Use of Virginia Aquatic Resources Trust Fund as a Form of Compensatory Mitigation under 9 VAC 25-210
Date Posted: 10/4/2005
Expiration Date: 12/1/2005
Submitted to Registrar for publication:
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 31, 2005.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 draft 2004 annual report of Fund activities on July 17, 2005 and the final 2004 annual report on September 30, 2005.The Corps has requested that the Board approve continued use of the Fund 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, 2006, provided that the following conditions (including, but not limited to) are met: DEQ has the opportunity to review and comment on wetland and stream project plans; the Fund cannot be used as a compensatory mitigation option in geographic areas having approved mitigation banks with appropriate credits available for purchase; monitoring reports on wetland and stream restoration sites are completed and available for review; and DEQ has input on the development of criteria to establish fee amounts for stream restoration.The final 2004 annual report is available on the Department of Environmental Quality web site at http://www.deq.virginia.gov/wetlands/mitigate.html 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 on December 1, 2005 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.