Pursuant to Section 62.1-44.15:20-23 of the Code of Virginia and 9 VAC 25-210-116D, the State Water Control Board (the "Board") is giving notice of its intent to sign and approve the new enabling instrument of the Virginia Aquatic Resources Trust Fund (the "Fund"), 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 March 1, 2011. In July 2008, the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) jointly released the Federal Mitigation Rule, which provides a framework for all types of wetland and stream compensation associated with the Clean Water Act Section 404 and Rivers & Harbors Act Section 10 permits. Currently, The Nature Conservancy (TNC) is the sponsor of the Virginia Aquatic Resources Trust Fund (VARTF), an existing in-lieu fee (ILF) program, which has been in operation in the Commonwealth of Virginia since 1995, in accordance with a Memorandum of Understanding (MOU) between TNC and the Corps, and as amended in 2003. DEQ has participated on an interagency team with the Corps, EPA, TNC, the U.S. Fish & Wildlife Service (USFWS), and the National Oceanic & Atmospheric Administration (NOAA) to develop a new enabling instrument. The purpose of this new Instrument is to establish guidelines, responsibilities and standards for the establishment, use, operation and maintenance of the Fund in a way that brings the existing Fund into compliance with the “Mitigation Rule” (33 CFR 332) governing compensatory mitigation for activities authorized by Corps permits and that complies with State Water Control Law and the Virginia Water Protection Permit program.
|Name / Title:||David L. Davis|
629 East Main Street
P.O. Box 1105
|Telephone:||(804) 69-8410 ext: 5 FAX: ()- TDD: ()-|