§ 15-22-1003 - Definitions. - Arkansas Statutes

15-22-1003. Definitions.

As used in this subchapter:

(1) "Aquatic resources" means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under section 404 of the Clean Water Act, 33 U.S.C. 1344, and sections 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. 401 and 403, as they existed on January 1, 2007, and Executive Order 11990 issued May 24, 1977, 42 F.R. 26961;

(2) "Commission" means the Arkansas Natural Resources Commission;

(3) "Credit" means a numerical value that represents the aquatic resources functions and value of a site;

(4) "Director" means the Executive Director of the Arkansas Natural Resources Commission;

(5) "Mitigation bank" means a publicly owned and managed aquatic resources site created or restored in accordance with this subchapter to compensate for unavoidable adverse impacts due to activities that otherwise comply with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. 1251-1376, section 404 of the Clean Water Act, 33 U.S.C. 1344, and sections 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. 401 and 403, as they existed on January 1, 2007, and Executive Order 11990 issued May 24, 1977, 42 F.R. 26961, or other laws requiring mitigation;

(6) "Permit action" means activity under a specific dredge or fill permit requested or issued pursuant to section 404 of the Federal Water Pollution Control Act, 33 U.S.C. 1344, or any other action requiring mitigation; and

(7) "Wetlands Technical Advisory Committee" is a committee made up of the directors or their designees of:

(A) The Arkansas Forestry Commission;

(B) The Arkansas State Game and Fish Commission;

(C) The Arkansas State Highway and Transportation Department;

(D) The Department of Arkansas Heritage;

(E) The Arkansas Department of Environmental Quality; and

(F) Two (2) public members with expertise in aquatic resources ecology appointed by the commission.