 60 days from the date of issuance of this permit, the Permittee shall provide a check in the amount of $____ made payable to the National Fish and Wildlife Foundation, Memo Line: PA ILF Program to the Department. Failure to provide and successfully deposit of such a check shall violate the terms and conditions of this permit. This failure may result in the modification, suspension, or revocation of this permit, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings.

The Interim Wetland Function Based Credit Fees increased October 1, 2023. Due to a recent programmatic review, adjustments to the interim fee schedule were necessary to ensure sufficient fees to cover the costs of providing compensatory mitigation.

Applications which were received by DEP prior to October 1, 2023 will use the previous credit fees:

  • Wetland Function Based Credit Fees
    • Hydrologic (HYD2) $ 7,500.00/credit
    • Biogeochemical (BGC2) $ 7,500.00/credit
    • Habitat (HAB2) $ 7,500.00/credit

Additional DEP Procedures

The final Pennsylvania Bulletin description should include the following, "The permit applicant has met the compensatory mitigation requirements by participating in the Pennsylvania Integrated Ecological Services, Capacity Enhancement and Support Program."

Applicants will be instructed to write a check in the correct amount payable to: National Fish and Wildlife Foundation with the reference to the PA ILF Program noted on the memo line of the check.

The check must be provided to DEP within 60 days of permit issuance. Upon receipt, the check and a purchase request form will be forwarded to the Division Chief, Wetlands, Encroachment, and Training, Bureau of Waterways Engineering and Wetlands. The Division Chief will be responsible for processing the check to the National Fish and Wildlife Foundation, a credit purchase receipt letter will be generated and provided to the permit holder and issuing DEP office.

Failure to provide and successfully deposit such a check shall violate the terms and conditions of this permit. This failure may result in the modification, suspension, or revocation of this permit, in whole or in part, and/or the Department may, in addition, institute appropriate legal proceedings. If you have any questions, or recommendations concerning this guidance, do not hesitate to contact anyone in the Division of Wetlands, Encroachments, and Training. The Department may modify these procedures as necessary.