Published Nov. 15, 2017
Expiration date: 12/16/2017
Proposed New Mitigation Banking Instrument (MBI) Template  

The U.S. Army Corps of Engineers (USACE), Norfolk District and the Virginia Department of Environmental Quality (DEQ) worked with the Interagency Review Team (IRT) to develop the Draft 2017 MBI Template (Template) for use in the Commonwealth of Virginia. This Template is proposed to replace and supersede the February 2010 version of the MBI Template. 

This notice is to announce the availability of the Template for public review and to solicit comments on this Draft version.    

AUTHORITY: Mitigation Banks are one form of compensatory mitigation that may be used to satisfy mitigation requirements of USACE, DEQ, and VMRC permits issued pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Title 62.1 of the Code of Virginia and Section § 28.2-2.1308 of the Code of Virginia. Federal Mitigation Banking regulations are located at 33 C.F.R. §§ 325 and 332. 

COMMENT PERIOD: Comments on the Template should be in writing and can be sent by either email to jeanne.c.richardson@usace.army.mil, or by regular mail, addressed to the Norfolk District, Corps of Engineers Lynchburg Field Office, PO Box 3160, Lynchburg, Virginia 24503, and should be received by the close of business on December 16, 2017. All comments will be forwarded to DEQ and the IRT for consideration.  

PRIVACY & CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the U.S. Army Corps of Engineers.  Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the U.S. Army Corps of Engineers. Submissions should not include any information that the submitter seeks to preserve as confidential.  

If you have any questions or need additional information, contact

Jeanne C. Richardson