Agencies | Governor
Virginia Regulatory Town Hall
Department of Environmental Quality
State Water Control Board

General Notice
Notice of Intent to Approve Use of Virginia Aquatic Resources Trust Fund as a Form of Compensatory Mitigation
Date Posted: 10/9/2006
Expiration Date: 12/1/2006
Submitted to Registrar for publication: YES
No comment forum defined for this notice.
Pursuant to Section 62.1-44.15:5D of the Code of Virginia and 9 VAC 25-210-115E, the State Water Control Board (the "Board") is giving notice of its intent to approve the continued use of the Virginia Aquatic Resources Trust Fund (the "Fund") as one of several acceptable forms of compensatory mitigation for permitted impacts to state waters, including wetlands, after considering public comment for a 30-day period starting October 30, 2006.  The Board first approved use of the Fund as a compensatory mitigation option in December 2001, and then again in April 2003 based on the 2002 annual report submitted to DEQ.  The Norfolk District Corps of Engineers (the "Corps") submitted the 2005 annual report of Fund activities on April 11, 2006.  The Corps has requested that the Board approve continued use of the Fund, for a five year period, as meeting the requirements set forth in 9VAC 25-210 115E, including: dedication to the achievement of no net loss of wetland or stream acreage and function; consultation with the Board on site selection; provision of annual reports detailing contributions by watershed; and a mechanism to establish fee amounts.  The Board proposes to approve continued use of the Fund as a compensatory mitigation option for a one-year period, ending December 31, 2007, provided that the following conditions are met: DEQ has the opportunity to review and comment on site selection and wetland and stream project plans prior to their approval; the Fund cannot be used as a compensatory mitigation option in geographic areas having approved mitigation banks with appropriate credits available for purchase, unless DEQ gives specific approval on a case by case basis; and monitoring reports on wetland and stream restoration sites are completed and available for review.  The final 2005 annual report is available on the Department of Environmental Quality web site at or by calling or emailing David L. Davis, DEQ Office of Wetlands & Water Protection.  Written comments, including those by email, must be received no later than 4:00 p.m. on December 1, 2006 and should be submitted to David L. Davis at the address given below.  Only those comments received within this period will be considered by the Board.  Written comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments. 

Contact Information
Name / Title: David L. Davis  / Reg. Coordinator
Address: 629 East Main Street, P.O. Box 1105
Richmond, 23218
Email Address:
Telephone: (804)698-4105    FAX: (804)698-4347